These Partner Terms and Conditions, Version 1.0, govern the purchase and use of 13th Year™ digital, educational, promotional, student engagement, and student-authorized lead generation services by colleges, universities, trade organizations, apprenticeship programs, military branches, employers, scholarship providers, agencies, and other approved College and Career Partners.

 

These Partner Terms and Conditions are incorporated into any proposal, order form, statement of work, invoice, insertion order, purchase order, or written agreement between 13th Year, LLC, and the partner organization purchasing or receiving services.

 

For purposes of these Partner Terms and Conditions, “13th Year™,” “13th Year,” “Company,” “we,” “us,” and “our” mean 13th Year, LLC. “Partner,” “Customer,” “you,” and “your” mean the organization purchasing or receiving services from 13th Year™.

 

1. Services

13th Year™ provides a Student Pathway System™ designed to help students discover college, career, trade, apprenticeship, military, workforce, scholarship, and post-graduation opportunities through school-approved digital kiosks, websites, forms, QR codes, videos, digital content, engagement tools, and related services.

Services may include, depending on the applicable proposal, order form, invoice, or agreement:

1. Digital content placement on 13th Year™ kiosks located in participating high schools.

2. Display of Partner-approved educational or promotional content.

3. Student engagement opportunities through touchscreens, QR codes, forms, links, or related digital tools.

4. Student-authorized lead generation and inquiry routing.

5. Basic reporting regarding engagement, interest, submissions, or other available platform activity.

6. Content updates or refreshes, if included in the applicable proposal or agreement.

7. Related support, setup, activation, coordination, or administrative services.

 

13th Year™ may modify the technical format, display method, software, hardware, or delivery method of the services as needed to improve reliability, security, compliance, or operational performance, provided that such changes do not materially reduce the core service purchased by Partner.

​

2. Relationship to Proposal, Order Form, or Invoice

The specific business terms of each Partner relationship will be set forth in the applicable proposal, order form, invoice, statement of work, insertion order, or written agreement. Those business terms may include the number of schools, kiosk placements, content slots, pricing, term length, start date, renewal terms, special commitments, reporting expectations, and other agreed details.

​

If there is a conflict between these Partner Terms and Conditions and a signed proposal or order form, the signed proposal or order form will control the specific business terms, including pricing, term, school targets, and purchased services. These Partner Terms and Conditions will control the legal, operational, privacy, content, limitation of liability, and general terms unless expressly modified in a signed writing by 13th Year™.

​

3. Acceptance of Terms

Partner accepts and agrees to these Partner Terms and Conditions by any of the following:

1. Signing a proposal, order form, statement of work, insertion order, or agreement that references these terms.

2. Approving or paying an invoice that references these terms.

3. Issuing a purchase order for 13th Year™ services after receiving notice of these terms.

4. Providing content for placement on the 13th Year™ platform.

5. Accepting, using, or benefiting from 13th Year™ services.

 

If Partner does not agree to these Partner Terms and Conditions, Partner must notify 13th Year™ in writing before signing, paying, submitting content, or accepting services.

​

4. Payment Terms

Partner agrees to pay all fees stated in the applicable proposal, order form, invoice, or agreement.

Unless otherwise stated in writing:

1. Fees are due according to the payment schedule in the invoice or proposal.

2. Fees are non-cancellable and non-refundable once 13th Year™ has begun school outreach, content preparation, kiosk activation, programming, ordering, installation coordination, or other deployment work.

3. Setup, activation, content, programming, shipping, deployment, school acquisition, and installation-related fees are earned when the related work begins or when the applicable milestone is reached.

4. Partner may not withhold payment because of school-controlled delays, content delays caused by Partner, internet or power issues outside 13th Year’s control, seasonal school closures, or student engagement results.

5. Late payments may result in suspension of services, delayed content placement, removal of content, or collection activity.

 

Partner is responsible for any sales, use, excise, value-added, or similar taxes, unless Partner provides a valid tax exemption certificate.

​

5. School Placement and Availability

13th Year™ works with participating high schools to place kiosks in school-approved locations. However, high schools retain control over school facilities, calendars, hours, physical placement, power, internet access, school policies, student traffic, access restrictions, and continued approval.

​

Unless expressly guaranteed in a signed agreement, 13th Year™ does not guarantee that any specific high school will approve a kiosk, keep a kiosk in a particular location, provide uninterrupted power or internet, maintain a specific level of student traffic, or continue participation for the full term.

