AVID Center Terms of Use
These Terms of Use (“Terms of Use”) govern
your use of our website(s) avid.org; aviddigitalxp.org; avidopenaccess.org;
aviddiscover.org, (the “Website”), the MyAVID portal (“MyAVID”),
and any other related content, features, materials, applications, widgets,
and/or services (collectively the “Services”) offered by AVID Center,
(“AVID,” “we,” or “us”).
By accessing and/or using the Services,
you accept all of the provisions of these Terms of Use and represent to us that
you are legally competent to enter into and agree to these Terms of Use. If you
do not accept these Terms of Use, then you are not authorized to use any of
AVID’s Services.
For purposes of these Terms of Use, “you” and “your” means you as the user of the Services.
If you use the Services on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity’s behalf, and (c) your entity is legally and financially responsible for your use of the Services as well as for the use of the Services by others affiliated with your entity, including any employees, agents or contractors.
Please review the following carefully so
that you understand the terms of these Terms of Use. These Terms of Use
describe your responsibilities, AVID’s liability, and the liability of third
parties related to the Services. All users of AVID’s Services must accept and
comply with the terms and conditions set forth herein. Certain portions of the
Services may be subject to additional terms and conditions specified by us from
time to time; your use of the Services is subject to those additional terms and
conditions. If you have any questions regarding these Terms of Use, please
contact us per Section 21 below.
I. ABOUT THE SERVICES
- AVID is a nonprofit that changes lives by
helping schools shift to a more equitable, student-centered approach. AVID
trains 80,000 educators annually to close the opportunity gap, so they can
prepare all students for college, careers, and life. AVID partners with
schools to provide professional development, a suite of resources, and
ongoing support to ensure a lasting impact that maximizes student success.
AVID’s professional learning programs benefit both beginning and
experienced educators. To this end, AVID helps educators reevaluate their
beliefs and expectations around student potential and learn and practice
activities that transform classrooms and campuses. AVID’s professional
learning programs cover all core content areas and all grade levels in topics.
AVID offers a variety of classroom activities, lesson plans, professional
learning videos, and timely articles that are relevant to students. These
tools help educators implement and refine instructional practices. They
also help educators provide the key academic and social supports students
need to thrive. Schools can utilize AVID’s professional learning modules
and materials for in-service training and can access all of these
resources year-round. AVID allows users to access training materials through
MyAVID on the Website. AVID allows users of its Website to contact AVID
with questions or comments, subscribe to the MyAVID portal, and donate to
support its mission.
- Our privacy practices in operating the Services are described in our Privacy Policy located here (“Privacy Policy”). Please review the Privacy Policy
to learn about:
- 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.
II. TERMS APPLICABLE TO THE SERVICES
- License to Use Services. Subject to your compliance with these Terms of Use, AVID
hereby grants to you, a personal, nonexclusive, nontransferable,
revocable, limited license (without the right to sublicense) to access and
use the Services (including updates and upgrades that replace or
supplement it in any respect and which are not distributed with a separate
license, and any documentation) subject to the limitations set forth below.
These Terms of Use are limited to the intellectual property rights of AVID
and its affiliates and licensors and do not include any rights to other
patents, trademarks, copyrights, or intellectual property. We reserve any
and all rights not expressly granted to you pursuant to these Terms of
Use. The limited rights granted to you to access and use the Services
comprise a limited license and do not constitute the sale of any goods or
services.
- Use Restrictions.
(a)
You agree that: (i) you will not use the Services if you are not
fully able and legally competent to agree to these Terms of Use; (ii) you will
only use the Services for lawful purposes; (iii) you will not use the Services
for sending or storing any unlawful material or for fraudulent purposes or to
engage in any illegal, offensive, indecent, or objectionable conduct; (iv) you
will not use the Services to advertise, solicit, or transmit commercial
advertisements, including “spam”; (v) you will not use the Services to cause
nuisance, annoyance, or inconvenience; (vi) you will not impair the proper
operation of the network; (vii) you will not try to harm the Services in any
way whatsoever; (viii) you will not copy or distribute the Services or other
content without written permission from AVID; (ix) you will only use the
Services for your own use and will not resell it to a third party; (x) you will
keep secure and confidential any identification we provide you which allows
access to the Services; and (xi) you will provide us with whatever proof of identity
we may reasonably request.
