Terms and Conditions

Last updated January 6, 2021

Please read these Terms and Conditions carefully. Together with the HKPropel Privacy Policy and the HKPropel Copyright Notice, these Terms and Conditions govern your continued use of the HKPropel site, which is operated by Human Kinetics, Inc. (hereafter “HK”). You agree to be legally bound by the Terms and Conditions set forth below. If you do not agree with any aspect of these Terms and Conditions or any aspect of the Privacy Policy, you may not use HKPropel.

Intellectual Property

All content contained within HKPropel is protected by copyright. See the HKPropel Copyright Notice. The section of these Terms and Conditions titled “Allowable Instructor Reuse” details the rights granted to instructors who have adopted an HK textbook or other learning product. The section titled “Prohibited Instructor Reuse” clarifies scenarios that require permission from HK. To request permission to legally reuse any of the content delivered in HKPropel that is not covered by the “Allowable Instructor Reuse” section, contact HK at permissions@hkusa.com.

If you are a copyright owner or an agent thereof and believe that a user on this site has infringed upon your copyright pursuant to the Digital Millennium Copyright Act of 1998, contact HK at permissions@hkusa.com.

HK reserves the right to include a digital watermark that is linked to your HKPropel account to identify the source of any materials that are used in ways not permitted by these Terms and Conditions. Such measures help HK protect the intellectual property of our authors, prevent online piracy and other unauthorized use, and enforce these Terms and Conditions.

Privacy

Your rights as a user of HKPropel are also protected. See the HKPropel Privacy Policy for information about how data or information you provide through HKPropel is used by HK, its hosting partner, and its other agents.

Registration

The HKPropel site requires all users to register and create an account. You are required to provide accurate and complete information when creating your account, and you are solely responsible for any activity that occurs on your account. If at any time you fear there has been a breach of your account, you are responsible for contacting HK. HK is not responsible for such breaches.

You shall at no time use any area of this site, including message boards, groups, messaging, or profiles, for commercial purposes. Any users found to be using this site for commercial purposes will immediately have their accounts removed.

See the HKPropel Privacy Policy for additional information about users under age 18.

If you are found to have uploaded viruses, Trojan horses, or malicious code to your profile or other sections of this site, HK retains the right to immediately remove your account and, when warranted, seek restitution to the fullest extent of the law.

Services Offered in HKPropel

The HKPropel site delivers a variety of student- and instructor-facing content to accompany HK textbooks and to help promote teaching and learning. It also delivers video content to supplement other HK print products, and in some cases ebooks, simulations, interactive activities, file downloads, access to streaming audio and video files, and other content to help facilitate mastery of the content or to help instructors in teaching the content to their students.

HKPropel offers content for professionals, instructors, teachers, higher education students, K-12 students, and other non-student users. We take privacy seriously; see the HKPropel Privacy Policy for more detail about how we use the data that you directly and indirectly provide during your use of HKPropel’s products and services.

Some learning products delivered in HKPropel require a user to affiliate with an instructor’s specific class so that student progress can be tracked. Your use of a Class Enrollment Token constitutes your acceptance of this feature; you understand your instructor will be able to track your progress if you affiliate with a class. See the HKPropel Privacy Policy for additional information about how your account information and other data is used.

HK and its host partner reserve the right to update and improve the site in order to provide the best user experience possible. You acknowledge and agree that the services on this site may change at any time without prior notice to you. You also acknowledge and agree that HK can stop offering these services, permanently or temporarily, at any time at HK’s sole discretion without any prior notice. HK and its host partner reserve the right to perform routine maintenance on the site at any time and without prior notice, including planned outages that may disrupt users’ ability to access their product subscriptions, in whole or in part.

How Users Gain Access to HKPropel

Most higher education students and non-instructor users over the age of 18 are required to purchase access to HKPropel subscription products, either through purchase of an HK textbook or ebook, or through purchase of an Access Code.

K-12 students and some higher education students are granted access by their school or district, subject to a licensing agreement made between HK and the school or district.

Instructors and teachers generally receive free access upon adoption of the accompanying HK textbook or other learning product, whether in print or digital form. If you are an instructor or teacher considering the adoption of an HKPropel product, contact the HK Sales team for more information about registering for HKPropel. Visit https://us.humankinetics.com/pages/find-a-sales-representative to find a Sales Representative near you.

All products delivered in HKPropel require users to register for an account. The duration of access varies, and is detailed on a product-specific basis.

Allowable Instructor Reuse

Registration and access to HKPropel is free of charge if you are a college instructor or K-12 teacher and if you have received complimentary instructor access from an HK representative. You have permission to use the instructor ancillary content for as long as you have adopted, for student use, the accompanying HK textbook or other learning product, in print or digital form.

