There are three components on this page that you must read and understand before proceeding. Please note that the Code of Conduct pertains to both in-person and virtual events:

AVID Center Event Code of Conduct hereafter, (“Code of Conduct”)
AVID Center Terms of Use hereafter, (“Terms of Use”)
AVID Center Privacy Policy hereafter, (“Privacy Policy”)

You must read and affirm your acceptance of the Code of Conduct and Terms of Use. By accessing and/or using the Services, you accept all of the provisions of the Code of Conduct and these Terms of Use and represent to us that you are legally competent to enter into and agree to the Code of Conduct and these Terms of Use. If you do not agree to comply with the Code of Conduct and accept these Terms of Use, then you are not welcome to attend any AVID Events nor are you authorized to use any of AVID’s Services.


AVID Center Event Code of Conduct

Code of Conduct
AVID Center is committed to providing an environment that is truly open for all. We are committed to having a friendly, safe, and welcoming environment for all attendees, AVID and venue staff, sponsors, media, volunteers, organizers, speakers, and other guests, regardless of, but not limited to, their actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles), religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status (including registered domestic partnership status), sex (including pregnancy, childbirth, lactation, and related medical conditions), gender, gender identity, and gender expression (including transgender individuals who are transitioning, have transitioned, or are perceived to be transitioning to the gender with which they identify), age (40 or over), sexual orientation, Civil Air Patrol status, military and veteran status, immigration status, or any other consideration protected by federal, state, or local law.

AVID Center prioritizes the health and safety of all employees, guests, and participants, and requires strict adherence to AVID Policies, as well as all COVID-19 safety mandates and guidelines implemented by government officials. Failure to follow these mandates and guidelines may result in warnings up to and including exclusion from the event. Guests or participants who believe they need a waiver of any requirement should contact AVID Human Resources at [email protected].

Expected behavior includes, but is not limited to:

• Be considerate, respectful, and collaborative.
• Refrain from demeaning, discriminatory, or harassing behavior, materials, and speech.
• Alert event organizers if you notice a dangerous situation or someone in distress, including conduct that appears to be harassment under this policy.
• Be mindful of your surroundings and of your fellow participants. Limit any distractions or interruptions from your personal environment or by unregistered guests that may be heard by or impact others.
• Please consider that many venues are shared with members of the public; please be respectful to all patrons of these locations.

Unacceptable behavior and materials for all events include, but are not limited to:

• Intimidating, bullying, harassing, abusive, discriminatory, derogatory, or demeaning materials or conduct displayed by any attendees of the event and related event activities.
• Any boisterous, lewd, or offensive behavior, imagery, or language, including, but not limited to, using sexually explicit or offensive language, materials, or conduct, or any language, behavior, or content that contains profanity, obscene gestures, or racial, religious, or ethnic slurs.
• Inviting (or allowing) unregistered guests to attend the session.

Unacceptable behavior and materials for in-person events include, but are not limited to:

• Possession of any item that can be used as a weapon, which may cause danger to others if used in a certain manner.
• Possession of any open can, bottle, or other receptacle containing an alcoholic beverage during convention schedule hours. Please drink responsibly.
• Possession of any illegal substance, including, but not limited to, narcotics, marijuana (whether medical or recreational), or other illegal drugs. AVID Center does not tolerate the use or abuse of illegal substances.
• Smoking—other than in designated areas.
• Assembling for the purpose of, or resulting in, disturbing the peace, or committing any unlawful act or engaging in any offensive behavior.
• Failure to obey any rules or regulations of the venue.
• Bringing children and/or unregistered guests into professional learning rooms.

Harassment includes:
Offensive comments (verbal, written, or otherwise) associated with race or characteristics associated with race (including comments about hair texture and protective hairstyles), color, religion, sex (including pregnancy, childbirth, lactation, and related medical conditions), gender, gender identity, and gender expression (including transgender individuals who are transitioning, have transitioned, or are perceived to be transitioning to the gender with which they identify), sexual orientation, national origin, ancestry, citizenship, age, physical or mental disability, marital status, Civil Air Patrol status, military and veteran status, immigration status, or any other consideration protected by federal, state, or local law; inappropriate use of nudity and/or sexual images in public spaces; deliberate intimidation, stalking, or following; harassing materials, photography, or recording; sustained disruption of talks or other events (whether verbal or otherwise); inappropriate or unwelcome physical contact; and unwelcome sexual attention.