(b)
You agree to protect the Services, and their proprietary content,
information, and other materials, from any unauthorized access or use, and you
agree that you will not use the Services or such proprietary content, information,
or other materials except as expressly permitted herein or expressly authorized
in writing by AVID. Except as specifically permitted herein or expressly
authorized in writing by AVID, you agree that you will not directly or
indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease,
loan, sublicense, modify, time-share, or otherwise exploit the Services in any
unauthorized manner, including but not limited to by trespass or burdening
network capacity; (ii) use the Services in any service bureau arrangement;
(iii) copy, reproduce, adapt, create derivative works of, translate,
localize, port, or otherwise modify the Services, any updates, or any part
thereof in any form or manner or by any means; (iv) harvest or scrape any
content or data from the Service, or (v) permit any third party to engage in
any of the acts described in clauses (i) through (iv).
(c)
You further understand and agree that you are not permitted to: (i)
remove or alter any copyright, trademark, or other proprietary rights’ notice
or restrictive rights legend contained or included in the Services; (ii)
decompile, disassemble, reverse compile, reverse assemble, reverse translate,
or otherwise reverse engineer any part of the Services, any updates, or any
part thereof (except as and only to the extent any foregoing restriction is
prohibited by applicable law or to the extent as may be permitted by the
licensing terms governing use of any open sourced components included with the
Services); (iii) use any means to discover the source code of any portion of
the Services; or (iv) otherwise circumvent any functionality that controls
access to or otherwise protects the Services. Any attempt to do any of the
foregoing is a violation of the rights of AVID and its licensors. If you breach
these restrictions, you may be subject to prosecution and damages. You further
agree not to use the Services in any manner to harass, abuse, stalk, threaten,
defame, or otherwise infringe or violate the rights of any other party, and
that AVID is not in any way responsible for any such use by you, nor for any
harassing, threatening, defamatory, offensive, or illegal messages or
transmissions that you may receive as a result of using the Services.
(d)
Notwithstanding the foregoing, you may create a plain text hyperlink
to the Website provided that neither you nor the link portrays the Website or
any of its products and services in a false or disparaging manner or suggests
sponsorship, affiliation, or endorsement by or with AVID. AVID may revoke this
permission at any time for any reason upon notice to you. You may not “frame,”
inline link, or similarly display any Website content, property, goods,
services, or materials without AVID’s express written permission. You may not
use any AVID copyrights, trademarks, or other intellectual property as part of
the link without AVID’s express written permission.
- Your Data.
For more information about how we may use and share your data and related
information, please review the Privacy Policy.
- Third-Party Services and Materials.
(a)
Certain Services may display, include, or make available content,
data, forms, information, applications (including payment applications), or
materials from third parties (“Third-Party Materials”) or provide links to
certain third-party websites. By using the Services, you acknowledge and agree
that AVID is not responsible for examining or evaluating the content, accuracy,
completeness, timeliness, validity, copyright compliance, legality, decency,
quality, or any other aspect of such Third-Party Materials or websites. AVID
does not warrant or endorse and does not assume and will not have any liability
or responsibility to you or any other person for any third-party services,
Third-Party Materials or websites, or for any other materials, products, or
services of third parties. Third-Party Materials and links to other websites
are provided solely as a convenience to you.
(b)
In addition, third-party services and Third-Party Materials that may
be accessed from, displayed on, or linked to from the Services are not
available in all languages or in all countries. AVID makes no representation
that any third-party services and Third-Party Materials are appropriate or
available for use in any particular location. To the extent you choose to
access such services or Third-Party Materials, you do so at your own initiative
and are responsible for compliance with any applicable laws, including but not
limited to applicable local laws.
III. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
- Disclaimer of Warranties.
