Privacy Policy
ACADEMY FOR THE LOVE OF LEARNING, INC.
PRIVACY POLICY
Last Update: 5/31/2018
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE OR SUBMITTING ANY PERSONAL INFORMATION. BY USING THIS WEBSITE YOU ARE AGREEING TO THESE PRIVACY TERMS AND OUR TERMS AND CONDITIONS OF USE WHICH TOGETHER FORM AN AGREEMENT THAT GOVERNS YOUR USE OF THIS WEBSITE. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE. THIS WEBSITE IS INTENDED FOR USERS OVER THE AGE OF 18 IN THE UNITED STATES OF AMERICA.
We reserve the right to modify this policy at any time. You should check this Privacy Policy periodically for changes. By using this website after we post any changes to this Privacy Policy, you agree to accept those changes, whether or not you have reviewed them. We will post a notice here when we make material changes to this Privacy Policy. If at any time you choose not to accept this Privacy Policy, please do not use this website.
Commitment to Privacy
This website, www.aloveoflearning.org, (“Site”) and any and all websites and social media sites that we may own and operate now and in the future are owned by the Academy for the Love of Learning, Inc. (the “Academy,” “we” or “our”). We respect the privacy of every individual who uses the Site and we will only process and use the data obtained through the Site for our own charitable purposes. This privacy policy (“Privacy Policy”) outlines the information we will collect and how we will use that information.
Personally Identifiable Information
When you access and use this Site, we or our service providers may obtain data concerning that access and use. If you request information from us, register for our programs, or register to use any limited access portions of the Site, you will be asked to provide personally identifiable information about yourself. This data may include, but is not limited to, your:
* name
* address
* email address
* telephone number
* credit/debit card number
* message text
* social media messages
* user ID
* password
* blog content
We will not collect any personally identifiable information about you unless you provide it to us voluntarily. If you opt not to provide us with personally identifiable information, no material consequences will result, although there may be functionality on the Site that may be unavailable to you.
California Online Personal Privacy Act Disclosures:
1. When you visit the Site, we may drop a Cookie (see Cookies section below) on your browser to remember your preferences and collect analytical data about your visit. The Site does not employ technology to track you across multiple websites or override the privacy settings in your web browser.
2. Our Service Providers do not track Website visitors across multiple websites or override the privacy settings in your web browser. If you access our social media sites from the Website, be aware that the social media platforms may track you by across multiple websites and disregard the privacy settings in your web browsers.
Use of Personally Identifiable Information
We may store and process your personally identifiable information in order to fulfill any requests for information that you make of us, process your donations, provide you access to certain restricted portions of the Site, upload blog messages, or to better understand your needs and to learn how to improve our Site offerings. We may also use your personally identifiable information to contact you (for example, we may respond to your email inquiries, request for more information, or request to join our mailing list). We will not sell or rent your personal information to any third party not affiliated with the Academy.
Interactive Forums
Our interactive forums provide our registered users an opportunity to interact with one another. Though we encourage the dialogue, you should remain cautious about revealing personal information such as age, e-mail address and phone number to other participants in these forums. You, and not we, are liable for any consequences that result from your disclosure of personal information to participants in such forums.
Donor Contributions
You may make donations to us through the Site or by telephone. When you make donations through the Site, you will be asked to submit certain information such as your name, mailing address, email address, credit/debit card information, etc. Stripe.com, Innerfence.com, Securus.com and Authorize.net are the third party service providers we use to process your credit/debit card transaction. If you make a contribution to us via the Site by credit card, Stripe.com may retain your credit card information for 90 days, according to their own business processes. We are obligated to comply with Payment Card Industry standards for our remote devices such as card readers, iPads, and computers. We must comply with all applicable laws regarding security and treatment of your personal and financial information. Our third party providers; Stripe.com, Innerfence.com, Securus.com and Authorize.net, are obligated to comply with all applicable laws regarding security and treatment of your personal and financial information.
Donor Privacy Notice
We will not sell our donors’ names or personal information with any other entity, nor send mailings to our donors on behalf of other organizations. This policy applies to all information received by Academy, both online and offline, as well as any electronic, written, or oral communications.