Consequences of unacceptable behavior:

• Unacceptable behavior will not be tolerated whether by other attendees, media, speakers, volunteers, organizers, venue staff, or sponsors.
• Anyone asked to stop unacceptable behavior is expected to comply immediately.
• If a participant engages in unacceptable behavior, the event organizers may take any action they deem appropriate, up to and including expulsion from the event without warning or refund.

What to do if you witness or are subjected to unacceptable behavior:
If you are subjected to unacceptable behavior, notice that someone else is being subjected to unacceptable behavior, or have any other concerns, please notify an event organizer or staff member as soon as possible. All reports will remain confidential to the greatest possible extent.

For in-person events, staff will be available to help participants contact venue security or local law enforcement, or to otherwise assist those experiencing unacceptable behavior to feel safe for the duration of the event. You can report unacceptable behavior to any staff member. Staff can be found in the Show Office on-site, or you may email or call the contacts below.

We expect all conference participants (staff, sponsors, media, volunteers, speakers, organizers, venue staff, attendees, and other guests) to abide by this code of conduct at all conference venues and conference-related social events.

Senior Director, Human Resources
Office: (858) 654-5046
[email protected]

The above policies may be revised at any time by AVID Center and are nonnegotiable.

AVID Center Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES

These Terms of Use (these “Terms”) constitute a legal agreement between you and AVID Center (“AVID,” “us,” “our” or “we,”) in respect of your use of, and the services provided through, our websites (including sub-domains thereof): avid.org, explore.avid.org, my.avid.org, avidopenaccess.org, and aviddiscover.org (each, a “Site” and, collectively, the “Sites”).

By accessing any of the Sites you agree to these Terms with respect to such Site. If you do not agree to these Terms, we do not grant you permission to use the Sites or their services, and you must not use them. We may immediately terminate these Terms or generally cease offering or deny access to the services provided through the Sites or any portion thereof, at any time for any reason.

If you are under 16 years of age, you must read these Terms with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms. Your parent or guardian agrees to these Terms on your behalf.

These Terms are only available in the English language. You should also print a copy of these Terms for your future reference.

1. OUR ACCESS TO THE SITES

We may change these Terms at any time by notifying you of a change when you next access a Site (we may also email you about any material changes to these Terms). The new terms may be displayed on-screen and you may be required to agree to them to continue your use of the Sites. The date these Terms were last updated appears at the bottom of these Terms.

You understand and accept that (a) the device you use to access the Sites will require certain software in order for the Sites to work correctly and it is your responsibility to ensure that you have the required up-to-date software, (b) the Sites have not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the Sites meets your requirements, and (c) you are responsible for obtaining the data network access and the required device necessary, (including any costs or fees), to use the Sites and any updates thereto. AVID does not guarantee that the Sites, or any services provided through the use of the Sites, will function on any particular network or device. In addition, the Sites may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Access to the Sites may be suspended temporarily and without notice (i) in the case of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

2. PERMITTED USE AND RESTRICTIONS

Subject to your compliance with all of these Terms, we grant you a non-transferable, non-sublicenseable, non-exclusive, revocable, limited license (i.e. permission) to use the Sites solely for your personal, non-commercial purposes. We reserve all other rights, which are not granted in these Terms.

In order to use aspects of the MyAvid.org or aviddiscover.org websites, you must register for and maintain an active personal user account ("Account"). You must be at least 18 years of age to register for an Account. Unless otherwise permitted by AVID in writing, you may register for only one Account.

Except as explained in these Terms or as permitted by any applicable local law, you shall not (and shall not permit any third-party to): (a) copy any of the Sites except where such copying is incidental to normal use of the Site, or where it is necessary for the purpose of back-up, (b) rent, lease, sub-license (i.e. grant anyone else the permission to use), loan, translate, merge, adapt, republish, post, display, distribute, vary or modify the any of the Sites (or any part of it), (c) attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of any of the Sites, or (d) remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices.

You must not use (or permit a third-party to use) any of the Sites: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system used by the Site, (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (iii) to collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site, (iv) via use of a robot, spider, or other automated device to monitor or copy the Site or any information provided by the Site, (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

3. PRODUCTS

The products displayed on a Site can be ordered and delivered only within the U.S., Canada and U.S. military bases located outside of the U.S All prices displayed on the Sites are quoted in U.S. Dollars.