You are solely responsible for your interactions with other
users of the Service. You expressly acknowledge and agree that use of the
Services are at your sole risk and that the entire risk as to satisfactory
quality, performance, accuracy, and effort is with you. To the maximum
extent permitted by applicable law, the Services (including, without
limitation, any Third-Party Materials, third-party software or services)
are provided to you on an “as is” and “as available” basis, with all
faults and without warranty of any kind, and AVID hereby expressly
disclaims all warranties and conditions with respect to the Service
(including the use, performance, and support thereof), either express,
implied or statutory, including, but not limited to, the implied
warranties and/or conditions of merchantability, of satisfactory quality,
of fitness for a particular purpose, of accuracy, of quiet enjoyment,
title or non-infringement of third party rights, interference with
enjoyment, completeness, integration, freedom from defects or disabling
devices, uninterrupted use, and all warranties implied from any course of
dealing or usage of trade. AVID does not warrant that (i) the Services
will meet your requirements, (ii) operation of the Services will be
uninterrupted or virus- or error-free, (iii) that the Services will
operate or be compatible with any other application or any particular
system or device, or (iv) defects in the Services will be corrected. Any
oral or written advice provided by AVID or its authorized agents will not
be deemed to create any warranty. No oral or written information or advice
given by AVID or its authorized representative shall create a warranty.
Some jurisdictions do not allow the exclusion of implied warranties so
some or all of the above exclusions may not apply to you.
- Limitation of Damages.
To the extent not prohibited by law, you agree that in no
event will AVID be liable (i) for damages of any kind, including direct,
indirect, special, exemplary, incidental, consequential, or punitive
damages (including, but not limited to, procurement of substitute goods or
services, loss of use, data or profits, business interruption, or any
other damages or losses, arising out of or related to your use or
inability to use the Services), however caused and under any theory of
liability, whether under these Terms of Use or otherwise arising in any
way in connection with the Services or these Terms of Use and whether in
contract, strict liability, or tort (including negligence or otherwise)
even if AVID has been advised of the possibility of such damage, or (ii)
for any other claim, demand, or damages whatsoever resulting from or
arising out of or in connection with these Terms of Use or the delivery,
use, or performance of the Services. Some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so the
above exclusion or limitation may not apply to you. The foregoing
limitations will apply even if the above stated remedy fails for its
essential purpose.
- Limitation of Liability.
You agree that the above limitations of liability together with the other provisions
in these Terms of Use that limit liability are essential terms of these
Terms of Use and that AVID would not be willing to grant you the rights
set forth in these Terms of Use but for your agreement to the above
limitations of liability; you are agreeing to these limitations of
liability to induce AVID to grant you the rights set forth in these Terms
of Use.
- Indemnification.
By entering into these Terms of Use and using the Services,
you agree that you shall defend, indemnify, and hold AVID, its licensors,
and their respective parent organizations, subsidiaries, affiliates,
officers, directors, members, employees, attorneys, and agents harmless
from and against any and all claims, costs, damages, losses, liabilities,
and expenses (including attorneys’ fees and costs) arising out of or in
connection with: (a) your violation or breach of any term of these Terms
of Use or any applicable law or regulation; (b) your violation of any
rights of any third party; (c) any unauthorized use of the Services; or
(d) your negligence or willful misconduct.
- Arbitration. All disputes arising out of or relating to these Terms of Use
(including its formation, performance, or alleged breach) or your use of
the Services or the Website will be exclusively resolved under confidential
binding arbitration held in San Diego, California before and in accordance
with the Rules of the American Arbitration Association. The arbitrator’s
award will be consistent with these Terms of Use and will be binding and
may be entered as a judgement in any court of competent jurisdiction. To
the fullest extent permitted by applicable law, no arbitration under these
Terms of Use will be joined to an arbitration involving any other party
subject to these Terms of Use, whether through class arbitration
proceedings or otherwise. Notwithstanding the foregoing, AVID will have
the right to seek injunctive or other equitable relief in state or federal
court located in San Diego, California to enforce these terms or prevent
an infringement of a third party’s rights. In the event that equitable
relief is sought, each party hereby irrevocably submits to the personal
jurisdiction of such court.
