Terms of Service

Updated on January 1st, 2017

TERMS OF SERVICE

These terms of service (“Terms”), which may be modified from time to time, apply to all pages and services, including but not limited to blogs and forums of CrescentAcademy.com, (“the Site”) owned and operated by Crescent Academies, LLC d.b.a. Crescent Academy (“Crescent”). By accessing or otherwise using the Site, you agree to be bound by these Terms. If you do not wish to be bound by these terms, you must exit the Site. In consideration for your agreement to these terms, Crescent grants you a personal, non-exclusive, non-transferable license to access and use the site.

To make a purchase through the Site, you must be 18 years or older, or do so through a parent or guardian. You agree that all information you provide in conjunction with any purchase on the Site will be accurate and complete.

CHANGES TO TERMS

It is your responsibility to be aware of any changes to these Terms, which Crescent may make in its sole discretion, and which will be made available on the site. Through continued use of the site, you agree to be bound to any changes to the terms. Crescent may offer new services or features through the site at a future date. Such new features or services will be subject to these terms.

LIMITATIONS OF USE

You may not obtain or attempt to obtain any unauthorized access to the Site, which includes any materials, documents or information not purposely made available through the Site. You agree not to cause or attempt to cause a disruption to others’ use of the site. The burden of determining that use of any information, software or any other content on the Site is permissible rests with User.

You agree not to misrepresent or attempt to misrepresent your identity while using the site or to disguise the origin of any transmission you make to or through the site.

You agree that your use of the Site will be in strict accordance with the Crescent Privacy Policy.

You may not use the Site for any purpose that is unlawful or prohibited by these terms. Any person who uses the Site in violation of Federal or State statute or regulation, or Crescent’s Policies and Procedures or these Terms may be subject to any or all of the following: loss of privileges, disenrollment, personal liability, and/or criminal prosecution.

You further agree that you will not post or transmit content on the site that contains threats to others, harassing statements, illegal activities, defamation, intellectual property infringements, obscene material, or commercial/for-profit activities.

Crescent reserves the right to remove content from the Site which violates the above rules of which it becomes aware, but is under no obligation to do so. Crescent in its sole discretion and without prior notice may monitor and preserve any transmittal or communication to its Site and reserves the right to access and disclose any contents its Site without the consent of the user when it believes it has a legitimate business need.

DISCLAIMER OF WARRANTIES

This Site is provided “as is” and Crescent hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

Crescent does not make any warranty that the Site will be error free or that access to the Site will be continuous, uninterrupted, or otherwise unimpaired. Any content or services you obtain through the Site is done at your own discretion and risk. Crescent disclaims any and all liability resulting from or related to such events.

Crescent will attempt to maintain the highest level of accuracy on its Site. The Site may contain errors and omissions, and Crescent reserves the right to correct errors or omissions without prior notice. We also reserve the right to cancel any offered product or service in the event of an error or omission in the description, including price, unavailability or other reason.

LIMITATION OF LIABILITY

In no event, except in the case of death or personal injury where and only to the extent that applicable law requires such liability, will Crescent be liable with respect to any subject matter of these terms under any contract, negligence, strict liability or other legal or equitable theory for: any special, incidental or consequential damages, whether forseeable or unforseeable; the cost of procurement or substitute products or services; inability to use the Site; reliance upon information obtained from or through the site; for interruption of use or loss or corruption of data; for any failure or delay due to matters beyond their reasonable control; for claims for defamation.

The Site may link to websites and pages not controlled by Crescent and for which Crescent is not responsible. Crescent does not review, approve, endorse or otherwise screen any information, products or services that may be offered at these links. Crescent disclaims any responsibility for any harm resulting from your use of non-Crescent websites and webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Certain current or future features or services of the Site may require you to use an account that requires a username and password. You are responsible for maintaining the confidentiality of this account information and activity, and may be held liable to any losses incurred due to a breach of security from failure to do so. You agree to notify Crescent immediately of any unauthorized use of your account or password.

TERMINATION OF USE

Crescent reserves the right to terminate or refuse Site access and accounts, if any; to remove or edit content; or to cancel orders in their sole discretion at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement you may simply discontinue using the Site. Provisions of these Terms which shall survive termination include, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INTELLECTUAL PROPERTY

All trademarks, service marks, graphics and logos used in connection with Crescent or the Site are trademarks or registered trademarks of Crescent or third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Crescent or third-party trademarks.

All materials posted on this Site, unless otherwise noted, are owned by Crescent and subject to copyright. No part of this site may be copied, reproduced, displayed, or transmitted, manually or through an automatic means, to any other medium for publication without the consent of Crescent.

By submitting content to the Site, you grant Crescent an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license, and right to sublicense to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Site or Crescent services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, and (c) each of (a) and (b) on or in connection with Crescent or the promotion thereof.

COPYRIGHT INFRINGEMENT

Crescent respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, please notify us in email providing your authorization to act on the copyright, the infringement claim, and a description of the location of the infringing content on the site, your contact information, and a statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Crescent will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Crescent, Crescent may, in its discretion, terminate or deny access to and use of the Site.

Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Site infringes your copyright, you should consider first contacting an attorney.

GENERAL TERMS

If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Terms shall not be affected.

These Terms constitute the entire agreement between you and Crescent with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

You agree to indemnify and hold Crescent and its contractors, licensors, and their respective agents harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms or use the Site, or otherwise arising out of your use of the Site.

You agree that any dispute arising out of or relating to these Terms, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, Orange County, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Orange County California as the legal forum for any such dispute.

Any failure to enforce the Terms shall not be construed as a waiver. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Crescent may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Terms and may subcontract or delegate in any manner any or all of its obligations under the Terms to any third party. These Terms and the rights and obligations herein are personal to you, and you may not assign or otherwise transfer any of your rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of Crescent.

All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. The parties may cancel or terminate this Agreement in accordance with its terms and conditions without following the procedures in this Section.