The National Academy for the Gifted Terms of Use
Background
Our gifted program was built to provide registered gifted school students and parental figures of those students with access to various digital media. If you are not currently a registered gifted school student or the parent or guardian of a registered student, a teacher, tutor, or administrator, you are not authorized to make use of this website. If you are found in violation of these Terms of Use of our gifted school, we reserve the right to ban you from access to this website. We may terminate your access to this education website at any time, for any or no reason. By using this gifted program website, you are automatically agreeing to the following Terms of Use.Updates to Terms of Use
We may choose to update these Terms of Use at any future time. Your use of our gifted school website constitutes automatic acceptance of our current Terms of Service. Any and all information contained on our gifted school website does not represent a commitment on our part in the future. We may or may not update the information contained on this gifted school website.Limitations on Use
Your use of our gifted school ebooks, etexts, and other related graphics obtained through our gifted school website is subject to the following limitations.Any gifted school ebooks, etexts, and other graphics featured on this gifted school website may not be used commercially.
The Public Domain ebooks, etexts and associated graphics obtained through this gifted school website may not be copied without the permission of The National Academy for the Gifted unless The National Academy for the Gifted is credited.
Users of this gifted school website are not permitted to download any ebooks, etexts, or related gifted program graphics, other than public domain materials in order to display the images for public use or by a set of users.
System Integrity
Visitors to our gifted school website are not permitted to use any device, routine, or software, including but not limited to viruses, worms, trojan horses, time bombs, or cancelbots intended to interfere with the regular functions of or to intercept any private system, data, and personal information contained on this gifted school website. Users may not take any action which might impose an unreasonably large load on our gifted school infrastructure such as denial of service attacks, spam, or any other unsolicited overload technique.Possible Defects
It is possible that the ebooks, etexts, or other material available on our gifted school website may contain defects like incomplete, corrupt, inaccurate, transcription errors, copyright or other intellectual property infringement. Users will access this gifted school website at their own risk. The National Academy for the Gifted is not liable for any damage that your equipment receives as a result of accessing our gifted school website.Links
This gifted school website may contain links to 3rd-party websites. We do not endorse and are not responsible for the contents of 3rd party websites linked by our gifted program website. We provide links as a convenience to our users and do not imply endorsement, affiliation, or sponsorship of websites linked.Third Party Content
This gifted school website contains news and other information published by 3rd party outlets and/or links to news and information websites. We recommend that you review those Terms and Conditions of linked 3rd parties.Tuition
The National Academy for the Gifted provides public gifted school information as well as private sections for enrolled students and their parents or guardians. Access to private gifted school material requires a username and password created during the gifted school application process. These sections are available upon payment of tuition. Upon enrollment, the education parent or guardian of the gifted program student are committed to pay the tuition in full for the current school year either in full or according to an installment plan (if currently offered). Re-enrolling education families will be entitled to enroll at the level of tuition originally paid during their first full academic year in our gifted program. This benefit is valid through the 2008 Academic Year, although we hope to extend this policy after that time.Refund Policy
Families have 30 days from the first student log on in which to determine if our gifted program suits the needs of their student(s). Refunds will be granted according to the following standards as long as the family disenroll via e-mail or other written notice. Both written and telephone notices are required for disenrollment completion and refunds may not be offered until both notices are given. The gifted school refund does not include fees such as Shipping & Handling, Application or Enrollment fees and Miscellaneous and/or curriculum and/or CD and/or Multi-Media fees. If we are unable to accept a student into our gifted program, a full refund will be given including the above gifted school fees.Gifted program tuition fees may be refundable according to the following schedule:
Disenrollment within 30 days of enrollment:
If entire yearly gifted school tuition has been paid in full at the time of registration, the family will receive a refund of their entire tuition payment minus 25%. If installment plan payments were agreed to at the time of registration and have been paid according to the agreement, all tuition paid minus the first installment payment will be refunded. If the student is enrolled in additional courses beyond the 6 covered by tuition, and the student disenrolls from an additional course within 30 days of the student’s first day of attendance, the student will receive a refund of 75% of the additional course fee. The refund does not apply to education curriculum materials, gifted program CD Usage Fees or any other fees necessary for enrollment in the additional courses.
Disenrollment after 30 days of enrollment date:
After 30 days, all yearly gifted school tuition fees are due and payable. No refunds are available on gifted school tuition, curriculum materials, CD Usage Fees or any other fees. If the student is enrolled in additional courses beyond the 6 covered by tuition, and the student disenrolls from an additional course after 30 days of the student’s first day of attendance, no gifted school refunds are available on tuition, curriculum materials, CD Usage Fees or any other gifted program fees.
Financial Responsibility
At times, The National Academy for the Gifted offers an installment payment plan This gifted school plan is offered interest free when there are no outstanding late payments. For gifted program accounts that are not current, a finance charge of 1.5% (subject to State and National regulations) Parents may also call Client Services at 1-866-9-LEARN-9 (9-53276-9), Monday through Friday 9 am to 7 pm EST, Saturday 9 am to 5 pm EST, for assistance with making payments or asking questions about your account.For those using Visa, MasterCard, American Express or Discover, our secure online Auto-Pay system automatically processes charge card payments if/when future payments are due. Using Auto-Pay helps assure uninterrupted service and helps to avoid interest and late charges. Those who do not wish to use Auto-Pay must delete their credit card information on their parent account page. In this case, gifted school parents are responsible for entering a payment via the online system and/or mailing a check or money order for the amount due or re-entering their charge card information when they wish to make a gifted program payment. Returned checks are subject to a $30.00 Return Check Fee. Declined Credit Card transactions are subject to a $1.00 Declined Credit Card Fee. Student Services can be reached via e-mail at MemberServices@TheNationalAcademyForTheGifted.org, via phone at 1-866-9-LEARN-9 (9-53276-9), Monday through Friday 9 am to 7 pm EST, Saturday 9 am to 5 pm EST, or by mail at The National Academy for the Gifted, 6800 SW 40th Street #195, Miami, FL 33155.