​

If a participating school becomes unavailable, removes a kiosk, materially restricts access, or experiences conditions that prevent meaningful service delivery, 13th Year™ may, in its reasonable discretion, attempt to resolve the issue, relocate the service to another participating school, extend the service period, provide substitute exposure, or offer another commercially reasonable solution.

​

13th Year™ is not responsible for school closures, emergency events, schedule changes, summer break, holidays, testing periods, construction, weather events, power interruptions, internet failures, school-directed removal, relocation, unplugging, or reduced visibility caused by a school or third party.

​

6. Installation and Operational Status

A kiosk or placement is considered “installed,” “activated,” or “operational” when 13th Year™ has made the kiosk or content placement reasonably available for display or student engagement, whether through a physical kiosk, digital platform, school-approved placement, or other agreed delivery method.

​

Operational status does not require uninterrupted service, a specific number of student engagements, a specific location within the school, or continuous internet connectivity if the interruption or limitation is caused by the school, Partner, utility provider, internet provider, third-party vendor, force majeure event, or circumstances outside 13th Year’s reasonable control.

 

7. Partner Content

Partner is solely responsible for all content it provides, approves, submits, or asks 13th Year™ to display, including text, logos, videos, images, music, trademarks, links, QR codes, claims, testimonials, statistics, tuition information, scholarship information, employment outcomes, wage information, accreditation statements, admissions statements, financial aid statements, and any other promotional or educational material.

​

Partner represents and warrants that:

1. It owns or has all necessary rights, permissions, licenses, and approvals to use and display the content.

2. The content is accurate, current, lawful, non-misleading, and appropriate for a high school audience.

3. The content does not infringe the rights of any third party.

4. The content complies with all applicable laws, regulations, accreditation rules, advertising standards, institutional policies, and industry requirements.

5. The content does not contain unlawful, discriminatory, deceptive, harmful, obscene, defamatory, or inappropriate material.

13th Year™ may reject, remove, pause, edit for formatting, or request revisions to any content that 13th Year™ believes, in its discretion, may be inaccurate, inappropriate, noncompliant, unsuitable for schools, inconsistent with school expectations, or inconsistent with 13th Year’s student-first mission.

​

8. License to Use Partner Content

Partner grants 13th Year™ a non-exclusive, royalty-free, worldwide license during the term of the applicable services to host, reproduce, display, crop, resize, format, edit for technical requirements, transmit, publish, and distribute Partner content for purposes of providing the services.

​

This license includes the right to display Partner content on kiosks, websites, forms, QR code destinations, digital interfaces, reports, previews, and related platform environments.

​

Partner also grants 13th Year™ the right to use Partner’s name and logo in customer lists, reports, school-facing materials, and reasonable promotional references unless Partner notifies 13th Year™ in writing that such use is not permitted.

​

9. Student Data and Student-Authorized Leads

13th Year™ is designed to support student-authorized engagement. When a student voluntarily submits information, requests more information, scans a QR code, applies for a scholarship, expresses interest, or otherwise engages through the 13th Year™ platform, 13th Year™ may collect information such as name, email, phone number, school, grade level, interests, intended pathways, program interests, GPA, and other information disclosed at the point of collection.

​

13th Year™ may share student information with Partner only when the student has provided appropriate authorization, consent, or opt-in permission, or when otherwise permitted by applicable law and 13th Year’s privacy practices.

13th Year™ does not sell student personal information.

​

13th Year™ does not require access to a school’s student information system, school records, grades, transcripts, discipline records, or other protected education records to provide Partner services.

​

Once a student-authorized lead is transferred to Partner, Partner is responsible for its own use, storage, follow-up, communications, CRM activity, opt-out compliance, texting compliance, email compliance, privacy compliance, and institutional policies. Partner must promptly honor any student request to revoke, withdraw, modify, limit, or opt out of any consent or communication preference, including any request to stop receiving calls, text messages, emails, direct mail, or other communications. Upon receipt of such request, or upon notice from 13th Year™ that a student has modified or revoked consent, Partner must immediately cease communications with that student through the affected channel, update its CRM and communication systems accordingly, and comply with all applicable opt-out, suppression, privacy, and communication laws. Partner remains solely responsible for ensuring that its employees, agents, vendors, CRM systems, texting platforms, email platforms, admissions teams, and other communication tools honor the student’s current consent and opt-out status.

