Terms of Use

Blending online resources and human infrastructure

Terms of Use

 

LEGAL AGREEMENT

 

The terms and use set forth in this document apply to all visitors ("Users" or "you") to Elite Open School's website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and Elite Open School ("EOS").

Please read the information below carefully. By using the Services you indicate your agreement to be bound by these Terms of Use, whether or not you are a registered member of the Services. These Terms of Use constitute the Agreement in its entirety and supersede prior Agreements.

 

Statement of Non-Discrimination

Elite Open School does not discriminate based on race, gender, class, national origin, culture, or religion.

 

Children’s Online Privacy Protection Act of 1998

We comply strictly with applicable laws and regulations, including the Children’s Online Privacy Protection Act of 1998, for the protection of children’s online privacy. We do not:

 

  1. Collect online contact information from children under the age of 13 without prior parental notification and consent which will include an opportunity for the parent to prevent use of the information and the child’s participation in the related activity. Without prior parental consent, online information will only be used to respond directly to a child’s request and will not be used for other purposes.
  2. Collect the personally identifiable offline contact information of a child under age 13 without prior parental consent.
  3. Distribute to third parties any personally identifiable information relating to a child under age 13 without prior parental consent.
  4. Give children under age 13 the ability to publicly post or otherwise distribute personally identifiable contact information without prior parental consent.
  5. Entice any child by the prospect of a special game, prize, or other activity, to divulge more information than is needed to participate in the activity.

 

Parent(s) Local Responsibilities

As the parent or legal guardian of the Student(s), you always remain ultimately responsible for your Student(s)'s education. You agree to be responsible for your Student(s)'s education, including without limitation, where required or applicable, logging attendance, participating in parent/student conferences, and maintaining equipment and other materials provided by.

 

Termination

This web site is designed to provide students, parents and guardians with access to various and proprietary collection of digital technology. If you are not a registered student or the parent or guardian of a registered student, a tutor, teacher or administrator, you are not authorized to use this web site. If at any time you are not in compliance with these Terms and Conditions, we have the right to terminate your rights of use and access to this web site. We also have the right to terminate your use at our discretion, for any reason or no reason.

 

Updates

We may amend these Terms and Conditions at any time. Your use of this web site after the posting of the amended Terms and Conditions constitutes automatic acceptance of the amended Terms of Use. Any information contained on this web site does not represent a commitment or contract or agreement on our part now or in the future. We make no commitment to update the information contained on this web site.

 

Limitations on Use

Your use and access of our proprietary collection of digital technology (.i.e. e-books, e-texts, digital book, and associated graphics) obtained through this web site is subject to the following limitations:

 

The curriculum, e-books, e-texts, digital book, and associated graphics obtained through this web site may not be used for any commercial purpose.

 

No e-books, e-texts, digital book, curriculum, and associated graphics obtained through this web site may be copied in print or electronic form without our permission.

 

Users are not permitted to download the curriculum, e-books, e-texts, digital book or associated graphics or any other content, except when specified.

 

Possible Defects

It is possible the curriculum, e-books, e-texts, digital book, videos, and associated graphics available on this web site and any medium they may be on may contain defects such as incomplete, inaccurate, or corrupt data, transcription errors, copyright or other intellectual property infringement, a defective or damaged disk or other medium, a computer virus, or computer codes that damage or cannot be read by your equipment. You use this web site at your own risk. We do not endorse any information posted or content contained on this web site and we are not liable for any information posted on this web site, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on this web site which we believe is inappropriate in our sole discretion with respect to information posted on this web site, including but not limited to termination of your rights of use.

 

Links

This web site may contain links to third-party web sites not under our control or operation. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site(s). We may, in our sole discretion, permit links to this web site, as long as they do not imply endorsement, sponsorship, or affiliation. We do require, however, that you get our prior written consent before creating any type of hyperlink to this web site.

 

Third Party Content

This web site may contain news and information published by various third party providers or links to third party web sites. The Terms and Conditions of the respective third parties are posted on their respective web sites (and may be updated from time to time). We recommend that you review those Terms and Conditions.

 

Applicable Law

By visiting Eliteopenschool.org, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and EOS.

