Jesuit High School of New Orleans: Legal Risks in Website Terms & Conditions Exposed | Erayaha

## Hidden Legal Risks in Jesuit High School of New Orleans’s Website Terms & Conditions

When we examined Jesuit High School of New Orleans’s Terms & Conditions, our analysis revealed several legal and logical issues that could expose the institution to significant financial and regulatory risks. In today’s digital landscape, even educational institutions face potential liabilities exceeding $100,000 in litigation costs or regulatory fines for contract ambiguities and non-compliance. Here, we highlight four key areas where the current terms fall short, referencing specific legal frameworks and quantifying the business impact.

1. Ambiguous Limitation of Liability: Unenforceable in Many Jurisdictions The current limitation of liability clause attempts to exclude all damages, including consequential and incidental damages, regardless of notification. However, many states—including Louisiana—do not permit blanket exclusions for certain types of damages, especially where gross negligence or statutory rights are involved. This ambiguity could result in the clause being struck down in court, potentially exposing the school to six-figure liability in the event of a data breach or service failure.

Legal Analysis

critical Risk

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InExcept as prohibited by applicable law, in no event shall Jesuit High School of New Orleans or its suppliers be liable for any direct, indirect, incidental, special, or consequential damages (including, without limitationbut not limited to, damages for loss of data or profit, profits, or due to business interruption,) arising out of the use or inability to use the materials on Jesuit High School of New Orleans’ Internet site, even if Jesuit High School of New Orleans or a Jesuit High School of New Orleans authorized representative has been notified orally or in writing of the possibility of such damagewebsite. Because some jurisdictions doThis limitation does not allow limitations on implied warrantiesapply to damages resulting from gross negligence, willful misconduct, or limitationsviolation of liability for consequential or incidental damages, these limitations may not apply to youstatutory rights.

Legal Explanation

The original clause attempts to exclude all liability, which is unenforceable in many jurisdictions, especially for gross negligence or statutory violations. The revision clarifies exceptions and aligns with enforceability standards, reducing the risk of the entire clause being invalidated.

2. Disclaimer of Warranties: Overly Broad and Non-Compliant The disclaimer section disclaims all warranties, including those implied by law. However, consumer protection statutes (e.g., Magnuson-Moss Warranty Act, Louisiana Civil Code) prohibit the exclusion of certain implied warranties. Overbroad disclaimers are routinely invalidated, leaving the institution exposed to claims for breach of statutory warranty, with potential damages ranging from $10,000 to $50,000 per claim.

Legal Analysis

high Risk

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The materials on Jesuit High School of New Orleans’ website are provided “as is.” To the fullest extent permitted by applicable law, Jesuit High School of New Orleans makes nodisclaims all warranties, expressedexpress or implied, and hereby disclaims and negates all other warranties, including without limitation,but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, orand non-infringement of intellectual property. This disclaimer does not affect any warranties that cannot be excluded or other violation of rightslimited under applicable law.

Legal Explanation

The original disclaimer is overly broad and fails to acknowledge that some implied warranties cannot be excluded by law. The revision brings the clause into compliance with consumer protection statutes and reduces the risk of invalidation.

3. Unilateral Modification of Terms Without Notice The terms allow Jesuit High School of New Orleans to revise the Terms & Conditions at any time without notice. This lack of notification undermines enforceability and may violate basic contract law principles, as users are not given the opportunity to review or accept new terms. Courts have invalidated such provisions, resulting in costly disputes and reputational harm.

Legal Analysis

medium Risk

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Jesuit High School of New Orleans may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current versionNotice of these Termsmaterial changes will be provided to users via website posting or email, and Conditionscontinued use of Usethe website after such notice constitutes acceptance of the revised terms.

Legal Explanation

Unilateral modification without notice is generally unenforceable. The revision ensures users are informed of material changes, aligning with contract law principles and improving enforceability.

4. Governing Law Clause: No Forum Selection or Dispute Resolution Mechanism While the terms specify Louisiana law, they omit a forum selection or mandatory dispute resolution process (e.g., arbitration). This omission can lead to jurisdictional disputes, increased litigation costs, and unpredictability—potentially adding $50,000 or more to legal expenses in a single dispute.

Legal Analysis

medium Risk

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Any claim relating to Jesuit High School of New Orleans’ website shall be governed by the laws of the State of Louisiana without regard to its conflict, and all disputes arising out of law provisionsor relating to these terms shall be resolved exclusively in the state or federal courts located in Orleans Parish, Louisiana. General Terms and Conditions applicableThe parties agree to Usesubmit to the personal jurisdiction of a websitesuch courts.

Legal Explanation

The original clause omits a forum selection and dispute resolution mechanism, increasing the risk of jurisdictional disputes and higher litigation costs. The revision provides clarity and predictability, reducing legal expenses.

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Conclusion: Proactive Legal Protection is Essential Our analysis reveals that Jesuit High School of New Orleans’s website terms contain several critical legal risks, from unenforceable disclaimers to missing procedural safeguards. These gaps could result in substantial financial exposure, regulatory penalties, and reputational damage. Proactively addressing these issues with precise legal language and compliance-focused revisions is essential for risk mitigation.

This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.

Are your organization’s online terms exposing you to hidden liabilities? How much could a single contract loophole cost your institution? What steps can you take today to strengthen your legal framework?