IV. OWNERSHIP
- Intellectual Property. The Services and their content, including their “look and
feel” (e.g., text, graphics, images, logos), proprietary content,
information, and other materials, are protected under intellectual
property, copyright, trademark, and other laws. You acknowledge and agree
that AVID and/or its licensors own all right, title, and interest in and
to the Services (including without limitation any and all patent,
copyright, trade secret, trademark, show-how, know-how, and any and all
other intellectual property rights therein or related thereto) and you
agree not to take any action(s) inconsistent with such ownership
interests. You do not acquire any rights or licenses under any of AVID’s
(or its licensors’) patents, patent applications, copyrights, trade
secrets, trademarks, or other intellectual property rights on account of
these Terms of Use. You acknowledge and agree that the features and
functionality of the Services, and all software, content, data,
information, and materials contained therein are the confidential and
proprietary information of AVID (or its licensors), and accordingly you agree
to (i) maintain the confidentiality of such information using reasonable
efforts and care (but in no event less than the same efforts and care you
use to protect your own confidential and proprietary information) and not
disclose such information to any third party without the prior written
consent of AVID, and (ii) only use such information for the purposes of
using the Services provided by AVID hereunder.
- Feedback and Revisions. Any and all (i) suggestions for correction, change, and
modification to the Services and other feedback (including but not limited
to quotations of written or oral feedback), information and reports
provided to AVID by you (collectively “Feedback”), and all (ii)
improvements, updates, modifications, or enhancements, whether made,
created, or developed by AVID or otherwise relating to the Services
(collectively, “Revisions”), are and will remain the property of AVID. You
acknowledge and expressly agree that any contribution of Feedback or
Revisions does not and will not give or grant you any right, title, or
interest in the Services or in any such Feedback or Revisions. All
Feedback and Revisions become the sole and exclusive property of AVID and
AVID may use and disclose Feedback and/or Revisions in any manner and for
any purpose whatsoever without further notice or compensation to you and
without retention by you of any proprietary or other right or claim. You
hereby assign to AVID any and all right, title, and interest (including,
but not limited to, any patent, copyright, trade secret, trademark,
show-how, know-how, moral rights, and any and all other intellectual
property right) that you may have in and to any and all Feedback and
Revisions. At AVID’s request, you will execute any document, registration,
or filing required to give effect to the foregoing assignment.
V. GENERAL PROVISIONS
- Modifications. We may modify these Terms of Use at any time. Modifications
become effective immediately upon your first access to or use of the
Services after the “Last Revised” date at the top of these Terms of Use.
If we make changes that are material, we may use reasonable efforts to
attempt to notify you, including by email or placing a prominent notice on
the first page of the Website. However, it is your sole responsibility to
review the Terms of Use from time to time to view any such changes. Your
continued access or use of the Services after the modifications have
become effective will be deemed your conclusive acceptance of the modified
Terms of Use. If you do not agree with the modifications to the Terms of
Use, then please do not access or use the Services.
- Termination. If you breach
any of the terms of these Terms of Use, all licenses granted by AVID,
including permission to use the Services, will terminate automatically.
Additionally, AVID may suspend or disable the Services (or any part of the
foregoing) with or without notice, for any or no reason. If AVID suspends
or disables the Services for any suspected breach of these Terms by you,
you are prohibited from using the Services under a different name. In the
event of suspension or disabling of the Services for any reason, AVID may,
but is not obligated to, delete any of your data or related information.
AVID shall not be responsible for the deletion of (or failure to delete)
your data or related information. All sections which by their nature
should survive the termination of these Terms of Use shall continue in
full force and effect subsequent to and notwithstanding any termination of
this Agreement by AVID or you. Termination will not limit any of AVID’s
other rights or remedies at law or in equity.
- Export Laws. You agree that you will not export or re-export, directly or
indirectly, the Services and/or other information or materials provided by
AVID hereunder, to any country for which the United States or any other
relevant jurisdiction requires any export license or other governmental
approval at the time of export without first obtaining such license or
approval. In particular, but without limitation, the Services may not be
exported or re-exported (a) into any U.S. embargoed countries or any
country that has been designated by the U.S. Government as a “terrorist
supporting” country, or (b) to anyone listed on any U.S. Government list
of prohibited or restricted parties, including the U.S. Treasury
Department’s list of Specially Designated Nationals or the U.S. Department
of Commerce Denied Person’s List or Entity List. By using the Services,
you represent and warrant that you are not located in any such country or
on any such list. You also agree that you will not use these products for
any purposes prohibited by United States law, including, without
limitation, the development, design, manufacture, or production of nuclear
weapons, missiles, or chemical or biological weapons. You are responsible
for and hereby agree to comply at your sole expense with all applicable
United States export laws and regulations.