All material and information presented by AVID is intended to be used for personal, educational or informational purposes only. You may not sell or resell any products you purchase or otherwise receive from AVID. AVID reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by AVID in its sole discretion.

4. PAYMENTS, RETURNS, AND DONATIONS

If you choose, at your sole discretion, to make a donation to AVID, or to purchase materials from AVID, you agree that, with your authorization, we may charge your credit card, or other chosen payment method the amount selected by you, and you understand that, all donations and payments must be in U.S. dollars. Once charged, donations are non-refundable. AVID uses authorized third-parties for the purpose of processing your transactions, including fraud prevention, vendor direct shipping, and credit card authorization.

Only unused items may be eligible for return. If accepted, return shipping will be your responsibility unless there was an error on our end. After receipt of the returned item(s), we will refund or replace the item(s), as applicable. Please email us at [email protected] to make a return request.

5. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.

6. SECURITY AND PASSWORDS

You are solely responsible for keeping your password and any other authentication information confidential and agree to be responsible for all activities that occur under your Account or password. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of any of the Sites.

We have the right to disable any password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

7. YOUR PROMISES TO US

You promise to us that (a) you are authorized to agree to these Terms, (b) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country, (c) you are not listed on any United States government list or prohibited or restricted parties, (d) you assume the risk of any information submitted by you, and (e) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.

8. USER CONTENT

Whenever you make use of a feature that allows you to upload any content such as any text, audio, video, or other content via a Site (“User Content”), or to share any User Content with other users of a Site, you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third-party, (c) will comply with applicable laws (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You acknowledge that any User Content you upload could pose us a significant risk if it breaches these Terms, and you therefore, to the extent permitted by law, agree to indemnify, defend and hold us and our affiliates, and their respective business partners, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses (including without limitation reasonable attorneys’ fees and costs) asserted by any third-party relating in any way to your use of any of the Sites or breach of these Terms or from any third-party claims arising as a result of your use of any of the Sites. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties. We will not be responsible, or liable to any third-party, for any User Content submitted by you or any other user of a Site.

Any User Content you upload to a Site and any feedback or suggestions you provide to us regarding a Site, you acknowledge and agree that: (i) such User Content will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policies), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via any or all of the Sites or otherwise to third-parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such User Content, and the right to transfer or sublicense such rights; (iii) we may have something similar to the User Content already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the User Content under any circumstances. Although we may not actively monitor User Content, we have the right (but are under no obligation) to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate.

The Sites may include content provided by third-parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by AVID, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of AVID. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.

9. COPYRIGHT INFRINGEMENT - DCMA NOTICE

AVID complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).

If you have any complaints or objections to material posted on a Site you may contact our designated agent at the following address:

Email: [email protected]

Any notice alleging that materials hosted by or distributed through a Site infringes intellectual property rights must include the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of the material that you claim is infringing and where it is located on the Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

10. PRIVACY

These Terms also incorporate the terms of our privacy policies (as updated from time-to-time), which are available from within the Sites, respectively, at https://explore.avid.org/privacy and https://my.avid.org/legal.aspx#privacy_policy (the “Privacy Policies”). Our Privacy Policies explain how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings).

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to fully access or use the MyAvid.org  and/or aviddiscover.org website(s).

By agreeing to these Terms, you agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications from us may include operational communications concerning your Account or use of a Site, including marketing purposes. Standard text messaging charges applied by your cell phone carrier will apply to the text messages we send. If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt-out of promotional calls or texts, you may respond with “STOP” to any text message you receive from us, which will then stop messages of that type. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Sites, however you acknowledge that opting out of receiving all texts may impact your use of the Sites.

If at any time, you choose to cancel your Account, please contact us as detailed below. To re-activate an Account, please email us, or create a new Account. If applying for an Account, please note that such request may need to be approved before activation can take place.

By agreeing to these Terms, you are also agreeing to the Privacy Policies and you consent to (i) the processing of your personal information as explained in the Privacy Policies and (ii) the collection of information from your device as explained in the Privacy Policies.

11. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights in the Sites, whether registered or unregistered, including but not limited to rights in graphics, logos, "look and feel," trade dress, structure, organization, code, and all content in the Sites and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of AVID, protected by intellectual property laws. You acknowledge that rights in the Sites are licensed (not sold) to you, and that you have no rights in, or to, the Sites other than limited license granted in Section 2 above.  Any use of our intellectual property beyond the scope of this license is prohibited.

