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Terms of Use

School Terms of Use for NotifySchool

TERMS OF USE

PLEASE READ THESE TERMS OF USE (THE “AGREEMENT” OR THE “TERMS OF USE” OR “TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY BRIOSO TECHNOLOGIES, LLC, a MICHIGAN LIMITED LIABILITY COMPANY SOMETIMES DOING BUSINESS AS NOTIFYSCHOOL (HEREINAFTER, “BRIOSO” or “NOTIFYSCHOOL”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICES OFFERED BY BRIOSO THROUGH NOTIFYSCHOOL OR www.notifyschool.com, ALL OTHER SITES OWNED AND OPERATED BY BRIOSO THAT REDIRECT TO www.notifyschool.com AND ALL SUBDOMAINS (COLLECTIVELY, THE “SITE”), AND THE SERVICES OFFERED BY BRIOSO AND OPERATED BY BRIOSO (TOGETHER WITH THE SITE, COLLECTIVELY, THE “SERVICE” OR “SERVICES”).

BY CLICKING ON THE ACCEPTANCE TAB THAT LINKS TO THIS AGREEMENT, YOU AGREE YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE BELOW DEFINED SCHOOL, AND FURTHER AGREE THAT THE SCHOOL IS BOUND BY THIS AGREEMENT, THE PRIVACY POLICY, AND ALL OTHER RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED BY BRIOSO FROM TIME TO TIME ON THE SITE.

The word “You” or “Your” or “School” shall mean the entity that accepts these Terms of Use by clicking on the “I Accept” button.

COMMUNICATION SERVICE

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.

COMMUNICATION SERVICE PROCESS; SOME RESPONSIBILITIES OF SCHOOL

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.

WHAT NOTIFYSCHOOL WON’T DO

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.

ACCEPTANCE OF TERMS; SERVICE FEE

By clicking the “I Accept” button below, the individual clicking same represents that he or she has read and understands these Terms of Service, and has the authority to bind the School to this Agreement. The School acknowledges that these Terms of Use may be amended at any time, such amendment being enforceable immediately so long as the updated Terms of Use are sent to the School at its registered electronic mailing address identified in the Notice section of this Agreement. The School will then have seven (7) days to terminate this Agreement at which time this Agreement shall be automatically terminated. If no such termination is received by NOTIFYSCHOOL, the School will be deemed to have accepted this Agreement.

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.

CONDUCT

As a condition of use, the School promises not to use the Service for any purpose that is prohibited by these Terms of Use or law. The School is responsible for all of its activity in connection with the Service.

Additionally, as a condition of use:

  • The School agrees not to post any material that is obscene, lewd, lascivious, pornographic, contains nudity or visual depictions of sexual acts, excessively violent, harassing, or otherwise objectionable;
  • The School agrees not to post any content that violates any copyrights, patents, trademarks, trade secrets, or any other intellectual property rights of others, or any content that violates any law;
  • The School agrees not to upload, post, email, transmit, submit, or otherwise make available through the Site or Service any material or content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless the School is the owner of such rights or have the permission of the owner to post such content. The School further agrees to not take any action that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract, including removing any copyright, trademark or other proprietary rights notices contained in or on the Site or Service.
  • The School agrees not to transfer or assign these Terms, and any rights and licenses granted hereunder.
  • The School agrees not to access, tamper with, or use non-public areas of the Site or Service or any other computer systems or networks connected to the Service.
  • The School agrees not to post any content or use the Sites that would constitute unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
  • The School agrees not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code on the Site that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of NOTIFYSCHOOL or any other School to which NOTIFYSCHOOL provides the Service;

Additionally, the School shall not: (i) take any action that imposes or may impose (as determined by NOTIFYSCHOOL in its sole discretion) an unreasonable or disproportionately large burden or load on NOTIFYSCHOOL or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

The School shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

All Parent information, and that of their children/students whether publicly posted or privately transmitted, is the sole responsibility of the School.

