Terms & Conditions

WHO WE ARE

13th Year is a mission-driven company that bridges high schools, their students, and College & Career Partners through digital kiosks and online services. We help students discover direction and purpose in their “13th Year” and beyond by providing safe, engaging, and measurable exposure to educational, career, and scholarship opportunities.

1. Services

13th Year provides educational campaign placement and related services through its network of digital kiosks located in participating schools (“Services”). Campaign details—including duration, pricing, placement quantity, and other specifications—are defined in the applicable Order.

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13th Year retains sole discretion over kiosk scheduling, placement order, and rotation, subject to availability and school policies.

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2. Term

Services commence upon activation and continue for the term specified in the Order unless earlier terminated in accordance with these Terms. Renewal terms, if any, are governed by the applicable Order.

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3. Content Responsibilities

The customer (“Partner”) shall provide all campaign content (“Content”) in the required format and timeframe specified by 13th Year. Partner represents and warrants that:

• It owns or has all rights necessary to use the Content;

• The Content complies with all applicable laws, regulations, and school policies; and

• The Content is appropriate for a school environment and not false, misleading, defamatory, or otherwise objectionable.

Partner agrees to promptly revise Content upon reasonable request to ensure compliance with school or platform requirements.

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4. Content Review and Removal

All Content is subject to review and approval by 13th Year and participating schools. 13th Year, at its sole discretion, may reject, suspend, or remove Content at any time if it:

• Violates law or school policy;

• Is deemed inappropriate for students;

• Contains political, divisive, or controversial content; or

• Poses reputational, legal, or operational risk.

Rejected Content may be revised and resubmitted for approval.

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5. Fees and Payment

Fees are as stated in the applicable Order. Unless otherwise specified, payment is due prior to campaign activation.

13th Year may suspend or terminate Services for non-payment without liability. All fees paid are non-refundable except as expressly stated herein.

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6. Intellectual Property

Partner retains ownership of its Content. Partner grants 13th Year a limited, non-exclusive, royalty-free license to display and use the Content solely to perform the Services.

13th Year retains all rights to its kiosks, software, data systems, trademarks, and technology.

Partner grants 13th Year a limited license to use Partner’s name and logo to identify Partner as a participant, unless revoked in writing.

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7. Reporting and Metrics

13th Year may provide reporting metrics related to campaign visibility, display confirmation, and student interactions, subject to school policies and applicable privacy laws.

Metrics are informational only. 13th Year does not guarantee inquiries, applications, enrollments, or outcomes of any kind.

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8. Confidentiality

Each party shall protect the other’s non-public, confidential information and use it only to perform under these Terms.

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9. Warranties and Disclaimers

Each party warrants it has authority to enter into these Terms.

EXCEPT AS EXPRESSLY STATED, SERVICES ARE PROVIDED “AS IS.”
13TH YEAR DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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10. Limitation of Liability

To the maximum extent permitted by law:

• Neither party is liable for indirect, incidental, consequential, or punitive damages.

• 13th Year’s total liability shall not exceed the fees paid by Partner for the applicable Services.

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11. Indemnification

Partner shall indemnify and hold harmless 13th Year and its officers, employees, and agents from claims arising from:

• Partner’s Content;

• Partner’s breach of these Terms; or

• Partner’s negligence or misconduct.

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12. Termination

By Partner (Convenience): Partner may terminate Services with at least sixty (60) days’ written notice. Prepaid fees are non-refundable.

By 13th Year (For Cause): 13th Year may terminate for material breach, insolvency, or failure to cure within fifteen (15) days of notice.

Upon termination, Content will be removed from kiosks.

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13. Operational Adjustments

If a kiosk location becomes unavailable, 13th Year may substitute a comparable location or provide a prorated credit or extension, at its discretion.

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14. Force Majeure

Neither party is liable for failure to perform due to events beyond reasonable control.

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15. Independent Contractors

The parties are independent contractors. No partnership, agency, or joint venture is created.

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16. Assignment

Neither party may assign without written consent, except to a successor in interest.

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17. Governing Law

These Terms are governed by the laws of the State of Minnesota. Venue lies exclusively in Hennepin County, Minnesota.