To the extent any donations are processed through a third-party service provider, our donors’ information will only be used for purposes necessary to process the donation.
Disclosure to Service Providers
To enable us to more efficiently provide the products and services you have requested from us, we may share your personal information with selected third parties who are acting on our behalf as our agents, suppliers, or providers. Such third party service providers are provided only with such information as is necessary under the circumstances. Information provided to third parties is used only for the purposes stipulated and those third parties are subject to confidentiality obligations. We may also enhance or merge personally identifiable information with data obtained from third parties for any of the foregoing purposes. Nothing in the Privacy Policy shall be deemed to prohibit us from disclosing your identity or information if we are required by law to do so.
Contacting Us Regarding Your Personally Identifiable Information
Under California Civil Code Section 1798.83, California residents who have an established business relationship with us have the right to request that we provide certain information regarding the disclosure of their personal information to third parties for their direct marketing purposes during the immediately preceding calendar year.
If you have submitted personally identifiable information through the Site, and you would like to review our use of your personally identifiable information, request changes or have that information deleted from our databases, please contact us by sending a letter or email to us at the Academy for the Love of Learning, 133 Seton Village Road, Santa Fe, NM 87508; email: info@aloveoflearning.org.
We will then use reasonable efforts to change or remove your personally identifiable information from our files, unless we are entitled or required to retain it pursuant to other agreements or by law. We will use reasonable efforts to supply you with this information and correct any factual inaccuracies in this information. Notwithstanding the prior two sentences, if the laws in your state provide you with additional protections or require us to comply with more stringent obligations to provide you with, remove, or correct your personally identifiable information, we will comply with those legal requirements.
Unsubscribe from Email Newsletters
You may opt out of marketing and solicitation email from the Academy by using the unsubscribe instructions in an Academy email. We will use your email information to send you administrative emails. You acknowledge and agree that you cannot opt out of administration emails form the Academy.
Other Uses of Personal Information
We may transfer personally identifiable information to service providers such as outside contractors, auditors, consultants or others hired by the Academy to assist in providing financial or operational activities on the Academy’s behalf, including technical and processing services and analysis of website performance.
Legal Requirements
We may transfer personally identifiable information to other third parties if we receive your permission or we are required to do so by law, or we have a good faith belief that such disclosure is necessary to comply with a current judicial proceeding, a court order, a legal process served on the Academy, or to resolve any potential fraud or perceived irregularity in any audits of the accuracy of any documentation or information submitted to the Academy by you or on your behalf, as deemed appropriate by the Academy.
Transfers of Business Assets
In the event the Academy goes through a transaction, such as a merger, being acquired by another organization, bankruptcy, or selling all or a portion of its assets, your personally identifiable information may be part of the business assets transferred. We can provide no assurance that you will be notified in advance of the transfer, if any, of your personally identifiable information in connection with any such transition or transfer.
Protection of Academy and Others
We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of the Academy, our employees, users, or others. This includes exchanging information with other companies and organizations for fraud protection and data breach risk reduction.
Non-Personally Identifiable Information Collected Automatically
In some cases, we may collect information about you that is not personally identifiable. Examples of this type of information include but are not limited to the frequency of your use of the Site and the route by which you choose to access the Site, demographic information, and your use of any available hyperlinks. We and our service providers, agents or advisors may process and use this data for purposes including, but not limited to, planning Site development, assessing patterns of use, or to include you in e-mail or mailing lists so that we may send you information or updates and/or offer you services.
Cookies
“Cookies” are small text files that are either used for the duration of a session (‘session cookies’), or saved on a user’s hard drive in order to identify that user the next time he/she logs on to the Site (‘persistent cookies’). We may use ‘session cookies’ to identify registered users logging in to the Site. These cookies are deleted from the server soon after the session ends and are not collected or saved. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that, although if you do disable cookies from your browser you may not be able to access certain sections of the Site. Learn more about Cookies, including how to refuse Cookies on your computer or device by adjusting your browser or device settings, at: www.allaboutcookies.org/cookies
Security
We strive to protect the privacy of the information that you share with us. We have undertaken reasonable efforts to implement security measures designed to protect all data we collect against unauthorized access. We utilize the industry standard security measures available through your browser or device, so that it is unlikely that your information can be read as it travels over the Internet. We also implement measures to protect your personal information off-line.
