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Terms of Use

Effective Date: July 31, 2024

This Web site, , is owned and operated by ������Ƶ (“������Ƶ,” “we,” “our,” or “us”). These Terms of Use apply to the ������Ƶ Web site (as well as any mobile application, features, ‎widgets, ‎plug-ins, content, downloads or other services) ‎that posts a link to this page (collectively, the “Site”). By accessing the Site, you (“you” or “your”) acknowledge that you consent to: (i) these Terms of Use (“Terms”), ; (ii) our collection, use and sharing of your information as described in our Privacy Policy; and (iii) any other legal notices, conditions, terms or guidelines located within the Site. If you do not agree to these Terms, our Privacy Policy, or any other legal notices, conditions or guidelines located within the Site, please exit our Site. If you have any questions regarding our policies or your use of our Site, please contact us by email at communications@concordacademy.org or by mail to ������Ƶ 166 Main St Concord MA 01742, Attn: ������Ƶ Marketing and Communications Office.

PLEASE READ THESE TERMS AND CONDITIONS ������ƵREFULLY BEFORE USING THE SITE. THEY APPLY TO ALL USERS OF THE SITE.

Changing Your Information

You are responsible for ensuring that information you provide in connection with the Site is accurate and up to date.  

Site Changes

You agree and acknowledge that ������Ƶ is entitled to modify, improve or discontinue any portion of the Site or services provided on its Site at its discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that ������Ƶ is entitled to provide the Site to you through affiliated entities or third-party service providers.

Ownership of Site Content

Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed, and audio materials, along with the layout and design of the Site, and all documentation, data, services, features, products and other content at the Site (collectively, “Site Content”) are protected by the copyright laws of the United States and other jurisdictions. All Site Content is owned by, or licensed to, ������Ƶ. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with or permission from the applicable Site Content owner.

Use of Site Content

Subject to and conditioned on your continued compliance with these Terms and all other terms and conditions that ������Ƶ may provide to you from time to time, ������Ƶ grants you a personal, limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to access and display on your personal computer or mobile device, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non-commercial and educational use only. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

Reservation of Rights

All rights not expressly granted by ������Ƶ herein are reserved. Nothing on the Site or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party or may be construed to mean that ������Ƶ has the authority to grant any license on behalf of any third party.

������Ƶ Trademarks

������Ƶ trademarks, including the trademark and names “������Ƶ,” “Chameleons” and all logos, page headers, graphics, images, symbols, trade names and other marks found at the Site are the proprietary property of ������Ƶ or its affiliates (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of ������Ƶ. 

Third Party Trademarks

The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the third-party trademarks, nor may anything be construed to mean that ������Ƶ has authority to grant any right or license on behalf of any third-party trademark owner.

Restrictions, Limitations and Conditions of Use

Any unauthorized use of our Site or Site Content for any purpose is prohibited. Your rights to the Site are given on the condition that you use the Site in accordance with these Terms. You may not use the Site for any unlawful purpose and you may not:

• access, solicit, collect, or use any personally identifying information about any other users of the Site, any students, faculty, or other personnel of ������Ƶ or anyone else;
• restrict or inhibit others from using the Site;
• transmit to or introduce at the Site any viruses, “trojan horse,” harmful software, or other modifications or changes to the Site or reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other services or processes accessible through any portion of the Site or Site Content (to the extent such restriction is permitted under applicable law);
• submit, upload, email, or otherwise transmit any content or other materials, to or through the Site that: a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others; or (c) has an advertising, political, marketing, promotional, or other commercial purpose, unless otherwise expressly permitted by the Site;
• engage in any activities that interfere with another user’s access to the Site or the proper operation of the Site; or
• distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use content from our Site in a manner that suggests an unauthorized association with any of our or our licensor’s products, services, or brands;
• use any Site Content to train large learning models or in connection with any artificial intelligence input or output services. ������Ƶ has no obligation to monitor your interaction with the Site but reserves the right to review or monitor the Site and any user submissions, if permitted, in its sole discretion.

Creating and Terminating Accounts

Some of the features on the Site may require you to register for an account through an online registration process. When you register for an account, you will select login credentials and you agree that: you will not use a username (or email address) that: is used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person or entity, or that is offensive. You will provide true, accurate, current and complete registration information about yourself during any registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activities that occur under your account, password, and username whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password-protected portion of our Site using your name, username, or password. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. If any information that you provide (or if we have reasonable grounds to suspect that any information that you provide) is false, inaccurate, outdated, incomplete, or violates these Terms or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account, or suspend or otherwise deny you access to it or its benefits, all in our sole discretion, for any reason, and without advance notice or liability. 

