Terms of Use

These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the website, including the domains and sub-domains isboa.org as well as through other channels and at our events you may attend (collectively, referred to as our “Service”), made available or provided by the California Independent Schools Business Officers Association (“Cal-ISBOA”, “us”, “our”, and “we”). Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

1. ​Eligibility

   You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use isboa.org in any manner. By visiting isboa.org or accepting these Terms, You represent and warrant to isboa.org that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to isboa.org that You will use isboa.org in a manner consistent with any and all applicable laws and regulations.

   
   

2. ​Use of isboa.org Content

   isboa.org authorizes You to view and access a single copy of the content available on or from isboa.org solely for your personal use or for your school’s use. The contents of isboa.org, and of all other Web sites under isboa.org's control, whether partial or otherwise (isboa.org and such other Web sites are sometimes collectively referred to as "Cal-ISBOA Sites”) such as text, graphics, images, logos, button icons, software and other isboa.org content (collectively, "isboa.org Content"), are protected under both United States and foreign copyright, trademark and applicable statutory and common law. All isboa.org Content is the property of the California Independent Schools Business Officers Association (Cal-ISBOA) or its content suppliers or clients. You further agree to in no other way misuse isboa.org Content that appears on this Site, other than those specifically permitted herein or by written agreement with isboa.org. Unless specifically permitted herein or in writing by isboa.org, the use of any isboa.org content on any other Web site or in a networked computer environment for any purpose is strictly prohibited and Cal-ISBOA reserves the right to pursue all available legal remedies.

   
   

3. ​Cal-ISBOA's Ownership Rights

   Cal-ISBOA and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the isboa.org Products and Services, and all

   such rights to all derivative works or enhancements of, in and to, or relating to, the isboa.org Products and Services. By entering into this Agreement or by using isboa.org, You will not acquire any intellectual property or similar rights in isboa.org Products or Services other than a limited right to use the Products or Services for Your personal benefit subject to the terms, limits and conditions stated herein.

   
   

4. ​isboa.org Site Restrictions

   You may not use any isboa.org Site in order to transmit, post, distribute, store or destroy material, including without limitation, isboa.org Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful, unlawful or in the sole and reasonable discretion of Cal-ISBOA, inappropriate or offensive. You agree that You will not use the isboa.org site in any manner that could damage, disable, overburden, or impair the isboa.org site or interfere with any other party's use and enjoyment of the isboa.org site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the isboa.org site.

   
   

5. ​Sponsors and Advertisers

   If You participate as a Sponsor or Advertiser, You are solely responsible for all advertising content You transmit or submit to isboa.org or through the isboa.org Sponsor or Advertiser Program, whether created by or for You, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such marketing or advertising content (collectively, "Ads"). Prior to providing any content or Ads and Participating as a Sponsor or Advertiser, You may be required to read and accept additional written terms and conditions governing Your submission of content or Ads to isboa.org. isboa.org disclaims any and all liability for any claims, actions, liabilities, losses or damages that may arise from Your Ads and their content and You hereby agree to defend, indemnify and hold harmless isboa.org, Cal-ISBOA, and its officers, directors, volunteers, and employees from and against all losses or damages isboa.org or Cal-ISBOA incurs or may incur and which arise out of or result from Your marketing and advertising. By submitting Content for marketing or advertising to any public area of any isboa.org Site, You automatically grant to isboa.org and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form,

   media or technology now known or later developed, for the full term of any rights that may exist in such content) such Content, and to grant and authorize sublicenses thereof (through multiple tiers). isboa.org does not represent or guarantee the truthfulness, accuracy, or reliability of Sponsor or Advertiser Content nor does the placement or appearance of marketing or an Ad on isboa.org constitute an endorsement or approval by Cal-ISBOA of the advertised product or service.

   
   

6. ​Copyright Agent

   If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to isboa.org, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

   • Your address, telephone number, and email address;

   • A description of the copyrighted work that you claim has been infringed;

   • A description of where the alleged infringing material is located;

   • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

   • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

   • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

     Attention to current Agent for Service of Process as filed with CA Secretary of State at the address noted in article 9.

