The following are the terms and conditions (“Terms”) that govern your use of the Alpha Public Schools (“Alpha”) Personal Leadership Training website (“Site”) and the Site’s contents, including but not limited to videos, audio, text, photographs, tutorials, written training instructions, blog posts, design, graphics and all other content, documents and materials available on or within the Site (“Contents”). If you are under eighteen (18) years of age or a minor in the jurisdiction in which you reside, you must have the permission of and be under the direct supervision and control of your parent or guardian at all times when using the Site, and you must have your parent or guardian read and agree to these Terms before you use the Site.
By accessing or using the Site in any way, you expressly agree to be bound by the Terms and all other policies, rules and notices posted on the Site as well as comply with all applicable laws and regulations governing your use of the Site. All such policies, rules and notices posted on the Site are hereby incorporated by reference into these Terms. If you do not agree to be bound by these Terms, you must not access or use the Site.
Alpha reserves the right to change these Terms or any other policies, rules, or notices posted on the Site at any time at its sole discretion. Your continued use of the Site after such changes have been posted constitutes your express acceptance of such changes. You are responsible for regularly reviewing these Terms. You agree to use the Site and any third party sites that are accessible through the Site only for lawful purposes. If you breach any of the Terms, your authorization to use the Site automatically terminates, and you must immediately destroy any documents or materials you obtained from the Site in violation of the Terms.
Once a year, free of charge, California residents may request and obtain certain information regarding a business’s disclosure of certain types of personal information to third parties for the third parties’ direct marketing purposes in the preceding calendar year. Alpha does not disclose its users’ personal information to third parties for the third parties’ direct marketing purposes.
Alpha does not knowingly collect any personal information from any child under eighteen (18) years of age without the consent of the child’s parent or guardian or knowingly market to any child under eighteen (18) years of age, except as permitted by law. If Alpha discovers that a child under eighteen (18) years of age has submitted personal information to the Site without written consent from his or her parent or guardian, Alpha will delete the information in accordance with applicable law.
You acknowledge and agree that any messages, questions, comments, documents, materials or other information that you email, upload, submit or otherwise voluntarily provide to Alpha through the Site are not confidential. You hereby waive all rights including but not limited to any privacy or infringement rights you may have with respect to such information. Alpha shall be entitled to the unrestricted use of such information for any lawful purpose without providing any notice or compensation to you. You agree that Alpha is not liable to you for any loss or corruption of any such information. Alpha takes reasonable security measures to protect user information, but no online security system is 100% secure, faultless or impenetrable. Alpha cannot guarantee the security of the Site or that the information you provide through the Site will not be intercepted online.
You are only permitted to use or access the Site if the following conditions are met:
Individuals who violate these Terms may be subject to civil and/or criminal penalties.
The Site does not sell or carry advertising for third parties or target advertising in any way. The Site does not sell user information, and the Site will not disclose user information to third parties except as required by law, as necessary to protect Alpha’s legal interests, enforce these Terms or to investigate, prevent, or take action regarding a potential violation of these Terms or an illegal activity, or in situations involving threats to any person’s safety.
The Site and all its Contents are copyrighted by Alpha unless otherwise indicated. All intellectual property rights in and to the Site are owned by Alpha, and Alpha reserves all rights with respect to the Site and its Contents unless these Terms expressly provide otherwise. Nothing in or on the Site or its Contents shall be construed as granting any license under Alpha’s intellectual property rights to any person or entity, whether by estoppel, inference or otherwise.
If you download or copy of any of the Contents, you must not delete, erase, modify or remove any logos or notices including but not limited to copyright notices from the item(s) you download or copy, or assist another in doing so.
The “Alpha Public Schools” logo and all other Alpha logos, trade dress and titles displayed on or in the Site are Alpha trademarks or services marks. All other company names, products, trade dress, logos or other trademarks on or in the Site or its Contents are the trademarks or services marks of their respective owners. Nothing contained in these Terms or on or in the Site or its Contents shall be construed as granting any license or right relating to any trademarks or service marks displayed on the Site without Alpha’s prior written consent and/or the consent of other trademark owners, as applicable.
The Site and its Contents contain confidential and proprietary information. Alpha reserves all rights including all copyright, trade secret, patent and other rights in and to the Site and its Contents unless expressly provided otherwise herein. Any unauthorized use of the Site or its Contents may violate copyright, trademark, patent, and/or other intellectual property laws or these Terms.
(A) DISCLAIMER OF WARRANTIES
THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ALPHA DOES NOT WARRANT OR REPRESENT THAT THE SITE, ITS CONTENTS, OR ANY THIRD PARTY WEBSITE OR CONTENT REFERENCED OR LINKED ON OR IN THE SITE WILL BE UNINTERRUPTED OR FREE OF INACCURACIES, ERRORS, MISTAKES, VIRUSES OR OTHER HARMFUL ELEMENTS.