Gifted program accounts that are placed in collection because of non-payment are subject to additional fees as permitted by law. The gifted program account holder is responsible for all collection costs (legal and para-legal) associated with collection activities for accounts that are cancelled for non-payment. Student accounts cancelled for non-payment are subject to an additional $149.00 per student curriculum fee. However this fee will be credited upon return of all gifted program curriculum materials in good useable condition within 30 days of cancellation. Gifted school accounts cancelled or suspended for non-payment are subject to reporting to credit agencies and collection services.
Return of Curriculum Materials
Gifted school curriculum materials are shipped to our families via ground shipment after the completion of the enrollment process. For gifted school students in grades 6-12, we ship materials after the gifted school courses are selected. Gifted program curriculum materials may include, but are not limited to workbooks, textbooks, supplemental materials, and CD-ROMs including audio and video. There is a CD Usage Fee of 7.95 per CD. Some gifted school courses do not have CDs while others can be accompanied by one to ten CDs. For gifted school families who have paid the tuition and fees in full upon gifted school registration or according to the agreed tuition installment plan, the Curriculum Materials do not need to be returned. Video CDs are programmed with a Digital Rights Management function that will allow them to be played only during the current gifted school year; they can be disposed of after that time.Suspension, Expulsion, or Disenrollment
In the event that your gifted school student is suspended from our gifted program, you are still financially responsible for all tuition payment. The parents of expelled education students are not financially responsible for gifted program tuition payments upon the date of the child’s expulsion. Expulsion and Suspension can occur for a variety of behavior abuses.Privacy
We recommend that education visitors to our gifted school website read our Privacy Policy. If at any time you are not in compliance with the policy, we have the right to terminate your rights of use and access to this web site. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the gifted program Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose gifted program information as we believe, in our sole discretion, is necessary or appropriate.Submission of Materials
All comments, suggestions, ideas, graphics, or other information that you transmit to us through this web site become and will remain our property and may be used by us anywhere, anytime and for any reason whatsoever. Any materials or information submitted to our gifted school will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. In addition, we will not be under any obligation to respond in any way or reveal to you any information about The National Academy for the Gifted or any of its affiliates. We will not have to pay you or anyone else for using any ideas or other materials that you may transmit to our gifted school in connection with the use of this web site. You should rely solely on your rights under the patent, trademark, and copyright laws. The receipt or consideration of your information by us shall in no way impair our right to contest the validity of your patent, trademark, or copyright. Of course, you are not to transmit to this web site any material which is unlawful, threatening, violent, abusive, harassing, degrading, defamatory, libelous, deceptive; fraudulent, or which may give rise to civil or criminal liability, infringe a third party's intellectual property rights, or otherwise violate any law or regulation. Even though we may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including - but not limited to - claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.Governing Law and Jurisdiction
This gifted school web site (excluding linked sites) is operated by us from our gifted school offices and it can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ, by accessing this web site, you agree that these Terms of Use and your use of this gifted school web site shall be governed in all respects by the internal substantive laws of the geographic location of the physical headquarters of The National Academy for the Gifted. You further submit to jurisdiction and venue in the federal and state courts located where the physical headquarters are located and further agree that any cause of action you may bring arising under your use of this web site shall be brought by you exclusively in a federal or state court. We make no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this gifted school site from other locations do so on their own initiative and are responsible for compliance with local laws.
No Warranty
We provide the ebooks, etexts, graphics, and other information on this gifted school web site free of charge, subject to these Terms of Use. We make no warranties or representations, express or implied, as to the accuracy, completeness, or any other aspect of the information on this gifted school web site and assume no liability in connection with any use of this information. THIS GIFTED SCHOOL WEB SITE, THE EBOOKS, ETEXTS, GRAPHICS, AND ALL OTHER INFORMATION CONTAINED HEREIN AND OUR SERVICES ARE PROVIDED "AS IS," "WHERE IS," AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEB SITE OR OUR SERVICES, AND OPERATION OF THIS WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THIS GIFTED SCHOOL WEB SITE AT YOUR OWN RISK.
Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of this web site, your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
Limitation of Liability
In the event that you have a dispute with one or more users of this web site, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this web site or such disputes. You waive the provisions of any law or regulation limiting or prohibiting a general release. NEITHER The National Academy for the Gifted, ITS AFFILIATES, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEB SITE WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR ACCESS TO AND USE OF THIS WEB SITE, OR YOUR INABILITY TO ACCESS AND USE THIS GIFTED SCHOOL WEB SITE, OR FROM DOWNLOADING ANY MATERIAL CONTAINED ON THIS SITE. NOR WILL ANY SUCH PARTY BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY FROM YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE, INCLUDING BUT NOT LIMITED TO, ANYTHING CAUSED BY: A) INCOMPLETE OR INACCURATE INFORMATION; B) COMPUTER VIRUSES; C) SOFTWARE BUGS; D) HUMAN ACTION OR INACTION; E) ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS; OR F) ANY OTHER ERRORS, FAILURE OR DELAYS IN COMPUTER TRANSMISSION OR NETWORK CONNECTION. The limitations of liability provided in these Terms of Use inure to the benefit of The National Academy for the Gifted, our affiliates and to all of our respective officers, directors, employees, attorneys and agents.
Other General Provisions
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.