Below is our Parental Consent for Software as a Service to Minor Agreement, which outlines a lot of legal goodies, but the bottom line is it’s our aim to always take care of you, as a student, parent, school or district.
The Parent or Guardian (the "Parent") hereby agrees to the terms and conditions listed in this Agreement ("Agreement") whereby School Pulse, LLC, a Utah Limited Liability Company (hereinafter "SchoolPulse") provides certain services (the "Service") to the Parent or Guardian’s minor child (the "Customer"). The Parent or Guardian consents to SchoolPulse providing the Services described herein to CUSTOMER.
1.1 Service Users. During the Subscription Term, Customer will receive a nonexclusive, non-assignable, royalty free, right to access and use the SchoolPulse Services solely for personal use on the specific phone number identified by Customer’s Parent, subject to the terms of this Agreement and until Customer or Parent opts out of the service by way of affirmative action or by failure to pay the applicable subscription fees.
1.2 Services Only. Parent acknowledges that this Agreement is a services agreement and SchoolPulse will not be delivering copies of the Software to Parent or Customer as part of the Service.
2.1 Compliance with Laws. Parent, Customer and SchoolPulse shall comply with all applicable local, state, national and foreign laws in connection with this Agreement, including those laws related to data privacy, international communications, and the transmission of technical or personal data.
2.2 Unauthorized Use. Parent or Customer shall: (a) notify SchoolPulse immediately of any unauthorized use of the Service or any other known or suspected breach of security, (b) report to SchoolPulse immediately and use reasonable efforts to stop any unauthorized use of the Service that is known or suspected by Parent or Customer.
2.3 Parental Access. Parent and Customer shall be solely responsible for the acts and omissions of its Parental Users. SchoolPulse shall not be liable for any loss of data or functionality caused directly or indirectly by the Parental Users.
2.4 Ownership and Restrictions. SchoolPulse retains all ownership and intellectual property rights to the services, Software programs, and anything developed and delivered under the Agreement.
3.1 Invoicing and Payment. Unless otherwise provided in the Schedule, Parent is signing up for a subscription service that is automatically renewed annually. Except as expressly provided otherwise, subscription fees are non-refundable. All fees are stated in United States Dollars and must be paid by Parent to SchoolPulse in United States Dollars.
4.1 Term of SchoolPulse Services Agreement. The term of this Agreement shall begin on the date Parent agrees to its terms and shall continue until terminated by either party as outlined in this Section.
4.2 Termination. SchoolPulse may terminate the offering of Services to Customer at any time for any reason. Parent or Customer may terminate the Services offered by SchoolPulse by opting out through the service and/or contacting SchoolPulse directly at (888) 749-5133.
5.1 Warranty. SchoolPulse represents and warrants that it will provide the Services in a professional manner consistent with general industry standards and that the services will perform substantially. For any beach of a warranty, Customer’s exclusive remedy shall be as provided in Section 4, Term and Termination.
5.2 DISCLAIMER. SchoolPulse warrants that the SchoolPulse Services will perform substantially in all material respects. SchoolPulse does not guarantee that the services will be performed error-free or uninterrupted, or that SchoolPulse will correct all service errors.
6.1 Non-Exclusive Service. Parent acknowledge that SchoolPulse Services are provided on a non-exclusive basis. Nothing shall be deemed to prevent or restrict SchoolPulse’s ability to provide the same or similar services or other technology, including any features or functionality first developed for Customer, to other parties.
6.2 Personal Data. It is not the intent of SchoolPulse to collect sensitive personal data from Participating Customers. However, if any personal information recovered by the SchoolPulse Services is discovered by SchoolPulse, SchoolPulse will take the necessary steps to maintain privacy of such data or to delete such data.
6.3 Assignment. Parent or Customer may not assign this Agreement to any other User. SchoolPulse may assign this agreement to an acquirer of all or substantially all of the business of such party to which this Agreement relates, whether by merger, asset sale or otherwise. This Agreement shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns.
6.4 Force Majeure. Each party will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or Service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, and power failures.
6.5 Severability. If any term of this Agreement is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible the same effect as the original term, and the remainder of this Agreement shall remain in full force.
6.6 Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes all previous oral and written communications by the parties, concerning the subject matter of this Agreement. This Agreement may be amended solely in a writing signed by both parties. Standard or printed terms contained in any purchase order or sales confirmation are deemed rejected and shall be void unless specifically accepted in writing by the party against whom their enforcement is sought; mere commencement of work or payment against such forms shall not be deemed acceptance of the terms.
6.7 Statistical Information. SchoolPulse may anonymously compile statistical information related to the performance of the Services for purposes of improving the Services, provided that such information does not identify Customer or user data or sensitive personal information.
6.8 Governing Law. This Agreement and the relationship between the parties hereto shall be governed by the laws of the State of Utah. Venue shall be proper in Washington County, Utah.
6.9 Parental Consent. By agreeing to the terms set forth herein, Parent hereby consents to Customer’s use of the Services provided by SchoolPulse.
6.10 Indemnification. Parent hereby agrees to indemnify, defend, and hold harmless SchoolPulse against any legal claim or action relating to the Services provided by SchoolPulse to Customer, including reasonable attorney’s fees and costs associated therewith. The indemnification of SchoolPulse by Parent extends to any claims for wrongful death, negligence, breach of contract, or any other action that Customer or Parent could bring against SchoolPulse related to the Services contemplated in this Agreement.
6.11 Emergency Situation. Parent acknowledges that SchoolPulse is not an emergency service, medical provider, or suicide prevention service. However, from time to time, during the course of SchoolPulse’s correspondence with Customer, SchoolPulse representatives may reasonably suspect that Customer may be in danger of harming himself/herself or others, or that a crime of any type is imminent. In the event a SchoolPulse representative reasonably suspects a potential emergency situation, the SchoolPulse representative may take reasonable steps to assist or prevent the emergency. Such actions, if any, shall be deemed to be services provided by SchoolPulse that are outside of the scope of the Services contemplated under this Agreement and the representative shall be protected by Good Samaritan Laws applicable in Utah, whereby individuals are immune from civil suits when reasonable steps are taken to assist or prevent an emergency situation.
IN WITNESS WHEREOF, by effectuating the payment for the services contemplated herein and by clicking the appropriate box agreeing to these terms, Parent hereby agrees to be bound by this Agreement.
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