(B) LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, ALPHA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, LOSS FROM PROSPECTIVE ECONOMIC ADVANTAGE OR ANY OTHER DAMAGES ARISING FROM THE USE, MISUSE, OR INABILITY TO USE OF THE SITE, OR ITS CONTENTS OR SOFTWARE THEREIN, REGARDLESS OF WHETHER ALPHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE SITE AND ITS CONTENTS ARE INTENDED SOLELY FOR INFORMATIONAL PURPOSES. YOU AGREE THAT YOUR USE OF OR ACCESS TO THE SITE AND ITS CONTENTS WILL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT PARTICIPATION IN MARTIAL ARTS AND/OR OTHER FITNESS ACTIVITIES POSES INHERENT RISKS, WHICH MAY INCLUDE INJURY, PROPERTY DAMAGE, DEATH OR DISMEMBERMENT. WITH FULL KNOWLEDGE OF THOSE RISKS, YOU AGREE THAT IF YOU OR YOUR CHILD PARTICIPATE IN ANY ACTIVITY DESCRIBED, SHOWN, DEPICTED OR VIEWED ON OR IN THE SITE OR ITS CONTENTS, YOU SHALL ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATION IN SUCH ACTIVITY AND AGREE TO VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS, ALPHA AND ALPHA PERSONNEL FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, CAUSES OF ACTION OR RIGHTS OF ACTION FOR ANY INJURY, DEATH OR PROPERTY DAMAGE RESULTING FROM YOUR OR YOUR CHILD’S USE OF OR ACCESS TO THE SITE OR ITS CONTENTS OR PARTICIPATION IN SUCH ACTIVITIES. THIS WAVIER IS BINDING ON YOUR ASSIGNS, SUCCESSORS, HEIRS, SPOUSE, PARENTS, ADMINISTRATORS, GUARDIANS, INSURERS AND LEGAL REPRESENTATIVES.
You shall, to the fullest extent permitted by law, indemnify, defend and hold harmless Alpha, its schools, affiliates, officers, directors, agents, consultants, employees, attorneys, volunteers, representatives, partners, successors and assigns (collectively hereinafter referred to as Alpha and Alpha Personnel) from and against any and all claims, suits, actions, demands, losses, costs, penalties, obligations, errors, omissions, or liabilities, including legal costs, attorney’s fees, and expert witness fees, whether foreseeable or not and whether or not suit is actually filed and/or any judgment rendered against Alpha and/or Alpha Personnel, that may be asserted or claimed by any person, firm or entity arising out of: 1) your use of or access to the Site or any its Contents; 2) your violation of the Terms; or 3) your violation of any rights of another person or entity. This indemnity and hold harmless provision shall exclude actions arising solely out of the negligence or willful misconduct of Alpha and/or Alpha Personnel. Your obligation to defend Alpha and Alpha Personnel and the other indemnities identified herein are not contingent upon there being an acknowledgement or determination of the merit of any claims, demands, actions, causes of action, suits, losses, liability, expenses, penalties, obligations, errors, omissions and/or costs. The obligation to indemnify, defend and hold harmless Alpha and Alpha Personnel will survive termination of these Terms and your use of or access to the Site.
Alpha may terminate, restrict or suspend your permission to use or access the Site or any of its contents at Alpha’s sole discretion and without notice. Alpha may destroy personal information associated with an account after cancellation or termination of the account. You agree that Alpha is not liable to you or any third party for any termination of your account(s) or access to the Site. Alpha reserves the right to seek any and all remedies available at law and in equity for any violation of the Terms.
You may contact Alpha at:
Alpha Public Schools
2110 Story Road, Suite #250
San Jose, CA 95122
The Site, with the exception of third party links, is owned and controlled by Alpha in the State of California in the United States of America. By accessing or using the Site, you agree that your use and access to the Site is governed by the laws of the State of California, without regard to the conflicts of laws principles thereof. You agree to comply with all applicable laws, including but not limited to all applicable export and import regulations of the United States and other countries. The sole jurisdiction and venue for any claim arising from the Site, its Contents or these Terms shall be the state and federal courts located in, or serving, Santa Clara County, California, and you hereby consent to the exclusive jurisdiction and venue of such courts. To the maximum extent allowed by applicable law, you hereby irrevocably waive the right to bring any claim, action, or suit against Alpha unless you provide Alpha with written notice of the event or facts giving rise to the claim, action, or suit within one (1) year of their occurrence.
Except where prohibited by applicable law, all disputes arising under the Terms shall be resolved exclusively through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Alpha may seek any interim or preliminary relief from a court of competent jurisdiction in California, necessary to protect its rights or property pending the completion of arbitration.
The Terms along with any other policies, rules and notices posted on the Site, constitute the entire agreement between you and Alpha with respect to the Site and its Contents and supersedes all prior discussions, negotiations and agreements, whether oral or written. Should any provision of the Terms be determined to be invalid, illegal or unenforceable in any respect, such provision shall be severed, and the remaining provisions shall continue as valid, legal and enforceable. The captions contained in the Terms are for convenience only and shall not in any way affect the meaning or interpretation thereof nor serve as evidence of the interpretation thereof, or of the intention of the parties hereto. The waiver by any party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition contained herein. The Terms and any rights granted under these Terms may not be transferred or assigned by you but may be assigned by Alpha without restriction. The Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns.