Montgomery Bell Academy - A Premier Independent School in Nashville, TN ~ Terms of Use

Welcome to the Montgomery Bell Academy Educational Community (“MBA”) Website. This website, www.montgomerybell.edu (the “Website”) and all of its subdomains, is maintained and operated by MBA and was created to enhance communication among MBA and its students, parents, alumni, staff, prospective families, visitors, and volunteers. By accessing or using the Website, you agree to comply with the terms and conditions described below (“Terms of Use” or “Terms”). You agree to indemnify Montgomery Bell Academy and WhippleHill against all damages, settlements, costs and expenses (including attorneys’ fees) resulting from any claims of infringement relating to materials submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website. These Terms of Use are a binding agreement between you and Montgomery Bell Academy, and they govern your access and use of the Website. Please note that any information, data, tools, products, services, images, scripts or other content available on or through the Website is referred to in these Terms of Use as "Content." You may contact MBA by email at admin@montgomerybell.edu with questions about these TERMS OF USE.

Please read the Terms of Use carefully before using the Website. These terms may be revised from time to time. Each time you use the Website, your use indicates your agreement to comply with these terms in their then-current form.

MONTGOMERY BELL ACADEMY grants you a limited right to use the Website.

Your right to use the Website is subject to your agreement to abide by these Terms of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website.
At any time and for any reason, Montgomery Bell Academy may revoke your right to use all or any portion of the Website.
You may not violate or attempt to violate the security of the Website.
The Website and its Content are owned by Montgomery Bell Academy, its affiliates and/or third parties. The Website is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Montgomery Bell Academy, its affiliates and/or third parties.
“Montgomery Bell Academy Educational Community,” “MBA”, and other names and indicia of Montgomery Bell Academy and its products and/or services are exclusive trademarks and service marks or registered trademarks of the Montgomery Bell Academy Educational Community. Other product and company names appearing on the Website may be trademarks of their respective owners.
You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website.
You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Website except as explicitly permitted in these Terms.
You may print copies of any accessible portion of the Website only for your own personal use.
You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Website.

You make certain representations and warranties regarding your use of the Website. You represent and warrant that:

You have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms of Use and any other agreement that you enter into via the Website;
You have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms of Use;
In connection with your use of the Website, you will not employ any virus or other computer programming routine or engine that is intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and
All information that you provide in connection with your use of the Website is true and complete.

You assume various risks in using the Website.

MBA makes no guarantees, promises or assurances regarding the Website.
MBA makes reasonable efforts to provide accurate Content on the Website. However, some Content may be inaccurate, outdated or otherwise inappropriate.
Some Content and some of the data used in the Content come from third parties. MBA believes that these third parties are reliable, but MBA assumes no responsibility for any third party information.
Some Content may require you to input data, and may not function effectively if you input inaccurate data. Information generated by the Content may vary based on the data that you input.
MBA may change any portion of the Website at any time without notice to you.
MBA is not liable for any damage or loss to you resulting from these or any other risks. You have various responsibilities when using the Website.

You alone are responsible for your use of the Website.

You agree not to create hyperlinks to the Website from any other website without our express written consent.
MBA is not involved in any dealings between you and any third party. You release MBA and its affiliates, agents and employees and you agree to hold them harmless from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature that may arise out of or in any way are connected with your use of the Website and any dispute between you and any third party.
You agree that MBA is not liable for any action you take or any decision you make in reliance on the Website or the Content.
You agree that you may not harvest or collect e-mail addresses or other contact information of other users from the Website by electronic or other means for any purpose;
You may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
You may not use automated scripts to collect information from or otherwise interact with the Website;
You may not upload, post, transmit, share, store or otherwise make available any content that we deem in our sole determination to be harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, sexually explicit, sexually suggestive, fraudulent, invasive of privacy or publicity rights, hateful, racially objectionable, ethnically objectionable or otherwise unlawful or objectionable;
You may not register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity, unless you are expressly authorized to do so;
You may not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with WhippleHill, Montgomery Bell Academy or any person or entity;
You may not upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
You may not upload, post, transmit, share, store or otherwise make publicly available on the Website any of your own sensitive information, including, without limitation, address, phone number, e-mail address, Social Security numbers, credit card number or sexual behavior;
You may not upload, post, transmit, share, store or otherwise make publicly available on the Website any private or sensitive information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers, credit card numbers, sexual behavior or sexual orientation;
You may not solicit personal or sensitive information from anyone under eighteen (18) years of age, or solicit passwords, sensitive information or personally identifying information for commercial, objectionable or unlawful purposes;
You may not upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website;
You may not intimidate, annoy or harass another;
You may not upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
You may not upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of WhippleHill or Montgomery Bell Academy, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose WhippleHill, Montgomery Bell Academy or its customers or users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by all School codes of conduct when using the Website.

