CALIFORNIA CHARTER SCHOOLS ASSOCIATION WEBSITE TERMS AND CONDITIONS OF USE
May 31, 2010: IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE.
1. General Disclaimer. CCSA offers this Website to provide many different types of users with information about the California charter school movement. This Website is designed to provide the public with information about what a charter school is, how to start a charter school, and how to support public charter schools in the community. The Website also provides parents with information to help them choose charters schools for their children. Further, the Website provides charter school authorizers with data about the academic performance of charter schools. Much of the information included on the Website is provided free of charge as a user convenience and is to be used for informational purposes only. Some information contained on the Website may represent opinion or judgment or contain inadvertent technical oversights, factual inaccuracies, or typographical errors. Nothing on this Website should be interpreted as an indictment or endorsement of a particular charter school. Before making decisions based on the information contained here, we strongly recommend that you visit or contact the school and ask the school's officials to review and comment on the data.
2. Binding Effect. BY USING THIS WEBSITE LOCATED AT http://www.calcharters.org , YOU AGREE TO THESE TERMS AND CONDITIONS OF USE AS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, PLEASE EXIT THIS WEBSITE.
California Charter Schools Association ("CCSA," "us," or "we") may modify this website ("Website") and the rules and regulations governing its use at any time and without notice, simply by posting a change, update or modification on this Website. Any such change, update or modification will be effective immediately upon posting on this Website. Your continued use of this Website after any such change, update or modification is made deems your acceptance of such change, update or modification.
YOU AGREE THAT, BY ACCESSING THIS WEBSITE AND/OR BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO AGREE TO THESE TERMS AND CONDITIONS.
3. Notice Concerning Children. This Website is a general audience website, and we do not direct any of our content specifically at children who are under thirteen (13) years of age. We understand and are committed to respecting the sensitive nature of children's privacy online. If we learn or have reason to suspect that a Website user is under age thirteen (13), we will promptly delete any personal information in that user's profile.
4. No Legal Advice. The information contained in this Website is made available for general informational purposes only, and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. Without limiting the foregoing, the information contained in this Website may not reflect the most current legal developments. Accordingly, the information found on this Website is not promised or guaranteed to be correct or complete, and it may not be accurate. Because the information is general in nature, it may not pertain to your specific circumstances, and you should not act or refrain from acting based on any of the information provided in this Website without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions. You agree that your (a) access to this Website, (b) receipt of the information contained on this Website or (c) your transmission of electronic mail to addresses found on this Website, does not create an attorney-client relationship between you and CCSA. CCSA expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this Website.
When you elect to open an account to use or access certain features of this Website, you must complete the account registration process by providing the complete and accurate information requested on the registration form. You may be asked to provide or be provided a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username or password of someone else at any time. You agree to notify CCSA immediately upon any unauthorized use of your account, user name or password. CCSA shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
6. CCSA's Proprietary Rights. You acknowledge and agree that this Website and the materials accessed through this Website are and shall remain the property of CCSA and/or its licensors, and are protected by copyright, trademark and/or other proprietary rights and laws. Except as expressly authorized in advance by CCSA, you agree not to copy, modify, reproduce, distribute, transmit, display, perform or create derivative works of this Website, any of the materials accessed through this Website, the design or layout of this Website, or individual sections of the design or layout of this Website, provided that, subject to your compliance with these Terms and Conditions of Use, CCSA grants to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access this Website and the materials available therein via the Internet solely for purposes of viewing such materials and (b) download or print out pages of this Website for your personal, non-commercial use.
Trade names, trademarks and service marks of CCSA or its affiliates include, without limitation, "California Charter Schools Association," "CCSA," "calcharters.org" and any associated logos. All trade names, trademarks and service marks on this Website that are not owned by CCSA or its affiliates are the property of their respective owners. The trade names, trademarks and service marks owned by CCSA or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not a product or service of CCSA or one of its affiliates, or in any other manner that is likely to cause confusion or dilution. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any right or license to use any trade names, trademarks or service marks of CCSA or its affiliates without prior express written permission of CCSA or its relevant affiliates.
8. Compliance with Intellectual Property Laws. When accessing this Website or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of this Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, "Content") in violation of any third-party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content that you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
9. Inappropriate Content. You agree not to upload, download, display, perform, transmit or otherwise distribute or make available any Content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or that is a solicitation for goods or services. CCSA reserves the right to terminate your receipt, transmission or other distribution of any such Content using the Services, and, if applicable, to delete any such Content from its servers. CCSA intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions of Use or of any applicable laws.
10. Alleged Violations. CCSA reserves the right to terminate your use of this Website and/or the Services at any time in its sole discretion. To ensure that CCSA provides a high quality experience for you and for other users of this Website, you agree that CCSA or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights or other unauthorized uses of this Website or the Services. CCSA does not intend to disclose the existence or occurrence of such an investigation unless required by law, but CCSA reserves the right to terminate your account or your access to this Website immediately, with or without notice to you, and without liability to you, if CCSA believes that you: (a) have violated any of the Terms and Conditions of Use; (b) furnished CCSA with false or misleading information; or (c) interfered with the use of this Website or the Services by others.
11. NO WARRANTIES. CCSA HEREBY DISCLAIMS ALL WARRANTIES. THIS WEBSITE IS PROVIDED TO YOU "AS IS." YOUR ACCESS AND USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAWS IN THE APPLICABLE JURISDICTION, CCSA DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT AND UNINTERRUPTED OR ERROR-FREE OPERATION.
12. LIMITED LIABILITY. CCSA'S LIABILITY TO YOU IS LIMITED. TO THE EXTENT PERMITTED BY THE LAWS IN THE APPLICABLE JURISDICTION, CCSA DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, LOST DATA OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS WEBSITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
13. Affiliated Websites and Links. CCSA has no control over, and no liability for any third-party websites or materials. From time to time, CCSA may work with a number of partners and/or affiliates whose Internet websites may be linked with this Website. Because neither CCSA nor this Website has control over the content and performance of these third-party websites, CCSA makes no guarantees about the accuracy, currency, content or quality of the information provided by such websites, and CCSA assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those websites. Similarly, from time to time, in connection with your use of this Website, you may have access to content items (including, but not limited to, other websites) that are owned by third parties. You acknowledge and agree that CCSA makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third-party content, and that, unless expressly provided otherwise, these Terms and Conditions of Use shall govern your use of any and all third-party content.
14. Prohibited Uses. CCSA imposes certain restrictions on your permissible use of this Website. You are prohibited from violating or attempting to violate any security features of this Website or the Services, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of this Website or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to this Website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) using this Website to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or (f) attempting to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CCSA in providing this Website. Any violation of system or network security may subject you to civil and/or criminal liability.
15. Indemnity. You agree to indemnify CCSA for certain of your acts and omissions. You agree to defend, indemnify and hold CCSA, its affiliates and its suppliers, and each of their respective partners, officers, directors, employees, consultants, agents and representatives, from and against all claims, losses, costs, damages, liabilities and expenses (including but not limited to attorneys' fees) arising out of: (a) your activities in connection with this Website; (b) any violation of these Terms and Conditions of Use by you; (c) any improper or unauthorized use of the Website materials or the Services by you; or (d) any allegation that anything you transmit through or in connection with this Website infringes or otherwise violates the copyright, trademark, trade secret, privacy or other rights of any third-party.
16. Governing Law. These Terms and Conditions of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.
17. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions of Use to be unenforceable, then all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. ACKNOWLEDGMENT. BY ACCESSING THIS WEBSITE OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM.
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