Using this website means that you accept these terms—by visiting this website you agree to be bound by the terms and conditions of this Agreement. If you do not agree please do not use or access our Site.
Over 13 Years of Age
The Children’s Online Privacy Protection Rule (“COPPA”) applies to children under the age of 13 and we restrict access to the Site to adults and students over the age of 13. Please do not use this website, or send any personal information to us, if you are under 13 years of age.
Description of Service
You understand and agree that the Service is provided “AS-IS” and that SVHS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to temporarily or indefinitely suspended members. If you do not qualify, please do not use our Site. Further, your SVHS account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Your Registration Obligations
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Member Account, Password & Security
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SVHS, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. SVHS does not guarantee the accuracy, integrity or quality of Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SVHS be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a SVHS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. “stalk” or otherwise harass another; or
m. collect or store personal data about other users.
n. promote or sell technologies that violate any import/export regulations.
o. sell or promote unregistered shares or any form of securities in violation of the Securities Act of 1933, the Securities Exchange Act of 1934 and any other rules related to securities transactions regulated by organizations and agencies such as the Security Exchange Commission (the “SEC”) and the National Association of Securities Dealers (the “NASD”).
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by SVHS and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
We use techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, SVHS cannot and does not confirm each user’s purported identity. You may also wish to consider using a third party escrow service or services that provide additional user verification.
In the event that you have a dispute with one or more users, you release SVHS (and our officers, directors, agents, subsidiaries, joint venturers, shareholders, owners and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, or the business entity you represent is subject to California law, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Acceptance of Risk
We do not control the information provided by other users that is made available through our system. You may find information from other users to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and SVHS is not responsible for the acts or omissions of users on the Site.
Without limiting any other remedies, SVHS may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
You agree that we may remove the content you have posted, submitted or otherwise made available for inclusion on the Service if we decide it is harmful, misleading or otherwise inappropriate.
Access and Service Interference
You agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Site without the prior written permission of SVHS and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You agree that you will not disclose your own trade secrets, or commercially sensitive information on the Site. You further agree not to disclose or circulate confidential information you receive from other users of the Site.
We do Not Guarantee Accuracy
SVHS is not responsible for the accuracy of information you may find on the Site.
We do Not Guarantee Uninterrupted Service
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
Proprietary Rights & Copyright
All rights in and to the Site, SVHS database (the “Database”), the written components thereof and the services available on the Site and materials provided in connection therewith are proprietary to SVHS. The Site, its content and the materials utilized by SVHS in rendering Services are protected by copyright, both with respect to individual content and as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, create derivative works from, distribute or otherwise exploit any of the content or software on the Site, or other SVHS materials without our prior written consent. You may, however, print portions of the Site’s content for individual use, provided that you maintain all copyright and other notices contained in such content.
You acknowledge and agree that the Service, course designs, quiz questions and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized in writing by SVHS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
SVHS grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SVHS for use in accessing the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that SVHS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SVHS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Third Party Advertising
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources that contain advertising. In some cases, such as YouTube videos, such advertising is necessary to provide you with the content and maintain a reasonable price point for our courses. You accept that you will be exposed to advertising materials when using the Service.
You agree not to use any device, software or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action that imposes an unreasonable load on our infrastructure. You agree not to take any actions that may undermine the integrity of any feedback system, such as: leaving feedback for yourself; leaving feedback for other users using secondary accounts or third parties; or leaving feedback intended to influence action that is outside the scope of the Site. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Services and transfers of technologies in which you are involved, including without limitation all applicable import/export requirements, and SVHS will have no responsibility with respect thereto.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your SVHS I.D.), use of the Service, or access to the Service.
SVHS will not be liable for delays, errors or omissions in performance due to your failure to provide required resources, access to personnel, information or facilities or to causes beyond its reasonable control, and will be entitled to a reasonable extension of time to remedy any such delay or failure to perform.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SVHS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. SVHS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMIT TO LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SVHS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SVHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Service.
Modifications to Service
SVHS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SVHS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SVHS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
No Third Party Beneficiaries
“Silicon Valley High School” is a registered trademart of Silicon Valley High School Inc. “SVHS” is a common-law trademark of Silicon Valley High School Inc. Without our prior permission, you agree not to display or use in any manner, any trademarks beloning to Silicon Valley High School Inc. All other trademarks belong to their respective owners.
Reasonable Use Policies
While enrolled as a student, you are free to use the Service to study for the course(s) enrolled. Extensive use of the Service beyond the scope of studying for enrolled courses is considered unreasonable, and can result in termination of your account.
Part-time (supplemental) students: please refer to the Policies page for details of the refund policies applying to individual courses.
Full-time students: please refer to your enrollment agreement for details of the refund provisions for full-time programs.
You will be enrolled in a course for 365 days. Once the course is completed, your access to the Service will expire. If you need more time to complete the course, please request an extension.
Governing Law & Jurisdiction
This Agreement shall be governed by the laws of the State of California, without reference to conflicts of law principles. Both parties consent to submit to the jurisdiction of the Superior Court of the County of Santa Clara, California.
Waiver and Severability of Terms
Guest access is made available only for evaluation of the SVHS course materials for students or organizations considering enrolling on SVHS courses and is not available for any other purpose. Educators wishing to incorporate SVHS materials into their programs are required to contact SVHS in order to acquire a license and enroll students with SVHS. If you are a student, you lack the funds to enroll on a course, and you are not paying tuition fees to other educators, then you are free to access and evaluate our materials as a Guest until such time as you are financially capable of enrolling on a course.
Version: April 26th, 2018