This website states the Terms and Conditions of Use ("Terms") for the access and use of the California Association of Independent Schools' website ("CAIS") www.caisca.org, and the other websites and applications, online services on or in which these Terms are linked or referenced (the "Site"). The term "User" is used to refer to anyone who is accessing the Site.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CAIS AND USER, BOTH AS AN INDIVIDUAL END USER AND AS AN AGENT FOR ANY ENTITY THAT USER IS ACTING ON BEHALF OF WHEN ACCESSING THE SITE. USER SHOULD CAREFULLY READ THE TERMS BECAUSE THEY GOVERN USER'S ACCESS TO AND USE OF THE SITE. USER'S USE OF THIS SITE INDICATES USER'S ACCEPTANCE OF THESE TERMS. USER AGREES TO USE THIS SITE AT USER'S OWN RISK. IF USER DOES NOT AGREE TO THE TERMS USER MUST STOP USING THE SITE. These Terms are effective as of January 1, 2023.
- General: The Site is intended for use by individuals and organizations wishing to learn about, or who are engaged in, CAIS' activities, including but not limited to, its membership programs, research, events, publications, or other activities engaged in furtherance of its mission.
- Site Usage: User must be 13 years of age or older to visit or use the Site. If User is under the age of 18, User must use the Site under the supervision of a parent, legal guardian, or other responsible adult. User may use the Site only for lawful purposes and as intended by these Terms, which are solely interpreted by CAIS.
- License to Use: Subject to User's continued compliance with these Terms, CAIS grants User a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site solely for User's personal purposes. User may download and print materials and information from the Site solely for User's personal purposes, provided that all hard copies contain all copyright and other applicable notices contained in such materials. All rights not expressly granted under these Terms are reserved by CAIS. Accordingly, User may not use the Site in any manner that is not expressly and unambiguously authorized by the Terms. CAIS reserves the right to suspend or terminate the license described in this section of the Terms without reason or cause at any time, in its sole discretion.
and organizations wishing to learn about, or who are engaged in, CAIS'
activities. User agrees not to:
- transmit, post, distribute, store or destroy material, including without limitation, Site content (including publications, research, information, images, or other content on the Site) in violation of any applicable law, regulation, or agreement with CAIS;
- take any action that violates or attempts to violate or compromise the security of the Site;
- submit any content or material that is false or misleading;
- share with a third party User's login credentials, if any, to the Site;
- access data not intended for User or log into a server or account which User is not authorized to access;
- solicit passwords or personally identifiable information from other users;
- engage in spamming; and
- use the Site for unlawful purposes or any illegal activity; or post or submit any content, that is defamatory, libelous, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, menacing, or that is likely to cause embarrassment, anxiety, or harassment to any person.
- Site Accounts: If User registers with the Site, User will be asked to create an account and provide CAIS with certain personal information. Any information User submits must be accurate and describe User and the organization on whose behalf User is creating such profile, if any. User acknowledges and agrees that User is responsible for and, if applicable, has the requisite authority to bind that organization. User acknowledges that User is responsible for the form, content, and accuracy of any information User provides to CAIS and the Site. User understands and acknowledges that User has no ownership rights in User's account and that if User cancels User's account or User's account is terminated, all User's account information may be deleted from CAIS' Site.
- Links to Other Sites: The Site provides links to other sites. These links may include links to websites operated for example, by individuals, government agencies, nonprofit organizations, or for-profit businesses. When User follows a link to any other website, User is subject to the website usage policy of that website and CAIS encourages User to examine that policy. CAIS provides these links solely for User's convenience and not as a CAIS endorsement of the contents on the linked websites. CAIS is not responsible for the content of the linked websites and does not make any representations regarding the content or accuracy of materials on those sites. If User decides to access linked websites, User does so at User's own risk.
- Intellectual Property: The information and materials CAIS provides on this Site may be protected by copyright, trademark, patent, or other intellectual property laws, and CAIS may have certain intellectual property rights in materials and information on the Site. Nothing on this Site shall be construed as consent to use any of these materials or information without CAIS' written permission.
