Terms of Use

Last Updated 2/8/24

TERMS OF USE

All rights reserved by CORE PE, LLC 

  • This product is to be used by the original registered license holder only.
  • Intended for classroom and personal use only.
  • This product may not be distributed or displayed digitally beyond the registered license holder.
  • Failure to comply is a copyright infringement and a violation of the Digital Millennium Copyright Act (DMCA). Elements found in this digital product are copyrighted and cannot be extracted and used outside of this file without permission or license.

INDIVIDUAL SCHOOL LICENSE(S)

This license is good for only the specific teacher, for the length of time that the teacher is with the district. 

  • Purchased by school/district – ability to purchase multiple licenses
  • Must enter/use teacher’s school email (no personal emails)
  • Teacher loses access to the program if they move out of the district
  • Digital access to the program for 3 years
  • Non-transferable to any other user at any time

Upcoming CORE PE PreK-5 revision will be included complementary to reflect upcoming 2024 SHAPE America standards updates.

(Current now and will be current with upcoming 2024 national standards revision.)

TRANSFERABLE SCHOOL LICENSE(S)

This license is good for one teaching position and may be transferred ONE (1) TIME to a new teacher in that position in case of teacher turnover.

  • Purchased by school/district – ability to purchase multiple licenses
  • Must enter/use teacher’s school email (no personal emails)
  • Transferable license is a cost savings if there is a turnover in the teaching position during the 3-year license cycle
  • The school district is responsible to contact CORE PE to transfer the account from the previous teacher to the new teacher
    • transfer@corepecurriculum.com
  • Digital access to the program for 3 years

Upcoming CORE PE PreK-5 revision will be included complementary to reflect upcoming 2024 SHAPE America standards updates.

(Current now and will be current with upcoming 2024 national standards revision.)

PERSONAL LICENSE(S)

This license is purchased independently by the teacher, homeschool, youth activity leader, etc. and stays with the educator.

  • Purchased by the individual educator with their own funds
    • Cost of program may be tax deductible – Check with your tax professional, CORE PE does not give tax advice
  • Must use personal email to ensure uninterrupted access to program
  • Access to the program does not change if the educator relocates to a new position
  • Digital access to the program for 3 years
  • Non-transferable to any other user at any time

Upcoming CORE PE PreK-5 revision will be included complementary to reflect upcoming 2024 SHAPE America standards updates.

(Current now and will be current with upcoming 2024 national standards revision.)

UPDATES

  • The CORE PE Curriculum System is based on the National Standards and Outcomes, provided by SHAPE America.
  • When SHAPE America updates the national PE standards, CORE PE will update as soon as possible.
  • Purchasers/”License for Use” holders will receive a complimentary update if the SHAPE America national standards update falls within the 3-year period of their license. Updated materials will be provided for the remaining time of your 3-year license.
  • It is CORE PE, LLC’s discretion to determine the appropriate update of educational materials and tools. 
  • CORE PE Members will be notified when the CORE PE program has been updated to the new national PE standards.

Program Information 

What to Expect at Time of Purchase

  • CORE PE is a web-based platform that’s accessible anywhere, with any device. 
  • At the time of purchase, teachers will receive a welcome email with credentials to log into the member’s site.
  • Customer support is provided through email as well as a question forum. 
    • Questions forum at the bottom of each short training: we directly receive the question, will respond via email & may confirm the post so the Q & A can help others 
    • Additional tools: tips for efficiency in assessment & computerized grading and using CORE PE for online learning 

How CORE PE is Hosted

  • Teachers are required to log into the secure member’s site and may save their login, if they choose. 
  • There is no connecting or pairing of technology and no student information exchanged at any point. 
  • The step 1 & 2 grids, as well as the digitally-fillable templates are fully downloadable & printable. 
    • Step 1: Yearly/Quarterly Planning Guide & Fillable Templates: Year/Quarters & Year/Trimesters 
    • Step 2: Skill Breakdown & Assessment Sheets: Covering every standard by skill theme, in a single at-a-glance page, including: the outcome, 3-part breakdown of the outcome for introduction of skills, teaching, giving purposeful feedback, meeting all developmental levels within the skill theme, and basing the choice of games & activities from. The dual-purpose sheets include a clear and efficient assessment system, based directly on the skill breakdown taught to students. 
      • This is the done-for-you work of CORE PE, providing over 300+ Skill Breakdowns & Assessment – for every grade level, K-5, for every standard. 
  • Teachers have the flexibility to teach & assess according to their preference:
    • Access the program in class from their tablet: digitally pull up the Skill Breakdown & Assessment Sheets for all aspects of teaching, skill development, and maintain the learning focus during games & activities. Teachers may choose to project the skill breakdowns for their class. 
    • Print the tools to use on their clipboard. Place the printouts in page projectors & keep in a 3-ring binder.
  • CORE PE is specifically intended to simplify, not to add complexity. The CORE PE system facilitates teachers to most effectively use your school’s computerized grading system according to their preference: 
    • Record assessment scores on printed class lists/clipboard OR record assessment electronically on their tablet/computer, directly into your school’s learning management system. 

Information Exchanged

The CORE PE website receives: 

  • Name & billing address of the purchaser 
  • Any promotional codes used 
  • Each teacher’s name, email, city, state, & school 
  • Most recent login of each CORE PE member 
    • Only necessary functional cookies are used to track whether a user is logged in, or not 
    • No other cookies are used: no further tracking or advertising 

The CORE PE website MAY receive information: 

  • If a teacher posts a question at the bottom of any training, the question & our answer may be accepted to be publicly posted ○ CORE PE will honor requests to not have their question posted on the member’s site 
  • Teachers have the opportunity to fill out their profile which may include their name, photo, and “about” section CORE PE Curriculum does not share user information of any kind with any outside party. 

