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 (as defined infra)(the “Service Fee”). In exchange for the Service Fee, 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 the School mutually agree are necessary items for which a Parent communicates with the School (hereinafter “Communication Service”).
In furtherance of the Communication Service, NOTIFYSCHOOL will create an application (the “App”) which Parents may download through the Apple App Store or the Google Play Store. The Communication Service is also offered through NOTIFYSCHOOL’s Site through which Parents can register for the Service. A separate agreement will be entered into between NOTIFYSCHOOL and the Parent for such App and Site Service offerings.
The App and Site will allow Parents to communicate directly with the School safely and privately, and the School, by using the Site and signing up for the Communication Service, will have a place to receive and store such messages. The School must have internet access to use the Service, while Parents must have a data plan and/or internet access to use the Service.
The School will purchase the product and subscribe to the Services by providing credit card information on NOTIFSCHOOL’s enrollment page along with information sufficient to create an account specifically for the registering School. The School will then use the Site to import its student database to the Site, including but not limited to, a student’s identification number, first name, last name, teacher, grade and gender. Next, the School will communicate directly with Parents and provide them details on how to download NOTIFYSCHOOL’s application and work through the enrollment process. NOTIFYSCHOOL will assist the School in communicating with Parents by providing appropriate verbiage and links. Each day school is in session, the School’s administrator will be able to login to NOTIFYSCHOOL’s website and obtain all information reported from Parents that have enrolled
The School must actively maintain the student database and ensure all Parents, including new Parents, are enrolling their student information on a regular basis.
The School may register additional names and addresses to provide access to multiple parties working for the School.
The School will have access to a dashboard of information designed by NOTIFYSCHOOL to provide easy-to-read analysis of the students at the School. NOTIFYSCHOOL will also provide reports and other information reasonably requested by the School. The School will also have the option of archiving information received through the Service on an annual basis.
NOTIFYSCHOOL will not communicate directly with the Parents via SMS or telephone messages, nor will it sell or otherwise distribute any information provided by Parents or the School without the express written consent of the School. As such, if a Parent has any issues logging in or sending communications to the School, the Parent shall inform the School, and the School will inform NOTIFYSCHOOL’s support.
The School understands and accepts that the Service Fee for the Communication Service identified herein is twenty dollars ($20.00) per month, and School agrees to pay same by entering credit card information in a separate payment page on the Site. NOTIFYSCHOOL does not retain any credit card information and all payment information is managed, processed and operated by www.stripe.com.
NOTIFYSCHOOL agrees that, so long as the School provides all appropriate information requested from the Site, NOTIFYSCHOOL will offer the Communication Service for free for the first thirty (30) days after the School accepts this Agreement.
Additionally, as a condition of use:
As a condition of using the Service, the School will be required to register with NOTIFYSCHOOL and provide an e-mail address as its username and create a password. The School shall provide accurate, complete, and updated registration information and shall be solely responsible for updating any and all pertinent registration information.
To the fullest extent permissible by law, the Services are provided “AS IS” and WITHOUT WARRANTY OF ANY KIND. THE SCHOOL ASSUMES THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTIFYSCHOOL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOTIFYSCHOOL DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET THE SCHOOL’S REQUIREMENTS. THE SCHOOL’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.
The School agrees that the Service contains Content provided by NOTIFYSCHOOL and may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. The School shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
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 owns and retains all proprietary rights in the Site, its logo, the Service and all material and information received from the School (“Content”). The Site contains the copyrighted material, trademarks and other proprietary information of NOTIFYSCHOOL. The School may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy or transmit any Content or other such proprietary information without the express written permission of NOTIFYSCHOOL.
If an account is terminated, the School and its associated registered Parents will lose access to all stored information related to the Services at the end of the billing cycle in which notice of termination is given.
By using the Services, and agreeing to this Agreement, the School agrees to defend, indemnify, and hold harmless NOTIFYSCHOOL, its affiliates, and each of its affiliates’ directors, employees, managers, agents, contractors, partners, attorneys, and suppliers from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to the School’s use or misuse of, or access to, the Service, the violation of any law, rule or regulation, or infringement by the School, or any third party using the School’s account.
IN NO EVENT SHALL NOTIFYSCHOOL, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, ATTORNEYS, OR AGENTS, BE LIABLE TO SCHOOL UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:
All provisions shall be construed in accordance with and governed by the laws of the United States and the State of Michigan, without reference to their rules regarding conflicts of law. All disputes arising out of or related to the provisions herein and/or the use of the Site, the Content or the Services shall be resolved by final and binding arbitration before one neutral arbitrator in Troy, Michigan (“ADR”). The School consents to the personal jurisdiction of ADR in Troy, Michigan, and agrees that ADR there is the sole venue for any dispute. Any dispute shall be resolved under the then-applicable streamlined ADR rules and procedures. An award by the arbitrator may be entered by any party in a court of competent jurisdiction. IN AGREEING TO ARBITRATE, THE SCHOOL IS GIVING UP ITS RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY.
By using the Services, the School consents to receive from NOTIFYSCHOOL all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. NOTIFYSCHOOL may provide the electronic Contract Notices by posting them on the Site or directly emailing the School to an email address it provides in the registration process.
The School’s use of electronic signatures to sign documents legally binds it in the same manner as if it had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to the School in writing. If the School signs electronically, it represents that it has the ability to access and retain a record of such documents. The School agrees that it is responsible for understanding these documents and agrees to conduct business by electronic means. The School is obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability the Site’s electronically stored copy of this Agreement in any proceeding arising out of this Agreement.
The School agrees that all notices contemplated herein shall be sent to NOTIFYSCHOOL by sending the notice to firstname.lastname@example.org. NOTIFYSCHOOL shall send notices to School at the email address registered by School in the Enrollment process. A Notice is deemed to have been given when sent.
Effective: September 9, 2015