") which is owned and operated by MLA Partner Schools, a California non-profit corporation ("
"). Your use of the Site is governed by this User Agreement ("
") 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 and our Privacy Policy..
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, are at least 13 years of age and are acting with parental consent and under parental 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 between age 13 and 17 who use the Site are assumed to have parental or guardian supervision and consent. No one under the age of 13 may use the Site.
RESERVATION OF RIGHTS
Your use of the Site 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 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.
DIRECTORY; REQUEST FORM
The purpose of the Site is to provide parents and legal guardians of our school students (collectively “Parents” and individually a “Parent”) with information about third-party resources available in the MLAPS network. To that end, the Site features a searchable online directory of third-party vendors that participate in the MLAPS network (each, a “Participating Vendor” and collectively “Participating Vendors”), including their basic profiles and contact information (the “Directory”). The Directory includes a search function that enables Parents to conduct searches for Participating Vendors.
If you are a Parent, you can also contact Participating Vendors and request referrals through the Site by completing our contact/referral request form on the Site (the “Request Form”). On the Request Form, you will need to provide your name, telephone number and email address. Also, you will need to provide a description of your request by completing the “Note” section on the Request Form. It is entirely up to you to disclose as much or as little in the “Note” section, but generally speaking, the more specific you are in describing your request, the better we can help you find Participating Vendors that match or potentially match your request. Upon receiving your completed Request Form, we will use the information you provided to process your request and will direct your information and request to matching or potentially matching Participating Vendors (if any) so that they can contact you directly regarding your request.
By using the Request Form, (1) you represent and warrant that you are a Parent and that all personal information (name, telephone number, email address, etc.) provided by you on the Request Form is your own personal information, and not that of someone else; (2) you agree and consent to the internal use by Los Angeles Unified School District (“LAUSD”) and MLAPS (including our participating schools) of any and all information provided by you on the Request Form, as well as the sharing of such information with Participating Vendors for use as specified in this UA and our PRIVACY POLICY; and (3) you further agree to waive any and all claims against LAUSD, MLAPS, and/or their respective officers, directors, employees, agents and representatives, based upon or relating to the INTERNAL use by LAUSD and/or MLAPS of any information provided by you on the Request Form, or the sharing of any such information with Participating Vendors FOR USE as specified in THIS UA and our PRIVACY POLICY.
PARTICIPATING VENDORS
The Directory is for your informational purposes only. All vendor profile and contact information contained in the Directory is provided by Participating Vendors, and NOT by MLAPS. MLAPS has NO control over the accuracy of any such information and does NOT independently screen, investigate or verify any such information. The listing of a Participating Vendor in the Directory, linking to such Participating Vendor’s website, or any other reference to such Participating Vendor in the Directory, does NOT constitute or imply MLAPS’s endorsement, approval, authorization, sponsorship or recommendation of, or MLAPS’s affiliation or association with, such Participating Vendor or any product, service, offering, view, belief, opinion, statement, representation, policy, activity, conduct or practice of such Participating Vendor. All Participating Vendors are independent contractors and there is NO relationship of agency, legal representative, employment, trust, joint venture or partnership between any Participating Vendor and MLAPS. By using the Site, the Directory AND/OR the REQUEST FORM, you acknowledge and agree that under no circumstances shall MLAPS be held responsible or liable for any product, service, offering, view, belief, opinion, statement, representation, policy, activity, conduct or practice of a Participating Vendor, or for any misrepresentation, misinformation, misstatement, error, omission, NEGLIGENCE, misconduct OR malpractice of a Participating Vendor.
MLAPS reserves the right to delete and remove any Participating Vendor from the Directory at any time, with or without notice to you.
INTELLECTUAL PROPERTY
1. Trademarks and Service Marks. MLAPS' name and logo and the term "LA’s Promise" (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, the Directory (including the organization, arrangement and presentation of information in the Directory), the Request Form, and all 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, the Directory and the Request Form, belong to MLAPS and their respective providers/licensors, and are protected by U.S. and international copyrights. You may use the Site, the Directory, the Request Form, and Content for your personal, non-commercial use only, PROVIDED that you do not delete or alter any copyright, trademark, or other proprietary notices appearing on or within the Site, the Directory, the Request Form or any 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 (including, without limitation, any portion of the Directory or the Request Form), 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 contain links to third-party websites, including links to Participating Vendors’ own 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 otherwise affiliated or associated 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.
DISCLAIMERS
THE SITE, THE DIRECTORY AND ALL CONTENT ON THE SITE ARE PROVIDED "AS IS," "AS AVAILABLE" AND “WITH ALL FAULTS,” 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, THE DIRECTORY AND ALL 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, THE DIRECTORY AND ALL CONTENT ON THE SITE WILL BE ERROR-FREE, ACCURATE OR UPDATE TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) RESULTS OBTAINED FROM THE USE OF THE SITE, THE DIRECTORY OR ANY CONTENT ON THE SITE (INCLUDING, WITHOUT LIMITATION, RESULTS OF ANY SEARCHES PERFORMED ON THE SITE) WILL BE RELIABLE; (3) YOUR REFERRAL REQUEST WILL YIELD ANY MATCHING PARTICIPATING VENDOR, OR ANY PARTICIPATING VENDOR WILL CONTACT YOU REGARDING YOUR REQUEST; (4) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (5) YOUR USE OF THE SITE, THE DIRECTORY OR ANY CONTENT ON THE SITE 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, THE DIRECTORY OR ANY CONTENT ON THE SITE 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, THE DIRECTORY OR ANY CONTENT ON THE SITE, 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, THE DIRECTORY AND ALL CONTENT ON THE SITE 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, the Directory or any Content on 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
info@mlapartnerschools.org