We reserve the right, at any time, with or without cause, to:
- change the terms and conditions of this Agreement;
- change the Services, including eliminating or discontinuing any information or other feature of the website; or
- deny or terminate your use of and/or access to the Services.
Any change(s) we make will be effective immediately upon our making such change(s) available on the Services or otherwise providing notice thereof. You agree that your entering, re-entering, or continuing to use the Services thereafter constitutes your acceptance of such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
Permitted Use of Services and Information
You agree not to use the Services to take any action(s) that:
- are contrary to ASF’s public image, goodwill or reputation or otherwise not in furtherance of our mission;
- infringe on ASF’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- express or imply that any of your statements, activities or causes are approved or endorsed by us, without our prior written consent in each instance;
- violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- transmit any trade secret or other material, nonpublic information about any person, company or entity without the authorization to do so;
- restrict or inhibit any other visitor from using the Services including, without limitation, by means of hacking or defacing any portion of the Services;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services;
- remove any copyright, trademark, or other proprietary rights notices contained in or on the Services;
- sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Services, or any portion thereof, in any manner whatsoever;
- “frame” or “mirror” any part of the Services Without our prior written authorization;
- distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of ASF or its licensors or suppliers;
- involve the preparation or distribution of junk mail, spam, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents, authentication and security measures;
- execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Services servers or any data not intended for you;
- harvest or collect information about the Services visitors or members without their express consent; and/or
- relate to political candidate campaigns or advertising or fundraise for, assist, support, or oppose candidates for public office.
Any such improper use of the Services may result in termination of your access to and use of the Services(See “Term and Termination” below. This may also result in civil and/or criminal liabilities.
Integration with Third Party Services
If you are using the Services combined, integrated, or used with
third party products, software applications, or websites (including but not limited to PayPal), you
agree that: (i) you may be required to enter into a separate license agreement with the
relevant third party owner or licensor for the use of their third party services, and (ii) ASF cannot guarantee that the Services shall always be available on or in connection with such third party services.
The Services are owned and operated by ASF and its licensors, and the Services (and any intellectual property and other rights relating thereto) are the property of ASF and its licensors and suppliers. The Services are protected by U.S. copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. The Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by ASF or, if so indicated in writing by ASF, its licensors or suppliers. Use of the Services for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using any Services.
The trademarks, logos, and service marks displayed on the Services(collectively, the “Trademarks”) are trademarks of ASF. Nothing contained in this Agreement or the Servicesshould be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of ASF, ASF licensors or suppliers, or the third party owner of any such Trademark.
You hereby affirm that you are at least 13 years of age, as these Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Servicesunless you further affirm that you either: (i) are an emancipated minor, or (ii) possess legal parental or guardian consent.
You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
ASF does not knowingly collect data from children. In accordance with the U.S. Children’s Online Privacy Protection Act (COPPA), we do not knowingly request or solicit personally identifiable information(PII) from anyone under the age of 13In the event that we receive actual knowledge that we have collected such PII without the requisite legal parental or guardian consent, we will delete that information from the Servicesas quickly as reasonably practicable.
Term & Termination
This Agreement is effective from the date that you first access the Services or submit any information to ASF, whichever is earlier, and shall remain effective until terminated in accordance with its terms. ASF may immediately terminate this Agreement, and/or your access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all ASF rights of ownership shall survive any termination.
We reserve the right at any time to modify, discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any part or portion thereof. Nothing in this Agreement shall be construed to obligate ASF to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.DisclaimersTHE SERVICES ARE, PROVIDED “AS IS” WITHOUT EXPRESS WARRANTIES OF ANY KIND, AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICESARECURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER CALIFORNIA LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SERVICES, OR YOUR USE OF THE SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICES, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICES, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SERVICESEITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER ASF NOR ANY OF ITS AFFILIATES, LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DIMINUTION IN VALUE, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICES, ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THESE SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THESERVICES, OR LINKED WEBSITE, AS APPLICABLE. ASF’S SOLE AND MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THESERVICES, SHALL BE THE TOTAL OUT-OF-POCKET AMOUNT ACTUALLY PAID TO ASF BY YOU FOR USE OF THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, ASF’s liability will be limited to the fullest extent permitted by applicable law.
You agree to fully indemnify, defend, and hold ASF, our affiliates, licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you transmit to the Services infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; and/or (d) your willful misconduct or gross negligence.
Choice of Law
The Service are managed in the State of California, United States of America, and the Services are solely directed to individuals residing in the United States and Mexico. ASF makes no representation that the Services operate (or is legally permitted to operate) in all geographic areas, or that the Services are available for use in other locations. You agree and acknowledge that you access the Services on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws in your jurisdiction. You agree to submit to the exclusive jurisdiction of any California State or Federal court located in San Diego, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any delay or failure by ASF to enforce any provision hereof shall not affect ASF’s right at a later time to enforce such provision. No delay or failure by ASF in exercising any right in this agreement shall constitute a waiver of such right or any other rights in this agreement. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by ASF as provided herein or otherwise by written instrument signed by a designated agent of ASF. ASF may assign, transfer, or delegate this Agreement or any right or obligation or remedy at its sole discretion.
Questions & Concerns
Please contact us if you have any questions about our Terms.
(ASF) Advancing Students Forward
P.O. Box 142
Chula Vista, CA 91912
Effective: August 26, 2019