Instructor ancillary content may be delivered in HKPropel in a variety of formats. As an instructor, you have the following reuse rights, without further permission from HK, for as long as you are using the textbook or other learning product in your course. You agree to limit your use or distribution of any content to only students (or student assistants) who are enrolled in your course and who are using an authorized version of the accompanying HK textbook or other learning product:

  • You may download and print HK instructor guide files. You may edit and customize these files for your own use. For example, you may alter the sample syllabus, customize it for your class, and freely distribute it to students, in print or digital form, including uploading it to a secure, password-protected learning management system (LMS).
  • You may upload HK chapter quizzes, test banks, and test package files into a secure, password-protected LMS and use the questions provided therein as a basis, in whole or in part, for tests and quizzes that you administer to your students.
  • You may download and print HK PowerPoint slides. You may display the slides in a classroom setting. You may include the slides in handouts to students. You may make the slides available for student use in a secure, password-protected LMS. You may edit and customize the slides for use in your class; however, all permission credit lines for photos, illustrations, tables, or other images must be retained in any version of the slides that you use or distribute to your students.
  • You may download and print any images and tables that are included in an image bank. You may display the images and tables in a classroom setting. You may include the images and tables in student handouts or in presentations that you create for your class, as long as such use is accompanied by students’ use of the HK textbook. You may make the images available for student use in a secure, password-protected LMS. All permission credit lines must be retained in any version of the images that you use or distribute to your students.
  • The instructor videos and instructor audio files contained in HKPropel are licensed to you for private home use and for your use in traditional, face-to-face classroom instruction. You may not share video files within an LMS without requesting and receiving permission from HK. (See below.)
  • You are permitted to connect your LMS to any trackable student-facing learning objects delivered in HKPropel via the LTI Advantage standard, provided students have legally obtained an authorized version of the student content. Depending on the requirements and policies of your institution, you may be required to seek assistance from your technology team in setting up this LMS access. You or your technology team may contact HK at techsupport@hkusa.com for additional assistance with LTI setup.
  • HK is committed to providing content that is accessible to students of all abilities. Under the following conditions, instructors and students are permitted to share files available for download on HKPropel with disability service providers at their school, college, or university, and those providers are permitted to create alternative versions of the file as needed to accommodate students who have been diagnosed with a print-related disability.
    • Student must first have purchased an authorized copy of the textbook that is associated with the downloadable file.
    • Student must be currently enrolled in a course for which the textbook is required or recommended.
    • Disability service provider must securely archive or dispose of the original and alternative versions of the file once the student requiring accommodation completes the course or is no longer enrolled, whichever should occur first.

    HK reserves the right to withdraw from the above grant of rights if a file that is suitable for use by students with print-related disabilities is made commercially available on HKPropel and is identified as such in publisher data.

Prohibited Instructor Reuse

Except the approved uses stated above, reproduction or distribution of the instructor ancillaries is not allowed without written permission from HK. You agree that under no circumstances do you have the right to make the instructor ancillaries publicly available.

Reproduction or distribution of any student-facing components, such as ebooks, eTexts, web study guides, web resources, homework assignments, online videos, or any other components delivered in HKPropel that are intended for student use, is not allowed without students registering for an HKPropel account and legally obtaining an appropriate Access Code. For public performance video licensing, or to embed or download the instructor videos and audio files for use in a learning management system, please contact us at permissions@hkusa.com.

Without the prior written permission of HK, you may not frame or establish inline links to any HKPropel content that requires registration to access, nor may you incorporate into another website or other product or service any intellectual property of HK or any of its authors or licensors, except as noted in the “Allowable Instructor Reuse” section above. Use of manual or automated devices or other processes to “crawl” or “spider” any part of this site is strictly prohibited. Please contact us at permissions@hkusa.com to request permission to frame, or to establish inline links to, or to otherwise incorporate the content delivered in HKPropel.

Third-Party Sites

HKPropel may include hyperlinks, including to other websites and content. HK has no control over other websites and content. HK is not responsible for the content or availability of such sites and content and does not endorse any content or information found on these sites. HK is not responsible for any loss or damage that may occur by your visiting these external sites and content.

