Effective Date: November 21, 2008
CHANGES AND UPDATES
Use of the Site is void where prohibited. By using the Site, you represent and warrant that: (1) all information you submit is truthful and accurate; (2) you are at least 18 years old or, if under 18, have received parental consent and supervision when using the Site; and (3) your use of the Site does not violate any applicable law or regulation. Your use of the Site may be terminated without warning if we believe you are in violation of any of these conditions. Minors who use the Site are assumed to have parental or guardian supervision and consent.
RESERVATION OF RIGHTS
Your use of the Site and the Content is a privilege, and NOT a right. Accordingly, LAP expressly reserves the following rights:
(1) the right to suspend, revoke and terminate your privilege to use the Site and the Content at any time and with or without notice, should you violate this UA or any applicable law;
(2) the right to terminate your use of the Site, should we determine, in our sole discretion that you are a repeat or knowing copyright infringer; and
(3) the right to investigate any violation or suspected violation of this UA and cooperate with law enforcement authorities and/or third parties in such investigation.
1. Trademarks and Service Marks. LAP's name and logo and the term "LA's Promise" (collectively "Marks") are trademarks and service marks of LAP and are protected by federal, state and international laws. Except for purposes of making truthful references or attribution to LAP, you may not use any of the Marks, or any variations thereof, for any purpose or in any manner, without express prior written consent of LAP. Without limitation to the generality of the foregoing, you may not use any of the Marks for advertising, promotional or marketing purposes, or for seeking commercial or monetary gain, or in any way that deliberately or inadvertently claims, suggests, implies, or in LAP's sole judgment gives the appearance or impression of, any association, connection or affiliation with LAP (other than a truthful, non-misleading indication that you are a member of or donor to LAP), or any endorsement, sponsorship or approval by LAP.
Unless otherwise noted, all other trademarks and service marks appearing on the Site are the property of their respective owners.
2. Copyrights. All content on the Site, including, without limitation, text, articles, editorials, images, photographs, graphics, artwork, audio, video and other multimedia material, and software (collectively "Content"), as well as the design and layout of the Site, belong to LAP and their respective providers/licensors, and are protected under U.S. and international copyrights. You may use the Site and Content for your personal, non-commercial use only, provided you do not delete or alter any copyright, trademark, or other proprietary notices appearing on or within the Site or Content. Except as otherwise expressly permitted herein, you may not alter, modify, edit, copy, reproduce, distribute (for compensation or otherwise), transmit, display, perform, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any Content, for any purpose or in any manner, without LAP's express prior written consent.
3. Notification of Copyright Infringement Claims. If you believe that your copyright has been infringed or violated by any Content on the Site, please contact us in writing as follows:
202 West 1st Street, Suite 160
Los Angeles, CA 90012
To enable us to investigate your alleged infringement or violation, please include the following in your notice:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LAP will investigate claims of copyright infringement upon notice and will take appropriate actions as required or permitted by law.
Please be aware that, under applicable law, anyone who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, may be liable for damages to those who are injured by such misrepresentation.
THIRD PARTY WEBSITES
For your convenience, the Site may contains links to third-party websites. Such linked third-party sites are not owned, controlled, operated or maintained by LAP. Accordingly, LAP is not responsible for the content, products, services, policies or activities of such linked third-party sites. The inclusion of any link or reference to a third-party site does not constitute or imply LAP's endorsement, sponsorship or approval of, or LAP's affiliation or association with, such third-party site or its content, products, services, policies or activities.
LINKING TO OUR SITE
You may link to the homepage of the Site, provided that: (1) your linking or your use of our Marks for linking purposes is conducted in a truthful and non-misleading manner, and does not convey the impression that your website is endorsed, sponsored or approved by, or is other affiliated or association with, LAP; and (2) you warrant that the content of your website is appropriate and consistent with the stated purposes of LAP. If this is not the case, please do not link to our Site. LAP reserves the right to rescind your privilege to link to the Site at any time in its sole discretion. Upon request by LAP, you agree to immediately remove any link to the Site and to discontinue use of any of our Marks for linking purposes.
