PLEASE CAREFULLY READ THESE "TERMS AND CONDITIONS", AND OUR "PRIVACY POLICY", BEFORE USING THIS WEBSITE ("site"). BY ACCESSING OR USING THE SITE, YOU ("User") AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE THIS SITE.
THE OWNER OF THIS SITE IS ESV SOFTWARE dba GAW HOLDINGS LLC ("organization"). WE USE OUR OWN CONTENT MANAGEMENT SYSTEM TO MAINTAIN THE CONTENT IN THE SITE, AND ITS RELATED SERVICES INCLUDING BUT NOT LIMITED TO TECHNICAL SUPPORT AND MAINTENANCE. WE RESERVE THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON POSTING TO THIS SITE. WE MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO THE SITE OR PARTS OF IT WITHOUT NOTICE OR LIABILITY; AND ALSO TERMINATE YOUR USE OF THE SITE AT ANY TIME IN OUR SOLE DISCRETION.
Use of Site/Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, graphic material, and all intellectual property rights in and to such items (hereinafter "Content") constitute the sole and exclusive property of our organization. All software, code, database architecture, and all intellectual property rights of our Content Management System constitute our sole and exclusive property also. The user is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without our prior written approval: copying of the Site or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any content, in whole or in part (including without limitation, the display and distribution of the content via a third party website); and disassembling, de-compiling, reverse engineering or otherwise modifying the content.
Additional User Conduct Guidelines
We require the user not impede or inhibit any other user from using and enjoying the site. Therefore, in using this site, you agree not to: disrupt or interfere with the security of, or otherwise abuse the site or any services, system resources, accounts, servers or networks connected to or accessible through the site or affiliate linked sites; upload, post, or otherwise transmit through or on this site any viruses or other harmful, disruptive or destructive files; use or attempt to use another's account, service or system, or link to another site, without authorization from us, or create or use a false identity on the site; or transmit through or on the site spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable local, federal and state laws.
Limitation of Liability and Disclaimers
USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER ESV SOFTWARE dba GAW HOLDINGS LLC, THEIR EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE. THE SITE, ALL CONTENT AND INFORMATION PROVIDED THEREIN ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY OPERATORS, ANY OF THE EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT ESV SOFTWARE dba GAW HOLDINGS LLC IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES US FROM ANY CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SITE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
Indemnification
The User agrees to indemnify, defend and hold harmless, ESV SOFTWARE dba GAW HOLDINGS LLC, their affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by the user. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event user will fully cooperate with us in asserting any available defenses.
Third Party Links and Sites
This Site may contain links to other Internet sites, resources and/or sponsors of the site. We do not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites. Providing links to outside sites does not constitute our approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policies posted on the outside sites after linking to them.
Commitment To Privacy
To better protect your privacy we provide this notice explaining our online information practices and the choices users can make about the way your information is collected and used. To make this notice easy to find, it is available on our website and at points where personally identifiable in- formation may be requested. This notice may change without prior notification to comply with changing rules and regulations of local, state, and federal agencies. We do not share any information about the site’s visitors or content placed on the school’s website with any third party for any purpose except for lawful requests from local, state and federal law enforcement officials.
The Information We Collect:
This notice applies to all information collected or submitted on this website. This website is powered by the “Content Management System” (CMS) of ESV Software. In order to operate the website, we collect certain anonymous information. The information is limited to:
IP addresses of visitors of the website Date and Time stamp of the visitor’s visit Pages visited by the visitors
Data housed on our servers. All data and content housed on our servers belong to us
We are responsible of the safeguarding of the content and data of the website on our servers.
We have placed numerous levels of security measures to ensure the safety of the data housed on our servers.
ESV Software's Commitment to Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. The procedures are regularly reviewed and improved to ensure that data housed on our servers are not compromised.
Changes to the Privacy Policy
If there are updates to the terms of our online Privacy Policy, we will post those changes and update the revision date on this document, so Users will always know what information we collect online, how we use it, and what choices you have. For material changes to this Privacy Policy, we will provide notification to all site users.
Other
These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, and the federal laws of the United States of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Ohio for any disputes arising from or related to this Site or these Terms and Conditions of Use. These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with us or our affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of this Site. Should any provision in these Terms and Conditions be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforce- ability of the remaining provisions. These Terms and Conditions may not be altered by action, inaction or course of dealing between the parties. These Terms and Conditions may only be altered by (a) prior written mutual agreement between us and User; or (b) Our posting revisions on the Site. Failure by us to object to a User's behavior, conduct or action does not constitute a consent, ratification or waiver of objection.
Exclusion of Liability
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors. We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of or licensed to, the operator are acknowledged on the website.
Any unauthorized use of this website may give rise to a claim for damages against the user and/or be a criminal offense.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Copyright
Except for material in the public domain under United States copyright law, all material contained on the Website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner.
None of the material contained on this website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recorded or otherwise), resold or redistributed without the prior written consent of Urban Discovery Schools. Violation of this provision may result in severe civil and criminal penalties.
FERPA Notice
The Family Educational Rights and Privacy Act (FERPA), a Federal law that protects the privacy of student education records. With few exceptions, FERPA prohibits schools from disclosing personally identifiable information contained in student education records without prior written parent/guardian consent to anyone other than school officials with legitimate educational interest except for directory information. “Directory information,” which is defined as set forth below, may be released to requestors in limited circumstances by our schools without additional notice to families unless the parent/guardian timely “opt out” of such disclosures in writing.
For further information regarding FERPA, please review the ED.GOV FERPA pages.