- ABOUT THE SERVICES
- AVID is a nonprofit that changes lives by helping schools shift to a more equitable, student-centered approach. AVID trains 80,000 educators annually to close the opportunity gap, so they can prepare all students for college, careers, and life. AVID partners with schools to provide professional development, a suite of resources, and ongoing support to ensure a lasting impact that maximizes student success. AVID’s professional learning programs benefit both beginning and experienced educators. To this end, AVID helps educators reevaluate their beliefs and expectations around student potential and learn and practice activities that transform classrooms and campuses. AVID’s professional learning programs cover all core content areas and all grade levels in topics. AVID offers a variety of classroom activities, lesson plans, professional learning videos, and timely articles that are relevant to students. These tools help educators implement and refine instructional practices. They also help educators provide the key academic and social supports students need to thrive. Schools can utilize AVID’s professional learning modules and materials for in-service training and can access all of these resources year-round. AVID allows users to access training materials through MyAVID on the Website. AVID allows users of its Website to contact AVID with questions or comments, subscribe to the MyAVID portal, and donate to support its mission.
- what information we may collect
- how we use that information
- what third-party information, if any, you are agreeing to share by using the Services; and
- with whom we share that information.
- TERMS APPLICABLE TO THE SERVICES
- Use Restrictions.
- You agree to protect the Services, and their proprietary content, information, and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information, or other materials except as expressly permitted herein or expressly authorized in writing by AVID. Except as specifically permitted herein or expressly authorized in writing by AVID, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share, or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (ii) use the Services in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port, or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; (iv) harvest or scrape any content or data from the Service, or (v) permit any third party to engage in any of the acts described in clauses (i) through (iv).
- You further understand and agree that you are not permitted to: (i) remove or alter any copyright, trademark, or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate, or otherwise reverse engineer any part of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services); (iii) use any means to discover the source code of any portion of the Services; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of AVID and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that AVID is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Services.
- Notwithstanding the foregoing, you may create a plain text hyperlink to the Website provided that neither you nor the link portrays the Website or any of its products and services in a false or disparaging manner or suggests sponsorship, affiliation, or endorsement by or with AVID. AVID may revoke this permission at any time for any reason upon notice to you. You may not “frame,” inline link, or similarly display any Website content, property, goods, services, or materials without AVID’s express written permission. You may not use any AVID copyrights, trademarks, or other intellectual property as part of the link without AVID’s express written permission.
- Third-Party Services and Materials.
- Certain Services may display, include, or make available content, data, forms, information, applications (including payment applications), or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that AVID is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. AVID does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
- In addition, third-party services and Third-Party Materials that may be accessed from, displayed on, or linked to from the Services are not available in all languages or in all countries. AVID makes no representation that any third-party services and Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
- DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
- Disclaimer of Warranties. You are solely responsible for your interactions with other users of the Service. You expressly acknowledge and agree that use of the Services are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the Services (including, without limitation, any Third-Party Materials, third-party software or services) are provided to you on an “as is” and “as available” basis, with all faults and without warranty of any kind, and AVID hereby expressly disclaims all warranties and conditions with respect to the Service (including the use, performance, and support thereof), either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, title or non-infringement of third party rights, interference with enjoyment, completeness, integration, freedom from defects or disabling devices, uninterrupted use, and all warranties implied from any course of dealing or usage of trade. AVID does not warrant that (i) the Services will meet your requirements, (ii) operation of the Services will be uninterrupted or virus- or error-free, (iii) that the Services will operate or be compatible with any other application or any particular system or device, or (iv) defects in the Services will be corrected. Any oral or written advice provided by AVID or its authorized agents will not be deemed to create any warranty. No oral or written information or advice given by AVID or its authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties so some or all of the above exclusions may not apply to you.
- Feedback and Revisions. Any and all (i) suggestions for correction, change, and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to AVID by you (collectively “Feedback”), and all (ii) improvements, updates, modifications, or enhancements, whether made, created, or developed by AVID or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of AVID. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of AVID and AVID may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to AVID any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At AVID’s request, you will execute any document, registration, or filing required to give effect to the foregoing assignment.
- GENERAL PROVISIONS
- Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by AVID hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear weapons, missiles, or chemical or biological weapons. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
This Agreement may be terminated, in whole or in part, by AVID Center without liability upon the occurrence of any circumstance beyond the reasonable control of AVID Center – including, without limitation, acts of God, war, government regulations, orders or declarations of emergency, disaster, epidemics or pandemics such as, but not limited to, those that the U.S. Centers for Disease Control, the comparable authorities in your or AVID Center’s jurisdiction and/or the World Health Organization issue travel alerts or warnings against non-essential travel to Hotel’s location, disease, illness or outbreak in the city where you or AVID Center are located, strikes (except those involving the employees or agents of the party seeking the protection of this clause), civil disorder, or curtailment of transportation facilities or any other condition that creates, or is reasonably expect to create, a significant risk to the health or safety of you or AVID Center or that makes using the System impractical or makes it illegal or impossible to provide (each, a “Force Majeure Event”).