Because the internet is inherently insecure and no information system is 100% secure and even the most secure system can be compromised, we cannot guarantee security. As such, the Academy cannot ensure or warrant the security of any information that you submit to us via the Site, including without limitation personally identifiable information, and you do so at your own risk.
Other Sites
The Site may contain links and pointers to other websites on the Internet that may be maintained by third parties. Such links are not controlled by the Academy and do not constitute an endorsement by the Academy or its affiliates. The Academy and its affiliates do not control, and are not responsible for, the availability, accuracy, or currency of such third-party websites or any information, content, products or services accessible from such third-party websites. Once you leave the Site and go to another website, please be aware that those websites may have terms and conditions and privacy policies that differ from the provisions provided herein. The Academy recommends that you review the privacy policy and terms and conditions of those websites prior to use. The Academy is not responsible for, and expressly disclaims any and all liability related to actions of such linked websites, their terms and conditions or the content of such websites.
Minors
This Site is directed toward and designed for use by persons aged 18 or the age of majority in the jurisdiction in which you reside. We will not establish or maintain accounts for any person that we know to be under the age of 18. We do not solicit or knowingly collect personally identifiable information from persons under the age of 18. If we nevertheless discover that we have received personally identifiable information from an individual who indicates that he or she is, or that we otherwise have reason to believe is, under the age of 18, we will promptly delete such information from our systems. Additionally, a child’s parent or legal guardian may request that the child’s information be deleted from our files by contacting our Privacy Compliance Officer as set forth above.
ACADEMY FOR THE LOVE OF LEARNING, INC.
TERMS AND CONDITIONS OF USE
Last Update: 5/31/2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS AND CONDITIONS OF USE AND OUR PRIVACY POLICY FORM AN AGREEMENT BETWEEN YOU AND THE ACADEMY THAT GOVERNS YOUR USE OF THIS WEBSITE. BY USING THIS WEBSITE, YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS OF USE. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this website after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. We will post a notice here when we make material changes to these terms and conditions. If at any time you choose not to accept these terms and conditions of use, please do not use this website.
Scope of Terms and Conditions
This website, www.aloveoflearning.org, and any and all websites and social media sites (“Site”) that we may own and operate now or in the future are owned by the Academy for the Love of Learning, Inc. (the “Academy”,” “we” or “our”). These terms and conditions do not apply to your use of unaffiliated websites to which the Site only links. In addition, if you are registering to use services on the Site or accessed via the Site, you agree to be subject to any rules or guidelines applicable to such services, and such rules or guidelines will be incorporated by reference within these terms and conditions. If you have any questions about the terms and conditions, please email us at info@aloveoflearning.org.
Legal Notices
Academy for the Love of Learning®, Leading by Being®, A Love of Learning®, Learning FieldSM, City that LearnsSM, LifesongsSM, Teacher Renewal SM, EL Otro LadoSM, VentanaSM, and the Academy logo are the Academy’s proprietary trademarks and service marks (the “Trademarks”).
Copyright © 2015, Academy for the Love of Learning, Inc. All rights reserved.
Intellectual Property Ownership
All intellectual property rights in the contents of the Site, publications, assessment resources, digital library, graphics, blogs, and all other property on the Site or our social media sites (the “Content”) are owned by the Academy or its licensors. Our rights in and to the Content are protected by national and international copyright, trademark, and other intellectual property laws and treaties. The extent of your license to use the Content on the Site is limited to your own personal use. Your commercial use of the Content is strictly prohibited. We reserve the right to revoke your license and terminate your access rights to the Site with or without notice to you at any time for any reason, including, but not limited to, your express violation of the limited license provided to you.
