Please Read These Terms Carefully Before Using This Site
New Vistas School, LLC (“New Vistas”) provides this website (the “Site”), subject to the following Terms and Conditions of Use, which may be updated by us from time to time without notice. This Site provides you with certain services, including but not limited to, access to information about the services offered by New Vistas. Use of this Site and the services are subject to the Terms and Conditions of Use and all applicable laws. By using the Site, you agree to abide by all of the terms and conditions set forth in this notice. Unless stated otherwise, any new services and materials added to this Site also will be covered by these Terms and Conditions of Use.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE. YOUR ACCESS AND USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.
Subject to the terms and conditions set forth in this Agreement, New Vistas grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. New Vistas authorizes you to view and download the information (“Materials”) at this Site only for your individual use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose (other than for your own benefit); and 3) you must not transfer the Materials to any other person. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.
This Site, including all Materials, is copyrighted and protected by worldwide copyright, trademark and intellectual property laws and treaty provisions. You agree to comply with all such laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, New Vistas does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. New Vistas School and the New Vistas School logo are service marks/trademarks of New Vistas School, LLC.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THIS SITE AND THE SERVICES AND MATERIALS PROVIDED AT THE SITE ARE AT YOUR SOLE RISK, AND (2) THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. NEW VISTAS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, SERVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE MATERIAL OR ANY OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
NEW VISTAS RESERVES THE RIGHT, IN THEIR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. WE USE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE INFORMATION. WE RESERVE THE RIGHT, HOWEVER, TO MAKE CORRECTIONS AND/OR CHANGES SHOULD THIS INFORMATION PROVE TO BE INACCURATE. NEW VISTAS MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE SERVICES, INFORMATION AND MATERIALS ON THE SITE AS WELL AS ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES. THEREFORE SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NEW VISTAS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES, COSTS OR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM: (i) YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR MATERIALS, OR (ii) OBTAINING SUBSTITUTE PRODUCTS AND/OR SERVICES, OR (iii) THE USE OF ANY DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR (iv) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR (v) ANY OTHER MATTER RELATED TO THE SITE, THE SERVICES OR MATERIALS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Third Party Sites
External Links to the Site
All link to the Site must be approved in writing by New Vistas, except that New Vistas consents to links in which: (i) the link is a text-only link containing only the name “New Vistas School.”, (ii) the link “points” only to www.newvistasschool.org and not to deeper pages: (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by New Vistas nor be such as to damage or dilute the goodwill associated with the name and service marks/trademarks of New Vistas School. New Vistas reserves the right to revoke this consent to link at any time in its sole discretion.
There is always the possibility of unknowingly acquiring computer viruses on the Internet and thus we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. New Vistas are not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to this Site. You, and not New Vistas, assume the entire cost of all necessary servicing, repair, or correction related to computer viruses.
This Site may include bulletin boards, social networking and chat rooms (“Bulletin Boards”) or links to such sites, which allow feedback to New Vistas and real-time interaction between users. New Vistas does not control the messages, information or files delivered to Bulletin Boards. It is a condition of your use of the Bulletin Boards and this website that you do not:
restrict or inhibit any other user from using and enjoying the Bulletin Boards;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
post or transmit any virus or any information, software or other material which contains a virus or other harmful component;
post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising;
You understand that New Vistas has no obligation to monitor the Bulletin Boards. However, New Vistas reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in New Vistas School’s sole discretion are objectionable or in violation of these Terms and Conditions of Use.
Notices from New Vistas to you regarding your use of the Site, the Services and Materials will be made by e-mail or regular mail, in the sole discretion of New Vistas, unless otherwise required by law or contract.
New Vistas reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use in whole or in part, at any time without notice; you should periodically revisit this Site to review the current terms and conditions by which you are bound. Changes in these Terms and Conditions of Use will be effective when posted. Your continued use of the Site, the Services and Materials after any changes to these Terms and Conditions of Use are posted will be considered acceptance of the changes.
New Vistas may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice. New Vistas may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. New Vistas may terminate the authorization, rights and license given above.
The Terms and Conditions of Use constitute the entire agreement between New Vistas and you in connection with your use of this Site, the Services and the Materials. Any cause of action you may have with respect to your use of this Site, the Services or the Materials must be commenced within one (1) year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of the Terms and Conditions of Use shall continue in full force and effect. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms and Conditions of Use will survive.
The Terms and Conditions of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Site and in other contracts that you may have executed with New Vistas.
International Users and Choice of Law
This Site is controlled, operated and administered by New Vistas from its offices within the United States of America. New Vistas makes no representation that materials at this Site are appropriate or available for use at other locations outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from a location outside the United States, you are responsible for compliance with all local laws.
This Agreement constitutes the entire agreement between New Vistas and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must commence within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.