In the event that anyone brings a claim that one or more of the Sites or any part of such Site(s), or your use thereof, infringes a third-party’s intellectual property rights, we shall be responsible for the investigation, defense, settlement and discharge of any such claim.

You also agree not to use any non-public technical, financial, or strategic information and other proprietary and confidential information relating to our business, operations and properties (collectively, “Confidential Information”), disclosed to you by AVID, for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any such Confidential Information to third-parties. You agree to take all reasonable measures to protect the secrecy of Confidential Information.

12. THIRD-PARTY SITES AND SERVICES

The Sites may contain links to or allow you to share content directly with other third-party services such as Facebook and Twitter (“Third-Party Services”). You acknowledge that we have no control over Third-Party Services and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content or other material contained in the Third-Party Services and have no association with their operators. Your use of Third-Party Services will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.

13. INDEMNITY

You agree to indemnify and hold the Indemnified Parties harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of one or more of the Sites; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third-party, as a result of your use of one or more of the Sites. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

14. WARRANTY DISCLAIMER

WE PROVIDE THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Sites is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Sites, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third-parties with respect to the Sites and all information and content included on the Sites.

No information or advice obtained through the Sites, or any affirmation by us, by words or actions, shall constitute a warranty.

We only supply the Sites for domestic, personal and private use. You agree not to use any of the Sites for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SITES OR YOUR INABILITY TO ACCESS OR USE THE SITES) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF ANY OF THE SITES OR THESE TERMS, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF AVID, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with the Sites including, without limitation, content on the Sites, is to stop using the Sites. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with any of the Sites or any links on the Sites, as well as by reason of any information or advice received through or advertised in connection with any of the Sites or any links on the Sites. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on any of the Sites.

In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Sites or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed the greater of (i) the total amount paid by you in connection with any products or services provided through your use of the Sites, and (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of any of the Sites must be brought within one year after such claim or cause of action arises or be forever barred.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AVID’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON AVID’S CHOICE OF LAW PROVISION SET FORTH BELOW.

16. TERMINATION

We may terminate these Terms, deactivate your Account, and/or your permission to use the Sites immediately, without prior notice or liability, if (a) you commit any breach of these Terms, or (b) your school is no longer a site where AVID products or services are implemented.  Further, with respect to a Site, we may terminate these Terms, deactivate your Account, and/or your permission to use the Site immediately, without prior notice or liability, if (a) we discontinue the Site, or (b) we are prevented from providing the Site for any reason.

Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of, one or more of the Sites and/or your access to it/them at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.

On termination of these Terms for any reason with respect to one or more of the Sites: (x) all rights granted to you under these Terms with respect to such Site(s) will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your use of the Site(s)), and (z) you acknowledge that we may restrict your access to the Site(s). Sections 8, 11, and 13-18 will survive any termination or expiration of these Terms.

17. COMMUNICATION BETWEEN US

If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

18. OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such provisions shall be enforced to the maximum extent permitted by law, and the remaining conditions will remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms, and failure by us to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.

These Terms are governed by California law, without regard to conflicts of law provisions thereof, and the state and federal courts located within San Diego County, California will have exclusive jurisdiction of all disputes relating to these Terms.

These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent. Such consent may be withheld in our sole discretion, and any purported assignment without such consent shall be null and void. We may assign this agreement to any party without notice thereof to you.

These Terms were last updated on November 28, 2022.

19. ABOUT US

AVID Center
Registered Office Address: 9797 Aero Drive, Suite 100, San Diego, CA 92123
Contact email address: [email protected]
Telephone Number: 1-833-AVID-CARE

• what information we may collect
• how we use that information
• what third-party information, if any, you are agreeing to share by using the Services; and
• with whom we share that information.

AVID Center Privacy Policy

Last Updated: November 28, 2022

1. The Scope of this Policy
2. Agreement to Terms
3. Effective Date and Changes to this Policy
4. The Information We Collect
5. How We Use Your Personal Information
6. How We Share Your Personal Information
7. Your Privacy Choices
8. How We Store and Safeguard Your Information
9. California Do-Not-Track Disclosures
10. Links to Third Parties
11. Canadian Users
12. Contact Us

1. The Scope of this Policy

AVID Center (“AVID,” “we,”or “us”) is committed to respecting your privacy rights and concerns. As such, we have established and implemented this Privacy Policy to inform users of our AVID websites and/or applications—avid.org, explore.avid.org, my.avid.org, aviddiscover.org, and avidopenaccess.org, (collectively, the “Sites”)—of what personal information we collect, and how we use, share, and protect such information. If you have any questions regarding this information or our privacy practices, please see the section entitled Contact Us at the end of this Privacy Policy.

