You represent and warrant to Notifyschool that: (i) you are at least 18 years old (or, if you are not at least 18 years old, you have your parent’s permission to use the Services, and your parent has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Notifyschool is a web portal through which a school on its own, or an entire school district, located anywhere in the United States may register and pay a service fee. In exchange for payment, Notifyschool will create a special account for the School on its Site so that the parents of students attending the School (hereinafter “Parents”) will be able to communicate quickly, conveniently and directly to the School and thereby provide valuable information with respect to that Parents’ student, including but not limited to an inability to attend school for the day or multiple days, anticipated tardiness, , and such other information Notifyschool and your child’s school mutually agree are necessary items for which a Parent communicates with the School (hereinafter “Communication Service”).
In furtherance of the Communication Service, an Application has been created for download to which this Agreement applies.
Once the Application is downloaded, you will locate the school at where your child or children attend (the school might also send you an electronic communication explaining the download and registration process, or might provide a handout explaining such information) and provide, through the Application, your email address, phone number, school zip code, student identification, and relationship to the child being registered. You will have the ability to add additional children after the original enrollment within the Application itself. You also will have the option to submit your Application through Notifyschool’s Site. Once registered and synced with your school, you will be able to send specific communications to the school through the Application, and additionally see various reports as Notifyschool deems appropriate. You understand that use of the Service is contingent on the School continuing its registration with Notifyschool. Therefore, if your child’s School terminates is relationship with Notifyschool, we will also close all associated accounts from that School, which might include your child’s information.
When you download the Application and use the Service, Notifyschool will learn and store your unique device ID, device model, device operating system, and internet protocol address. While Notifyschool will collect this information and other information in the registration process, Notifyschool does not send any SMS message or phone calls to your registered phone numbers
You will provide Notifyschool with accurate, complete, and updated registration information. You may not (i) select or use the name or email of another person with the intent to impersonate that person; or (ii) use a name subject to any rights of any person other than you without appropriate authorization. Notifyschool reserves the right to refuse registration of or cancel a Notifyschool account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password, including keeping it from your child or children so that they cannot illegally or without your authorization submit information. You may not transfer your account to anyone without express prior written consent of Notifyschool. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. Notifyschool reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain parental consent or provide notice before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13, except we may collect a child’s name (first name and last name), date of birth, gender, email address or telephone number n order to provide the Services contemplated herein. Note that if Your account is inactive for at least thirty-six months (meaning, that account has not sent a message through the Notifyschool Services in that time), Notifyschool’s policy is to delete the personally-identifiable information associated with that account.
If we learn we have collected personal information from a student under 13 other than pursuant to the above, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at firstname.lastname@example.org
Access to and use of the Services itself is free, but in the future, we may offer new or additional special features which Notifyschool may charge for. Therefore, Notifyschool reserves the right to require payment of fees for certain Services. If you want access to those Services, you will pay all applicable fees for those Services, as will be described on the Sites or the Services you select. If you continue to use those Services following such notification, that use constitutes your acceptance of any new or increased charges.
Note that, by using the Services, you may incur data charges from your wireless provider. Notifyschool will not be responsible for any charges to you associated with your usage of the Services. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
You may only use the Services for your own personal, non-commercial use and only in accordance with the terms of this Agreement and all laws that apply to you. Notifyschool is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any content on the Sites and accessed through the Services, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates anyone else’s (including Notifyschool’s) rights.
You may download or copy certain content for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content other than personal, noncommercial use is expressly prohibited without prior written permission from Notifyschool or from the copyright holder identified in such content’s copyright notice. You will not link to the Services without Notifyschool’s prior written consent, except in accordance with the terms of this Agreement.
In the course of using the Services, you and other users may provide information which may be used by Notifyschool in connection with the Services and which may be visible to certain other users. All materials, information and content that you post or otherwise provide to Notifyschool (and in connection with the Services) are your “User Submissions.” NOTIFYSCHOOL owns the right to all User Submissions for the purpose of providing the Services. Furthermore, Notifyschool retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you.
You agree that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Notifyschool will not be liable for any errors or omissions in any content. Notifyschool cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Notifyschool cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Notifyschool be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You warrant, represent and agree that you will not contribute any content or otherwise use (or encourage any third party to use) the Services in a manner that
Under the Digital Millenium Copyright Act (the “DMCA”), online service providers such as Notifyschool have the right, but not the obligation, to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.
Notifyschool has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Notifyschool will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless Notifyschool from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services (if applicable), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Notifyschool will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between users on this site, or between users and any third party, you understand and agree that Notifyschool is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Notifyschool, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Notifyschool has no special relationship with or fiduciary duty to you. You acknowledge that Notifyschool has no control over, and no duty to take any action regarding: which users gains access to the Services; what content you accesses via the Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Notifyschool from all liability for you having acquired or not acquired content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. Notifyschool makes no representations concerning any content contained in or accessed through the Services, and Notifyschool will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Notifyschool makes no representations or warranties regarding suggestions or recommendations of services or products (including content provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided “AS IS” without any warranty of any kind from Notifyschool or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify and hold Notifyschool, its members, parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL NOTIFYSCHOOL, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO NOTIFYSCHOOL HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND NOTIFYSCHOOL’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by deleting your account in your account settings tab or by contacting us at email@example.com. Notifyschool may disable or terminate your access to the Services or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture of all information associated with your membership. Upon termination of your account, your right to use the Services, and any Content will immediately cease; however, Notifyschool may retain messaging data or other data and information pursuant to this Agreement and as necessary for auditing purposes and as required by law or separate agreement relative to the Services. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
This Agreement will be governed by and construed in accordance with the laws of the State of Michigan without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in Troy, Michigan or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. Notifyschool will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Notifyschool’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Notifyschool’s prior written consent. Notifyschool may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement and any legal documents located on NOTIFYSCHOOL’s Sites is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Notifyschool in any way whatsoever.
EFFECTIVE DATE: September 9, 2015