Terms of Use

Last Updated and Effective Date: July 20, 2021

Welcome to Beacon Day School’s website! Please take a few minutes to carefully review these Terms of Use and the Privacy Policy, which are hereby incorporated into these Terms of Use.

By accessing or using www.beacondayschool.com (the “Website”), you are agreeing to follow and be bound by these Terms of Use. If you do not agree with any of the provisions in these Terms of Use, please do not use and you are not authorized to use the Website.

 

USE OF WEBSITE

Subject to your compliance with these Terms of Use, Beacon Day School allows you to access and make personal and non-commercial use of the Website. You may not use any aspect of the Website, including, without limitation, providing links to the Website or using any content or information available on the Website for any resale, commercial, or public use, without the prior express written approval of Beacon Day School. You may not make any copies or derivative uses of any content or information available on the Website without the prior express written approval of Beacon Day School. You may not download or copy any information, service, or content on the Website for the benefit of a third party, or use data mining, robots, or similar data gathering or extraction tools. 

 

You will not use the Website, or any of its content or services, for any illegal or prohibited purpose. You are also prohibited from accessing data not intended for you, attempting to breach our security measures, interfering with the use of or access to the Website, attempting to decipher, decompile, disassemble, or reverse engineer any software used by or on the Website, or using any engine, software, tool, or other mechanism, including, without limitation, browsers, spiders, or robots, to navigate or search the Website. All rights not expressly granted to you in these Terms of Use are reserved and retained by Beacon Day School.

 

INTELLECTUAL PROPERTY OWNED BY BEACON DAY SCHOOL

The Website and the content made available through the Website, including, but not limited to, emails, articles, text, information, graphics, artwork, photographs, videos, logos, icons, and data compilations, are either owned by Beacon Day School or used with authorization by its respective owners.  

 

The Website and all of the content owned by Beacon Day School are protected by U.S. and international copyright laws and may not be copied, modified, reproduced, posted, downloaded, transmitted, displayed, broadcast, or distributed in any way, in whole or in part, without the prior express written consent of Beacon Day School. 

 

The trademarks, service marks, trade dress, and logos on the Website are owned, controlled, or licensed by Beacon Day School and are protected by various intellectual property and unfair competition laws. All other intellectual property that may be used on the Website not owned by Beacon Day School are the property of their respective owners.  

 

Nothing in these Terms of Use or any other language on the Website is intended to create a license or give you any right to use any of the intellectual property or content on the Website. Beacon Day School respects the intellectual property rights of others and actively enforces its own intellectual property rights to the fullest extent of the law.

ELECTRONIC COMMUNICATIONS

By using the Website, or by sending us messages, you are consenting to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

THIRD PARTIES

The Website may provide links to third party websites. Beacon Day School takes no responsibility and assumes no liability for any content, warranties, representations, purchases, or any statements or activities made on or in connection any third-party websites or services.  

INFORMATION ON WEBSITE

The content and information provided on the Website is for general informational purposes only. The content provided on the Website is not a substitute for professional advice, including, without limitation, medical advice, diagnosis, or treatment. Your reliance on any content provided on the Website is at your own risk.  Beacon Day School encourages you to seek the opinion of professionals. Please do not submit any sensitive information via the Website.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

The Website and any information, products, content, materials, and any services included on or made available to you through the Website are provided on an "AS IS" and "AS AVAILABLE" basis.

 

Beacon Day School makes no representations or warranties of any kind, express or implied, with regard to the Website, its contents, any products referenced on the Website, or its services.  To the full extent permissible by applicable law, Beacon Day School disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, noninfringement and fitness for a particular purpose.

 

You expressly agree that your use of the Website and services offered through the Website is at your sole risk.

In no event will Beacon Day School be liable for any damages of any kind arising from your use of the Website, from your use of any Beacon Day School service, or from any information, product, content, or material included on or otherwise made available to you through the Website, including, but not limited to, direct, indirect, incidental, punitive or consequential damages, even if we have been advised of the possibility of such damages.

If you are dissatisfied with the Website or any of its contents, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

This DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY shall apply to the extent not prohibited by applicable law.  Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.  

To the residents of New Jersey, your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act. The provisions in the DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY and elsewhere in this Terms of Use and our Privacy Policy may be different than the rights you might enjoy under the laws of New Jersey. Your rights regarding the DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY and other provisions in our Terms of Use and Privacy Policy will be governed by applicable New Jersey law and not by the Terms of Use and Privacy Policy to the extent that the provisions are inconsistent with New Jersey law. 

ARBITRATION CLAUSE AND CLASS ACTION WAIVER

This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act, and you agree that this section satisfies the writing requirement of the Federal Arbitration Act. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Website, (ii) any data or information you may enter into the Website or that we may gather in connection with such use or interaction, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Website, you agree to binding arbitration administered by JAMS or its successor (“JAMS”) in Orange County, California. The JAMS Arbitrator shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations.

GENERAL PROVISIONS

Indemnification: You agree to indemnify and hold Beacon Day School, our officers, shareholders, employees, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses, and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) your violation of these Terms of Use, Privacy Policy, any other agreement with us applicable to the Website, any representation or warranty contained herein or therein, or any applicable law; (ii) any materials submitted by you using the Website; and (iii) your activities in connection with obtaining any products or services from us on the Website.

 

  • Severability: If any of the provisions under these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

 

  • Captions: The captions contained in these Terms of Use and in the Privacy Policy are for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions of these Terms of Use or of the Privacy Policy.

 

  • No Waiver: No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

 

  • Entire Agreement: The Terms of Use and the Privacy Policy are the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. 

EFFECTIVE DATE/UPDATES/QUESTIONS

The effective date of these Terms of Use is July 15, 2021.  We may update the Terms of Use at any time in our sole discretion. When it is updated, the updated Terms of Use will be made available on the Website for your convenience.

If you have any questions regarding the Terms of Use, please contact us at CNguyen@beacondayschool.com.