EXCELSIOR ACADEMY LLC
PLEASE READ THE FOLLOWING TERMS CAREFULLY
- USE OF THE WEBSITE www.excelsiorhouston.com
You and other users of the Websites have access to the Websites at the sole discretion of EXCELSIOR ACADEMY. The Websites are intended for use by persons who are at least 18 years old. By using the Websites, you represent and warrant that you: (i) are at least 18 years old and of legal age to form a binding contract, and you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you; and (ii) all information supplied by you on the Websites is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to the Websites and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
We grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights EXCELSIOR ACADEMY has in the content displayed on the Websites, including any message, data, information, text, music, sound, photos, videos, trademarks, trade names, graphics, code or any other material (the “Content”), to privately display such Content on your computer for your own personal, noncommercial purposes. We reserve all other rights in the Content, on our own behalf and the behalf of our licensors, and we do not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content without prior written consent from EXCELSIOR ACADEMY.
- PROHIBITED ACTIVITIES
You agree not to do, or attempt to do, any of the following when using the Websites, subject to applicable law: (a) access or use the Websites or any service on the Websites in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (b) access, tamper with, or use services or areas of the Websites that you are not authorized to access; (c) alter information on or obtained from the Websites; (d) tamper with postings, registration information, profiles, submissions or Content of other users of the Websites; (e) use any robot, spider, scraper or other automated means or interface not provided by us to access the Websites or extract data or gather or use information, such as email addresses or images, available from the Websites in a way that interferes with or is inconsistent with the intended operation of the Websites, as determined by us in our sole discretion, or transmit any unsolicited commercial email, advertising, “junk mail,” “spam,” or “chain letters” to or from the Websites; (f) frame any part of the Websites, or deceptively link to the Websites, or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose except as expressly permitted in writing by us, as determined in our sole discretion; (g) impersonate or misrepresent your identity or your affiliation with any person or entity; (h) reverse engineer any aspect of the Websites or do anything that might reveal or attempt to reconstruct source code, or bypass or circumvent measures employed to prevent or limit access to any area, Content or code of or on the Websites (except as otherwise expressly permitted by law); (i) send to or otherwise direct to or from the Websites, or operate on it, harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Websites or any recipient; (j) take any action which might impose a significant burden (as determined by us in our sole discretion) on the Websites’ infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Websites; or (k) engage in phishing or other deceptive practices for the purpose of collecting usernames or passwords.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect EXCELSIOR ACADEMY’s systems and members, or to ensure the integrity and operation of EXCELSIOR ACADEMY’s operations and systems, EXCELSIOR ACADEMY may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information and usage history.
THE CONTENT PUBLISHED ON THE WEBSITES MAY INCLUDE INACCURACIES OR ERRORS. EXCELSIOR ACADEMY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE CONTENT DISPLAYED ON THE WEBSITES. THE WEBSITES ARE PROVIDED “AS IS,” “WHERE IS” AND “WITH ALL FAULTS.” EXCELSIOR ACADEMY CANNOT OFFER GUARANTEES OF ANY SORT INCLUDING BUT NOT LIMITED TO STUDENT’S ACADEMIC, SOCIAL, EMOTIONAL OR PHYSICAL NEEDS.
EXCELSIOR ACADEMY DISCLAIMS ALL WARRANTIES AND INDEMNITIES WITH RESPECT TO THE WEBSITES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY USE AND/OR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. ANY QUESTIONS OR CONCERNS REGARDING VERIFICATION OF THE INFORMATION EXPRESSED ON THE EXCELSIORHOUSTON.COM WEBSITE NEEDS TO BE ADDRESSED IN WRITING VIA EMAIL ONLY BEFORE ENTERING INTO AN ENROLLMENT AGREEMENT WITH EXCELSIOR ACADEMY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCELSIOR ACADEMY DOES NOT WARRANT THAT: (I) THE WEBSITES SHALL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY, (II) EXCELSIOR ACADEMY WILL CORRECT ALL PROGRAM ERRORS, OR (III) THE WEBSITES WILL MEET YOUR REQUIREMENTS. TO THE EXTENT THAT DATA IS BEING TRANSMITTED OVER THE INTERNET, YOU ACKNOWLEDGE THAT EXCELSIOR ACADEMY HAS NO CONTROL OVER THE FUNCTIONING OF THE INTERNET AND EXCELSIOR ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PERFORMANCE OF THE INTERNET.
- LIMITATION OF LIABILITY
THE TOTAL LIABILITY, IF ANY, OF EXCELSIOR ACADEMY UNDER THESE TERMS, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF NEGLIGENCE, BREACH OF CONTRACT, TORT, BREACH OF WARRANTY CLAIMS BY THIRD PARTIES OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT IN ANY EVENT EXCEED, IN THE AGGREGATE, THE LESSER OF FEES ACTUALLY PAID BY YOU TO EXCELSIOR ACADEMY DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY OR $10.00.
EXCELSIOR ACADEMY SHALL IN NO EVENT WHATSOEVER BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES, INCLUDING DAMAGES FOR LOST DATA OR ECONOMIC LOSS, EVEN IF EXCELSIOR ACADEMY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
- THIRD PARTY WEBSITES
You agree that all claims you may have against EXCELSIOR ACADEMY arising from or relating to the Websites must be heard and resolved exclusively first by Mediation via a neutral 3rd party, then by Arbitration by the American Arbitration Association.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect.
These Terms (and any other terms and conditions referenced herein), constitutes the entire agreement between you and EXCELSIOR ACADEMY with respect to the Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and EXCELSIOR ACADEMY with respect to the Websites. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We will occasionally update these Terms. If we make any changes to these Terms that we deem to be material changes, we will notify you by sending an email to the email address you most recently provided us in your enrollment information (unless we do not have such an email address) and/or by prominently posting notice of the changes on the Websites. We recommend that you check the Websites from time to time to inform yourself of any changes to these Terms or any of our policies.