 

Suspension, Expulsion and Withdrawal

Suspension is a temporary discontinuance of access to EOS private sections. Students remain enrolled during a suspension and all financial responsibilities remain in effect during a suspension. If a student is expelled for any reason, the financial responsibility still relies on the parent/guardian/student. Parents must pay the remaining balance immediately. Suspension or expulsion can occur for a variety of reasons, including abuse.

 

Privacy

We recommend that you review our Privacy Policy that is posted on this web site, which is part of these Terms of Use and which we may amend at any time. If at any time you are not in compliance with the policy, we have the right to terminate your rights of use and access to this web site. Unfortunately, we cannot ensure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

 

Submission of Materials

All comments, suggestions, ideas, graphics, or other information that you submit to us through this web site become and will remain our property and may be used by us anywhere, anytime and for any reason whatsoever. Any materials or information submitted to us will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. In addition, we will not be under any obligation to respond in any way or reveal to you any information. We will not have to pay you or anyone else for using any ideas or other materials that you may transmit to us in connection with the use of this web site. You should rely solely on your rights under the patent, trademark, and copyright laws. The receipt or consideration of your information by us shall in no way impair our right to contest the validity of your patent, trademark, or copyright. Of course, you are not to submit to this web site any material which is unlawful, threatening, violent, abusive, harassing, degrading, defamatory, libelous, deceptive; fraudulent, or which may give rise to civil or criminal liability, infringe a third party’s intellectual property rights, or otherwise violate any law or regulation. Even though we may monitor and review correspondences, we assume no responsibility or liability which may arise from the content thereof, including – but not limited to – claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

 

Governing Law and Jurisdiction

This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida, without regard to its conflict of laws provisions. This web site (excluding linked sites) is operated by us from our office in the state of Florida and it can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ, by accessing this web site, you agree that these Terms of Use and your use of this web site shall be governed in all respects by the internal substantive laws of the geographic location of the physical headquarters of OS. You further submit to jurisdiction and venue in the federal and state courts located in West Palm Beach, Florida and further agrees that any cause of action you may bring arising under your use of this web site shall be brought by you exclusively in a federal or state court. We make no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

 

No Warranty

We provide videos, e-texts, graphics, and other information on this web site, subject to these Term and Conditions. We make no warranties or representations, express or implied, as to the accuracy, completeness, or any other aspect of the information on this web site and assume no liability in connection with any use of this information. This web site, the e-books, e-texts, digital book, graphics, and all other information contained herein and our services are provided “as is,” “where is,” and without any warranty or condition of any kind, express, implied or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We also do not guarantee continuous, uninterrupted or secure access to this web site or our services, and operation of this web site may be interfered with by numerous factors outside of our control. You use this web site at your own risk.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL EOS OR ITS PROPRIETORS, OPERATORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM OR RELATED TO THE USE OR THE INABILITY TO USE THIS WEB SITE OR ANY ASSOCIATED SOFTWARE, SERVICE, AND/OR ANY ../../images, GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR INJURY TO FILES, DATA, EQUIPMENT OR OTHER PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT EOS IS HAVING TECHNICAL PROBLEMS AND YOUR WESITE IS DOWN, WE WILL NOT BE LIABLE FOR THE INABILIYT TO USE YOUR WEBSITE OR THE LOSS OF YOUR PERSONAL INFORMATION.

 

THIS SITE IS PROVIDED BY EOS ON AN "AS IS" AND "AS AVAILABLE" BASIS. EOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, EOS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM EOS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

UNDER NO CIRCUMSTANCES SHALL EOS BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF EOS WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF EOS WEBSITE OR THE SERVICES, FROM INABILITY TO USE EOS WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF EOS WEBSITE OR THE SERVICES, OR VIEWING THE DBOOKS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. EOS CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF DIGITAL LEARNING CONTENTS ON ITS SITE, OR THE COPYING OF DIGITAL CONTENT BY ITS USERS.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Severability

Any provision of this Agreement which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. If any provision is held to be invalid or unenforceable, such provision shall be construed by the appropriate judicial body by limiting or reducing it to the minimum extent necessary to make it legally enforceable. Failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches These Terms of Use, and all writings and web pages incorporated by reference into these Terms and Conditions, set forth the entire understanding and agreement between us with respect to the subject matter hereof.