2. Agreement to Terms

All activities which you engage in through the Sites are voluntary. You are not required to provide any personal information to us unless you choose to access features of the Sites which require such information. If you do not agree with the terms of this Privacy Policy or our Terms of Use, then you should immediately discontinue use of the Sites without providing us any personally identifiable information.

3. Effective Date and Changes to this Policy

This Privacy Policy is effective as of the date above and will remain in effect until a new policy supersedes it. We may choose to update this Privacy Policy at our discretion, so you should check this page periodically as the terms may change from time-to-time. The most recent version of the Policy will be reflected by the “last updated” date noted at the top of the page. In the event of a material change to this Privacy Policy, we will provide a conspicuous message through the Sites or via an email address associated with your account informing you of the change. Your continued use of the Sites will constitute your acknowledgment of the Policy in its current version and your understanding of the terms of this Policy.

4. The Information We Collect

The types of personal information we may collect and process about you can include:

• Personal Identifiers, including name, online identifier, internet protocol address, device id, email address, AVID membership account name and password, telephone number, billing and mailing address, date of birth, correspondence and chats, payment and/or bank details information;
• Internet or other electronic network activity information, including browsing history and search history, and information regarding your interaction with the Sites;
• Professional or employment-related information;
• Geolocation and other location information;
• Senior Data Forms information, including, for example, your participation in programs and testing, your native language, your participation in AVID and advanced courses, your grade point average, expected graduation date, colleges applied to and accepted in, your family educational and economic background, and future college and career plans;
• Education and skills;
• Characteristics of protected classifications, including, gender, ethnicity/race;
• Visual information, including photographs you can voluntarily upload on your account;
• Commercial information, including records of products or services purchased, obtained or considered, or other purchasing or consuming histories;
• Tutor information, including your grade-level and available tutoring times and subjects; and
• Inferences, drawn from any information to understand your preferences and trends.

We collect such personal information directly from you via the Sites, via email or telephone conversations, when you register for a membership, provide us with feedback or take one of our surveys, order a product from us, or in-person during training sessions.

We may also, indirectly receive personal information about you from third parties or other non-vendor third parties from whom you receive personal information, such as the National Student Clearing House and Market Data Retrieval (MDR).

4.1 Cookies

A cookie is a small string of information that the website you visit transfers to your computer for identification purposes.  Cookies can be used to follow your activity on the Sites, over-time and across different websites, and that information helps us to understand your preferences and improve and personalize your website experience.  Cookies are also used for such activities as remembering your username and password, as well as your shopping cart.  For analytical purposes, (as discussed in more detail below), we may use cookies, as well as device information (as discussed in more detail below), to understand the ways in which you interact with the Sites, such as: referring and exit pages, URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Sites, the frequency of your use of the Sites, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.

You can turn off cookies in the event you prefer not to receive them.  You can also have your computer warn you whenever cookies are being used, as most browsers are initially set to accept cookies, giving you a chance to decide whether or not to accept it.  Additionally, there are software products available that can manage cookies for you.  Please be aware, however, that when you choose to reject cookies, you may lose access to certain features of the Sites. Many cookies are “session cookies” which means that they are automatically deleted at the end of each session. For more on cookies and your opt-out options, please see https://www.usa.gov/optout-instructions.

4.2 Device Information

We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Sites.  For example, we may collect and analyze information such as IP addresses, geolocation information, unique device identifiers and other information about your mobile phone or other mobile device(s), browser types, browser language, operating system, the state or country from which you accessed the Sites. In addition to analytical purposes, this information helps us diagnose problems with our server, administer the Sites, and display the content according to your preferences.

4.3 Analytics

We may also collect general information resulting from your activity on the Sites. This includes anonymous “traffic data” or aggregated tracking information, provided by the Sites’ host or similar providers of such information (e.g., Google Analytics), that does not personally identify you but may be helpful for promotional purposes or for improving the services that we offer. Analytics is the process of collecting, analyzing, and reporting aggregate data. This information may include which pages are visited, in what order the pages are visited, when a visitor or user accesses a page, how long they may stay on a particular page, and where they are located. It may also provide information about what browser, network, or device is used to visit the website. To learn more about Google Analytics and how to opt out, please visit www.google.com/analytics/learn/privacy.html and https://tools.google.com/dlpage/gaoptout.

