You understand and agree that the Site and the Services are provided “AS-IS.” GA makes no representations or warranties of any kind with respect to the Site or the Services or any contents therein. GA assumes no liability or responsibility for any errors or omissions in providing the Services or the Site, any losses or damages arising from the use of the Site or the Services, or any conduct by users of the Site. GA assumes no liability or responsibility for the timeliness, accuracy or reliability of the Services, deletion, incorrect delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services and for the payment of all fees associated with such access. You are also responsible for any fees associated with the display or delivery of advertisements. In addition, You must provide and are responsible for all equipment necessary to access the Site and Services.
You will receive a password and account designation upon completing the GA registration process and becoming a Registered User. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to: (a) immediately notify GA of any unauthorized use of Your password or account, and (b) exit from Your account at the end of each session. GA is not liable for any loss or damage arising from Your failure to comply with this Section.
GA reserves the right at any time and from time to time to modify or discontinue, temporarily, or permanently, the Services (or any part thereof) with or without notice. You agree that GA shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services.
You understand and agree that for Student(s) enrolled in a school that uses the GA technology and curriculum, federal, state, and/or local law may require that the computer made available to the Student(s) be equipped with filtering software to restrict access to Internet sites containing child pornography, obscene depictions, or other materials harmful to minors under 18 years of age. As legal guardian it is Your responsibility to install and maintain this software as required to meet federal, state, and/or local laws.
You acknowledge and agree that all technology, ideas, concepts graphics, content, software, and materials available on the Site (“Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by GA, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, broadcast, circulate, publicly display, publicly perform, publish, adapt, edit, translate, or create derivative works from such materials or content. Notwithstanding the above, You may print or download one copy of the materials or content on the Site on a single computer for Your personal, non-commercial use, provided You keep intact all copyright and other proprietary notices. Systematic retrial of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without permission from GA is prohibited. You may not post any Content from the website to forums, newsgroups, mail lists, electronic bulletin boards or other websites, without the prior written consent of GA. You further agree not to reverse engineer any aspect of the Services or the Site, nor to use Your access of the Content, the Services or the Site to build or create a competitive product or service, or to create any product or service using ideas, features or functions similar to any aspect of the Content, Site or the Services. In addition, use of the Content for any purpose not expressly permitted in these Terms is prohibited.
You may not link or deep-link to this Site or any content contained on it without GA’s prior written consent. The Site may produce automated search results that reference or otherwise link to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of GA, and You knowledge that GA is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by GA or any association with its operators, nor does GA warrant that other sites will be free from viruses or other damaging content or materials. For Your protection GA has installed filtering software described above, however, GA does not warrant that objectionable websites will not be accessible even with the installation of the filtering software. You agree that GA is not liable for any loss or damage of any sort incurred as a result of any such dealings with any linked site or merchant or operator of the linked site.
GA respects the intellectual property of others. GA may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others. If You believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, You may notify us by providing our copyright agent the information required by the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512. Our agent for notice of claims of copyright infringement on or regarding this website can be reached as follows:
Attn: Customer Service
310 South Main St, 12th Floor
Salt Lake City, UT 84101
Please provide a notification containing the following details:
Reasonably sufficient details to enable us to identify the work claimed to be infringed (for example: title, author, any registration or tracking number, URL);
Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
Your contact information so that we can contact You (for example, Your address, telephone number, e-mail address);
A statement that You have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that You are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
Your physical or electronic signature.
You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of or others’ use or enjoyment of, the Site. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
When You register with on the Site, You acknowledge that in using certain services to send electronic communications (including but not limited to email, search queries, sending messages to GA discussion boards, uploading photos and files to GA, and other Internet activities), You will be causing communications to be sent through GA’s computer networks. As a result, and also as a result of GA’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where You are physically located at the time of transmission. Accordingly, by agreeing to these Terms, You acknowledge that use of the Service results in interstate data transmissions.
Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site and Services, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
The Site includes facts, views, opinions and recommendations of consultants, individuals and organizations not under the direct control of GA. GAand its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations. Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GA, GA’S SUBSIDIARIES, RELATED OR AFFILIATED COMPANIES, AND LICENSORS (“RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT OR, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE, SERVICES OR CONTENT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) ANY OTHER MATTER RELATING TO THE SITE, SERVICES OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU EXCEPT THAT GA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. GA’S TOTAL LIABILITY RELATED TO USE OF THE SITE, SERVICES OR CONTENT SHALL NOT EXCEED THE AMOUNT OF MONEY COLLECTED BY GA RELATED TO YOUR USE OF THE SITE OR RECEIPT OF SERVICES, OR $1,000, WHICHEVER IS GREATER.