- Taxes. You
are solely responsible for any and all duties, taxes, levies, or fees
(including any sales, use or withholding taxes) imposed on or in
connection with these Terms of Use by any authority.
- Injunctive Relief. You agree that a breach of these Terms of Use will cause
irreparable injury to AVID for which monetary damages would not be an
adequate remedy and AVID shall be entitled to equitable relief in addition
to any remedies it may have hereunder or at law without a bond, other
security, or proof of damages.
- Force Majeure. AVID will not be liable for failing to perform under these
Terms of Use by the occurrence of any event beyond its reasonable control,
including, without limitation, a labor disturbance, an Internet outage or
interruption service, a communications outage, failure by a service provider
to AVID to perform, fire, terrorism, natural disaster, or war.
This Agreement
may be terminated, in whole or in part, by AVID Center without liability upon
the occurrence of any circumstance beyond the reasonable control of AVID Center
– including, without limitation, acts of God, war, government regulations,
orders or declarations of emergency, disaster, epidemics or pandemics such as,
but not limited to, those that the U.S. Centers for Disease Control, the
comparable authorities in your or AVID Center’s jurisdiction and/or the World
Health Organization issue travel alerts or warnings against non-essential
travel to Hotel’s location, disease, illness or outbreak in the city where you
or AVID Center are located, strikes (except those involving the employees or
agents of the party seeking the protection of this clause), civil disorder, or
curtailment of transportation facilities or any other condition that creates,
or is reasonably expect to create, a significant risk to the health or safety
of you or AVID Center or that makes using the System impractical or makes it
illegal or impossible to provide (each, a “Force Majeure Event”).
- Integration. These Terms of Use contain the entire understanding of you
and AVID regarding its subject matter, and supersedes all prior and
contemporaneous agreements and understandings between you and AVID
regarding its subject matter.
- Miscellaneous. These Terms of Use may not be modified except by a writing
executed by the duly authorized representatives of AVID. No other act,
document, usage, or custom will be deemed to modify or amend these Terms
of Use. These Terms of Use will inure to the benefit of and will be
binding upon each party’s successors and assigns. These Terms of Use and
the licenses granted hereunder may be assigned by AVID but may not be
assigned by you without the prior express written consent of AVID. If any
provision hereof is or becomes, at any time or for any reason,
unenforceable or invalid, no other provision hereof will be affected
thereby and the remaining provisions will continue with the same effect as
if such unenforceable or invalid provisions will not have been inserted
herein; provided that the ability of either party to obtain substantially
the bargained-for performance of the other will not have thereby been
impaired. It is expressly understood that in the event either party on any
occasion fails to perform any term hereof and the other party does not
enforce that term, the failure to enforce on any occasion will not
constitute a waiver of any term and will not prevent enforcement on any
other occasion. Nothing contained in these Terms of Use will be deemed to
constitute either party as the agent or representative of the other party
or both parties as a joint venture or partnership for any purpose. In the
event that either party is prevented from performing, or is unable to
perform, any of its obligations under these Terms of Use due to any cause
beyond the reasonable control of the party invoking this provision, the
affected party’s performance will be extended for the period of delay or
inability to perform due to such occurrence. The headings and captions
contained herein will not be considered to be part of the Terms of Use but
are for convenience only. You agree that the laws of California, without
reference to conflict of law principals, govern these Terms of Use. Under
California Civil Code Section 1789.3, California users of the Service
receive the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800)
952-5210.
- Contact Us.
You may contact us regarding the Services or these Terms of Use by mail
at: 9797 Aero Drive, Suite 100, San Diego, CA 92123; by phone at:
1-833-AVID-CARE; or by email at: [email protected].