     
     

7. ​Cal-ISBOA's Liability

   isboa.org acts as a venue for online association management services portal and guide. Cal-ISBOA may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for Cal-ISBOA, damage Cal-ISBOA's brand or public image, or cause Cal-ISBOA to lose (in whole or in part) the services of its ISPs or other suppliers. While Cal-ISBOA reserves the right in its sole discretion to remove Content or other material from isboa.org from time to time, Cal-ISBOA does not assume any obligation to do so and disclaims any liability for failing to take any such action. The isboa.org Sites and the isboa.org Content may contain inaccuracies or typographical errors. isboa.org makes no representations or warranties of any kind or nature about the accuracy, reliability, completeness, or timeliness of any isboa.org Content. The use of all isboa.org Content is at your own risk. Changes are periodically made to isboa.org Sites and may be made at any time. isboa.org cannot guarantee and does not promise any specific results from use of isboa.org or any isboa.org Site. No advice or information, whether oral or written, obtained by You from isboa.org or through or from isboa.org or any other isboa.org Site shall create any warranty not expressly stated herein.

   
   

8. ​DISCLAIMER OF WARRANTIES

   THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. isboa.org ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR Browse IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

   
   

9. ​LIMITATION OF LIABILITY

   IN NO EVENT SHALL Cal-ISBOA, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT, INDEMNIFICATION OBLIGATION, OR IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR

   PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   
   

10. ​Local Standards

    We do not represent that materials on the isboa.org site are appropriate for use in all locations. Persons who choose to access the isboa.org Site do so on their own initiative, at their own risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    
    

11. ​Links to Content and Other Sites

    isboa.org and certain other isboa.org Sites contain links to third party websites and content. These links are provided solely as a convenience to You and not as an endorsement by isboa.org of the contents on such third-party Web sites. isboa.org is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk. isboa.org and certain other isboa.org Sites contain links to social media sites, including but not limited testimonials. These links are provided solely as a convenience to You and not as an endorsement by isboa.org of the content on such social media sites. isboa.org is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with isboa.org is at your own risk.

    
    

12. ​Indemnity

    You agree to defend, indemnify, and hold harmless Cal-ISBOA, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, liabilities, judgments, damages and losses,including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Content or other material You provide to any isboa.org Site, or (ii) your breach of any of the terms, conditions, restrictions or prohibitions set forth in these Terms of Use. isboa.org shall provide notice to You promptly of any such claim, suit, or proceeding.

    
    

13. ​Cal-ISBOA reserves the exclusive right to alter or amend these Terms of Use as it deems appropriate or necessary at any time.

    It is Your obligation to review these Terms of Use whenever you visit or make use of the isboa.org website.

    
    

14. ​Miscellaneous

These Terms of Use and the relationship between you and us created hereunder shall be governed by the laws of California, without regard to its conflict of law provisions.

You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of California. You agree to submit to the personal and exclusive jurisdiction of the courts located within Placer County in the State of California. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use by isboa.org must be made in writing and signed by an authorized representative of isboa.org specifically referencing these Terms of Use and the provision to be waived. Headings used in these Terms of Use are for convenience only and are not to be relied upon. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

These Terms of Use will insure to the benefit of, and are intended to be enforceable by, isboa.org's successors, assigns and licensees.

14. Dispute Resolution

If any dispute arises between You, another Sponsor or Advertiser and/or isboa.org or any combination thereof, as it relates to isboa.org, Your use thereof or these Terms of Use, such dispute shall be submitted and settled in accordance with the Rules of the American Arbitration Association, in Placer County, California and the decision of a single English speaking arbitrator shall be final and binding and enforceable in any court of competent jurisdiction.

These Terms of Use constitute a binding agreement between You and isboa.org, and is accepted by You upon your use of the isboa.org Site.

Cal-ISBOA Privacy Policy

This Privacy Statement sets forth the online data collection and usage policies and practices that apply to isboa.org and does not apply to information we collect in any other fashion.

