Welcome to the web site operated by Student Achievement Partners, Inc. ("SAP," “we,” “our,” or “us”). These Terms of Use (“Terms”) which include our Privacy Statement, states the terms and conditions governing your use of our web site ("Our Site").
By clicking "I agree" you consent to the Privacy Statement and Terms of Use; to access certain portions of Our Site, you must register and indicate agreement to additional terms.
We may change these Terms from time to time by posting an updated version on Our Site (or by other method of notice that we determine is appropriate). By continuing to use Our Site after we have given notice of the changed terms, you agree to the updated Terms; if you do not agree, you may not use Our Site.
Certain sections of Our Site are accessible to the public and other sections are restricted to registered users who open an account and choose a user name and password with SAP.
Some material on Our Site is protected by copyright and some material has been dedicated to the public domain. For material protected by copyright, SAP owns or has the right to include the material on Our Site. Material may be used as indicated on Our Site for the particular material. You may not remove or modify any copyright notices, credit or other attribution associated with materials.
Our name and our trademarks and service marks, including “Achieve the Core” and “achievethecore.org,” logos, and other indicia of source are owned by SAP (collectively, "Our Trademarks"). You may not use Our Trademarks without our prior written consent in each case, including in any manner that implies we sponsor, endorse or are otherwise the source of or affiliated with a product, service, entity, or activity or that would be likely to cause confusion among the public.
You may not “frame” the content of Our Site on any other web site (display Our Site inside the window or browser of another site) unless you first obtain our prior written consent in each case. You may not use metatags or any other "hidden text" that incorporates Our Trademarks, or words confusingly similar to Our Trademarks, without our prior written consent.
Our Site may contain links to third-party web sites and content providers which may interest you. If you follow any link to a third-party site, you leave Our Site. You should review terms of use that govern your use of the third-party site.
OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, SAP DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, SERVICES, AND CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US), OR OF TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SAP MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO OUR SITE WILL BE ERROR FREE OR UNINTERRUPTED; THAT THE INFORMATION ON THE SITE WILL BE ACCURATE, COMPLETE, TIMELY, RELIABLE; OR THAT THE SITE WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL SOFTWARE CODE. IF YOU RELY ON OUR SITE, SERVICES OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
SAP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND AGENTS WILL NOT BE LIABLE TO YOU FOR: (1) ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY, OR INJURY ARISING FROM YOUR USE OF OUR SITE OR YOUR BREACH OF THESE TERMS; OR (2) ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE.
IN NO EVENT WILL SAP’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE EXCEED ONE HUNDRED U.S. DOLLARS (US$100) IN THE AGGREGATE, REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF ANY CLAIM AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. THE LIMITATIONS IN THESE TERMS ARE INDEPENDENT AND WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SAP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND AGENTS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING IN CONNECTION WITH YOUR USE OF OUR SITE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THESE TERMS, AND INCLUDING IN CONNECTION WITH ANY INFORMATION THAT YOU PROVIDE TO SAP ON OUR SITE.
We reserve the right to terminate these Terms, Our Site, and any services or content offered through Our Site at any time without notice for any reason. The "Disclaimers," "Limitation of Liability," "Indemnification," and "General" sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination.
These Terms, which includes the Privacy Statement, is the complete agreement between you and SAP regarding your use of Our Site supersedes all other agreements (oral or written) between you and SAP, and is governed by and should be construed according to the laws of the State of New York applicable to agreements made and completely performed in New York, unless doing so would lead to the application of the laws of another jurisdiction. You irrevocably agree (1) to bring any claim or dispute relating to your use of Our Site and these Terms exclusively in the state and federal courts located in the State and County of New York, (2) that you submit to the exclusive jurisdiction of those courts, and (3) you waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without SAP’s prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will effect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law (unless doing so would deprive either party of a material benefit of these Terms). The failure of a party to assert any right under these Terms will not be considered a waiver of that party’s right, which will remain in full force and effect. The term “including” in these Terms is intended to be illustrative and means “including without limitation.”
Please contact us at [email protected] with any questions you may have about these Terms, including the Privacy Statement.