YOU HEREBY RELEASE AND FOREVER DISCHARGE GA, THEIR OFFICERS AND DIRECTORS, AND THEIR EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, (“RELEASED PARTIES”), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR OR YOUR STUDENT(S)’ USE OF THE CURRICULUM, THE SITE OR THE SERVICE. YOU UNDERSTAND THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES WHICH YOU OR YOUR STUDENT(S) MAY HAVE AS A RESULT OF SUCH STUDENTS’ USE OF THE CONTENT, THE SITE OR THE SERVICES REGARDLESS OF THE SPECIFIC CAUSE THEREOF.
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, excluding its conflicts of law terms. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or Your use of the Site shall be filed only in the state or federal courts located in Salt Lake City, Utah, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
You agree that GA, in its sole discretion, may at any time without prior notice immediately suspend, terminate, or delete Your GA account (or any part thereof), password, and access to the Services for any reason.
Each time you visit our Site, we log non-personal information that your browser automatically transmits to us. We may also use third-party website analytics tools (such as Google Analytics) that collect information about user interactions with the Site. Such information may include your IP address, operating system and browser type, domain name, the name of the Web page from which you entered our website, which pages you visit on our website, and how much time you spend on each page. We use this information to monitor and improve our website and for internal analysis. In particular, we use IP addresses to analyze trends, administer the Site, and gather information for aggregate use. However, IP addresses are not linked to personal information.
You can use portions of our Site without divulging any personal information, including your e-mail address. Our Site does not collect personal information about individuals except when such individuals specifically provide such information on a voluntary basis (for example, enrolling in a school and registering for classes; requesting a catalog; requesting additional information by contacting us; posting a message to a message board; requesting help; or accessing, adding to, or changing the information on your account information page on the Site). When you register yourself or children for whom you are the parent or legal guardian for a Graduation Alliance program or participate in a Graduation Alliance program, we may collect information regarding you and your children, as applicable. This personal information may be collected on our Site or collected via telephone or conventional mail. The types of information that you may be asked to provide, depending on what services you would like to receive, may include without limitation: your first and last name and age; billing address; the names and ages of your children; registration and enrollment information about your children, if applicable; and an e-mail address where we can contact you. Once you have registered yourself or your children for a Graduation Alliance program (whether you registered on our Site or through offline communications), there is an online service for all such programs. There will be a personal information page on the Site that contains some or all of your personal information.
Graduation Alliance also collects personal information made available to Graduation Alliance by contracting educational agencies and institutions, such as student names, student identification numbers, e-mail addresses, GPA, grades, courses taken, standardized test scores, and related information.
Graduation Alliance operates in compliance with federal and state school privacy laws, including The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99) (“FERPA”). FERPA is a federal law that protects the privacy of student educational records, and applies to all schools receiving federal funding. With certain exceptions, this law prohibits schools from releasing personal information of students under the age of 18 without parental consent. By designating Graduation Alliance as a “school official” and/or a designated contractor with a “legitimate educational interest,” educational agencies and institutions are permitted to share personal information with Graduation Alliance without express, parental consent under the exception provided by 34 CFR § 99.31(a)(1). You may find out more information about FERPA at http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
The classification as a “school official,” or as a contracted company with a “legitimate educational interest” is described by the Family Policy Compliance Office (“FPCO”). The FPCO’s FERPA policy and advisory materials on this issue can be found at http://www.ed.gov/policy/gen/guid/fpco/index.html and http://www.ed.gov/policy/gen/guid/fpco/ferpa/lea-officials.html.
PERSONAL INFORMATION ABOUT YOUR CHILDREN (if applicable)
Graduation Alliance only receives personal information about your children as set forth in the “Student Records” section above and/or directly from you when you enroll your children into a Graduation Alliance program. If your children are enrolled in a Graduation Alliance program, we will collect, use, and maintain personal information about your children solely (i) to provide Graduation Alliance programs to them and for other authorized educational purposes, and/or (ii) as otherwise authorized by you.
