I. Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the web site located at www.applyphillycharter.org and www.applyphillycharter.force.com, and all associated sites linked to www.applyphillycharter.org by the Philadelphia School Partnership, its subsidiaries and affiliates, including any mobile apps or affiliated websites used in connection with the application portal for families in the City of Philadelphia (collectively, the "Site"). The Site is the property of the Philadelphia School Partnership ("PSP") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. PSP reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If you comply with these Terms of Use, PSP grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
II. Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to PSP, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without PSP's express prior written consent. You may use information purposely made available by PSP for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
III. Your Use of the Site
In using the Site, you certify the information that you have provided is true, complete and correct to the best of your knowledge and belief, and is made in good faith. You understand and acknowledge that any misstatements or omission of material facts in the application form may result in the rejection of the application form, disqualification from the lottery process if applicable, withdrawal of any invitation offer, and/or termination of school choice by the receiving charter school to which you applied and that the student may be withdrawn from that school if enrolled. In submitting information, you understand both the Pennsylvania residency requirements and the School District Resident Preference and certify the home address provided is the correct address for this student.
You acknowledge that by using Apply Philly Charter that you are not applying to School District of Philadelphia schools and non-participating charter schools.
You understand that by submitting this application that it does not guarantee your child's enrollment in any of the indicated preferred charter schools. You certify that you understand that completion of the application on this Site means that my child will be placed in the lottery only.
You understand that schools will notify you directly about the status and outcome of your application and may request information directly from you.
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. PSP reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any PSP server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other applicant, applicant's parent or natural guardian or authorized representive of Apply Philly Charter, including any student(s) account unrelated to you or the subject student, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or PSP's systems or networks, or any systems or networks connected to the Site or to PSP.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of PSP or others.
IV. Other Terms and Conditions
You agree to abide by all other terms and conditions relevant to your use of this site, including where applicable representing that you are of sufficient legal age to use or participate in the Site's services or features. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
PSP's obligations, if any, are governed solely by the agreements pursuant to which the services are provided, and nothing on this Site should be construed to alter such agreements. PSP may make changes to any services offered on the Site, at any time, without notice. The materials on the Site with respect to services may become out of date, and PSP makes no commitment to update the materials on the Site with respect to such products and services.
V. Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an Apply Philly Charter ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activity that occurs under your account because of your failing to keep this information secure and confidential. You agree to notify PSP immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by PSP or any other user of or visitor to the Site due to someone else using your Apply Philly Charter ID, password or account because of your failing to keep your account information secure and confidential. You may not use anyone else's Apply Philly Charter ID, password or account at any time without the express permission and consent of the holder of that Apply Philly Charter ID, password or account. PSP cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
VI. Privacy
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a transmission is encrypted. Personal information is data that can be used to identify or contact a single person.
You will be asked to provide personal information anytime you are in use of the Site. PSP may share this personal information for internal purposes to improve its services, content, and advertising. You are not required to provide the personal information that PSP has requested, but, if you chose not to do so, PSP will not be able to provide you with the Apply Philly Charter services or respond to any queries you may have. By consenting to use of the Site, you are agreeing that PSP may share your information with certain charter schools that you have indicated on the Site to be your preferred charter schools.
PSP also collects data in a form that does not, on its own, permit direct association with any specific individual. PSP may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that PSP collect and how PSP may use it:
- PSP may collect information such as zip code, area code, unique device identifier, referrer URL, location, and the time when Apply Philly Charter is used so that PSP can better understand customer behavior and improve the services, and advertising.
- PSP may collect information regarding customer activities on the Site. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website and services are of most interest. Aggregated data is considered non personal information for the purposes of this Site.
- PSP may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address.
- If PSP does combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
VII. Cookies and Other Technologies
PSP's websites, online services, interactive applications, email messages, and advertisements may use "cookies" and other technologies. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and searches. PSP treat information collected by cookies and other technologies as non personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, PSP also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, PSP treat the combined information as personal information for the purposes of this Site. If you want to disable cookies, you may disable or block such cookies through your device or browser.
As is true of most internet services, PSP gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data. PSP use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, to improve our product and services.
VIII. Integrity and Retention of Personal Information
PSP takes the security of your personal information very seriously. PSP does not take any decisions involving the use of algorithms or profiling that significantly affects you. PSP will retain your personal information for the period necessary to fulfill the purposes outlined for this Site and/or required by law or other Agreement.
IX. Access to Personal Information
Please ensure that your contact information and preferences are accurate, complete, and up to date when signing into the Site. For the personal information PSP hold, PSP will provide you with access to correct the data if it is inaccurate. PSP may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. PSP may also decline aspects of deletion or access requests if PSP believe doing so would undermine our legitimate use of data for anti-fraud and security purposes.
PSP understands the importance of taking extra precautions to protect the privacy and safety of children subject to Apply Philly Charter services.
X. Third Party Sites and Services
The Apply Philly Charter website, application, and service may contain links to third-party websites.
Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. PSP encourage you to learn about the privacy practices of those third parties. This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to Site visitors. Such Linked Sites are not under PSP's control, and PSP is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
XI. Disclaimers
PSP does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. PSP cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. PSP disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. PSP disclaims all liability for the acts, omissions and conduct of any third parties regarding or related to your use of the site and/or any PSP services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against PSP for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. PSP reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
XII. Limitation of Liability
Except where prohibited by law, in no event will PSP be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if PSP has been advised of the possibility of such damages.XIII. Violation of These Terms of Use
PSP may disclose any information if PSP determines that such disclosure is necessary regarding any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) PSP's rights or property, or the rights or property of visitors to or users of the Site. PSP reserves the right always to disclose any information that PSP deems necessary to comply with any applicable law, regulation, legal process or governmental request. PSP also may disclose your information when PSP determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that PSP may preserve any transmittal or communication by you with PSP through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or PSP determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of PSP, its employees, users of or visitors to the Site, and the public. You agree that PSP may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if PSP determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to PSP, for which monetary damages would be inadequate, and you consent to PSP obtaining any injunctive or equitable relief that PSP deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies PSP may have at law or in equity. You agree that PSP may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If PSP does take any legal action against you because of your violation of these Terms of Use, PSP will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to PSP. You agree that PSP will not be liable to you or to any third party for termination of your access to the Site because of any violation of these Terms of Use.
XIV. Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Pennsylvania without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Philadelphia County, Philadelphia, Pennsylvania, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between PSP and you arising out of or relating to your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If PSP are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
XV. Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and PSP regarding your use of the Site, and all other written or oral agreements or understandings previously existing between you and PSP with respect to such use are hereby superseded and cancelled. PSP's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by PSP of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between PSP and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