- User Content: The Site may contain certain features and interactive functionality that allows User to post or upload to the Site comments or other user generated content ("User Content"). User hereby agrees that User will not upload, post, display, or transmit User Content that violates these Terms including, but not limited to, submitting any User Consent that is a third party's property protected by copyright, trademark, trade secret, rights of publicity or other proprietary right ("Third Party Rights") without the prior express written permission of the third party. User is solely responsible for determining whether any User Content posted by User is subject to any Third Party Rights. User is solely liable for any damages or costs resulting from any User Content that actually or allegedly infringes any Third Party Rights. CAIS may, in its sole discretion, bar any User it determines to have violated any Third Party Rights from submitting or posting any further User Content. User agrees that the foregoing restrictions apply to any User Content that User posts, submits, or uploads to any social media platforms or other webpage directly accessible through the Site. User understands and agrees that User is solely responsible for any liability arising from or related to any of User's User Content.
- Rights in User Content: CAIS claims no ownership or control over any User Content. User or a third party licensor, as appropriate, retains all patent, trademark and copyright interest to any User Content that User submits, posts or displays on or through the Site and User is responsible for protecting those rights, as appropriate. User grants CAIS a worldwide, non-exclusive, irrevocable, royalty-free license (with rights of sublicense and assignment) to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display User's User Content. User permits any user to access, display, view, store, and reproduce such User Content for personal use. CAIS reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
Copyright Complaints: CAIS will respond to claims of copyright and intellectual property infringement by taking action under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. CAIS may immediately remove any material or any reference or link to such material or activity claimed to be infringing. CAIS has designated the following the agent identified below under the DMCA. Notices should be sent both by mail and by email.California Association of Independent Schools
100 N. Brand Blvd. Suite #632
Glendale, CA 91203
- Indemnity: To the fullest extent permitted by law, User agrees to defend, indemnify and hold harmless CAIS and its current and former directors, officers, employees, volunteers, and agents ("CAIS Indemnities") from and against any claims, actions, lawsuits, damages, judgments, liabilities, causes of action, settlements, expenses (including attorney's fees and costs), or demands ("Claims"), arising out of or related to these Terms or User's use of the Site, including Claims for injury to property, injury or death to persons, and claims for infringement of intellectual property, that result from or arise out of User's or User's agent's intentional or negligent conduct. User shall not be obligated to indemnify, defend, or hold harmless a CAIS Indemnity from Claims arising out of or related to a CAIS Indemnitee's gross negligence or willful misconduct. This provision shall survive the termination or expiration of the Terms.
- CAIS' Reservation of Rights: User agrees that CAIS reserves the right to terminate access by User and other users to the Site without prior notice, without cause, and without explanation. CAIS shall not be liable to User or any third party for any termination of User's access to the Site. CAIS reserves the right to delete User's account and all of User's Information after a significant duration of inactivity. CAIS may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of users of the Site. CAIS shall be under no obligation to investigate potential violations and may terminate use without cause. CAIS reserves the right to expel User, prevent further Site access, or take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for CAIS, damage CAIS' brand or public image, or for any other reason.
- DISCLAIMER. THE SITE IS PROVIDED ON AN "AS-IS" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. CAIS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE FOR ANY PURPOSE, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. CAIS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET USER'S REQUIREMENTS OR NEEDS. THEREFORE, USER ASSUMES THE ENTIRE RISK REGARDING THE QUALITY AND PERFORMANCE OF THE SITE.
- LIMITATION OF LIABILITY. To the fullest extent provided by law, CAIS shall not be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity, or business interruption) resulting from the use or inability to use the Site, whether based on warranty, contract, tort or any other legal theory.
- Law and Jurisdiction: Any disputes relating to the use of the Site shall be governed by the laws of California, without respect to any conflicts of laws rules. User expressly and irrevocably consents to the sole and exclusive jurisdiction and venue of the state and federal courts of Los Angeles, California to resolve any dispute between User and CAIS relating to User's use of the Site. If User accesses the Site from a location outside of the United States does so at User's own risk and is responsible for compliance with the law of User's jurisdiction.
- Severability; No Waiver: If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
- Modifications: CAIS may in its sole discretion, add, modify, and delete any aspect, functionality, service, program or other feature of the Site. CAIS also has the right in its sole discretion to modify these Terms from time to time, or at least every thirty days. It is User's responsibility to review these Terms & Conditions periodically. User's continued use of this Site subsequent to CAIS' modification of these Terms shall constitute as User's acceptance.