The CDL School, Inc.
WEB SITE TERMS AND CONDITIONS OF USE
Effective as of: September 18, 2011
Copyright and Limited License from the School
- Resell, lease, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;
- Decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;
- Distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;
- Modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
- Use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
- Download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
- Remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
- Create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto; or
- Use the Sites, the Site Materials or the Services other than for its intended purpose.
Repeat Infringer Policy
If you believe that any material on any of the Sites infringes upon any copyright which you own or control, you or your designee, acting as a “Complaining Party”, may send a notification of such claimed infringement to our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Full Address of Designated Agent to Which Notification Should be Sent:
4101 NW 27th AVE, Miami, Florida 33142
Telephone Number of Designated Agent: 305-638-2200
Facsimile Number of Designated Agent: 518-427-8000
E-Mail Address of Designated Agent: firstname.lastname@example.org
To be effective, a notification of claimed infringement must be a written communication provided to the Designated Agent and include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit our or our designee’s contact with the Complaining Party, such as a current, valid address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification, the School or the Designated Agent will remove or disable access to such material and give notice of a claim of copyright infringement to the user or subscriber who authored the claimed infringing content by means of any one or more of the following methods at the School’s sole option: a general notice on the Sites, electronic mail to the content provider’s email address in our records, or by written communication sent by first-class mail to such user’s postal address in our records.
A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the Designated Agent a written communication containing the following:
- A physical or electronic signature.
- The transfer of your personal data to the United States as indicated above.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the Complaining Party who submitted the infringement notification or his, her or its principal or agent.
Upon receipt of such counter notification, the School will promptly provide the Complaining Party that provided the notice of claimed infringement with a copy of the counter notification, and inform the Complaining Party or entity that the School will replace the removed material or cease disabling access to it in 10 business days. The School will replace the removed material and cease disabling access to it between 10 and 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from or on behalf of the copyright owner that such person or entity has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our Site(s).
All logos and any other product or service name or slogan contained in the Sites are trademarks of the School, or their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of the School or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing “The CDL School, Inc” or any other name, trademark or product or service name of the School without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the School and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the School.
You are granted a limited, non-exclusive right to create a text hyperlink to publicly available Sites for noncommercial purposes, provided such link does not portray the School or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner or light, and provided further that the linking site does not contain any adult or illegal material or any material that is, in the School’s sole opinion, offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the School logo or other proprietary graphic of the School to link to the Sites without the express prior written permission of the School. Further, you may not use, frame or utilize framing techniques to enclose any School trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without the School’s express prior written permission. Except as expressly stated above, you are not conveyed any right or license by implication, usage, custom, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the School or any third party.
Third Party Content and Applications
In addition to official pages on the Sites containing the content of the School in support of the School’s mission or related administrative business, our Sites may include third party content on the Sites and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information, including content and views of various individuals such as employees, students, faculty, alumni or members of the public. The views expressed in such Third Party Content should not be construed as representing the views of the School. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”). The School does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The School is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Users use such Third Party Content and Third Party Applications at their own risk.
Third Party Products, Services, Advertisements and Promotions
The School may provide information about or links to third party products or services on the Sites or may run third party advertisements or promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. The School is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-School advertisers or third party information on the Sites.
Google, Inc. Applications
The School may provide access through the Site to certain Third Party Applications (“Google Apps”) owned and operated by Google, Inc. (“Google”). By using the Google Apps, you agree to be bound by and comply with the Google Apps Premier and Education Editions Administrator Program Policies, accessible at http://www.google.com/a/help/intl/en/admins/premier_education_program_policies.html , as may be modified from time to time by Google (the “Google Admin Policies”). In the event of a violation or a suspected violation of any of the Google Admin Policies, the School may, among other things, suspend or disable access to your account. You further acknowledge that you agree to be bound by terms relating to each component of the Google Apps that you use, which may include but are not limited to the following terms, as applicable, (which may be modified from time to time) and which are more fully set forth at the URLs listed below or such URLs as Google may provide:
- Google Terms of Service at http://www.google.com/terms_of_service.html;
- Additional Program Policies or Guidelines for acceptable usage at http://www.google.com/a/help/intl/en/users/terms.html; and
User Content and Conduct
The Sites or the Services may include public or restricted access discussion forums, or other interactive areas or services (“Interactive Areas”), including chat rooms or message boards, online hosting or storage services, mobile applications, tablet applications, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites (“User Content”). Interactive Areas are provided “as is”. You are solely responsible for your use of such Interactive Areas and use them at your own risk.
