Thrival World Academies Terms of Service
Effective Date: January 2017
Welcome and thank you for your interest in Thrival World Academies. Thrival is a network of study abroad public high schools that seeks to provide students from underserved communities access to personalized and culturally immersive education abroad.
These Terms of Service are a legally binding agreement between you and Thrival World Academies. Sometimes Thrival World Academies is referred to as “Thrival,” “we,” “us,” or “our.” These Terms of Service apply to all services, products, and content offered by Thrival on its website (the “Site”) located at www.thrivalacademies.org (together with the Site, the “Services”). We urge you to read these Terms carefully.
You must be at least 13 years of age to register to use the Services. If you are under the age of 13, you may not register to use the Services. If you are the parent or legal guardian of a child under the age of 13, you may register to use the Services on behalf of such minor child. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these Terms, do not register to use the Services.
ACCOUNTS AND REGISTRATION
To enjoy the full scope of the Services that we provide, you may be asked to register for an account. As part of the registration process you may be asked to provide personal information such as your name and e-mail address (collectively, “Personal Information”). You agree that any Personal Information that you provide will be accurate and that you will keep such Personal Information accurate and up to date. You may also be asked to create a username and password (“Credentials”) to access the Services. You agree to keep your Credentials private and promptly notify us at email@example.com if you believe that the confidentiality of your Credentials has been compromised in any way. You agree to accept responsibility for all activities that occur in connection with the use of your Credentials.
By using the Services you agree not to:
- Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
- Use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services;
- Attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means;
- Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
- Accumulate or index, directly or indirectly, any Material or portion of the Services for any purpose whatsoever; “Material” means text, graphics, images, photographs, video, audio, information and other materials provided, made available or otherwise found through the Services; or
- Attempt to do any of the foregoing in this Section 3, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 3.
OWNERSHIP; PROPRIETARY RIGHTS.
The Services are owned and operated by Thrival. The Materials provided by Thrival to you are protected by all relevant intellectual property and proprietary rights and applicable laws. As between you, Thrival and Thrival’s licensors, Thrival or its licensors own and retain all rights in the Materials. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Materials and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Materials. The Thrival name and logo are trademarks of Thrival, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Thrival. Thrival reserves all rights to the Materials not granted expressly in these Terms.
LINKS TO OTHER SITES
The Services may include links to other third party websites or applications through which you may interact, connect with or to, and share certain Materials and any Personal Information included in your personal profile to such third party website or application, as applicable. Some of these third party websites or applications may contain contents or materials that are objectionable to you, inaccurate or unlawful. These links are provided to you for your convenience only and we do not control, maintain or endorse any such third party websites or applications. You expressly acknowledge and agree that Thrival is in no way responsible or liable for the content or accuracy of these third party websites or applications, or services or features provided therein.YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Modifications to this Site
Thrival reserves the right to modify, suspend, discontinue or restrict our Services, including the availability of any portion of the Services at any time, with or without notice to you. Thrival shall not be liable to you or any third party should we exercise our right to modify or discontinue the any Services.
Updates to these Terms
Please note that these Terms may change from time to time. We encourage you to periodically review our Terms for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, any changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Services. All other changes are effective upon publication of the changed Terms. Each version of these Terms may be identified by its effective date. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.
Our Services are designed for and intended for users in the United States. Thrival makes no representation that its Services are appropriate or available for use in locations outside of the United States. Accessing the Services is prohibited from territories where such access is illegal. If you access our Services from any location outside the United States, you do so of your own initiative and are responsible for compliance with local laws.
You agree to indemnify and hold Thrival and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the ‘Thrival Entities”) harmless from and against any and all liabilities, damages, demands, claims, causes of action, fines, or penalties (including, without limitation, court costs and reasonable attorneys’ fees) arising out of or related to (1) your failure to fulfill any of your obligations under these Terms, (2) any Materials or information you submit, post, contribute, or otherwise transmit through the Site, or (3) your (or anyone using your account’s) violation of the rights of any other person or entity, including without limitation any right of publicity or privacy or any intellectual property right.
Disclaimer of Warrantees
TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THRIVAL EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES, INCLUDING HARDWARE OR SOFTWARE FAILURES; INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS; TECHNICAL INACCURACIES; UNAUTHORIZED ACCESS; AND TRANSMISSION OF PERSONAL INFORMATION BY THIRD PARTIES.TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, THE THRIVAL ENTITIES DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES AND CONTENT PROVIDED BY OR LINKED TO THE SITE. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THRIVAL DOES NOT WARRANT THAT OUR SITE’S CONTENT IS ACCURATE, COMPLETE, OR CURRENT; THAT IT WILL CORRECT DEFECTS; THAT ITS SERVICE WILL OPERATE WITHOUT ERROR; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE.
Limitation of Liability
In no event shall the Thrival Entities be liable for any damages, including, without limitation, indirect, incidental and consequential damages, personal injury, wrongful death, lost profits, or damages resulting from your use of the Site or the Services or lost data or business interruption, resulting from the use of or inability to use the Site or the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Thrival is advised of the possibility of such damages in advance. Thrival shall be liable only to the extent of actual, direct damages incurred by you, not to exceed $10 USD. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arises, or it will be barred forever. To the extent that any jurisdiction does not allow the exclusion or limitation of indirect, incidental, or consequential damages, portions of the above limitation or exclusion may not apply.The Thrival Entities further specifically disclaim liability for unauthorized interception or infiltration of any data that you submit to the Thrival Site and for misappropriation of such data by third parties.
Any express waiver or failure to exercise promptly any right under the Terms in any particular circumstance does not constitute a waiver of its right to enforce the Terms in any other circumstance, in any similar circumstance, or in any continuation or repetition of the circumstance in connection with which it has not previously enforced its right. If any part, term, or provision of these Terms will be held void, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over these Terms, the validity of the remaining portions or provisions will not be affected hereby.
The Terms, the rights and obligations hereunder, and any claims or disputes relating thereto, will be governed by and construed in accordance with the laws of California without regard to the principles of conflicts of laws. Any claim, suit, or action arising under or relating to the Terms may be brought only in courts located within San Francisco County, California. The parties hereby agree that such courts will have exclusive personal and subject matter jurisdiction over any such claim, suit, or action. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION TO ENFORCE OR DEFEND ANY RIGHT UNDER THE TERMS OR ARISING FROM ANY RELATIONSHIP EXISTING IN CONNECTION WITH THESE TERMS, AND AGREE THAT ANY ACTION WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on our Site regarding any change in ownership so that you have the opportunity to discontinue your use of our Site or cancel your registered accounts if you opt not to continue using the Site or Services under their new ownership. You may not assign this contract to any one else.
These Terms constitute the entire agreement between you and Thrival relating to this subject matter, and cancel and supersede any prior versions of the Terms.
The Services hereunder are offered by Thrival World Academies, located at 2845 64th Ave, Oakland, CA 94605. You may contact us by sending correspondence to 367 Newton Avenue Oakland, CA 94606 or by emailing us at firstname.lastname@example.org. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.