Content Disclaimer

The content provided in HKPropel is provided in good faith as a service to the international physical activity community, and all reasonable care is taken to ensure the information is correct and up to date. Please remember that some of the information provided on this site may require technical knowledge or specialized training for use or implementation. In addition, no guarantee is made of the accuracy of the information provided on this website by HK or any of the persons and organizations contributing to any part of this site. HK and the authors and organizations contributing content to HKPropel disclaim all liability of any kind arising directly or indirectly from any use of the information conveyed on this site or any loss or damage incurred from such use. If you have questions about the accuracy or currency of any information provided in HKPropel, please contact us at HKPropelCustSer@hkusa.com and we will attempt to rectify any uncertainty. HK reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Liability Disclaimer

Access to HKPropel and to the content delivered therein, as well as the functionality and features it includes, are provided exclusively by HK on an “as is” basis, without any representation or warranty of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or the performance of the product, its appropriateness, accuracy, reliability, or correctness. The entire risk as to the use of this site is assumed by the user. HK does not assume liability for the use of this site beyond the original purchase price. In no event will HK be liable for additional direct or indirect damages including any lost profits, lost savings, lost data, or other incidental or consequential damages arising from any defect, or the use or inability to use this site, even if HK has been advised of the possibility of such damages.

User-Submitted Content

HK reserves the right (but is not obligated) to review, flag, refuse, or remove any or all content you post to HKPropel. You agree that you are responsible for any content that you upload or post to HKPropel and that the consequences of your actions are yours alone. You agree not to submit or create any link to material that infringes the copyright, patent, trademark, trade secret, right of publicity or privacy, or any other proprietary or personal right of any third party. You agree not to submit or create any link to material that is unlawful, defamatory, abusive, obscene, indecent, lewd, pornographic, violent, threatening, discriminatory, or otherwise objectionable. You agree not to make any personal attack on any person, firm, or company. You agree not to misrepresent your identity or impersonate any party. You agree not to submit any material you do not have the legal right to disclose. You agree not to submit any material that is intentionally false or misleading, or is potentially damaging or harmful. You agree not to stalk or harass anyone. You agree not to use this site to collect personal information about individuals. You agree not to allow usage by others in such a way as to violate these Terms and Conditions.

You acknowledge that by using HKPropel you may be exposed to content that you find offensive or objectionable and that, in this respect, you should use HKPropel at your own discretion. HK acknowledges and agrees that it has no right, title, or interest from you under these Terms and Conditions to any content you upload or post. You agree that you are solely responsible for protecting the rights surrounding your proprietary content and that HK has no obligation to intercede in rights protection on your behalf. You retain copyright and any other rights you already hold for your content which you submit, post, or display on HKPropel. HK is not responsible for any viruses, Trojan horses, or malicious code that may be transmitted through user-submitted content. Download content provided by other site users at your own risk.

Choice of Law and Forum

These Terms and Conditions will be interpreted in accordance with the laws of the State of Illinois, USA, without reference to conflicts of laws and without regard to its location of execution or performance. You agree that any and all disputed which may arise will be resolved before a court located in the State of Illinois, USA, to the exclusion of the courts of any other state or country.

Enforceability

Any provision of these Terms and Conditions which is held by any competent authority to be invalid, void, voidable, unenforceable, or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability, or unreasonableness be deemed severable and the other provisions of these Terms and Conditions and the remainder of such provision shall not be affected.

Failure by HK to enforce or partially enforce any provision of these Terms and Conditions will not be constrained as a waiver of any rights under these Terms and Conditions.

Refunds

Digital products delivered on HKPropel may be returned for a full refund within 7 days of purchase or access code redemption, whichever is later. In all instances, the user’s access to the digital product will be revoked upon refund.

Contact Us

If you need technical support, please call 1-800-747-4457 Monday through Friday (excluding holidays) between 8 a.m. and 5 p.m. (CST). Or, email us at techsupport@hkusa.com.

When you call or email, please provide the following information:

  • Your name, your HKPropel username, and the email address or phone number we should use to contact you regarding the problem you’re experiencing
  • The type of hardware/device, operating system, and browser you are using to access HKPropel
  • The exact wording of any error messages or the message numbers appearing on screen
  • A complete description of what happened and what you were doing when the error occurred or when the error message appeared
  • An explanation of how you tried to solve the problem

These Terms and Conditions May Change

HK reserves the right to update or modify these Terms and Conditions at any time without prior notice. Therefore, please review these Terms and Conditions whenever you use this site. Your use of HKPropel following any change to the Terms and Conditions constitutes your agreement to follow and be bound by the Terms and Conditions as changed.

Termination of Agreement

These HKPropel Terms and Conditions will apply until terminated by either you or HK as outlined below:

  • HK may at any time terminate this legal agreement with you if you have breached any provision of the Terms and Conditions, if HK is required to do so by law, or if HK suspends the delivery of services on this site.
  • You may stop using our services at any time. You have no requirement to notify HK of your decision. If you wish to have your account removed, please contact us at HKPropelCustSer@hkusa.com.