PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING AND/OR USING THE BELLARMINE SITE AND/OR SERVICES (EACH AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW AND ALL TERMS INCORPORATED BY REFERENCE. YOU SHOULD READ THESE TERMS OF SERVICE BEFORE PROCEEDING TO ACCESS OR USE THIS SITE AND/OR SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THIS SITE AND/OR SERVICES. THESE TERMS OF SERVICE ARE EFFECTIVE AS OF OCTOBER 28, 2022.
ACCEPTANCE OF TERMS: The following Terms of Service (the "TOS") constitute a legally binding agreement between Bellarmine College Preparatory (“Bellarmine”) and the users of and others who may interact or interface with the Bellarmine website and community portal in connection with their use of such websites (collectively, the "Site"). For clarity, the Site refers to both the publicly available website at www.bcp.org and the Bellarmine community portal, Blue, at bridge.bcp.org.
DESCRIPTION OF WEBSITE SERVICES OFFERED: Through the Site and/or Services you may: obtain information about Bellarmine, its programs, personnel activities and events; employment opportunities; access to your account; to contact us; perform various functions as members of the Bellarmine community; donate to Bellarmine; and purchase Bellarmine themed products (“Services”). Visitors to the Site and users of our Services shall be deemed as "users" for the purpose of these TOS. You agree that the Site and Services, which may be made available on various platforms, is the sole property of Bellarmine. Furthermore, you agree that the Site and Services are provided "AS IS" and that Bellarmine shall have no responsibility and/or liability for the timeliness or accuracy of any content on the Site and/or Services.
INDEMNITY: You agree to indemnify and hold Bellarmine, and its affiliates, agents, employees, trustees, faculty and staff harmless from any claim or demand, including, reasonable attorney fees made by any third party which may arise from any use of the Site and/or Services, any content a user of the Site and/or Services may submit, post, modify, transmit or otherwise make available through the Site and/or Services, your violation of these TOS and/or of any such rights of another.
NO COMMERCIAL REUSE OF SERVICES: You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to, this Site and/or Services.
MODIFICATIONS: Bellarmine reserves the right at any time to modify, alter and or discontinue, whether temporarily or permanently, the Site and/or Services, or any part thereof, with or without prior notice and to amend these TOS. Bellarmine shall not be held liable to you or to any third party for any such alteration, modification and/or discontinuance. Your continued use of the Site and/or Services, after the posting of any amendments to these TOS shall constitute your acceptance of such amended TOS. You should frequently review these TOS to ensure you are aware of the TOS currently in effect. Should you not agree to the amended TOS, you must stop using the Site and/or Services.
LINKS: Bellarmine may provide links to other websites and/or resources. For instance, we may redirect you to a third party payment processor to process your donations and/or to register you for programs or we may post YouTube videos with information about Bellarmine services or activities. You agree that Bellarmine is not responsible for the availability of any such external sites or resources, and Bellarmine does not endorse nor is it responsible or liable for any content, products, advertising or any other material, on or available from such other sites or resources. Furthermore, you agree that Bellarmine shall not be responsible or liable, directly or indirectly, for any damage or loss which may be a result of, or caused by or in connection with, the use of or the reliance on any such content, goods or services made available on or through any such other site or resource.
PROPRIETARY RIGHTS: You agree that this Site and/or Services contains proprietary and confidential material of Bellarmine that is protected by applicable intellectual property rights. You also agree that any content or information presented by and through this Site and/or Services is protected by copyrights, trademarks, or other proprietary rights. Except as expressly permitted by applicable law, you agree not to alter, modify, lease, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works based on such content or information, in whole or part. You further agree that all of the trademarks, trade names, and other logos of Bellarmine shall remain the property of Bellarmine. You agree not to display and/or use in any manner the logo or marks without obtaining Bellarmine's prior written consent.
WARRANTY DISCLAIMERS: YOU EXPRESSLY AGREE THAT:
- THE USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND/OR SERVICES IS PROVIDED SOLELY ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. BELLARMINE EXPRESSLY DISCLAIMS ANYS AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- BELLARMINE MAKES NO, AND DISCLAIMS ANY, WARRANTIES THAT (i) THE CONTENT OF THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE AND/OR SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT THE INFORMTION ON THE SITE AND/OR SERVICES WILL BE ACCURATE; AND (iv) THAT ANY ERRORS IN THE SITE’S AND/OR SERVICES CONTENT SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED FROM OR VIEWED ON THE SITE AND/OR SERVICES SHALL BE ACCESSED AT YOUR SOLE RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR, AND WAIVE, ANY AND ALL CLAIMS WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOADING OR VIEWING OF ANY SUCH INFORMATION OR MATERIAL.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT APPEAR ON A COMPUTER SCREEN WHILE VIEWING THE SITE AND/OR SERVICES, INCLUDING USERS WITH NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE SYMPTOMS OF EPILEPSY WHILE VIEWING THE SITE AND/OR SERVICES.
LIMITATION OF LIABILITY: YOU AGREE THAT BELLARMINE AND ITS TRUSTEES, FACULTY, STAFF, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH BELLARMINE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, THAT RESULT FROM ACCESSING OR USING THE SITE AND/OR SERVICES OR ANY INABLITY TO DO SO. ADDITIONALLY, BELLARMINE WILL NOT BE LIABLE FOR MORE THAN ONE-THOUSAND DOLLARS ($1,000) IN AGGREGATE.
INTELLECTUAL PROPERTY AND CONTRACTUAL RIGHTS: Bellarmine respects the intellectual property and contractual rights of others, and expects all users of the Site do the same. In appropriate circumstances, and at its sole discretion, Bellarmine may restrict or eliminate access to the Site of any user who violates these rights of others.
MISCELLANEOUS:
PRIVACY: Bellarmine’s collection and use of personally identifiable information (PII) is governed by our Privacy Policy which is incorporated by this reference.
ENTIRE AGREEMENT: These TOS constitute the entire and exclusive understanding and agreement between Bellarmine and you regarding the Site and/or Services, and these TOS supersede and replace any and all prior oral or written understandings or agreements between Bellarmine and you regarding the Site and/or Services.
CHOICE OF LAW AND FORUM: These TOS, including all rights, duties and obligations arising from or relating in any manner to the subject of these TOS shall be governed, construed and enforced in accordance with the laws of California without regard to its conflict of law principles. Any claim arising out of or relating to these TOS shall be filed within the federal or state courts having jurisdiction located within the County of Santa Clara, California. You agree to submit to the jurisdiction of such courts, and waive any and all objections to the jurisdiction over the parties by such courts and to venue in such courts.
WAIVER; SEVERABILITY OF TERMS: If Bellarmine fails to exercise or enforce any right under these TOS, such failure shall not constitute a waiver of such right. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the court shall endeavor to give effect to the provision and the parties' intentions to the greatest permitted extent, and the other provisions of these TOS shall remain in full force and effect.
STATUTE OF LIMITATIONS: You agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of the Site and/or Services or these TOS must be filed within one (1) year after said claim or cause of action arose or shall be forever barred.