You can review certain personal information that Graduation Alliance has regarding your children by making such a request in writing to firstname.lastname@example.org. Please be aware that some personal information relating to your children’s educational records may not be able to be disclosed by Graduation Alliance due to state and/or federal law. You can request that your children’s personal information not be used by Graduation Alliance and contractors and service providers acting on behalf of Graduation Alliance by making a request in writing to email@example.com. Please be aware that if you make such a request, your children can no longer continue to be enrolled in a Graduation Alliance program or to use most features on our Site. Therefore, a request by you for Graduation Alliance and our contractors and service providers to no longer use your children’s personal information will terminate your children’s participation in the Graduation Alliance program in which they are enrolled.
YOUR PERSONAL INFORMATION
Graduation Alliance may use your personal information to:
Unless expressly instructed or authorized by you, these forms and surveys are not disclosed to third parties;
We may aggregate your information with the information of other users for our own internal statistical, design, and/or operational purposes, such as to estimate our audience size, measure aggregate traffic patterns, and understand demographic, customer interest, and other trends among our guests and customers. This aggregate information generally will not personally identify you or be correlated to you individually for external purposes.
We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all aggregate information, provided that, such information does not personally identify you. When we share such information with other companies, or with contracting schools, it is not traceable to any particular user, and will not be used to contact you.
We may offer Graduation Alliance message boards and chat rooms to all students on our Site. Please be aware that anyone may read your or your children’s postings on a message board or in a chat room. Furthermore, any information which you or your children submit to be posted to a message board or in a chat room, including your information from your account information page and User ID, will be disclosed and available to all users of that message board or chat room, and is therefore no longer private. We cannot guarantee the security of such information that you or your children disclose or communicate online in public areas such as message boards and chat rooms, and you do so at your own risk. Please be aware that whenever you voluntarily post public information to the Site, that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. We reserve the right to monitor the content of the message boards and to republish your postings from message boards or chat rooms elsewhere on the Web or otherwise in any format. As a parent of a student enrolled in the Graduation Alliance program, we encourage you to monitor your child’s postings.
If any of our message boards or other interactive features that allow registered users to post content or information on the Site are directed to California residents under the age of 18, or if we have actual knowledge that registered users of such services are California residents under the age of 18, we will permit such registered users to remove, or request and obtain the removal of, content or information such registered users post on our Site to the extent required by California Business and Professions Code § 22581. If you are a California resident under the age of 18 and would like to remove content or information you have posted on our Site, please contact us at firstname.lastname@example.org.
The Site may contain links to other websites, chat rooms, or other resources that we provide for your convenience (“Linked Sites”). Linked Sites are not under the control of Graduation Alliance, and Graduation Alliance is not responsible for the content available on any Linked Site. Such links do not imply Graduation Alliance’s endorsement of material on any Linked Site, and Graduation Alliance expressly disclaims all liability with regard to your access to such Linked Sites. Access to any Linked Site is at your own risk.
We use industry standard practices designed to safeguard the confidentiality of your personal information and personal information about your children . To prevent unauthorized access, maintain data accuracy, and ensure the correct use of such information, we have put in place physical, electronic, and managerial procedures designed to safeguard and secure the personal information we collect. We also use 128-bit Secure Sockets Layer (SSL) protocol to protect information when route between your browser and Graduation Alliance’s server and when in route between Graduation Alliance’s server and another other browser or server.
Personal information residing on Graduation Alliance’s servers is password protected, and access is provided only to those employees of Graduation Alliance who require such access to administer and maintain our Site or to provide requested customer support to users of the Site. Each Graduation Alliance employee who has access to the data residing on our servers has agreed in writing to respect the privacy of all such personal information.
We offer you the following choices about what information we collect from you and how we communicate with you:
You may update, otherwise modify or delete any personal information you previously provided on the Site by logging onto the Site and accessing either your user profile or an application containing the information you want to change. Please note that if you delete information, it will no longer be available on the Site.
If you are unable to change your personal information as provided above, wish to delete or modify personal information provided to Graduation Alliance by third parties, or wish to delete your account from the Graduation Alliance system, you may email us at email@example.com.
The Site is not directed to children under the age of 13 and does not permit registration by, and will not knowingly collect or use personal information from anyone under 13 years of age. We require users to be at least 13 years of age to use the Site. If we learn we have collected or received personal information from a child under the age of 13, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at firstname.lastname@example.org.
Graduation Alliance, LLC
310 South Main Street
Salt Lake City, UT 84101