Terms and Conditions of Use

Welcome to the Magnolia Preparatory Academy website (the “Site”). The Site is owned and operated by the MPA Management Company (“MPA”). This page contains the MPA Internet Site Terms and Conditions of Use (these “Terms & Conditions”). The Site is made available only to those who agree to these Terms & Conditions. As such, these Terms & Conditions govern and control your access to and use of the Site and by accessing and using the Site you are agreeing to be bound by these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, you are not authorized to use the Site. MPA may change these Terms & Conditions from time to time, without notice to you, by posting such changes on the Site. By using the Site following any such change, you agree to be bound by these Terms & Conditions as they may have been changed.

The Site and MPA’s Business

MPA and related entities (“Affiliates”) operate an early learning center in Katy, TX. Access to portions of this Site may require the use of passwords and log-on information which can only be authorized by MPA.

Proprietary Rights

Compliance with Laws. MPA owns all right, title, and interest including, without limitation, all intellectual property rights (including all copyrights, patents, and trademarks), proprietary rights (including trade secrets), and moral rights (including the rights of authorship and attribution), throughout the world in and to the Site including all the content, code, data, materials, and the look, feel, design and organization of the Site. Unless otherwise specifically indicated, no information on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form by any means, including electronically (including through the use of so-called “scraping” technologies), mechanically, by photocopying, recording or otherwise without the prior written consent of MPA. No trademark, service marks, or logo on the Site may be used for any purpose without the prior written consent of MPA (or the third party owner thereof through MPA). Use of the Site is subject to compliance with all applicable international, federal, state, and local laws and regulations.

No Offer

Nothing on this Site constitutes or shall be deemed to constitute an offer for enrollment or employment. You can only enroll your child at MPA at a physical location. You can only receive an offer of employment by MPA management at a physical location.

Collection of Certain Information

The Site may include functions (such as “contact us”, forms for employment applications or “feedback” pages) provided for the purpose of submitting information to MPA. Submitted information may include personally identifiable information such as names and e-mail addresses. MPA’s handling and use of all submitted information will be pursuant to the MPA Privacy Policy published separately on the Site.

Your Account and Password

If you are required to establish or use an account on the Site and have been provided with a user name and password for such purpose, you are responsible for maintaining the strict confidentiality of that information. You are also responsible for any activity conducted under your account. You agree to: (a) immediately notify MPA of any unauthorized use of your password or account or any other breach of the Site’s security; and (b) ensure that you log-off and exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, and control access to and use of your account. It is also your sole responsibility to notify MPA if you desire to cancel your account on the Site. MPA will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

Prohibited Conduct

The Site may not be used in any manner that is unlawful or harmful to the rights of MPA or any third party. In no event shall you use the Site in a manner that exceeds the specific authorization granted by MPA under these Terms & Conditions or by other express written agreement. The prohibition on unauthorized uses includes (but is not limited to) an express prohibition any attempt to: (a) retrieve, alter, or destroy data on, from or through the Site; (b) probe, scan or test the vulnerability of a system or network on, from or through the Site; or (c) breach or defeat system or network security measures on, from or through the Site such as authentication, authorization, confidentiality, intrusion detection, or monitoring; (c) interfere with or disrupt the Site or the business, operations or services of MPA; (d) interfere with or disrupt any computer, host, network, or telecommunications device maintained by MPA or any of their third party suppliers; (e) interfere with or disrupt the legitimate use of the Site by any person; (f) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party; (g) violate the privacy rights of any party under applicable law or regulation; (h) use any technology that is or reasonably should be known to contain software viruses, trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any data, software, computing or network devices, or telecommunications equipment of MPA or any Authorized User or any of their third party suppliers; (i) use the facilities of the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial electronic messages even if previously solicited by the intended recipient; and (j) copy (whether directly or by use of any “scraping” or related technology) any of the contents of the Site.

Copyright Infringement: Termination, Notice, and Takedown Policy

MPA respects the rights of copyright holders and has adopted and takes all reasonable measures to implement the policies prescribed by the Digital Millennium Copyright Act of 1998 under United States law including its so-called “notice and take-down” procedures. MPA will further terminate, if commercially practicable and reasonable, Site access by any employee of MPA or any otherwise valid subscriber or account holder who infringes the rights of copyright holders. The contact information for MPA’s Copyright Agent for notice of claims of copyright infringement on or regarding the Site is set forth below. If you believe your copyright rights have been violated by any contents of the Site you should follow the procedures of the DMCA by contacting MPA’s Copyright Agent:

MPA Management Company

27803 Walsh Crossing Dr.

Katy, TX 77494

Links

The Site may include links to other Internet sites over which MPA has no control. These links are provided solely as a convenience to users of the Site. You acknowledge and agree that MPA is not responsible for the availability of the sites intended to be located at such links and that MPA does not endorse (and is not responsible or liable for) any such linked sites including their content, advertising, products, or other materials. You further acknowledge and agree that, under no circumstances, will MPA be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other Internet site (regardless of whether the Site is directly or indirectly linked to such content, advertisements, products or other resources). You should direct any concerns with respect to any other Internet site to that Internet site’s administrator or webmaster.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL INFORMATION CONTAINED ON IT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MPA MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF INFORMATION CONTAINED ON THE SITE, OR THAT THE SITE WILL BE ERROR-FREE OR AVAILABLE FOR UNINTERRUPTED USE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MPA THROUGH THE SITE SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY SUBMISSIONS YOU MAY MAKE; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.

Indemnification & Limitation of Liability

You agree to defend, indemnify and hold MPA and each of its Affiliates, and each of their respective directors, officers, members, shareholders, employees, and suppliers (collectively the “MPA Parties”), harmless from any and all claims, liabilities, costs, and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Site or your breach or violation of the law or of these Terms & Conditions. You agree that the MPA Parties shall not have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against the MPA Parties for losses or damages you sustain in connection with your use of the Site. IN NO EVENT SHALL THE MPA PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR DATA), RESULTING FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION VIA THE INTERNET, EVEN IF THE MPA PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

Applicable Laws

These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Colorado without regard to principles of conflicts of laws. All proceedings relating to the Site or these Terms & Conditions shall be brought in the state or federal courts located in the state of Texas and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. MPA does not represent that materials on the Site are appropriate or available for use in all locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.

 

General

You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms & Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. Should any provision of these Terms & Conditions be held to be void, invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect. The waiver of any breach or default of these Terms & Conditions will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. These Terms & Conditions constitute the complete agreement of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings in relation thereto.