​

10. Partner Communications with Students

Partner is solely responsible for all communications it sends to students, parents, guardians, schools, or other contacts after receiving a lead or inquiry from 13th Year™.

​

This includes compliance with all applicable laws and requirements, including, where applicable, the FERPA, Telephone Consumer Protection Act, 10DLC registration requirements, CAN-SPAM, email opt-out rules, texting consent rules, message frequency requirements, opt-out language, carrier requirements, privacy laws, and institutional communication policies.

​

13th Year™ does not send text messages on behalf of Partner unless expressly agreed in writing. If Partner sends text messages, emails, calls, direct mail, or other communications, Partner is solely responsible for ensuring that those communications are lawful and compliant.

​

11. Privacy Policy

13th Year’s collection and use of personal information is governed by the applicable 13th Year™ Privacy Policy, available on the 13th Year™ website. The current website states that 13th Year™ may share information with scholarship, college, and career partners only with consent and states that 13th Year™ will never sell personal information.

​

Partner agrees that it will use student information only for the purpose for which it was provided, only in accordance with applicable law, and only in a manner consistent with the student’s request or consent.

​

Partner may not sell, rent, disclose, transfer, or use student information for unrelated purposes without proper legal authority and consent.

​

12. Data Security

Each party will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect personal information from unauthorized access, disclosure, alteration, loss, or misuse.

​

Partner must protect any student information received from 13th Year™ and limit access to personnel who need the information for legitimate recruitment, enrollment, scholarship, workforce, or student opportunity purposes.

Partner must promptly notify 13th Year™ if Partner becomes aware of any actual or suspected unauthorized access, disclosure, loss, misuse, or compromise of student information received from 13th Year™.

​

13. Security Incident Notification

If either party discovers a confirmed or reasonably suspected security incident involving shared systems, credentials, integrations, APIs, authentication tokens, or personal information exchanged under the applicable agreement, that party will notify the other party without unreasonable delay and, where feasible, within seventy-two hours after discovery.

​

The notice should include, to the extent known:

1. A description of the incident.

2. The type of information involved.

3. The systems or data reasonably believed to be affected.

4. Steps taken or planned to investigate, contain, and remediate the incident.

5. A point of contact for ongoing communication.

Each party will reasonably cooperate with the other in investigating and responding to a security incident.

​

14. No Guarantee of Results

13th Year™ provides visibility, educational promotion, student engagement, student-authorized lead generation, and related services. 13th Year™ does not guarantee any specific number of impressions, views, taps, scans, inquiries, leads, applicants, deposits, enrollments, hires, apprentices, scholarship applications, matriculated students, revenue, or other outcomes.

​

Partner acknowledges that student engagement and results may vary based on school location, student demographics, content quality, seasonality, school calendar, counselor support, Partner follow-up, program fit, pricing, institutional reputation, market competition, and other factors outside 13th Year’s control.

​

Any estimates, examples, case studies, projections, CAC discussions, enrollment assumptions, or expected results are illustrative only and are not guarantees.

​

15. Reporting and Analytics

13th Year™ may provide reports or engagement insights when available. Reports may include available information regarding views, taps, scans, submissions, inquiries, student interests, grade levels, schools, or other platform activity.

Reporting capabilities may evolve over time. 13th Year™ does not guarantee that every interaction will be captured, that every report will be error-free, or that all data will be available in real time.

​

Any reports are provided for informational and planning purposes and should not be treated as audited data.

​

16. Term and Renewal

The term of services will be stated in the applicable proposal, order form, invoice, or agreement.

Unless otherwise stated, a 12-month placement term begins when the applicable kiosk placement or content placement is activated and reasonably available for display.

​

Renewals are not automatic unless expressly stated in the applicable agreement. Renewal pricing, placement availability, number of schools, and service scope are subject to written confirmation by 13th Year™.

​

If a renewal is offered at a fixed rate, that fixed rate applies only to the same number of participating schools and same general service scope unless otherwise agreed in writing.

​

17. Cancellation and Refunds

Because 13th Year™ may begin work immediately after acceptance, including school outreach, LOU coordination, kiosk planning, content preparation, programming, installation coordination, shipping, and operational setup, fees are generally non-refundable once work begins.

​

Partner may not cancel committed services except as expressly allowed in a signed agreement.

