Terms and Conditions

Agreement to Terms

By accessing the Virtual Learning Academy Charter School’s (“VLACS”) website and online courses, you agree to be bound by these Terms and Conditions (“Terms”).  Although VLACS may attempt to notify you in the event that major changes are made to these Terms, you should periodically view the most up-to-date version of these Terms on http://www.vlacs.org.  VLACS may, at its sole discretion, modify or revise these Terms at any time and you agree to be bound by such modifications and revisions.  Additionally, by using the site and online courses, you agree to be bound by all applicable laws and regulations.  If you violate these Terms, VLACS may terminate your use of this site, your enrollment in VLACS courses, and may take any other appropriate action against you allowed by law.

Permitted Use

You agree that you are only authorized to visit, use, view, and retain a copy of pages on this site and materials used in VLACS online courses for your own personal use.  All content available on this site and through online courses are the property of VLACS, and/or its licensors and are protected by trademark, copyright, patent and/or other intellectual property rights under U.S. and foreign law.  Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site or in online courses is strictly prohibited without the express written permission of VLACS.  VLACS retains the right to terminate your access to this site or its online courses in the event that you infringe upon the intellectual property rights of VLACS or any third party.

You also agree that you will not use the site, online courses, or any of their materials for any purpose that is unlawful or prohibited by these Terms.  You may not use the site in any manner which could damage, disable, overburden, or impair the site or interfere with any other party's use and enjoyment of the site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.

User Content

During your use of this site and VLACS’s interactive online courses, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sound, data, or other information) that:

• Could be harmful to minors;
• Is unlawful, threatening, abusive, defamatory, libelous, deceptive, fraudulent, or otherwise violates VLACS’s policies or terms;
• Infringes on the intellectual property rights of any party;
• Constitutes unauthorized or unsolicited advertising;
• Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware or to damage or obtain unauthorized access to any data or other information of any third party;
• Impersonates any person or entity, including any employee of representative of VLACS.

VLACS does not pre-screen or edit the content posted by users of this site or in online courses.  However, VLACS has the right at its sole discretion to remove any content that does not comply with these Terms or is otherwise harmful, objectionable, or inaccurate.  VLACS is not responsible for any failure or delay in removing such content.

By posting or submitting content to this site or through online courses, you grant VLACS a license to edit, use, reproduce, publish, display, perform, adapt, modify, create derivative works of, distribute, have distributed, and promote the content in any form, anywhere, and for any purpose in perpetuity.  You warrant and represent that you own or otherwise control all of the rights in and to the content and that public posting and use of your content by VLACS will not infringe or violate the rights of any third party.

Disclaimer of Warranties

You expressly acknowledge and agree that your use of this site, online courses, and all content and services available on the site is at your sole risk and responsibility.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH VLACS ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE.  THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN RISK AND 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.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VLACS, THE SITE, OR THROUGH ONLINE COURSES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN VLACS’S TERMS AND CONDITIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VLACS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING, IN ANY WAY, OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN ANY EVENT,  VLACS’S ENTIRE LIABILITY TO YOU UNDER ANY CLAIM ARISING FROM THE ACCESS OR USE OF THE SITE OR ONLINE COURSES BY YOU OR ANY OTHER USER WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO VLACS DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

Indemnification

You agree to indemnify, defend and hold harmless VLACS, its officers, and its employees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of this site in violation of these Terms, (b) your use or your violation of any law or rights of any third party, or (c) the information you post or otherwise make available on the this site or through the online courses, including without limitation any claim of infringement of intellectual property or other proprietary rights.

Choice of Law and Forum

These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this site and online courses shall be filed only in the State courts located in Rockingham County, New Hampshire or the U.S. District Court District of New Hampshire.  You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions.  These Terms constitute the entire agreement between you and VLACS relating to the matters set forth herein, and shall not be modified except in writing, as posted on the site by VLACS.