4.4 A Note to Parents Regarding Children’s Information

AVID is committed to protecting the online privacy of children. The my.avid.org Site may collect limited personal information about minors who choose to serve as peer tutors for their school and/or school district, including name, email, telephone number, username and password, device information, and correspondence.  However, we take children’s privacy seriously and we use this information only to facilitate the professional training for minors who elect to serve as peer tutors for their school and/or district. We encourage parents to play an active role in their children’s online experience at all times. If you have questions or concerns about the Internet and privacy for your child, we encourage you to contact us as provided below.

5. How We Use Your Personal Information

We use or otherwise process your personal information to:

• Manage your membership with us;
• Respond to your inquiries or requests, administer contests, and request feedback;
• Provide goods or services requested by, or reasonably anticipated by, you;
• Provide you with relevant promotional materials or information about the organization, its products, its outcomes, and opportunities to get more involved;
• Analyze your reports and program evaluations;
• Host training events;
• Provide student-to-student tutoring connections;
• Analyze your use of our website;
• Detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity or prosecute those responsible; and
• Comply with legal requirements.

6. How We Share Your Personal Information

We share your personal information with the following third parties, where applicable and to the extent permitted by applicable law:

• Advisers and financial institutions (legal, tax, auditors, risk and compliance, notaries, and business continuity support services);
• Service providers (IT outsourcing and assistance, membership management, email storage and management, payment processors, research and statistics, promotional support). In some instances, service providers will be directly responsible to you for their use of your personal information. They may be obliged by law to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites;
• Other AVID users depending on your profile settings and posts on the MyAVID portal;
• Our Business partners including third parties with whom we collaborate to develop content and resources for educators teaching in a digital space;
• Where permitted by applicable laws, with third parties in connection with a corporate restructuring, sale, transfer or assignment of assets or business, merger, divestiture, or other changes to the company’s control or financial status (or any of our affiliates); and
• Government bodies and dispute resolution and law enforcement organizations

7. Your Privacy Choices

If you no longer want to receive our emails or other announcements, you may unsubscribe by writing to us at [email protected], select “Do Not Contact” in your user account, or following the instructions provided through the “unsubscribe” link at the bottom of our emails.  Please note that you cannot unsubscribe from certain correspondence from us, including transactional messages relating directly to your account.

You can also view and amend some of your profile information, such as your name, address, phone number, job title, or email address by accessing your account with your username and password, or by contacting us as detailed below. Please note, that when contacting us to view, amend, or delete any of your personal information, we will need to first verify your identity for security purposes.

8. How We Store and Safeguard Your Information

We maintain reasonable technical and organisational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. Your personal information is only accessible, on a need to know basis, by a limited number of employees who have special permissions. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information as it is transmitted to us.

9. California Do-Not-Track Disclosures

AVID respects your privacy, but we do not alter the information we collect or change the Sites upon receiving “do-not-track” signals, as the term appears in Cal. Bus. & Prof. Code §§ 22575(b)(5). For more information about DNT signals, visit http://allaboutdnt.com.

10. Links to Third Parties

In an attempt to provide increased value to our visitors, we may choose various third party websites (e.g., content publishers) to link to within the Sites. We have no control over these linked websites, each of which has separate privacy and data collection practices independent from us. As such, we have no responsibility or liability for these independent policies or actions, and are not responsible for the privacy practices or the content of any such websites. These linked websites are only for your convenience and you therefore access them at your own risk.

11. Canadian Users

We retain Personal Information for as long as you have an account with us in order to meet our contractual obligations to you and thereafter to identify any issues and resolve any potential legal proceedings.

Please contact us at [email protected]:

• If you wish to access, update, and/or correct inaccuracies in your Personal Information or change your consent preferences (note: we may need to collect additional Personal Information for the purposes of verifying your identity before responding to your request);
• For information about how our foreign-based service providers process your Personal Information; or
• If you have any questions or complaints about the manner in which we treat your Personal Information.

12. Contact Us

If you have any questions or complaints about this Privacy Policy, or any AVID privacy practices, you can reach us at:

AVID Center
Attn: AVID Care
9797 Aero Drive
Suite 100
San Diego, CA 92563
[email protected]
1-833-AVID-CARE