Terms of Use

Effective Date: November 21, 2008

Welcome to the mlapartnerschools.org website (the "Site") which is owned and operated by MLA Partner Schools, a California non-profit corporation ("MLAPS" or "we"). Your use of the Site is governed by this User Agreement ("UA") which, together with our Privacy Policy, constitutes the legal contract between you and MLAPS regarding your use of the Site.

PLEASE READ THIS UA AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. By using the Site, you acknowledge and accept this UA and our Privacy Policy and agree to be bound by their terms. If you are a parent or legal guardian of a minor (i.e., a person under the age of 18), you understand and acknowledge that use of the Site by such minor is subject to this UA.

PRIVACY POLICY

We are committed to protecting the privacy of any personal information you may provide to us when you use the Site. Please see our Privacy Policy for details. This UA includes and incorporates by reference our Privacy Policy. By accepting the terms of this UA, you agree to abide by the terms of our Privacy Policy.

CHANGES AND UPDATES

We reserve the right to change and update this UA and/or our Privacy Policy at any time in our sole discretion. For example, we may amend this UA and/or our Privacy Policy to incorporate additional rules and policies as may be established by MLAPS from time to time, and/or to comply with or adopt any changes in law or industry practices. If we make changes and updates to this UA and/or our Privacy Policy, we will announce and post such changes and updates on the Site for the general public. If you have provided your email address to MLAPS, we may also notify you of such changes and updates via email. By continuing to use the Site after such notice, you signify your affirmative consent and agreement to all changes and updates of which you have been given notice.

ELIGIBILITY

Use of the Site is void where prohibited. By using the Site, you represent and warrant that: (1) all information you submit is truthful and accurate; (2) you are at least 18 years old or, if under 18, have received parental consent and supervision when using the Site; and (3) your use of the Site does not violate any applicable law or regulation. Your use of the Site may be terminated without warning if we believe you are in violation of any of these conditions. Minors who use the Site are assumed to have parental or guardian supervision and consent.

RESERVATION OF RIGHTS

Your use of the Site and the Content is a privilege, and NOT a right. Accordingly, MLAPS expressly reserves the following rights:

(1) the right to suspend, revoke and terminate your privilege to use the Site and the Content at any time and with or without notice, should you violate this UA or any applicable law;

(2) the right to terminate your use of the Site, should we determine, in our sole discretion that you are a repeat or knowing copyright infringer; and

(3) the right to investigate any violation or suspected violation of this UA and cooperate with law enforcement authorities and/or third parties in such investigation.

INTELLECTUAL PROPERTY

1. Trademarks and Service Marks. MLAPS' name and logo and the term "Mentor LA" (collectively "Marks") are trademarks and service marks of MLAPS and are protected by federal, state and international laws. Except for purposes of making truthful references or attribution to MLAPS, you may not use any of the Marks, or any variations thereof, for any purpose or in any manner, without express prior written consent of MLAPS. Without limitation to the generality of the foregoing, you may not use any of the Marks for advertising, promotional or marketing purposes, or for seeking commercial or monetary gain, or in any way that deliberately or inadvertently claims, suggests, implies, or in MLAPS' sole judgment gives the appearance or impression of, any association, connection or affiliation with MLAPS (other than a truthful, non-misleading indication that you are a member of or donor to MLAPS), or any endorsement, sponsorship or approval by MLAPS.

Unless otherwise noted, all other trademarks and service marks appearing on the Site are the property of their respective owners.

2. Copyrights. All content on the Site, including, without limitation, text, articles, editorials, images, photographs, graphics, artwork, audio, video and other multimedia material, and software (collectively "Content"), as well as the design and layout of the Site, belong to MLAPS and their respective providers/licensors, and are protected under U.S. and international copyrights. You may use the Site and Content for your personal, non-commercial use only, provided you do not delete or alter any copyright, trademark, or other proprietary notices appearing on or within the Site or Content. Except as otherwise expressly permitted herein, you may not alter, modify, edit, copy, reproduce, distribute (for compensation or otherwise), transmit, display, perform, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any Content, for any purpose or in any manner, without MLAPS' express prior written consent.

3. Notification of Copyright Infringement Claims. If you believe that your copyright has been infringed or violated by any Content on the Site, please contact us in writing as follows:

By mail:
MLA Partner Schools
1035 S. Grand Ave., 2nd Floor
Los Angeles, CA 90015

By fax:
(213) 745-8063

By email:
info@mlapartnerschools.org

To enable us to investigate your alleged infringement or violation, please include the following in your notice:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MLAPS will investigate claims of copyright infringement upon notice and will take appropriate actions as required or permitted by law.

Please be aware that, under applicable law, anyone who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, may be liable for damages to those who are injured by such misrepresentation.

THIRD PARTY WEBSITES

For your convenience, the Site may contains links to third-party websites. Such linked third-party sites are not owned, controlled, operated or maintained by MLAPS. Accordingly, MLAPS is not responsible for the content, products, services, policies or activities of such linked third-party sites. The inclusion of any link or reference to a third-party site does not constitute or imply MLAPS' endorsement, sponsorship or approval of, or MLAPS' affiliation or association with, such third-party site or its content, products, services, policies or activities.