Special Terms and Conditions Applicable to Academy Programs
Program Registrations
Registration is not complete until accepted by the Academy. The Academy reserves the right to deny registration to any applicant for any reason not prohibited by law. The Academy does not practice or allow discrimination on the basis of gender, sexual orientation, age, race, color, national or ethnic origin, religion, or physical handicap or disability.
Cancellation and Refund Policy
Since workshops fill quickly, it is advisable to sign up as early as possible. In order to reserve a space in our community workshops, we require full payment. Trainings (such as Coming Full Circle and Leading by Being) require a non-refundable deposit.
Should the workshop or training be cancelled, the Academy will either refund your payment in full, or it can be transferred into an Academy credit account.
The Academy for the Love of Learning reserves the right to cancel any program at any time.
If you cancel or change any part of your reservation at least five full days before the start of your workshop(s), your workshop payment or nonrefundable deposit, less a $50-per-workshop processing fee, will be transferred to an Academy non-refundable credit account to be used within one year. (“Five full days” means by 9am Monday before a weekend workshop.)
If you cancel with less than five days’ notice, you forfeit your entire workshop payment or training deposit.
User Postings
In the interactive forums of our Site or on our social media sites, we offer a unique opportunity for you to post and share content. If you have not subscribed to the interactive portions of the Site, this section of these terms do not apply to your use of the Site.
Interactive forum users may download documents, images or other materials (‘content”) posted by other users or post content that they create. By posting content on the Site, you acknowledge that: 1) the content may be available to other users and may be publicly available on our social media sites, 2) that after posting content, you have no control over who downloads the content or how the content will be used by other users, and 3) you expressly agree to such third party use of your content.
Please note that the creator of the content retains complete ownership of the intellectual property rights (including copyright) in the content. By downloading content from the Site, you agree not to infringe upon or misappropriate the intellectual property rights of the content owner. You may only use the download of a document for non-commercial uses and cannot distribute the document without the consent of the owner. At no time are you permitted to remove any copyright or proprietary notices from Site content.
The Academy assumes no responsibility for the accuracy of user content or for any violation of the intellectual property rights of the owner of the documents. The Academy expressly disclaims any and all liability related to the uploading and downloading of content on the Site.
Linking to our WebsiteIf you link to the Site you agree not to:
* create frames around the Site or otherwise alter the Site’s visual presentation;
* imply that aloveoflearning.org or the Academy is endorsing you or your products and services;
* imply an affiliation between you and aloveoflearning.org or the Academy without our prior written consent;
* present false or misleading impressions about our products and services;
* contain, on your website, materials that may be interpreted as distasteful or offensive.
You agree to remove any links you have to the Site upon our request.
Restrictions on Site Use.
You may not access or use, or attempt to access or use the Site, or to take any action that could harm us or any third party, interfere with the operation of the Site, or use the Site in a manner that violates any laws. Without limiting the foregoing, you agree not to:
* impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
* use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
* circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
* engage in unauthorized use of bots, spiders, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
* obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site;
* take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
* upload or otherwise transmit any communication, software, or material that infringes the rights of third parties, contains a virus or is otherwise harmful to our users’ computers or systems; or
* engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgement, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may suspend or terminate your access to the Site for any or no reason at any time without notice.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Policy.
Interactive Forums
We offer a unique opportunity for you to participate in interactive forums and our social media sites. If you have not subscribed to the interactive forum portion of the Site or to social media, this section does not apply to your use of the Site.
An “interactive forum” means any blog, message board, chat room, or similar interactive service appearing on the Site. You must comply with the agreements and instructions that you will find on the Site in order to join or contribute to any interactive forum.
You may not post on any interactive forum any material that is libelous, defamatory, obscene, abusive, invades a person’s privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post or transmit any information, software or other material that contains a virus or other harmful component.
The content of any posting in any interactive forum is solely the opinion of the individual providing such content. We in no way endorse or support the opinions of others, or accept liability for those opinions, nor are any statements made on this Site through the interactive forums ours (unless the statements are actually made by the Academy).
We are not responsible for material appearing in any interactive forum on the Site, except for material signed by an identified representative of the Academy. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.
