WEBSITE TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING AND/OR USING THE BELLARMINE WEBSITE, 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. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THIS SITE. THESE TERMS OF SERVICE ARE EFFECTIVE AS SEPTEMBER 1, 2019.
ACCEPTANCE OF TERMS: The following Terms of Service (the "TOS") constitute a legally binding agreement between Bellarmine College Prparatory (“Bellarmine”) and the users of and others who may interact or interface with the Bellarmine website in connection with their use of such website (the "Site"). The Site referes both to the publicly available website at www.bcp.org and the Bellarmine community portal at bridge.bcp.org.
DESCRIPTION OF WEBSITE SERVICES OFFERED: The Site is a website that provides information about Bellarmine, its programs, personnel activities and events, enables registered users to perform various functions as members of the Bellarmine community, and allows doantions to Bellarmine and purchase of Bellarmine themed products. Visitors to the Site shall be deemed as "users" for the purpose of these TOS. You agree that the Site, which may be made available on various platforms, is the sole property of Bellarmine. Furthermore, you agree that the Site is provided "AS IS" and that Bellarmine shall have no responsibility for the timeliness or accuracy of any content on the Site.
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 fee,s made by any third party which may arise from any use of the Site, any content a user of the Site may submit, post, modify, transmit or otherwise make available through the Site, 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.
MODIFICATIONS: Bellarmine reserves the right at any time to modify, alter and or discontinue, whether temporarily or permanently, the Site, or any part thereof, with or without prior notice and to amend these 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, 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.
LINKS: Bellarmine may provide links to other websites and/or resources. 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 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 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.
WARRANTY DISCLAIMERS: YOU EXPRESSLY AGREE THAT:
- THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED SOLELY ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. BELLARMINE EXPRESSLY DISCLAIM 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 DISCLAIM ANY, WARRANTIES THAT (i) THE CONTENT OF THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT THE INFORMTION ON THE SITE WILL BE ACCURATE; AND (iv) THAT ANY ERRORS IN THE SITE’S CONTENT SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED FROM OR VIEWED ON THE SITE 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, 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.
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 IT MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, THAT RESULT FROM ACCESSING OR USING THE SITE OR ANY INABLITY TO DO SO.
TRADEMARK INFORMATION: You 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.
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, Bellamrine may restrict or eliminate access to the Site of any user who violates these rights of others.
MISCELLANEOUS:
ENTIRE AGREEMENT: These TOS constitutes the entire agreement between you and Bellarmine governing the use of the Site, superseding any prior version of these TOS.
CHOICE OF LAW AND FORUM:rnia 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. 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 or these TOS must be filed within one year after said claim or cause of action arose or shall be forever barred.
This Privacy Policy states how we collect, use and protect your Personally Identifiable Information on our website and our community portals. All are collectively referred to as our site in this Privacy Policy. Personally Identifiable Information (PII) is information that can be used on its own or with other information to identify, contact, or locate a single person.
What PPI do we collect from the people that visit our blog, website or app?
Depending on the action you take or how you use our site, you may be asked to enter your name, email address, mailing address, phone number, credit card information and/or other details to enable you to take the action you wish to take or to otherwise enhance your on line experience.
When do we collect information?
We collect information from you when you visit or enter any information our site, including registering on Blue, placing an order, making a donation or filling out a form
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your user experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To improve our website in order to better serve you.
- To administer a contest, promotion, survey or other site feature.
- To quickly process your transactions.
How do we protect visitor information?
Our website is scanned with industry standard security software on a regular basis to locate and fix security holes and known vulnerabilities, including viruses, Trojan Horses and malware, in order to make your visit to our site as safe as reasonably possible.
Your PPI is maintained only on secured servers protected by firewalls and is only accessible by a limited number or categories of people (for example, faculty) to whom who BCP has granted special access rights. All of these people are required to keep the information confidential. In addition, all sensitive or financial information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order, enters, submits, or accesses their information to maintain the safety of your personal information. All financial transactions are processed by us and passed through to a third-party gateway provider, but such financial information is not stored on our servers.
Do we use 'cookies'?
Yes. Cookies are small files form an accessed website that are stored on your browser or the hard drive of your computer. BCP utilizes temporary and long-lasting session cookies, including Google Analytics, in certain portions of its website to manage your interactive activities, such as class registration and shopping, and to provide convenience or personalized features to save you time on future visits. You have the ability to accept or decline cookies via your browser preferences. If you decline or disable these cookies, some transactions may be not be completed.
Disclosure to Third Parties
We do not sell, trade, or otherwise transfer your PPI to outside parties unless we provide you with advance notice. Website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, obtain such information in the course of performing these functions only if these parties have agreed in writing to keep this information confidential. We may also release PPI when its release is reasonably required to comply with the law, enforce our site use policies, or protect BCP’s or others' rights, property or safety. Non-personally identifiable visitor information may be provided to other parties for various uses.
Disclosure to Other Users
Student PPI may be shared with or available to faculty, staff or parents in certain situations where BCP feels such sharing is necessary to carry out its educational mission or to secure the exercise of parental rights. Other PPI may be available to other users on a need to know basis, for example, administrative personnel have access to the PPI of employees to enable these personnel to perform their functions such as administering payroll.
Third Party Links
At our discretion, we may occasionally offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these third-party sites.
Google's advertising requirements are stated in Google's Advertising Principles. These may be found at https://support.google.com/adwordspolicy/answer/1316548?hl=en. We have not enabled Google AdSense on our site, but we may do so in the future.
COPPA (Children Online Privacy Protection Act)
The collection of personal information from children under thirteen years of age is under parental control under the Children's Online Privacy Protection Act (COPPA). The Federal Trade Commission, the nation's consumer protection agency, enforces COPPA and has specified what operators of websites and online services must do to protect children's privacy and safety online. As we do not specifically market to children under the age of thirteen years. Please contact us if you have concerns about this issue.
Notice, Remedies and Rights:
In the event of data breach (unauthorized disclosure of PPI on our system), we will notify you via Email within 7 business days. We will also inform you of any remediation steps we plan to take.
You may be able to pursue legally enforceable rights against BCP if we fail to adhere to applicable legal requirements to protect privacy. You may also have recourse to courts or governmental agencies to investigate and/or prosecute non-compliance by data processors. We will supply information about such remedies and the relevant contact information in the event of a data breach.
You also have a right to access your data, to correct erroneous data, and to withdraw your consent to our use of your data. You may have other rights with respect to your data, including the right to be exempt from a decision with legal effect based solely on the automated processing of data; BCP does not currently engage in automated decision making.
Unsubscribing/CAN SPAM Act
The CAN-SPAM Act is a law that gives recipients of recipients of commercial messages the right to have institutions such as BCP stop sending such messages to them by email or text and provides penalties if this right is violated. Accordingly, you may unsubscribe from receiving future emails from us, you can email us at: helpdesk@bcp.org, and we will promptly remove you from ALL electronic correspondence from BCP.
Contacting Us
If you have any questions regarding this privacy policy, you may contact us using the information below:
bridge.bcp.org c/o
Bellarmine College Preparatory
960 West Hedding Street
San Jose, CA 95126, USA
helpdesk@bcp.org
Last Edited on 2019-11-12