These Terms of Use set forth the entire understanding of the parties with
respect to the matters contained herein, and there are no promises,
covenants, or undertakings other than those expressly set forth herein.
AVID Center Privacy Policy
The following
privacy policy (the “Privacy Policy”) outlines what information AVID
Center (“AVID”, “we” or “us”) may collect from users of our website(s) avid.org;
aviddigitalxp.org; avidopenaccess.org; aviddiscover.org (the “Website”),
the MyAVID Portal (“MyAVID”), any of its subdomains, or any related sites,
applications, widgets, or online services offered
by AVID (collectively, the “Service”), how we protect, use, and
disclose that information, and what choices you have about how that information
is used and disclosed.
This Privacy
Policy is subject to the Service’s Terms of Use (“Terms of Use”) currently
located here,
or as updated on the Website from time to time. Further, because our Services
interact with numerous third-party services, it is your responsibility to read
and accept the terms of use and privacy policy of each such third-party site or
service prior to your use of, or interaction with, such services.
Please read
this privacy policy carefully before using the services. If you do not accept
this privacy policy, do not use the service. When
you use the Services, you understand that AVID may collect, use, and disclose
technical data and related information (collectively “Personal Information”)
about you in various ways subject to the terms of the Privacy Policy. If you
have any questions, please contact AVID per the information in Section 12.
We reserve the
right, at our sole discretion, to modify or replace this Privacy Policy at any
time.
1. Eligibility Requirements
As a service provider to educational institutions, AVID is committed to protecting the privacy of children, including any children under the age of 13.
AVID does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to make donations.
If we learn that we have collected Personal Information from anyone under the age of 13, we will delete that information.
Any student information collected by AVID on or through the Website is collected solely for the benefit of such students and their school systems, and not for commercial purposes or targeted advertising.
AVID does not sell or trade Personal Information. Accordingly, schools that AVID contracts with act as a parent’s/guardian’s agent for obtaining consent for the collection of a child’s personal information on the parent’s/guardian’s behalf.
Notwithstanding the foregoing, AVID will provide to parents/guardians, upon request, a description of the types of Personal Information collected on the Website, an opportunity to review the child’s Personal Information and/or have the information deleted; and the opportunity to prevent further use or online
collection of a child’s Personal Information. Subject to any legal and/or regulatory record keeping requirements, AVID retains Personal Information collected from a child for only as long as is necessary to fulfill the purpose for which it was collected and deletes such personal information using reasonable measures to protect against its unauthorized access or use.
2. Information We Collect
We collect certain Personal Information you
actively enter onto our online forms while using the Services.
2.1. Information We Collect From You
When you use the Services, we may collect
information you provide via forms, surveys, applications, or other online
fields including:
- Email
- Name
- Any additional information submitted by you via forms, surveys, applications, or other online fields, including any posts or exchanges over messaging within our platforms
2.2. Cookies and Other Technology
To help us serve your needs better, we use
“cookies” to store and sometimes track user non-Personal Information, such as
your IP address and click tracking. A cookie is a small amount of data that is
sent to your browser from a web server and stored on your computer’s hard
drive. A website can use cookies to recognize repeat users or track web usage
behavior. Cookies work by assigning a number to the user that has no meaning
outside of the assigning website. Users of the Services should be aware that
non-Personal Information and data may be automatically collected by virtue of
the standard operation of AVID’s computer servers or through the use of
cookies. If you do not want information to be collected through the use of
cookies, your browser allows you to deny or accept the use of cookies. There
may, however, be some features of the Services which require the use of cookies
in order to customize the delivery of information to you.
Users should be aware that AVID cannot
control the use of cookies (or the resulting information) by third parties. The
use of third-party cookies is not covered by our Privacy Policy. We do not have
access or control over these cookies.
We may also use web beacons to access our
cookies. A web beacon is an electronic file on a webpage that allows us to
count users who have visited that page and to recognize users by accessing our
cookies. Further, a web beacon can be used in HTML-formatted email to determine
responses to our communications and measure their effectiveness. You can avoid
web beacons by turning off HTML display and displaying only the text portion of
your email.