By posting on the Site, you give (or warrant that the owner of such rights has expressly granted) us the perpetual, nonexclusive right to use your questions, comments, feedback, suggestions, and postings, in their original or edited form, in articles, commentaries, or in any other medium now known or later developed. You also warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for such use.
Your Responsibility for Materials and Academy’s Monitoring Rights
You are solely responsible for materials you provide to the Site (“Materials”) and the consequences of transmitting those Materials. Academy has no obligation to monitor you or any other user’s use of the Site. Academy reserves the right to review and monitor your use of the Site, including without limitation your use of any user ID and/or password in accessing the Site and any Materials Submitted to or revised on the Site, and to remove any Materials that Academy believes in its sole discretion violate these terms and conditions. Academy reserves the right to restrict or terminate your access to the Site, including, without limitation, your access to any or all of the services provided thereunder or your ability to use any Site user ID and/or password, at any time without notice if we believe you have violated these terms and conditions or are likely to violate these terms and conditions. Your sole remedy against Academy in the event of a dispute arising out of these terms and conditions, the Site or your use thereof, is to terminate these terms and conditions by ceasing your use of the Site. In the event of termination of these terms and conditions, Academy may delete and/or store, in its discretion, Materials and data associated with your use of the Site. Academy may also change, suspend, or discontinue any aspect of the publicly available portion of the Site at any time, including the availability of any Site feature, database, or content.
Copyright Infringement Claims
We respect the intellectual property rights of others and expect our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Academy’s Designated Copyright Agent, identified below, with all information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, summarized as follows: (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 copyright 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; (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; and (7) any other materials or information as may be required under the DMCA as amended from time to time or by the U.S. Copyright Office.
Designated DMCA Agent
Pursuant to the Digital Millennial Copyright Act (DMCA), written notification of claimed copyright infringement must be submitted to the Academy Designated Copyright Agent using the following contact information:
Email: info@aloveoflearning.org
Address:
Academy for the Love of Learning, Inc.
133 Seton Village Road
Santa Fe, NM 87508
Passwords
You are responsible for maintaining the confidentiality of your user ID and password, if any. You agree to notify us as soon as you discover any unauthorized use of your password.
User Representations
By using or accessing the Site or Submitting your Materials, you (1) represent and warrant that you own or otherwise control all of the rights to your Materials necessary to grant the licenses granted in these terms and conditions, including, without limitation, all the rights necessary for you to submit the Materials, and have all right, power and authority to enter into these terms and conditions and to fully perform hereunder, (2) represent and warrant that your use of the Site, Site content and/or Materials does not and will not violate or infringe any third party right, including but not limited to any third party intellectual property right, right of publicity or privacy, right of trade secret or confidentiality, or contractual right, or violate these terms and conditions, the Privacy Policy, or any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject, (3) represent and warrant that you will comply with all applicable laws, contracts and/or agreements, at your sole expense and liability, in connection with your use of or access to the Site, (4) represent and warrant that you will only submit and use Materials that may be used in accordance with the licenses you have granted herein and (5) agree that Academy shall not be liable to you or any third party for accepting or not accepting your Materials or for deleting or not deleting your Materials, in whole or in part.
Disclaimers
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER THE ACADEMY NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF USE OF THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE DO NOT WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, THE STORE).
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00.
Indemnity
You agree to defend, indemnify and hold harmless the Academy, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorney fees, that arise with your use of the Site, your posting, downloading or transmission of all communications or material on this Site or from your violation of applicable law.
Children
This Site is not intended for use by persons under the age of 18. If you are under 18, do not use this Site. If parents believe their minor children have accessed this Site and provided their personally identifiable information, please contact us at info[at]aloveoflearning.org.
Governing Law
These terms will be governed by and construed in accordance with the laws of New Mexico, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the New Mexico courts and you consent to the jurisdiction of these courts.
Injunctive Relief
In the event you breach or threaten breach of this Agreement, you acknowledge and agree that the Academy will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
Miscellaneous
If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions of Use and our Privacy Policy comprise the entire agreement between you and the Academy relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to: info@aloveoflearning.org.