WEBSITE TERMS AND CONDITIONS OF USE
Last Updated: February 2017
ALL PAGES WITHIN THIS WEBSITE, CONTENT, AND ANY MATERIAL MADE AVAILABLE FOR DOWNLOAD (collectively, the “Site”) ARE PROVIDED BY SOUTH BAY FAMILIES CONNECTED (“SBFC”), SBFC PARTNER SCHOOLS, AND LSM COMMUNICATIONS, LLC (COLLECTIVELY “SBFC And Affiliates” or “we”) SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS (“Terms”) SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOU ARE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
You must be at least 13 years of age to access or use our Site. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Site. If you are accessing or using our Site on behalf of another person or entity, you represent that you are authorized to accept these Terms on behalf of that person or entity and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
The only personal information we collect is the information that you provide to SBFC and Affiliates directly when filling out forms on the Site. This information may include your name and email address. You must be 13 or older to enter information using these forms. SBFC and Affiliates may use this information to communicate with you such as sending an online newsletter at your request. This information is NOT disclosed to third parties by SBFC and Affiliates. Other than the information above, SBFC and Affiliates do not collect any personal or geolocation information from our users. SBFC and Affiliates do collect data on total number of website visits and page visits, but the data collected is not a unique identifier of any user.
SBFC and Affiliates do not control or monitor the data collected by third party sites from the third party links provided on our Site. SBFC and Affiliates are not responsible for third party compliance with the Children’s Online Privacy Protection Act regarding the collection of information from children under the age of 13.
3. Restrictions on Use
The Site is the property of SBFC and Affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of SBFC and Affiliates. The Site is for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
All information provided on the Site is intended only for informational purposes and for your general knowledge and is not a substitute for medical advice or treatment or for the care that patients receive from their physicians. Nothing on this site is intended to be used for medical diagnosis or treatment. Always seek the advice of your physician before beginning any new treatment or if you have any questions regarding a medical condition. The opinions expressed by members, third parties, or in third party links through the Site are those of the author, and do not necessarily reflect those of SBFC and Affiliates. SBFC and Affiliates do not endorse any specific product, service or treatment identified by members, third parties, or third party links on the Site. You should not disregard medical advice from a qualified medical professional because of something you read on this site.
IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CONTACT YOUR DOCTOR OR CALL 911 IMMEDIATELY.
The Site and its health-related information and resources are not intended, and must not be taken, to be the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care, in any jurisdiction.
These Terms and the disclaimers concerning medical advice apply to all information and materials, including material provided by or related to non-SBFC parties, on the Site.
Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by SBFC and Affiliates.
As a condition of your use of this Site, you warrant to SBFC and Affiliates that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
4. Third Party Links
SBFC and Affiliates make no representations whatsoever about any other website that you may access though this Site. When you access a non-SBFC and Affiliates website, please understand that it is independent from SBFC and Affiliates, and that we have no control over the content on that website. In addition, a hyperlink to a non-SBFC and Affiliates website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
5. User Content
By submitting or posting User Content to the Site, you hereby grant SBFC and Affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media on or in connection with the Site and the promotion of the Site or SBFC and Affiliates’ services, including, without limitation, the right to use your name, likeness, voice, or identity. You grant SBFC and Affiliates and their sublicensees the right to use the name, location, and other information that you submit in connection with such User Content. The use of your or other users’ name, likeness, voice, or identity in connection with various features in connection with the Site does not imply any endorsement of such feature or of the Site unless explicitly stated otherwise. You represent and warrant that (a) the User Content is not confidential; (b) you own and control all of the rights to the User Content that you post, or otherwise have the right to post such User Content to the Site; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the use and posting of the User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
6. Copyright Complaints
We have a policy of removing content which infringes the intellectual property rights of others. If you believe that anything on our Site infringes any copyright that you own or control, you may notify SBFC’s Designated Agent as follows:
Designated Agent: LSM Communications, LLC
Address: Suite #0244, Manhattan Beach, CA 90267
E-Mail Address: Laura@LSMCommunications.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Site is infringing, you may be liable to SBFC for certain costs and damages.
7. Trademark Notice
“South Bay Families Connected,” “Families Connected,” the SBFC logos, and any other SBFC product or service name or slogan contained in the Site are trademarks of SBFC and its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SBFC or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “South Bay Families Connected” or any other name, trademark, or product or service name of SBFC without SBFC’s prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, or trade dress of SBFC and may not be copied, imitated, or used, in whole or in part, without SBFC’s prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by SBFC.
8. WARRANTY DISCLAIMER
YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE AND IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, SBFC AND AFFILIATES DO NOT REPRESENT OR WARRANT THAT OUR SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE SBFC AND AFFILIATES ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF OUR SITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE.
9. LIMITATION OF LIABILITY
SBFC, IT'S PARTNER SCHOOLS AND DISTRICTS, LSM COMMUNICATIONS, LLC, AND AFFILIATES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF SBFC AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF SBFC AND AFFILIATES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SITE, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SITE.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF SBFC AND AFFILIATES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you release SBFC and Affiliates from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
11. Confidential and Proprietary Information
SBFC and Affiliates do not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to SBFC Affiliates through the Site will be deemed NOT to be confidential. By sending SBFC and Affiliates any information or material, you grant SBFC and Affiliates an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that SBFC and Affiliates is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
12. Choice of Law and Venue
These Terms are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorney's fees. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
13. Changes to These Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Site and update the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Site after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Site.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Site. We are not responsible for any loss or harm related to your inability to access or use our Site.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.