”) constitute a legal agreement between you and AVID Center (“AVID
” or “we
,”) in respect of your use of, and the services provided through, our websites (including sub-domains thereof): avid.org, explore.avid.org, my.avid.org, avidopenaccess.org
, and aviddiscover.org
(each, a “Site
” and, collectively, the “Sites
By accessing any of the Sites you agree to these Terms with respect to such Site. If you do not agree to these Terms, we do not grant you permission to use the Sites or their services, and you must not use them. We may immediately terminate these Terms or generally cease offering or deny access to the services provided through the Sites or any portion thereof, at any time for any reason.
If you are under 16 years of age, you must read these Terms with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms. Your parent or guardian agrees to these Terms on your behalf.
These Terms are only available in the English language. You should also print a copy of these Terms for your future reference.
1. YOUR ACCESS TO THE SITES
We may change these Terms at any time by notifying you of a change when you next access a Site (we may also email you about any material changes to these Terms). The new terms may be displayed on-screen and you may be required to agree to them to continue your use of the Sites. The date these Terms were last updated appears at the bottom of these Terms.
You understand and accept that (a) the device you use to access the Sites will require certain software in order for the Sites to work correctly and it is your responsibility to ensure that you have the required up-to-date software, (b) the Sites have not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the Sites meets your requirements, and (c) you are responsible for obtaining the data network access and the required device necessary, (including any costs or fees), to use the Sites and any updates thereto. AVID does not guarantee that the Sites, or any services provided through the use of the Sites, will function on any particular network or device. In addition, the Sites may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Access to the Sites may be suspended temporarily and without notice (i) in the case of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.
2. PERMITTED USE AND RESTRICTIONS
Subject to your compliance with all of these Terms, we grant you a non-transferable, non-sublicenseable, non-exclusive, revocable, limited license (i.e. permission) to use the Sites solely for your personal, non-commercial purposes. We reserve all other rights, which are not granted in these Terms.
In order to use aspects of the MyAvid.org or aviddiscover.org websites, you must register for and maintain an active personal user account ("Account
"). You must be at least 18 years of age to register for an Account. Unless otherwise permitted by AVID in writing, you may register for only one Account.
Except as explained in these Terms or as permitted by any applicable local law, you shall not (and shall not permit any third-party to): (a) copy any of the Sites except where such copying is incidental to normal use of the Site, or where it is necessary for the purpose of back-up, (b) rent, lease, sub-license (i.e. grant anyone else the permission to use), loan, translate, merge, adapt, republish, post, display, distribute, vary or modify the any of the Sites (or any part of it), (c) attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of any of the Sites, or (d) remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices.
You must not use (or permit a third-party to use) any of the Sites: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system used by the Site, (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (iii) to collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site, (iv) via use of a robot, spider, or other automated device to monitor or copy the Site or any information provided by the Site, (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
The products displayed on a Site can be ordered and delivered only within the U.S., Canada and U.S. military bases located outside of the U.S. All prices displayed on the Sites are quoted in U.S. Dollars.
All material and information presented by AVID is intended to be used for personal, educational or informational purposes only. You may not sell or resell any products you purchase or otherwise receive from AVID. AVID reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by AVID in its sole discretion.
4. PAYMENTS, RETURNS, AND DONATIONS
If you choose, at your sole discretion, to make a donation to AVID, or to purchase materials from AVID, you agree that, with your authorization, we may charge your credit card, or other chosen payment method the amount selected by you, and you understand that, all donations and payments must be in U.S. dollars. Once charged, donations are non-refundable. AVID uses authorized third-parties for the purpose of processing your transactions, including fraud prevention, vendor direct shipping, and credit card authorization.
Only unused items may be eligible for return. If accepted, return shipping will be your responsibility unless there was an error on our end. After receipt of the returned item(s), we will refund or replace the item(s), as applicable. Please email us at [email protected]
to make a return request.
5. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
6. SECURITY AND PASSWORDS
You are solely responsible for keeping your password and any other authentication information confidential and agree to be responsible for all activities that occur under your Account or password. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of any of the Sites.
We have the right to disable any password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
7. YOUR PROMISES TO US
You promise to us that (a) you are authorized to agree to these Terms, (b) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country, (c) you are not listed on any United States government list or prohibited or restricted parties, (d) you assume the risk of any information submitted by you, and (e) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.
8. USER CONTENT
Whenever you make use of a feature that allows you to upload any content such as any text, audio, video, or other content via a Site (“User Content
”), or to share any User Content with other users of a Site, you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third-party, (c) will comply with applicable laws (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You acknowledge that any User Content you upload could pose us a significant risk if it breaches these Terms, and you therefore, to the extent permitted by law, agree to indemnify, defend and hold us and our affiliates, and their respective business partners, officers, directors, employees and agents (the “Indemnified Parties
”) harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses (including without limitation reasonable attorneys’ fees and costs) asserted by any third-party relating in any way to your use of any of the Sites or breach of these Terms or from any third-party claims arising as a result of your use of any of the Sites. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties. We will not be responsible, or liable to any third-party, for any User Content submitted by you or any other user of a Site.
Any User Content you upload to a Site and any feedback or suggestions you provide to us regarding a Site, you acknowledge and agree that: (i) such User Content will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policies), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via any or all of the Sites or otherwise to third-parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such User Content, and the right to transfer or sublicense such rights; (iii) we may have something similar to the User Content already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the User Content under any circumstances. Although we may not actively monitor User Content, we have the right (but are under no obligation) to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate.