Links to Other Sites

In using the Site, you may find that ������Ƶ provides hyperlinks to one or more third-party Web sites or applications such as PowerSchool and GiveCampus Inc. (the “Linked Sites”). These links are provided as a convenience for you and other users, but ������Ƶ is not responsible for the content of, or links to and from, the Linked Sites. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and privacy policies of the respective Linked Sites, should you choose to visit them, since your use of those Linked Sites will be subject to their terms of use and privacy policies. A link from the Site does not imply an endorsement by ������Ƶ of the Linked Site, its content, policies, or business practices.

Disclaimer, Limitation of Liability, and Indemnification

The materials, Site Content, and services offered on the Site are provided “AS IS” and ‎without warranties or conditions of any kind. To the fullest extent permissible pursuant to applicable law, we ‎disclaim all warranties, conditions, and other terms, express, implied, statutory, or otherwise, including, but not limited to, implied warranties of ‎non-infringement, merchantability, and fitness for a particular purpose. We do not warrant that ‎the use of the Site will be uninterrupted or error-free, that defects will be corrected, or that ‎the Site or the server(s) that make it available or any advertised or hyperlinked site are free ‎of viruses or other harmful components or that the Site, server(s), or advertised or ‎Linked Sites will be accessible at all times. We do not warrant or make any representations, conditions, or other terms ‎regarding the use of the Site or any information contained therein, including Site Content, ‎with respect to correctness, accuracy, reliability, graphics, links, or otherwise. You assume the ‎entire cost of all necessary servicing, repair or correction to any equipment you use to access ‎the Site. To the extent that applicable law may not allow the exclusion of implied warranties or conditions, ‎the above exclusions may not apply to you.‎

Documents, information, graphics, and other materials appearing on the Site may include ‎technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such documents, information, graphics, or other materials is at your own risk.‎

You waive any and all claims and rights against us and our affiliates, parents, and successors ‎and each of our faculty, administration, employees, assignees, officers, agents, and directors (the “������Ƶ Parties”) ‎resulting from injury or damage to, or destruction, theft, or loss of, any property or person, to ‎the maximum extent permitted by the applicable laws of your jurisdiction of residence. None of the ������Ƶ Parties will be liable to you ‎under any cause of action, for any direct, indirect, special, incidental, consequential, statutory, reliance, or ‎punitive damages, including loss of profits or business interruption. None of the ������Ƶ Parties will be liable to you for your attorneys’ fees or costs under any statutory claim.  You hereby agree to ‎indemnify the ������Ƶ Parties from and against any and all claims, liabilities, and expenses ‎‎(including reasonable attorneys’ fees), resulting from your use of the Site or any breach of ‎these Terms by you.‎

In the event that a court of competent jurisdiction finds the above disclaimer of direct damages to be unenforceable, in no event will ������Ƶ’s total aggregate liability for all damages, including without limitation all claims, losses, liabilities, costs, and expenses (including legal fees and expenses) to you related to the Site or Site Content, or these Terms, exceed the lesser of (a) the direct damages suffered by you, or (b) $100.

The provisions in these Terms are ‎intended to be only as broad and inclusive ‎as is permitted by the laws of your ‎state or country of residence. Certain jurisdictions have ‎heightened consumer ‎protection laws that may make certain portions of these Terms ‎inapplicable ‎to you. No ‎provision of ‎these Terms shall limit or waive your rights as a ‎consumer under the law of your state or country of residence. ‎In any event, ������Ƶ reserves ‎all rights, defenses and permissible limitations under the law of your ‎state or country of ‎residence.‎

Ability to Accept Terms

‎You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Site is not intended for children under the age of thirteen (13). If you are under 13 years of age, then please exit now and do not use this Site. The Site has no intention of collecting any personal data from individual users under 13 ‎years of age without express parental consent.  Where appropriate, we will specifically instruct ‎those under the age of 13 to not submit such information on our Site and/or will take reasonable ‎steps to ensure parental consent to any such submissions.  

Geographic Limitations

������Ƶ controls and operates the Site in the United States. If you use our Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe courses and services that are available only in certain jurisdictions (or only parts of them). We reserve the right to limit the availability of our Site and/or the provision of any Site Content, service, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Site Content, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Site are set forth in our Privacy Policy.

Choice of Law and Forum

These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. [Subject to the dispute resolution and arbitration provisions set forth below], you hereby consent and submit to the person jurisdiction of the state courts located in Boston and the federal courts located in Boston, Massachusetts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these Terms must be in writing signed by an authorized representative of ������Ƶ to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR SUBSTANTIVE RIGHTS UNDER THE CONSUMER PROTECTION LAWS OF YOUR STATE OR JURISDICTION OF RESIDENCE.

Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action Waiver 

In order to expedite and control the cost of disputes, you and ������Ƶ agree that any legal or equitable claim relating to the use of the Site (referred to as a “Claim”) will be resolved as follows:

1. Informal Resolution:

You and ������Ƶ will first attempt to resolve any Claim informally for a period of thirty (30) days after ������Ƶ’s receipt of written notice from you regarding any potential dispute. In the event that any dispute between ������Ƶ and you arises out of or relates to: (i) these Terms; (ii) the Site; or (iii) your application for or acceptance to ������Ƶ through the Site or any purchases made through the Site (if applicable), you and we agree to try to promptly resolve any such dispute informally within such 30-day period. You must send the written notice describing the dispute to communications@concordacademy.org.

1. Formal Resolution by Arbitration / Class Action Waiver.

READ THE FOLLOWING ARBITRATION PROVISION ������ƵREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy, or Claim arising out of or relating to these Terms, Your use of the Site, or the determination of the scope or applicability of arbitration shall be governed as set forth below.

If you and ������Ƶ cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and ������Ƶ understand and agree that all processes, such as a court action or administrative proceeding, to settle disputes shall be decided by a single arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and ������Ƶ each agree to settle disputes (except certain small claims as set forth below) only by Arbitration.

ARBITRATION MEANS THAT YOU WAVE YOUR RIGHT TO A JURY TRIAL.

The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in these Terms as a court would. The Arbitration will be conducted under the American Arbitration Association Consumer Arbitration Rules‎ (referred to as the “AAA Rules”) and under the rules set forth in these Terms. If there is a conflict between AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. In Arbitration you may seek any and all remedies otherwise available to you pursuant to the law of the governing jurisdiction. If you decide to initiate Arbitration, ������Ƶ agrees to pay the Arbitration initiation fee and any additional deposit required by AAA to initiate your Arbitration. You and ������Ƶ agree to pay equally the costs of the Arbitration proceedings, provided however, that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such higher amount as the AAA Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with AAA Rules. The arbitration will be held at a location in your hometown area, if possible, unless you and ������Ƶ both agree to another location or telephonic Arbitration. To initiate Arbitration, you or ������Ƶ must do the following things:

1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can file a Demand for Arbitration at .
2. Send one copy of the Demand for Arbitration to the other party.

Special rules in the Arbitration Proceeding.

1. Except for errors of law, the arbitrator’s decision is final and binding on all parties and may be enforced in any court that has jurisdiction.
2. Neither you nor ������Ƶ shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities or arbitrate any claim as a representative member of a class or in a private attorney general capacity.

THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.

Accordingly, you and ������Ƶ agree that the AAA Class Action Rules do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such provision unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms, you may assert an individual Claim in small claims court in lieu of Arbitration.

Limited Time to File Claims

You agree that you will assert any Claim arising out of your use of any Site within one (1) year after the Claim arises, or such claim will be barred.

Severability and Enforceability

If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision that is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity, or enforceability of any other provisions or portions of these Terms.

Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate, or suspend any and all privileges associated with accessing and using the Site for any reason or for no reason whatsoever, including improper use of the Site or failure to comply with these Terms, and to take any other action we deem appropriate.

Provisions relating to Ownership of Site Content, Trademarks, Disclaimers, Limitations of Liability, Indemnification, Waiver, Modifications, Assignment of Rights, Choice of Law, Jurisdiction, Forum, Dispute Resolution, and Limitations on Time to File Claims, shall survive any termination.

Changes to Terms

We may revise these Terms at any time, with or without notice, by updating this page or notifying you of the changes, and such revisions will be effective upon posting to this page. Please check these Terms periodically for any changes. Your continued use of the Site following the posting of any revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend, or discontinue any aspect of the Site, including your access to it. Unless explicitly stated, any new features will be subject to these Terms.

General

������Ƶ’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.

We may assign, novate, or subcontract any or all of our rights and obligations under these Terms at any time.

If you have any questions or comments on the Site or become aware of misuse of the Site by any person, please contact us at: communications@concordacademy.org.

Exclusions and Limitations; Consumer Protection Notice

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction of residence. If you are a New Jersey consumer, the terms of Sections entitled Disclaimer, Limitation of Liability, Indemnification;  Links to Other Sites; Choice of Law and Forum; Limited Time to File Claims; Severability and Enforceability; and Geographic Limitations do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, ������Ƶ reserves all rights, defenses and permissible limitations under the law of your state of residence.”

Entire Agreement

These Terms constitute the entire and exclusive agreement between you and ������Ƶ regarding the Site and their use, and supersedes all other agreements, understandings and communications, if any, whether oral or written.

Contact Us

If you have any questions regarding these Terms or your use of our Site, please contact us at by email at communications@concordacademy.org or by using this mailing address: 166 Main Street Concord, MA 01742