CORE PE Curriculum does not share user information of any kind with any outside party.

CORE PE is a web-based program, with tools, instruction, and videos stored on our hosting platform. Teachers and the district do not download or install any program on their device. Teachers may choose to download the tools as outlined above.

Renewing Your 3-Year Licenses

If your district chooses not to renew at the end of 3 years, teachers would lose access to: 

  • Member’s site / digital accessibility of the member’s platform 
    • Comprehensive navigation & user experience – encouraging greater use of the tools themselves 
  • All written & video instruction, guidance, and tactical supporting steps for: 
    • Planning their year / quarter / trimesters at the beginning of each year & revisiting, as needed 
    • Implementing the Skill Breakdown & Assessment Sheets 
      • Depth of understanding and application of the tools increases when revisiting the training videos each year
      • Streamlined, clerical step of copying & pasting the outcomes from the Skills Index (Step 3) into your school’s learning management system 
  • Additional features that co-creators, Dr. Sue Barnd & Sonja Riddle add to the platform 

CORE PE strives to deliver the foundational elements of teaching physical education: planning, teaching, and assessment in a first-of-its-kind framework, allowing your teachers to have flexibility and autonomy with provided educational alignment. We’ve created the membership platform to be as efficient, effective, and impactful as the CORE PE Curriculum System is itself and will work to build the most impactful platform possible. Thank you for considering the impact that continued access to the CORE PE member’s site will have on your teachers, students, and physical education program. 

Digital Product Terms & Conditions

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and CORE PE, LLC (“Company”, “we”, or “us”).

Product 

The Company agrees to provide you with access to the digital product entitled, “K-5 CORE PE Curriculum System” (“Product”). As a condition of purchasing and using the Product, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer 

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Product. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern. 

Nature of The Relationship 

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Product, which provides education and information. The information contained in the Product, including any interactions with representatives of the Company, is not intended as, and shall not be understood or construed as, professional advice. 

Fees 

In consideration of Your access to the Product, you agree to pay the following fees: 

You agree to make a single payment of $600 – Individual School License or $850 – (One Time) Transferable School License, which shall be due and payable before you will be granted access to the Product. 

Personal License: You may choose between a single payment of $600 (due immediately) or payment plan provided through PayPal at checkout. If you opt for payments through PayPal, you will remain responsible for those payments unless you obtain a refund according to the Product’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Product. 

From time to time, the Product may go on sale or be purchased with a promotional code. These terms apply to all future sale prices.

Payment Plan Authorization 

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above. 

No Refunds

All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. 

The Product 

The Company will provide you with Internet-accessible digital product for primary level (K-5) physical education curriculum comprised of tactical tools with written and video instructional training, teaching methods and program orientation steps, namely, yearly planning grids, grade-level skill breakdown and assessment rubrics, skill lists for grading, sample report cards, and templates for program personalization. 

Bonuses – From time to time, the Company will offer bonuses to individuals who purchase the Product. You shall be entitled to any bonuses offered to you at the time of purchase. 

Ownership Of All Intellectual Property 

All content included as part of the Product, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Product, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. 

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Product are the trademarks of their respective owners. 

Your purchase of the Product does not result in a transfer of any intellectual property to You, and, as a condition of purchase and use of the Product, You agree to observe and abide by all copyright and other intellectual property protection. 

Individual School License & Personal License: You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Product. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Product. 

Transferable School License: You are granted a single-use, non-exclusive, ONE-TIME transferable, revocable license to access and use the Product. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Product. 

The Company content is not for resale. Your purchase of the Product does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual

use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein. 

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Product will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees. 

Confidentiality 

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Product, you hereby agree to respect the Company’s confidential information. Specifically, the content of the Product contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Product with anyone other than the Company, its owners and employees, and other Product participants. 

Personal Responsibility 

You accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Product or not. The Company provides educational and informational resources that are intended to help users of the Product succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. 

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – using the Product are no guarantee that you or any other person or entity will be able to obtain similar results. 

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Product. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Product. 

No Warranties 

The Company makes no warranties regarding the performance or operation of the Product. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, products, books, or services included in or through

the Product. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. 

Limitation of Liability 

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Product and/or any information and resources contained in the Product. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Product. 

The information, software, products, and service included or available through the Product may include inaccuracies or typographical errors. Changes are periodically added to the information in the Product. The Company and/or its suppliers may make improvements and/or changes in the Product at any time. 

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Product for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. 

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Product, with the delay or inability to use the Product or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Product, or otherwise arising out of the use of the Product, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Product or any portion of it, your sole and exclusive remedy is to discontinue using the Product. 

Arbitration 

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Product. 

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Duluth, MN. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any

individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration. 

Indemnification 

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Product and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. 

Termination And Access Restriction 

The Company reserves the right, in its sole discretion, to terminate your access to the Product and the related services or any portion thereof at any time, if You become disruptive to the Company, if You fail to follow the Product guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination. 

Entire Agreement 

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Product, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Product. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Severability 

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver 

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 

Force Majeure 

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 

Effective Date 

This Agreement shall begin and is enforceable with respect to each Product participant upon the date that the participant purchases the Product. Plainly said, this agreement begins at the time of purchasing a License for Use of the CORE PE Curriculum System, whether purchased by an individual teacher, or a school district.