​

If Partner delays providing content, approvals, logos, videos, links, or other materials, 13th Year™ may continue the term, invoice according to the agreed schedule, or delay activation without liability. 

​

Because 13th Year™ may incur immediate costs after acceptance, including school outreach, LOU coordination, kiosk planning, content preparation, programming, installation coordination, shipping, and operational setup, Partner agrees to pay any required initial deposit, activation payment, or partial payment stated in the applicable proposal, order form, or invoice upon signing, or within thirty days of signing if no earlier due date is stated. Unless otherwise stated in writing, such initial payment is earned upon commencement of work and is non-refundable once 13th Year™ begins performance.

​

18. Force Majeure

13th Year™ will not be liable for delay or failure to perform caused by events beyond its reasonable control, including school closures, weather, fire, flood, epidemic, pandemic, labor disruption, supply chain delays, shipping delays, equipment shortages, internet outages, power failures, cyberattacks, government actions, acts of God, war, terrorism, civil unrest, or actions by schools, vendors, carriers, or third-party service providers.

​

19. Partner Responsibilities

Partner agrees to:

1. Provide accurate and timely content, logos, videos, links, contact information, and approvals.

2. Ensure that its content is appropriate for high school students.

3. Respond promptly to reasonable 13th Year™ requests.

4. Use student leads only for authorized purposes.

5. Maintain appropriate privacy and security safeguards.

6. Honor student opt-out requests.

7. Comply with applicable laws, including FERPA and institutional policies.

8. Avoid any communication that misrepresents 13th Year™, a school, or the student’s consent.

​

20. 13th Year™ Intellectual Property

All 13th Year™ technology, software, platform design, kiosk configurations, forms, workflows, processes, trademarks, trade names, reports, templates, content frameworks, methods, analytics formats, and related intellectual property remain the property of 13th Year™ or its licensors.

​

Partner receives only the limited right to use the services during the applicable term. Partner may not copy, reverse engineer, reproduce, resell, sublicense, scrape, modify, or create derivative works from the 13th Year™ platform, kiosks, systems, reports, software, or service materials without written permission.

​

21. Confidentiality

Each party may receive confidential or non-public information from the other party. Confidential information may include pricing, business plans, student engagement data, reports, technical information, school relationships, partner lists, financial terms, and operational processes.

​

Each party agrees to use confidential information only for purposes of the relationship and to protect it using reasonable care.

​

Confidential information does not include information that is publicly available, already known without restriction, independently developed, or rightfully received from a third party without confidentiality obligations.

​

22. Indemnification

Partner agrees to defend, indemnify, and hold harmless 13th Year™, its owners, officers, employees, contractors, agents, affiliates, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney fees, arising out of or related to:

1. Partner-provided or Partner-approved content.

2. Partner’s marketing, admissions, employment, scholarship, or recruitment claims.

3. Partner’s communications with students, parents, guardians, or schools.

4. Partner’s misuse of student information.

5. Partner’s violation of applicable law.

6. Partner’s violation of these Partner Terms and Conditions.

7. Partner’s infringement or alleged infringement of third-party rights.

​

13th Year™ agrees to be responsible for claims arising directly from its gross negligence, willful misconduct, or material breach of its obligations under these Partner Terms and Conditions, subject to the limitation of liability below.

​

23. Limitation of Liability

To the maximum extent permitted by law, 13th Year™ will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or lost-profit damages, including loss of enrollment, loss of revenue, loss of goodwill, loss of data, or loss of business opportunity.

​

To the maximum extent permitted by law, 13th Year’s total aggregate liability arising out of or related to the services, any proposal, any invoice, any agreement, or these Partner Terms and Conditions will not exceed the amount actually paid by Partner to 13th Year™ for the specific services giving rise to the claim during the six months immediately preceding the event giving rise to liability.

​

This limitation applies regardless of the legal theory, including contract, tort, negligence, strict liability, statutory claim, or otherwise.

​

24. Disclaimer of Warranties

The services are provided on a commercially reasonable basis. Except as expressly stated in a signed agreement, 13th Year™ disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free performance, or specific results.

​

13th Year™ does not warrant that kiosks, websites, forms, reporting tools, or digital systems will be uninterrupted, error-free, or available at all times.

​

25. Independent Contractor Relationship

The parties are independent contractors. Nothing in these Partner Terms and Conditions creates a partnership, joint venture, agency, employment relationship, franchise, fiduciary relationship, or exclusive relationship between the parties unless expressly stated in a signed written agreement.

