POLICY PURPOSE AND OBJECTIVESThis Terms of Use Policy governs your use of Marin Horizon School’s website (the “Web Site”). The Marin Horizon School Web Site is comprised of various Web pages operated by Marin Horizon School (“MHS” and “we” or “our”). The Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Marin Horizon School Web Site constitutes your agreement to all such terms, conditions, and notices. If you violate this Terms of Use Policy, we reserve the right, without prior notice to you, to take the appropriate action we deem warranted, which may include denying you access to password-protected portions of the Web Site.
MODIFICATION OF THESE TERMS OF USE
Marin Horizon School reserves the right to amend this Terms of Use Policy and to change the terms, conditions, and notices under which the Web Site is offered. When changes are made, we will make the revised version available on this webpage, and will indicate at the bottom of this page the date that revisions were last made.
USE OF THE WEB SITE
No Unlawful or Prohibited Use
As a condition of your use of the Marin Horizon School Web Site, you warrant to Marin Horizon School that you will not use the Marin Horizon School Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Marin Horizon School Web Site in any manner which could damage, disable, overburden, or impair the Marin Horizon School Web Site or interfere with any other party's use and enjoyment of the Marin Horizon School Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Marin Horizon School Web Sites.
USE OF WEBSITE INFORMATION
Information provided on the Web Site, including but not limited to the online directory accessible to registered users and MHS staff directory is strictly for your personal school-related use, and may not be shared with third parties. Use of this information for private, commercial, or political mailings and/or distribution to any outside parties is prohibited.
You may download or print material from this Web Site only for your personal and non-commercial use. You may not otherwise modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Web Site in whole or in part without our prior written permission.
USE OF COMMUNICATION SERVICES
The Marin Horizon School Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Disclose another person’s personal information without his or her permission.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain photographs or images of another person, unless you are that person or that person’s parent or legal guardian or have obtained that person’s permission.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Marin Horizon School has no obligation to monitor the Communication Services. However, Marin Horizon School reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Marin Horizon School reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Marin Horizon School reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Marin Horizon School's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Marin Horizon School does not control or endorse the content, messages or information found in any Communication Service and, therefore, Marin Horizon School specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Marin Horizon School spokespersons, and their views do not necessarily reflect those of Marin Horizon School.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MARIN HORIZON SCHOOL OR POSTED AT ANY MARIN HORIZON SCHOOL WEB SITE
Marin Horizon School does not claim ownership of the materials you provide to Marin Horizon School (including feedback and suggestions) or post, upload, input or submit to any Marin Horizon School Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Marin Horizon School and its sublicensees (if any) permission to use your Submission in connection with the operation of the Web Site or any school activities including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Marin Horizon School is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Marin Horizon School's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
YOUR ACCOUNT; RESTRICTED ACCESS
This Web Site includes certain restricted areas and information that are accessible only to members of the Marin Horizon School community. MHS parents, staff, trustees and alumni are provided with a user login and an initial password (which you are required to change). Please do not share your unique login and password. You are responsible for maintaining the confidentiality of your login and password, and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your login or password. You agree to immediately notify MHS of any unauthorized use of your password or login or any other breach of security.
Access to the restricted portions of the Web Site is limited to password holders and access rights vary by user and type of user. For example, parents will have access to the course pages for the classes their children are enrolled in and other pages associated with their class year and other school affiliations. Once you have an account, you may login in to view the restricted portions of the Web Site that are accessible to you and can also manage your profile, mobile alerts, subscriptions and other account information in your account settings.
If you are a member of the Marin Horizon School community and need a user login/password or if you need assistance logging in, please contact us at info@marinhorizon.org.
LIABILITY DISCLAIMER
THE INFORMATION, SERVICES AND FUNCTIONALITY INCLUDED IN OR AVAILABLE THROUGH THE MARIN HORIZON SCHOOL WEB SITE ARE PROVIDED TO YOU ON AN "AS-IS" “AS-AVAILABLE” BASIS AND MARIN HORIZON SCHOOL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, SERVICES AND FUNCTIONALITY AVAILABLE ON THE WEB SITE. THE INFORMATION PROVIDED ON THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE SERVICES AND FUNCTIONALITY MAY NOT ALWAYS WORK OR BE SUBJECT TO INTERRUPTION. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MARIN HORIZON SCHOOL MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MARIN HORIZON SCHOOL WEB SITE AT ANY TIME.
MARIN HORIZON SCHOOL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SERVICES, FUNCTIONALITY AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARIN HORIZON SCHOOL OR ANY OF ITS EMPLOYEES, OFFICERS, TRUSTEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MARIN HORIZON SCHOOL WEB SITE, WITH THE DELAY OR INABILITY TO USE THE MARIN HORIZON SCHOOL WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES, FUNCTIONALITY AND RELATED GRAPHICS OBTAINED THROUGH THE MARIN HORIZON SCHOOL WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MARIN HORIZON SCHOOL WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MARIN HORIZON SCHOOL OR ANY OF ITS EMPLOYEES, OFFICERS, TRUSTEES, AGENTS OR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MARIN HORIZON SCHOOL WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MARIN HORIZON SCHOOL WEB SITE.
TERMINATION/ACCESS RESTRICTION
Marin Horizon School reserves the right, in its sole discretion, to terminate your access to the Marin Horizon School Web Site and the related services or any portion thereof at any time, without notice.
THIRD PARTY LINKS
The Web Site may include links to other websites (including other sites that are framed within the Web Site) that are not owned or controlled by MHS. Because we do not control those websites, we neither endorse nor are responsible for any content, product, advertising and other materials presented on such websites. Your use and access of a third party website is at your own risk, and is subject to the terms and conditions for such website.
COPYRIGHT AND TRADEMARK INFORMATION AND NOTICES
All material on the Marin Horizon School Web Site, including but not limited to written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and animation, is owned by Marin Horizon School or its licensors, and is protected by U.S. and international laws, including laws regarding copyrights and trademarks. Copyright © 2009-2011. All rights reserved.
Marin Horizon School’s logo, name and all custom graphics on the Web Site are service marks, trademarks and/or trade dress of Marin Horizon School, and may not be used in connection with any product or service that is not offered by Marin Horizon School without Marin Horizon School’s written permission.
The names of other companies and products mentioned on the Web Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
GENERAL
To the maximum extent permitted by law, this Terms of Use Policy is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Marin County, U.S.A. in all disputes arising out of or relating to the use of the Marin Horizon School Web Site. Marin Horizon School's operation of the Web Site is subject to existing laws and legal process, and nothing contained in this Terms of Use Policy is in derogation of Marin Horizon School's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Marin Horizon School Web Site or information provided to or gathered by Marin Horizon School with respect to such use. If any part of this Terms of Use Policy is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use Policy shall continue in effect. Unless otherwise specified herein, this Terms of Use Policy, along with Marin Horizon School’s Privacy Policy constitutes the entire agreement between you and Marin Horizon School with respect to the Marin Horizon School Web Site and it supersedes all prior or contemporaneous communications and proposals between you and Marin Horizon School with respect to the Web Site.
CONTACT INFORMATION
If you have any questions or need further information about the Web Site or this Terms of Use Policy, please contact Marin Horizon School at: info@marinhorizon.org or phone 415.388.8408.
REVISIONS LAST MADE: January 6, 2014