Sonoma Country Day School
Welcome to the Sonoma Country Day School (“SCDS”) web site. This web site, www.SCDS.org
SCDS grants you a limited right to use the Site.
- At any time and for any reason, SCDS may revoke your right to use all or any portion of the Site.
- You may not violate or attempt to violate the security of the Site.
The Site and its Content are owned by SCDS, its affiliates and/or third parties.
- The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by SCDS, its affiliates and/or third parties.
- “SCDS Educational Community”, “SCDS”, and other names and indicia of SCDS and its products and/or services are exclusive trademarks and service marks or registered trademarks of the SCDS Educational Community. Other product and company names appearing on the Site may be trademarks of their respective owners.
- You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
- You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in these Terms.
- You may print copies of any accessible portion of the Site only for your own personal use.
- You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
You make certain representations and warranties regarding your use of the Site. You represent and warrant that:
- In connection with your use of the Site, you will not employ any virus or other computer programming routine or engine that is intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and
- All information that you provide in connection with your use of the Site is true and complete.
You assume various risks in using the Site.
- SCDS makes no guarantees, promises or assurances regarding the Site.
- SCDS makes reasonable efforts to provide accurate Content on the Site. However, some Content may be inaccurate, outdated or otherwise inappropriate.
- Some Content and some of the data used in the Content come from third parties. SCDS believes that these third parties are reliable but SCDS assumes no responsibility for any third party information.
- Some Content may require you to input data, and may not function effectively if you input inaccurate data. Information generated by the Content may vary based on the data that you input.
- SCDS may change any portion of the Site at any time without notice to you.
- SCDS is not liable for any damage or loss to you resulting from these or any other risks.
You have various responsibilities when using the Site.
- You alone are responsible for your use of the Site.
- You agree not to create hyperlinks to the Site from any other web site without our express written consent.
- SCDS is not involved in any dealings between you and any third party. You release SCDS and its affiliates, agents and employees and you agree to hold them harmless from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature that may arise out of or in any way are connected with your use of the Site and any dispute between you and any third party.
- You agree that SCDS is not liable for any action you take or any decision you make in reliance on the site or the content.
If SCDS provides you with a password, you must keep your password confidential.
- SCDS may provide you with a password to access certain areas of the Site.
- You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party.
- You accept full responsibility for any use of your password.
- You must notify us immediately of any actual or suspected loss, theft or unauthorized use of your password.
- SCDS is not obligated to inquire into the authority or propriety of any use of or action taken under your password. SCDS will not be responsible for any loss to you that arise from such use or action or from your failure to comply with these Terms.
SCDS is not liable for any technological problems and any impact that they may have.
- All or any portion of the Site may not be available and may not function properly at any time.
- SCDS makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause problems such as viruses and other damaging computer programming routines or engines.
- SCDS takes reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but SCDS disclaims liability for any interception of data or communications.
- SCDS is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
- SCDS is not liable for any defects, delays or errors in or resulting from your use of the Site.
SCDS is not responsible for any aspect of any third party web site.
- If you access any third party web site through the Site or otherwise, you do so at your own risk.
- Hyperlinks to or from the Site do not constitute third party endorsement, sponsorship or affiliation of, with or by SCDS.
- SCDS is not responsible or liable for any aspect of any products, services or content appearing on or available through any third party web site.
SCDS has the right to monitor and record activity on the Site and respond as it deems appropriate.
- SCDS may monitor and record activity on the Site for any reason or no reason.
- SCDS may investigate any complaint or reported violation of our policies.
- SCDS may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate.
- SCDS may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that it deems appropriate.
SCDS respects your privacy.
SCDS disclaims all warranties with respect to the Site and the Content that the law allows it to disclaim.
- The site, including all content, is provided “as is” and “as available.” SCDS disclaims all representations and warranties, express or implied, of any kind with respect to the site and the content including warranties of:
- Fitness for a particular purpose and
- Non-infringement of intellectual property and proprietary rights.
- Without limiting our general disclaimer, SCDS does not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing, or speed of deliver of the site or the content.
SCDS’s liability with respect to the site and the content is limited to the maximum extent permitted by law.
- Under no circumstances will SCDS or any of our affiliates, agents or employees be liable for any indirect, incidental, special, punitive or consequential damages, however caused, arising out of these terms, the site, the content, your inability to use the site, or your transactions with the site.
- SCDS’s liability is limited even if SCDS has been advised of the possibility of the damages that you suffer or if any remedy you have fails of its essential purpose.
- Under any circumstances, the maximum liability of SCDS and its respective affiliates, agents and employees to you is one hundred dollars (us) $100.
- This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access to alteration of, or use of any asset, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
You will be responsible for any liability to SCDS that arises out of your breach of these Terms or your use of the Site.
You agree to indemnify, defend and hold harmless SCDS and its affiliates, agents and employees from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to:
- your use of the Site,
- your violation of any applicable law, statute, ordinance, regulation or of any third party's rights, or claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms.
You agree to resolve by arbitration any controversy arising between you and SCDS and/or any of our respective control persons, predecessors, subsidiaries, affiliates, successors, assigns and employees.
With respect to the resolution of any such controversy, you further acknowledge that:
Arbitration is final and binding on the parties.
- The parties are waiving their right to seek remedies in court, including the right to jury trial.
- Pre-arbitration discovery is generally more limited than and different from court proceedings.
- The arbitrators' award is not required to include factual findings or legal reasoning and any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
- Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate, which demand or notice shall include an election of one of the foregoing forums for arbitration. If you fail to make such election by registered mail addressed to one of the foregoing forums for arbitration, before the expiration of five days after you deliver to SCDS a written demand for arbitration or a written notice of intention to arbitrate, SCDS may make such election on your behalf.
- any arbitrator(s) selected to resolve an arbitration shall be bound exclusively by the laws of the State of Michigan without regard to its choice of law rules.
- No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until:
- the class certification is denied;
- the class is decertified; or
- the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this User Agreement except to the extent stated herein.
- Modifications will be effective immediately upon posting unless SCDS indicates otherwise.
You are bound by certain other general conditions.
- These Terms constitute the entire understanding, and supersedes all other understandings, between you and SCDS concerning the Site and your access and use.
Notification of claims of copyright infringement
In accordance with the Digital Millennium Copyright Act, SCDS has designated an agent to receive notice of any alleged copyright infringement occurring in the SCDS.org domain. If you believe that your copyrighted work is being infringed, please submit a notice in writing, which must include the following information under the Digital Millennium Copyright Act:
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work you claim has been infringed;
- A description of the infringing material and information reasonably sufficient to allow SCDS to locate the material;
- Your contact information, including your physical and e-mail addresses and telephone number;
- A statement by you that you have a good faith belief that use of the material as represented on the web site is not authorized by you or the law; and
- A statement that the information you have provided SCDS is accurate, and under the pains of penalties of perjury, you are authorized to act on behalf of the copyright owner.
Please submit this notification to:
Sonoma Country Day School
4400 Day School Place
Santa Rosa, CA 95403