Notwithstanding anything herein to the contrary, you may NOT frame or make deep linking, in-line linking or similar forms of linking to the Site or any of its pages, without our express prior written consent.
MAKING DONATIONS TO LAP
Subject to the special provisions applicable to donors set forth below, you may make donations to LAP directly on the Site, or by contacting us at:
202 West 1st Street, Suite 160
Los Angeles, CA 90012
Tel: (213) 745-4928
Fax: (213) 652-1818
SPECIAL PROVISIONS FOR DONORS
By making a donation on the Site, you represent and warrant that: (1) you are a U.S. citizen at least 18 years old or, if under 18, are at least 13 years of age and are acting with parental consent and under parental supervision; (2) all information you provide to LAP is accurate, and you will update the information to keep it accurate; and (3) any donation you make is legal in your jurisdiction.
Donations made on the Site, once processed by us, are not cancelable, refundable or returnable.
Any information, literature or other material we may send you regarding your donation is solely for your personal, non-commercial use, and may not be redistributed, displayed or copied.
SPECIAL PROVISIONS FOR PROPOSAL SUBMISSION
We welcome teachers and other education professionals of our Partner Schools to submit proposals to LAP regarding potential projects and programs that we may have an interest in funding.
By making a proposal to LAP, you represent and warrant that: (1) you are a licensed teacher, librarian, guidance counselor, coach or other public school employee directly serving students and currently employed at the Partner School specified by you; (2) the activity you propose is legal and falls within the standards of your board of education; (3) all information you provide to LAP is accurate, and you will promptly update the information to keep it accurate; (4) any proposal you submit is solely for you and your class and is not on behalf of any other teacher or class; and (5) you have full rights to all ideas and written expressions contained in your proposal, and you (and not LAP) are solely responsible for your proposal, including its legality and appropriateness, and your proposal represents your original and independent creation and use thereof by LAP will not infringe upon any rights of any third party.
Any information, literature or other material we may send you regarding your proposal is solely for your personal, non-commercial use, and may not be redistributed, displayed or copied.
You retain ownership right in any proposal you submit, provided that you hereby grant to LAP a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid and fully sublicensable license to copy, reproduce, publish, display, create derivative works and make other uses of your proposal, in whole or in part, to further LAP's purposes and activities and to promote LAP and its programs, in any medium now known or developed in the future, regardless of whether or not your proposal is funded.
You understand and agree that LAP shall not be required to treat any proposal you submit as confidential.
THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LAP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, LAP DOES NOT WARRANT OR GUARANTEE THAT: (1) THE SITE AND THE CONTENT ARE ERROR-FREE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE CONTENT WILL BE RELIABLE; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (4) YOUR USE OF THE SITE AND THE CONTENT WILL NOT INFRINGE THIRD-PARTY RIGHTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LAP, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE (COLLECTIVELY "LAP AND ITS RELATED PARTIES") BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY LOSS OF USE, DATA, SALES OR PROFITS) RESULTING FROM (1) YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY CONTENT OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER RELATING TO THE SITE OR ANY CONTENT, EVEN IF LAP AND ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE MLAPS AND ITS RELATED PARTIES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY SUCH DAMAGES OR LOSSES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold LAP and Its Related Parties harmless from and against any and all claims made by, and any and all damages and judgments (including reasonable attorneys' fees) awarded to, any third party due to or resulting from: (1) your use or misuse of the Site; (2) your violation of this UA or any applicable law; (3) breach of any of your representations and warranties set forth herein; or (4) any proposal or other material you provide to LAP.
This UA is governed by and shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Any controversy or claim arising out of or relating to this UA or use of the Site shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and LAP. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Both you and LAP may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Los Angeles, California, as may be necessary to protect the rights or property of you or LAP pending the completion of arbitration.
If you have any questions regarding the Site or this UA, please contact us at:
202 West 1st Street, Suite 160
Los Angeles, CA 90012
Tel: (213) 745-4928
Fax: (213) 652-1818
© 2016 L.A.'s Promise