​

Partner may not represent that it speaks for, binds, or acts on behalf of 13th Year™ without written permission.

13th Year™ may not represent that it speaks for, binds, or acts on behalf of Partner without written permission.

​

26. Non-Exclusivity

Unless expressly stated in a signed written agreement, Partner’s purchase of services is non-exclusive. 13th Year™ may provide services to other colleges, universities, trade organizations, apprenticeship programs, military branches, employers, scholarship providers, or other partners.

​

Any category exclusivity, territorial exclusivity, school exclusivity, kiosk exclusivity, or content slot exclusivity must be expressly stated in a signed written agreement.

​

27. Use of Schools’ Names and Logos

Partner may not state or imply that a participating high school endorses Partner, recommends Partner, or approves Partner’s products, services, admissions, employment, scholarship, or recruitment claims unless the school has provided written permission.

​

13th Year™ placement in a school-approved environment does not mean the school endorses Partner.

​

28. Compliance with Law

Each party agrees to comply with applicable federal, state, and local laws and regulations related to its performance under the agreement, including privacy, advertising, consumer protection, student data, intellectual property, employment, admissions, telecommunications, email, texting, accessibility, and anti-discrimination laws.

​

29. Accessibility

13th Year™ strives to provide accessible digital and physical experiences. The current website states that 13th Year™ seeks to follow WCAG 2.1 Level AA as the standard for accessible design across websites and digital kiosks.

Partner is responsible for ensuring that Partner-provided content, including videos, images, text, QR code destinations, and linked pages, meets Partner’s own accessibility obligations and is appropriate for student-facing display.

​

30. Assignment

Partner may not assign, transfer, delegate, or sublicense its rights or obligations without 13th Year’s prior written consent. Any attempted assignment without consent is void.

​

13th Year™ may assign these Partner Terms and Conditions or any related agreement in connection with a merger, acquisition, reorganization, financing, sale of assets, change of control, or transfer of the services.

​

31. Notices

Notices must be sent to the contact information listed in the applicable proposal, order form, invoice, or agreement.

Notices to 13th Year™ may be sent to:

13th Year, LLC
5105 Oakview Lane North, Suite #100
Plymouth, MN 55442
Email: Contact@13thYearPlan.com

Either party may update its notice contact by written notice.

​

32. Governing Law and Venue

These Partner Terms and Conditions and any related agreement will be governed by the laws of the State of Minnesota, without regard to conflict of law principles.

​

Any legal action or proceeding arising out of or related to these Partner Terms and Conditions or the services will be brought exclusively in the state or federal courts located in Hennepin County, Minnesota, and the parties consent to personal jurisdiction and venue in those courts.

​

33. Order of Precedence

If there is a conflict among documents, the following order will apply unless expressly stated otherwise in a signed agreement:

1. Signed master services agreement, if any.

2. Signed proposal, order form, statement of work, or insertion order.

3. These Partner Terms and Conditions.

4. Invoice.

5. Purchase order.

Any terms in a Partner purchase order, vendor portal, procurement form, click-through system, or similar document are rejected and will not apply unless expressly accepted in a signed writing by 13th Year™.

​

34. Updates to Terms

13th Year™ may update these Partner Terms and Conditions from time to time. The version that applies to a specific purchase will be the version referenced in the signed proposal, order form, invoice, or agreement, unless the parties agree otherwise in writing.

​

13th Year™ may post updated terms on its website. Continued use of renewed services after notice of updated terms may be conditioned on acceptance of the updated terms.

​

35. Entire Agreement

These Partner Terms and Conditions, together with the applicable signed proposal, order form, invoice, statement of work, or agreement, constitute the entire agreement between Partner and 13th Year™ regarding the services and supersede prior or contemporaneous discussions, proposals, emails, understandings, or communications regarding the same subject matter.

​

36. Severability

If any provision of these Partner Terms and Conditions is held invalid or unenforceable, the remaining provisions will remain in effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

​

37. Waiver

Failure by either party to enforce any provision will not be considered a waiver of that provision or any other provision.

​

38. Electronic Signatures and Counterparts

Any proposal, order form, statement of work, invoice approval, or agreement may be signed electronically and in counterparts. Electronic signatures, scanned signatures, checkbox acceptance, online approval, purchase order approval, or payment after notice of these terms may be treated as acceptance to the fullest extent permitted by law.