If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of the School, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose the School or its users to any harm or liability of any type.
This list of prohibitions provides examples and is not complete or exclusive.
By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.
You further agree not to access or attempt to access any Interactive Areas which you are not authorized to access or to provide or facilitate access to any nonpublic Interactive Area by any unauthorized user.
- you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites and license such User Content to the School and its affiliates as herein provided;
- the User Content is accurate and not misleading; and
Representations, Registration Data, Account Security
In consideration of your use of any of the Sites, the Site Materials and the Services, you represent you are of legal age to form a binding contract. In consideration of your use of any of the Sites, the Site Materials and Services, you agree to:
- provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”);
- maintain and be solely responsible for the security of your password and identification;
- maintain and promptly update the Registration Data, and any other information you provide to the School, to keep it accurate, current and complete; and
- accept all risks of unauthorized access to the Registration Data and any other information you provide to the School.
Submissions Relating to Site(s) or Services
You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Sites, the Site Materials the Services or the School provided by you by participating in surveys hosted by the School, or any third party vendors, on the Sites or other sites, in the form of email, or any other submissions to the School, or any postings on the Sites, are non-confidential and shall be the sole property of the School, and that upon submission of such materials to the School you thereby assign without additional consideration all right, title or interest you may hold in such materials to the School. The School shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Any software and all underlying information and technology downloaded or viewed from these Sites or in connection with the Services (collectively the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Sites, the Site Materials and the Services, including without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Financial Material Disclosure
The Sites, and any documents issued by the School and higherL and available through the Sites, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995, as amended. Those statements can be identified by the use of words such as “believe,” “expect,” “plan,” “may,” “will,” “should,” “anticipate” or similar statements or the negative of these words. Forward-looking statements include, without limitation, statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. Neither higherL nor the School undertakes any obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
Press Releases. The information contained within press releases issued by higherL or the School should not be deemed accurate or current except as of the date the release is posted. None of higherL or the School has the intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE SCHOOL, THE SITES, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES, GOOGLE APPS, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SCHOOL AND HIGHERL DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. THE SCHOOL AND HIGHERL DO NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE SCHOOL AND HIGHERL DO NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE SCHOOL NOR HIGHERL IS RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE THE SCHOOL AND HIGHERL ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, THE SCHOOL AND HIGHERL CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. The School and higherL each reserve the right to change or delete any and all Site Materials or User Content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by either the School or higherL.
Limitation of Liability
IN NO EVENT SHALL THE SCHOOL, HIGHERL, THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE GOOGLE APPS, THE INTERACTIVE AREAS, OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE SCHOOL OR HIGHERL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SCHOOL’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SCHOOL OR HIGHERL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS OR THE USER CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE SCHOOL FOR ACCESS TO OR USE OF THE SITES. IF YOU ARE A STUDENT, YOU ACKNOWLEDGE THAT NO PORTION OF YOUR TUITION SHALL BE CONSIDERED COMPENSATION PAID FOR ACCESS TO OR USE OF THOSE SITES ACCESSIBLE TO STUDENTS AS PART OF THEIR PROGRAM OR COURSE OF STUDY. HOWEVER, IF YOU PAY RESOURCE FEES OR ACCESS FEES TO THE SCHOOL, A PORTION OF SUCH FEES MAY BE CONSIDERED COMPENSATION FOR YOUR USE OF SUCH SITES.
Applicable Law and Venue
Questions & Contact Information
Questions or comments about the Sites may be directed to the School at http://cdlschool.com/contact-us/.