AVID does not track users across third
party websites, and therefore does not use or respond to “do not track” signals
in your web browser. However, some third-party websites do keep track of your
browsing activities when they serve you content, which enables them to tailor
what they present to you. If you are visiting such sites, certain website
browsers allow you to set the DNT signal on your browser so that third parties
(particularly advertisers) know you do not want to be tracked.
We may also use services hosted by third
parties, such as Google Analytics, a web analytics service provided by Google,
Inc. (“Google”), to assist in providing the Services. Google Analytics uses
cookies to help us analyze how users use the Services. The information
generated by the cookie about your use of the website (including your IP
address) will be transmitted to, and stored by, Google on their servers. Google
will use this information for the purpose of evaluating your use of the
Services, compiling reports on website activity for us and providing other
services relating to website activity and Internet usage. Google may also
transfer this information to third parties where required to do so by law, or
where such third parties process the information on Google’s behalf. Google
will not associate your IP address with any other data held by Google. You may
refuse the use of cookies by selecting the appropriate settings on your browser;
however, please note that if you do this you may not be able to use the full
functionality of the Services. By using the Services, you consent to the
processing of data about you by Google in the manner and for the purposes set
out above.
3. How We Use Your Information
While we have tried to favor sites that do
not require a login account, some third-party sites do require registration for
a login account. The Service includes links to external websites or
applications that are governed by their own privacy policies or
information-collection practices, which may be substantially different from
those of AVID. We encourage you to review the privacy policies and
information-collection practices of any external websites and apps before using
them with children. While many organizations have made their resources free for
students during this critical time, it is always important to be aware of how
your data will be used.
3.1. To Provide the Services
We use the information that we collect from
you to provide you with the Services, support and enhance your use of the
Services, allow you to evaluate your eligibility for such products or services,
to monitor which features of the Services are used most and to allow us to
determine which features we need to focus on improving. If you choose to
provide us with Personal Information, you consent to the transfer and storage
of that information on our servers located in the United States.
When you provide us with Personal
Information via any forms, surveys, applications, or other online fields on the
Service, you consent to receive periodic informational or promotional mail or
email, including our newsletter, from AVID or from third parties on AVID’s
behalf. You may opt out of these communications at any time following the
instructions set forth in the communications, or if no instructions are
included, then by contacting us per Section 12 below.
We use non-Personal Information collected
from users of the Services in the aggregate, so that we can improve the
Services and for business and administrative purposes.
3.2. Payment and Donor Information
All electronic donations and payments made
via the Website will be processed by third-party payment processing services.
The credit card, billing information, or other information that you provide
during the payment or donation process is not stored on our servers and is
handled by such third-party payment processing services. It is your
responsibility to read and accept the terms of use and privacy policy of each
such third-party site or service prior to your use of, or interaction with,
such services. While we will seek to require such third parties to follow
appropriate privacy policies, we do not bear any responsibility for any actions
or policies of third parties.
3.3. Diagnose Website Problems
AVID uses your Internet Protocol (IP)
address to help diagnose problems with our computer server, and to administer
the Website. Your IP address is also used to gather broad demographic data. It
is not stored or linked to your personal profile information, such as name or
contact information.
3.4. Service-Related Announcement
We will send you service-related
announcements on rare occasions when it is necessary to do so. For instance, if
our service is temporarily suspended for maintenance, we might send you an
email.
Generally, you may not opt out of these
communications, which are not promotional in nature.
3.5. Customer Service
We will also communicate with you in
response to your inquiries and to provide the services you request. We will
communicate with you by email or telephone, in accordance with your wishes. By
providing a telephone number, you authorize us to contact you at that number
for the purposes outlined in this Privacy Policy. This authorization can be
rescinded at any time by contacting us per Section 12. We will use commercially
reasonable efforts to respond to your access request within 30 days.
4. Our Disclosure of Your Information
4.1. Aggregated Data
AVID may share aggregated usage and log
data collected from users of the Services with third parties for industry
analysis and demographic profiling, but such aggregated data will not include
any Personal Information.
