These Terms of Use and the Privacy Statement are an agreement that govern your use of BASIS Charter Schools, Inc. Site (the “Site”). Additional terms and conditions of use applicable to specific areas of the Site may also be posted on the Site. These Terms of Use, the Privacy Policy and any additional terms posted on the Site are referred to as the “Agreement”. By accessing and using the Site, you acknowledge that you have reviewed and agree to be bound by this Agreement in connection with your use of the Site. BASIS Charter Schools, Inc. reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you. BASIS Charter Schools, Inc. reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Site or to change, suspend or discontinue all or any aspect of the Site, including the availability of any feature, database, information or content, at any time and without prior notice or liability. You are not authorized to use this Site in any jurisdiction where the terms of this Agreement are not enforceable.
Content – The Site includes articles and information which we believe will be of interest to our users. Some of the articles and information have been developed by BASIS Charter Schools, Inc. Other articles and information are provided by third-party sources. We cannot ensure that information provided on the Site is accurate, exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. You are solely responsible for use of and reliance on this information. Information, software, text, photographs, graphics, links and other material (collectively, the “Content”) provided on the Site are protected by copyright, trademark or other proprietary rights of BASIS Charter Schools, Inc. or of third parties. BASIS Charter Schools, Inc. grants you a limited nonexclusive license to use the information on the Site for your personal and noncommercial use. You may download or copy the Content for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission. Otherwise, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law.
Registration – To use portions of the Site, you must be registered and provide personal data including contact information. You agree to provide true and accurate information in connection with your registration and to promptly notify us of any changes in the registration information. This Site is not intended for use by persons under the age of 18. You are fully liable for all use of the Site accessed through your registration information, including any use by a user not authorized by you who accesses the Site using your registration information. You should promptly notify us of any unauthorized use of your registration information or other breach of security.
Contacts with Other Sites – BASIS Charter Schools, Inc. may include or provide links on the Site to other sites on the Internet, which may include information, opinions or recommendations of various individuals, organizations or companies. In providing such links, we do not represent to you that we have investigated the content of such information, opinions or recommendations, and do not warrant or guarantee the accuracy of such information or necessarily endorse any such opinions, recommendations, sites, individuals, organizations or companies. You acknowledge and agree that BASIS Charter Schools, Inc. has no control over such sites and is not responsible for the availability of such external sites. You should contact the site administrator or webmaster for other sites if you have any concerns regarding such links or the content located on such other sites.
Exchange of Information – In connection with using the Site, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. BASIS Charter Schools, Inc. does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.
Disclaimer of Warranties and Limitation of Liability – YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU; AS IS, AS AVAILABLE; BASIS Charter Schools, Inc. AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BASIS Charter Schools, Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL BASIS Charter Schools, Inc. OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1) THE USE OR INABILITY TO USE THIS SITE AND ITS CONTENT; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE SITE; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF BASIS Charter Schools, Inc. IS ADVISED OF THE POSSIBILITY THEREOF. IF YOU BECOME DISSATISFIED WITH THIS SITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND BASIS Charter Schools, Inc. AND THE SITE WOULD NOT BE PROVIDED FREE OF CHARGE WITHOUT SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BRIGHTSPOT, ITS AFFILIATES, AGENTS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification – You agree to indemnify, defend, and hold BASIS Charter Schools, Inc. harmless from and against any and all claims from third parties arising out of or in any way related to and any and all claims, losses, damages and expenses (including attorneys’ fees) resulting from your use of the Site or breach of these terms and conditions, regardless of the form of action. You agree that any supplier of any portion of the Content shall be entitled to enforce its rights against you as though that supplier is a party to these terms and conditions.
General Terms – This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of Arizona governing contracts wholly entered into and wholly performed within Arizona and any action to enforce these terms and conditions or in any manner related to BASIS Charter Schools, Inc. shall be brought exclusively in the federal or state courts located in Phoenix, Arizona and you agree to submit to the jurisdiction of such courts.
This Agreement constitutes the entire agreement between you and BASIS Charter Schools, Inc. with respect to the Site, and supersedes all previous written or oral agreements with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Site, the terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.