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

1. 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.
2. 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

3. 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.
4. 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.

5. Your Data. For more information about how we may use and share your data and related information, please review the Privacy Policy.
6. 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

7. 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.
8. 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.
9. 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.
10. 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.
11. 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

12. 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.
13. 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

14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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”).

20. 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.
21. 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.
22. 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]