4.2. Third-Party Service Providers
We may employ third-party companies and
individuals to facilitate our provision of the Service, to provide the Service
on our behalf, provide customer support, perform Service-related services
(e.g., payment processing, newsletter distribution, maintenance services,
database management, web analytics and improvement of the Services’ features)
or to assist us in analyzing how our Services are used. These third parties may
have access to your Personal Information, but only to the extent needed to
perform these tasks on our behalf. If you choose to donate on or through any
such third-party companies, the information may be used by such third parties,
each pursuant to its own policies. There are also times when you provide
information about yourself to us in areas of the Service that may be managed or
participated in by third parties. While we will seek to require such third
parties to follow appropriate privacy policies and will not authorize them to
use this information except for the express purpose for which it is provided,
we do not bear any responsibility for any actions or policies of third parties.
4.3. Law Enforcement
AVID cooperates with government and law
enforcement officials, agencies, and private parties to enforce and comply with
the law. We will disclose any information about you to government or law
enforcement officials, agencies, or private parties as we, in our sole
discretion, believe necessary or appropriate to respond to claims and legal
processes (including but not limited to subpoenas), to protect the property and
rights of AVID or a third party, to protect the safety of the public or any
person, or to prevent or stop activity we may consider to be, or to pose a risk
of being, an illegal, unethical, or legally actionable activity.
4.4. Business Transfers
In the event that all or a substantial
portion of the assets, business, or stock of AVID are acquired by, merged with
or transferred to another party, or in the event that AVID goes out of business
or enters bankruptcy, your Personal Information may be one of the assets that
is transferred to or acquired by the third party. You acknowledge that such
transfers may occur, and that any acquirer of AVID or its assets may continue
to use your Personal Information as set forth in this Privacy Policy. If any
acquirer of AVID or its assets will use your Personal Information contrary to
this Privacy Policy, you will receive prior notice.
5. Updating Your Personal Information and
Preferences
If your Personal Information changes, or if
you no longer desire our Services, or if you wish to update your preferences to
receive email or other communications from us, you may correct, delete
inaccuracies, or amend your Personal Information and preferences by contacting
us per Section 12. We will use commercially reasonable efforts to respond to
your access request within 30 days.
6. Retention of Personal Information
We will retain your Personal Information
for the length of time needed to fulfill the purposes outlined in this Privacy
Policy unless a longer retention period is required or permitted by law, or as
necessary to comply with our legal obligations, resolve disputes, and enforce
our agreements.
7. Security
It is our policy to protect your data
against unauthorized access or release, and in support of this effort we
implement best practices in data security, including encryption of data in
transit and at-rest. However, we cannot guarantee the security of our database,
nor can we guarantee that information you supply won’t be intercepted while
being transmitted to us over the Internet, and any information you transmit to
AVID you do at your own risk.
8. Individual California Residents
California residents may choose to request
certain information regarding our disclosure of personal information to third
parties for their direct marketing purposes or choose to opt out of such
disclosure. Our policy is not to disclose personal information collected online
to a third party for directing marketing without your approval. To make a
request or to opt out at any time, please contact us per the information in
Section 12. It is important to note that this opt-out does not prohibit
disclosures made for non-marketing purposes.
9. Third-Party Links
We may provide links to third-party
websites. If you follow links to sites not affiliated or controlled by AVID,
you should review their privacy and security policies and other terms and
conditions. AVID does not guarantee and is not responsible for the privacy or
security of these sites, including the accuracy, completeness, or reliability
of their information.
10. Changes to This Privacy Policy
We may update this Privacy Policy to
reflect changes to our information practices. If we make any changes, we will
notify you by means of a notice on this Website prior to the change becoming
effective. We encourage you to periodically review this page for the latest
information on our privacy practices.
11. Users Outside the United States
This Privacy Policy is intended to cover
collection of information from residents of the United States. The Service and
the services upon which the Service is hosted are located in the United States.
Personal Information you submit using the Service will be transferred to and
stored in the United States. By visiting the Service and submitting Personal
Information, you authorize this transfer.
12.Contact AVID
If you have questions or concerns regarding
this Privacy Policy, contact us at:
By mail: AVID, 9797 Aero Drive, Suite 100,
San Diego, CA 92123
By phone: 1-833-AVID-CARE
By email: [email protected]