If MBA provides you with a password, you must keep your password confidential.

MBA may provide you with a password to access certain areas of the Website.
You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party.
You accept full responsibility for any use of your password.
You must notify us immediately of any actual or suspected loss, theft or unauthorized use of your password.
MBA is not obligated to inquire into the authority or propriety of any use of or action taken under your password. MBA will not be responsible for any loss to you that arise from such use or action or from your failure to comply with these Terms.

MBA is not liable for any technological problems and any impact that they may have.

All or any portion of the Website may not be available and may not function properly at any time.
MBA makes reasonable efforts to avoid technological problems, but at any time the Website may have and may cause problems such as viruses and other damaging computer programming routines or engines.
MBA takes reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but MBA disclaims liability for any interception of data or communications.
MBA is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Website.
MBA is not liable for any defects, delays or errors in or resulting from your use of the Website.

MBA is not responsible for any aspect of any third party website.

If you access any third party website through the Website or otherwise, you do so at your own risk.
Hyperlinks to or from the Website do not constitute third party endorsement, sponsorship or affiliation of, with or by MBA.
MBA is not responsible or liable for any aspect of any products, services or content appearing on or available through any third party website.

MBA has the right to monitor and record activity on the Website and respond as it deems appropriate.

MBA may monitor and record activity on the Website for any reason or no reason.
MBA may investigate any complaint or reported violation of our policies.
MBA may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate.
MBA may issue warnings, suspend or terminate use of the Website, deny access to all or part of the Website or take any other action that it deems appropriate. MBA respects your privacy. MBA disclaims all warranties with respect to the Website and the Content that the law allows it to disclaim.
The Website, including all Content, is provided “as is” and “as available.” MBA disclaims all representations and warranties, express or implied, of any kind with respect to the Website and the content, including warranties of:
Merchantability
Fitness for a particular purpose and
Non-infringement of intellectual property and proprietary rights.
Without limiting our general disclaimer, MBA does not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing, or speed of delivery of the Website or the Content.

MBA’s liability with respect to the Website and the Content is limited to the maximum extent permitted by law.

Under no circumstances will MBA or any of our affiliates, agents or employees be liable for any indirect, incidental, special, punitive or consequential damages, however caused, arising out of these terms, the Website, the Content, your inability to use the Website, or your transactions with the Website.
MBA’s liability is limited even if MBA has been advised of the possibility of the damages that you suffer or if any remedy you have fails of its essential purpose.
Under any circumstances, the maximum liability of MBA and its respective affiliates, agents and employees to you is one hundred dollars (us) $100.
This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access to alteration of, or use of any asset, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

You will be responsible for any liability to MBA that arises out of your breach of these Terms or your use of the Website. You agree to indemnify, defend and hold harmless MBA and its affiliates, agents and employees from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to:

your use of the Website,
your breach of these Terms of Use or any representation, warranty or covenant made by you in these Terms.
your violation of any applicable law, statute, ordinance, regulation or of any third party's rights, or claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms.

You agree to resolve by arbitration any controversy arising between you and MBA and/or any of our respective control persons, predecessors, subsidiaries, affiliates, successors, assigns and employees. With respect to the resolution of any such controversy, you further acknowledge that: Arbitration is final and binding on the parties.

The parties are waiving their right to seek remedies in court, including the right to jury trial.
Pre-arbitration discovery is generally more limited than and different from court proceedings.
The arbitrators' award is not required to include factual findings or legal reasoning and any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate, which demand or notice shall include an election of one of the foregoing forums for arbitration. If you fail to make such election by registered mail addressed to one of the foregoing forums for arbitration, before the expiration of five days after you deliver to MBA a written demand for arbitration or a written notice of intention to arbitrate, MBA may make such election on your behalf.
No arbitrator(s) selected to resolve an arbitration shall be bound exclusively by the laws of the State of Tennessee without regard to its choice of law rules.
No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until:
the class certification is denied;
the class is decertified; or
the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this User Agreement except to the extent stated herein.

You will be bound by revised versions of the Terms of Use that MBA posts on the Website.

Modifications will be effective immediately upon posting unless MBA indicates otherwise.
Your use of the Website indicates your agreement to comply with these Terms of Use in their then-current form each time you use the Website.

You are bound by certain other general conditions.

These Terms constitute the entire understanding, and supersedes all other understandings, between you and MBA concerning the Website and your access and use.
MBA may assign these Terms of Use in whole or in part at any time without your consent. You may not assign these Terms of Use or delegate any of your obligations under these Terms of Use. Any purported assignment of these Terms of Use in violation of its terms is void.
If any provision of these Terms of Use are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the Terms of Use shall remain in full force and effect.

Please submit this notification to:

Webmaster
Montgomery Bell Academy
4001 Harding Road
Nashville, TN 37205
(615) 298-5514