1. ​Collection of Information by isboa.org

   By using isboa.org, we may request that you provide personal information, including your name, mailing address, email address, telephone number and other generalized background information. Moreover, there is information about your computer hardware and software that is or may be collected by us. This information can include without limitation your IP address, browser type, domain names, access times and referring website addresses and similar information, but is not linked to your personal information. We also get information from your use of our services including how you use them. Regarding IP Address and Clickstream Data, our server automatically collects data about your server's Internet address when you visit us. When you request pages from our web site, our servers may log your IP Address and sometimes your domain name. Your IP Address is used to help identify you and to gather demographic information about our members as a whole, but does not include personally identifiable information. Our server may also record the referring page that linked you to us (e.g., another web site or a search engine); the portions of isboa.org you visited; any search terms you have entered on isboa.org, or a referral site; and other web usage activity and data logged by our web servers.

   
   

2. ​Our Use of Your Information

   We use the information we gather on isboa.org, whether personal, demographic, collective or technical, for the purpose of operating and improving isboa.org and the

   Cal-ISBOA community, fostering a positive user experience, and delivering the products and services that we offer. We may use your contact information in order to send you email or other communications regarding updates or your membership. The nature and frequency of these messages will vary depending upon the information we have about you and your interaction with Cal-ISBOA. We additionally may employ Internet tracking and analytic tools such as Google Analytics to better understand and deliver a user experience. We also use the information that we gather for internal system administration, to help diagnose problems with our server, and to administer our web site. Such information may also be used to gather demographic information, such as

   country of origin and Internet Service Provider. We may link this information with your Personal Information.

   
   

3. ​Disclosure of Personal Information to Others

   We do not disclose your personal information to third parties, or your combined personal and demographic information or information about your use of isboa.org, except as follows; We disclose information to companies and individuals we employ to perform functions on our behalf, including hosting our Web servers, administering our Web site, managing our Association Management System (AMS) database, operating benchmarking surveys, providing technology support, analyzing data, providing marketing assistance, and providing customer service. These companies and individuals may have access to your personal information as necessary to perform their functions, but they may not share that information with any other third party. We will share personal information with companies, organizations or individuals outside of isboa.org if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to (1) meet any applicable law, regulation, legal process or enforceable governmental request; (2) enforce applicable Terms of Service, including investigation of potential violations (3) detect, prevent, or otherwise address fraud, security or technical issues (4) Protect against harm to the rights, property or safety of isboa.org, our users or the public as required or permitted by law.

   
   

4. ​Use of Cookies and Local Storage

   isboa.org may contain electronic images known as Web beacons (sometimes called single-pixel gifs) that allow us to count users who have visited those pages. Web beacons are not used to access your personally identifiable information; they are a technique we use to compile aggregated statistics about our Web site usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. You may not decline web beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.

   
   

5. ​Access to, Opt-Out and/or Modification of Your Information

   isboa.org may provide account holders limited access to or the ability to modify Your personal information. Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request. If you are receiving newsletters, commercial emails or other communications from isboa.org, but

   subsequently change your mind, you may opt-out by selecting an appropriate link in those email communications as indicated for the opt out or by sending an email to admin@isboa.org. We retain indefinitely all the information we gather about you in an effort to make your repeat use of the isboa.org more efficient, practical, and relevant. To the extent that we utilize the Google Analytics tools available, you have options with respect to some of those tracking tools or features available at https://tools.google.com/dlpage/gaoptout/.

   
   

6. ​Security of the Personal Information

   We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. We restrict access to personal information to Cal-ISBOA employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

   Cal-ISBOA employees are required to enable Multi-Factor Authentication on their administrative accounts with isboa.org to further protect your personal information.

   
   

7. ​Children

   isboa.org is not intended for children under 18 years of age. We do not knowingly collect personal information from children under 18.

   
   

8. ​Changes to Privacy Statement

   If we decide to materially change our Privacy Policy for isboa.org, we will post those changes through a prominent notice on the web site so that you will always know what information we gather, how we might use that information, and to whom we will disclose it. If at any time, you have questions or concerns about this Privacy Policy or believe that we have not adhered to this Privacy Policy, please feel free to email us at admin@isboa.org.

   
   

9. ​Contact Information

isboa.org operates under the control of the California Independent Schools Business Officers Association (Cal-ISBOA), a non-profit professional association, incorporated in California, with its principal place of business at 1420 E Roseville Parkway, Suite

140-369, Roseville, CA 95661. Our phone number is 818-731-0342.