Last Updated: February 21, 2021
Company reserves the right to change, modify, add or remove portions of Terms at any time and at Company’s sole discretion. Your notification of changes is indicated by the last updated date on the Terms. Please periodically visit this section of the Site to review the current version of these Terms.
General Provisions: Registration, Responsibilities and Passwords
The school and head coach assume sole responsibility (and hereby agree that Company is not responsible) for obtaining any consents required from parents or guardians, in connection with students using the Site and disclosure of personally identifiable information to Company. The school and head coach represent and warrant to Company that they have either obtained all necessary parent or guardian consents or have complied with all applicable requirements of an exemption from or exception to parental consent requirements.
If a parent of the minor User does not consent or rescinds, head coach or school personnel shall immediately delete the student’s personal information from the Site and notify Company to remove that student’s access and student's personal information from the Site. Under no circumstances will Company be liable for the head coach or school official's failure to obtain consent from parents or guardians when required.
By registering an account, User represents that (1) you are at least 13 years of age, or (2) you are of legal age of consent to open an account, or (3) your use of the Site has been approved by your parent or legal guardian, or by your school, teacher, or coach for Science Olympiad use.
If you are under the age of 13, you may not create or register an account without consent and approval from your legal parent or guardian, your school or head coach. If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf.
In order to use certain features of the Site, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Company, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized use of your account ID or password), then you agree to immediately notify head coach, school and Company at email@example.com. You may be liable for the losses incurred by Company or others due to any unauthorized use of your account.
Company reserves the right to modify, revise or discontinue the Site and any features, functionality or services provided as part of or in connection with the Site, without prior notice.
Use of Information and Content
Unless otherwise noted, Company authorizes you to download and print downloadable content for your organization and personal use only. You agree not to (1) modify or create derivative works of the Site (2) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Site, and (3) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.
The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Site are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any Subscriber Content provided and owned by Subscribers, all available through the Site are owned by or licensed to Company, and Company reserves all rights therein and thereto not expressly granted by these Terms.
You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; not to modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent expressly permitted by Company herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or not to intentionally interfere with or damage operation of the Site or any user's enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
You understand that when using Site, you will be exposed to Subscriber Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Subscriber Content. You further understand and acknowledge that you may be exposed to Subscriber Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto. Site does not endorse any Subscriber Content or any opinion, recommendation or advice expressed therein, and Site expressly disclaims any and all liability in connection with Subscriber Content.
YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTUE A VIOLATION OF APPLICALBE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
The design of the Site is the property of Company. The Site and its elements, including but not limited to the Site’s design, its logos, graphics, sounds or images, features, may be protected by copyright, database, trademarks or other laws, and may not be copied, distributed or imitated, unless specifically specified.
Links to other Sites
Site may include links or references to other websites or services solely as a convenience to Users. Company is not responsible for their content or the collection of any personal data or information by these other websites.
User and Subscriber Communications
Company has no obligation to review or monitor users’ and subscriber's post communications, including Company-provided websites to Subscribers, chat rooms, bulletin boards and user forums. Company does not accept any responsibility or liability for the posted communications. However, Company reserves the right to take any action it deems necessary to protect the Site and its content.
You may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.
Termination by Company
Company, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with Site or your use of the Site or remove and discard all or any part of your account, User profile, and Subscriber Content, at any time. Company may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have, or portion thereof, may be affected without prior notice, and you agree that Company will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity. As discussed herein, Company does not permit copyright, trademarks, or other intellectual property infringing activities on the Site, and will terminate access to the Site, and remove all Subscriber Content or other content submitted, by any Users and Subscribers who are found to be repeat infringers.
Termination by You
You agree, to the extent permissible under your state's laws, to indemnify, defend, and hold harmless Company, its board of directors, its agents, employees, volunteers, and anyone affiliated with Company from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (1) your access to, use or misuse of the Site; (2) your breach or alleged breach of these Terms, or any violation of the Terms; (3) any breach of the representations, warranties, and covenants; (4) your failure to comply with Applicable Laws (including any failure to obtain or provide any necessary consent or notice); (5) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your Subscriber Content, or (6) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users.
THE SITE AND ALL DATA, INFORMATION, SOFTWARE, WEBSITES MATERIALS, CONTENT AND SUBSCRIBER CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMTED TO, ALL IMPLIED WARRANTIES OF QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGHT THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
COMPANY DOES NOT WARRANT THAT THE SITE OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRSUSES OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT COMPANY OFFERINGS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS OR UNINTERRUPTED, SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT COMPANY OFFERINGS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS OR UNINTERRUPTED OR SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, SITE MATERIALS, SOFTWARE, OR DATA THROUGH SITE IS AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER PROPERTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST OF BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, LOSS OF COMPUTER SYSTEM OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMTED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF ANY, DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
The failure of Company to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provisions of the Terms will be effective only if in writing and signed by Company.
The Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
7875 Highland Village PL #B102-220
San Diego, CA 92129-5189