NOTIFYSCHOOL does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service. 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 as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. The School further agrees that it is responsible for any unauthorized use of its password that is made before the School has notified NOTIFYSCHOOL and NOTIFYSCHOOL has had a reasonable opportunity to act on that notice. NOTIFYSCHOOL reserves the right at its discretion to suspend or cancel the School’s account and/or password, even without receiving such notice from the School, if NOTIFYSCHOOL suspects that it is being used in an unauthorized or fraudulent manner.

The School is solely responsible for maintaining the confidentiality of its account and password and agrees to promptly report any unauthorized or suspicious activity in its account to NOTIFYSCHOOL by email at info@notifyschool.com. NOTIFYSCHOOL will respond to any such communication within one business day.

REGISTRATION

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.

DISCLAIMER OF WARRANTY

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.

CONTENT AND LICENSES

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.

COPYRIGHT DISPUTE POLICY

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.

PROPRIETARY RIGHTS

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.

TERMINATION

If the School wishes to terminate its account, it may do so by following the instructions on the Site. Any fees paid to NOTIFYSCHOOL are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

NOTIFYSCHOOL reserves the right - without cause or notice to the School - to terminate or suspend the School’s access to some or all of the Site, effectively immediately, if the School engages in activities that NOTIFYSCHOOL concludes, in its discretion, breaches these Terms of Use or the Privacy. The School should also understand that the Terms of Use and Privacy Policy are based in many instances on principles of state and federal law.

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.

INDEMNIFICATION

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.

LIMITATION OF LIABILITY

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:

  • DATA LOSS;
  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  • DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY;
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE SCHOOL’S USE OF THE SERVICES;
  • UNAUTHORIZED ACCESS TO OR USE OF NOTIFYSCHOOL’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • LOSSES CAUSED BY ANY UNAUTHORIZED USE OF THE SCHOOL’S ACCOUNT;
  • INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM NOTIFYSCHOOL’S SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH NOTIFYSCHOOL’S SERVICES BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NOTIFYSCHOOL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Electronic Communication Privacy Act Notice (18usc 2701-2711): NOTIFYSCHOOL makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. NOTIFYSCHOOL will not be liable for the privacy of email addresses, registration and identification information, communications, confidential or trade-secret information, or any other Content stored on NOTIFYSCHOOL’S equipment, transmitted over networks accessed by the Site, or otherwise connected with the School’s use of the Service.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE JURISDICTION IN WHICH THE SCHOOL IS LOCATED.

GOVERNING LAW – ARBITRATION

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.

ELECTRONIC DELIVERY – NOTICE POLICY – CONSENT

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.

INTEGRATION AND SEVERABILITY; ASSIGNABILITY; WAIVER

These Terms of Use, together with the Privacy Policy, and any other legal notices published by NOTIFYSCHOOL on the Site, shall constitute the entire agreement between the School and NOTIFYSCHOOL concerning the Service and supersedes all prior or contemporaneous communications, agreements and understandings between NOTIFYSCHOOL and the School with respect to the subject matter hereof. These Terms of Use shall not be assignable by the School, either in whole or in part. NOTIFYSCHOOL reserves the right to assign its rights and obligations under these Terms without restriction. The failure of NOTIFYSCHOOL to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of such right or provision may only become effective upon written agreement signed by a duly authorized representative of NOTIFYSCHOOL. The section titles in this Agreement and the Privacy Policy are for convenience only and have no legal or contractual effect. If for any reason any provision of these Terms, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions. A printed version of these Terms shall be admissible in judicial or administrative proceedings.

FORCE MAJEURE; NO PARTNERSHIP; NO THIRD-PARTY BENEFICIARIES

NOTIFYSCHOOL shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond NOTIFYSCHOOL reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

NOTICE PROCESS

The School agrees that all notices contemplated herein shall be sent to NOTIFYSCHOOL by sending the notice to info@notifyschool.com. 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