LINKING TO OUR SITE

You may link to the homepage of the Site, provided that: (1) your linking or your use of our Marks for linking purposes is conducted in a truthful and non-misleading manner, and does not convey the impression that your website is endorsed, sponsored or approved by, or is other affiliated or association with, MLAPS; and (2) you warrant that the content of your website is appropriate and consistent with the stated purposes of MLAPS. If this is not the case, please do not link to our Site. MLAPS reserves the right to rescind your privilege to link to the Site at any time in its sole discretion. Upon request by MLAPS, you agree to immediately remove any link to the Site and to discontinue use of any of our Marks for linking purposes.

Notwithstanding anything herein to the contrary, you may NOT frame or make deep linking, in-line linking or similar forms of linking to the Site or any of its pages, without our express prior written consent.

MAKING DONATIONS TO MLAPS

Subject to the special provisions applicable to donors set forth below, you may make donations to MLAPS directly on the Site, or by contacting us at:

MLA Partner Schools
1035 S. Grand Ave., 2nd Floor
Los Angeles, CA 90015
Tel: (213) 745-4928
Fax: (213) 745-8063
Email: info@mlapartnerschools.org

Any personal information, including your name, address, email and credit card information, that you disclose in connection with a donation on the Site will be subject to our Privacy Policy.

SPECIAL PROVISIONS FOR DONORS

By making a donation on the Site, you represent and warrant that: (1) you are a U.S. citizen at least 18 years old or, if under 18, are at least 13 years of age and are acting with parental consent and under parental supervision; (2) all information you provide to MLAPS is accurate, and you will update the information to keep it accurate; and (3) any donation you make is legal in your jurisdiction.

Donations made on the Site, once processed by us, are not cancelable, refundable or returnable.

Any information, literature or other material we may send you regarding your donation is solely for your personal, non-commercial use, and may not be redistributed, displayed or copied.

SPECIAL PROVISIONS FOR PROPOSAL SUBMISSION

We welcome teachers and other education professionals of our Partner Schools to submit proposals to MLAPS regarding potential projects and programs that we may have an interest in funding.

By making a proposal to MLAPS, you represent and warrant that: (1) you are a licensed teacher, librarian, guidance counselor, coach or other public school employee directly serving students and currently employed at the Partner School specified by you; (2) the activity you propose is legal and falls within the standards of your board of education; (3) all information you provide to MLAPS is accurate, and you will promptly update the information to keep it accurate; (4) any proposal you submit is solely for you and your class and is not on behalf of any other teacher or class; and (5) you have full rights to all ideas and written expressions contained in your proposal, and you (and not MLAPS) are solely responsible for your proposal, including its legality and appropriateness, and your proposal represents your original and independent creation and use thereof by MLAPS will not infringe upon any rights of any third party.

Any information, literature or other material we may send you regarding your proposal is solely for your personal, non-commercial use, and may not be redistributed, displayed or copied.

You retain ownership right in any proposal you submit, provided that you hereby grant to MLAPS a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid and fully sublicensable license to copy, reproduce, publish, display, create derivative works and make other uses of your proposal, in whole or in part, to further MLAPS' purposes and activities and to promote MLAPS and its programs, in any medium now known or developed in the future, regardless of whether or not your proposal is funded.

You understand and agree that MLAPS shall not be required to treat any proposal you submit as confidential.

DISCLAIMERS

THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MLAPS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, MLAPS DOES NOT WARRANT OR GUARANTEE THAT: (1) THE SITE AND THE CONTENT ARE ERROR-FREE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE CONTENT WILL BE RELIABLE; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (4) YOUR USE OF THE SITE AND THE CONTENT WILL NOT INFRINGE THIRD-PARTY RIGHTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MLAPS, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE (COLLECTIVELY "MLAPS AND ITS RELATED PARTIES") BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY LOSS OF USE, DATA, SALES OR PROFITS) RESULTING FROM (1) YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY CONTENT OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER RELATING TO THE SITE OR ANY CONTENT, EVEN IF MLAPS AND ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE MLAPS AND ITS RELATED PARTIES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY SUCH DAMAGES OR LOSSES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold MLAPS and Its Related Parties harmless from and against any and all claims made by, and any and all damages and judgments (including reasonable attorneys' fees) awarded to, any third party due to or resulting from: (1) your use or misuse of the Site; (2) your violation of this UA or any applicable law; (3) breach of any of your representations and warranties set forth herein; or (4) any proposal or other material you provide to MLAPS.

GOVERNING LAW

This UA is governed by and shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

DISPUTE RESOLUTION

THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

Any controversy or claim arising out of or relating to this UA or use of the Site shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and MLAPS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Both you and MLAPS may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Los Angeles, California, as may be necessary to protect the rights or property of you or MLAPS pending the completion of arbitration.

MISCELLANEOUS

This UA, together with our Privacy Policy, constitutes the entire agreement between you and MLAPS concerning your use of the Site and the Content. If any provision of this UA is deemed by a court of competent jurisdiction to be unlawful, invalid or unenforceable, it will not affect the validity and enforceability of the remaining provisions. No waiver of any provision of this UA shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under this UA shall not constitute a waiver of such right or provision.

CONTACT US

If you have any questions regarding the Site or this UA, please contact us at:

MLA Partner Schools
1035 S. Grand Ave., 2nd Floor
Los Angeles, CA 90015
Tel: (213) 745-4928
Fax: (213) 745-8063
Email: info@mlapartnerschools.org