The Sites may include content provided by third-parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by AVID, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of AVID. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
9. COPYRIGHT INFRINGEMENT - DCMA NOTICE
AVID complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).
If you have any complaints or objections to material posted on a Site you may contact our designated agent at the following address:
Email: [email protected]
Any notice alleging that materials hosted by or distributed through a Site infringes intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
These Terms also incorporate the terms of our privacy policies (as updated from time-to-time), which are available from within the Sites, respectively, at https://explore.avid.org/privacy
(the “Privacy Policies
”). Our Privacy Policies explain how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings).
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to fully access or use the MyAvid.org and/or aviddiscover.org website(s).
By agreeing to these Terms, you agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications from us may include operational communications concerning your Account or use of a Site, including marketing purposes. Standard text messaging charges applied by your cell phone carrier will apply to the text messages we send. If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt-out of promotional calls or texts, you may respond with “STOP” to any text message you receive from us, which will then stop messages of that type. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Sites, however you acknowledge that opting out of receiving all texts may impact your use of the Sites.
If at any time, you choose to cancel your Account, please contact us as detailed below. To re-activate an Account, please email us, or create a new Account. If applying for an Account, please note that such request may need to be approved before activation can take place.
By agreeing to these Terms, you are also agreeing to the Privacy Policies and you consent to (i) the processing of your personal information as explained in the Privacy Policies and (ii) the collection of information from your device as explained in the Privacy Policies.
11. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Sites, whether registered or unregistered, including but not limited to rights in graphics, logos, "look and feel," trade dress, structure, organization, code, and all content in the Sites and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of AVID, protected by intellectual property laws. You acknowledge that rights in the Sites are licensed (not sold) to you, and that you have no rights in, or to, the Sites other than limited license granted in Section 2 above. Any use of our intellectual property beyond the scope of this license is prohibited.
In the event that anyone brings a claim that one or more of the Sites or any part of such Site(s), or your use thereof, infringes a third-party’s intellectual property rights, we shall be responsible for the investigation, defense, settlement and discharge of any such claim.
You also agree not to use any non-public technical, financial, or strategic information and other proprietary and confidential information relating to our business, operations and properties (collectively, “Confidential Information
”), disclosed to you by AVID, for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any such Confidential Information to third-parties. You agree to take all reasonable measures to protect the secrecy of Confidential Information.
12. THIRD-PARTY SITES AND SERVICES
The Sites may contain links to or allow you to share content directly with other third-party services such as Facebook and Twitter (“Third-Party Services
”). You acknowledge that we have no control over Third-Party Services and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content or other material contained in the Third-Party Services and have no association with their operators. Your use of Third-Party Services will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms
”). It is your responsibility to read and comply with Third-Party Terms.
You agree to indemnify and hold the Indemnified Parties harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of one or more of the Sites; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third-party, as a result of your use of one or more of the Sites. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
14. WARRANTY DISCLAIMER
WE PROVIDE THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Sites is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Sites, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third-parties with respect to the Sites and all information and content included on the Sites.
No information or advice obtained through the Sites, or any affirmation by us, by words or actions, shall constitute a warranty.
We only supply the Sites for domestic, personal and private use. You agree not to use any of the Sites for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SITES OR YOUR INABILITY TO ACCESS OR USE THE SITES) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF ANY OF THE SITES OR THESE TERMS, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF AVID, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with the Sites including, without limitation, content on the Sites, is to stop using the Sites. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with any of the Sites or any links on the Sites, as well as by reason of any information or advice received through or advertised in connection with any of the Sites or any links on the Sites. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on any of the Sites.
In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Sites or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed the greater of (i) the total amount paid by you in connection with any products or services provided through your use of the Sites, and (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of any of the Sites must be brought within one year after such claim or cause of action arises or be forever barred.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AVID’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON AVID’S CHOICE OF LAW PROVISION SET FORTH BELOW.
We may terminate these Terms, deactivate your Account, and/or your permission to use the Sites immediately, without prior notice or liability, if (a) you commit any breach of these Terms, or (b) your school is no longer a site where AVID products or services are implemented. Further, with respect to a Site, we may terminate these Terms, deactivate your Account, and/or your permission to use the Site immediately, without prior notice or liability, if (a) we discontinue the Site, or (b) we are prevented from providing the Site for any reason.
Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of, one or more of the Sites and/or your access to it/them at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.
On termination of these Terms for any reason with respect to one or more of the Sites: (x) all rights granted to you under these Terms with respect to such Site(s) will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your use of the Site(s)), and (z) you acknowledge that we may restrict your access to the Site(s). Sections 8, 11, and 13-18 will survive any termination or expiration of these Terms.
17. COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
18. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such provisions shall be enforced to the maximum extent permitted by law, and the remaining conditions will remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms, and failure by us to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.
These Terms are governed by California law, without regard to conflicts of law provisions thereof, and the state and federal courts located within San Diego County, California will have exclusive jurisdiction of all disputes relating to these Terms.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent. Such consent may be withheld in our sole discretion, and any purported assignment without such consent shall be null and void. We may assign this agreement to any party without notice thereof to you.
These Terms were last updated on November 28, 2022.
19. ABOUT US
Registered Office Address: 9797 Aero Drive, Suite 100, San Diego, CA 92123
Contact email address: [email protected]
Telephone Number: 1-833-AVID-CARE