Parental Terms and Conditions

Updated 2021-03-29


Below are our Parental Terms and Conditions, 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.

SchoolPulse, LLC (“SchoolPulse,” “we,” or “us”) is here to help you think better and do better so you can feel better! Our weekly tips, inspirational podcasts, questionnaires, and videos are designed to help you stress less, smile more, and become more confident.

These Terms of Service (“Terms”) apply to your access and use of the SchoolPulse website https://schoolpulse.org and mobile application (collectively the “Service”) provided by SchoolPulse LLC.

AGREEMENT TO THESE TERMS OF SERVICE

In order to use the Service, you must first agree to these Terms and your Parent or Guardian must also agree to the Parental Consent for Software as a Service to Minor Agreement. Your use of the Service is your agreement to abide by these Terms. If you don’t agree to all the terms, or you are unable to agree to these Terms, you are not authorized to use the Service. You are unable to agree to these terms if you are a minor; your parent or guardian must agree to these terms. If you do not understand these Terms, please email your questions to us at: support@schoolpulse.org

You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence, and that the Service relies upon this information in order to interact with you and provide the Service. You agree to be truthful at all times.

Written parental or guardian consent is required for you to use the Service if you are a minor. If you are a minor, your use of the Service is your acknowledgment that your parent or guardian has read and agrees to these Terms, and that your parent has read and understands the Privacy Notice https://schoolpulse.org/privacy_parents/ and Cookie Notice https://schoolpulse.org/cookies_parents/, including the right to opt-out of your use of the Service, or the collection of your personal information. Additionally, your parent or guardian’s payment for the service shall serve as verification of his or her consent for you to use the Service.

PARENTAL AGREEMENT, CONSENT, NOTICES AND THE RIGHT TO OPT OUT

The Service provides questionnaires, tips and videos. You confirm by using the service that you and your parent or guardian has been provided notice of the Service and how it allows you (and your parent or guardian) to track your emotional well-being, including suicide prevention efforts, and that you (or your parent or guardian if you are a minor) have not opted out of the Service, or the collection of your personal information from the questionnaires or evaluations used by the Service.

PROHIBITED USE OF THE SERVICE

You may not use the service if you are under 13 years of age. We reserve the right to remove you from the Service if we learn that you are under the age of 13.

The Service is not intended for use outside the United States.

CHANGES TO THESE TERMS

We reserve the right to change these Terms at any time. Whenever we make changes to these Terms, the changes are effective at the time we post the revised Terms. For example, we may need to change the Terms if we come out with a new feature, functionality or for other legitimate reasons. You can determine the date the Terms were last revised at the beginning of the Terms in the “Last Updated” section. Your continued access and use of the Service after revisions indicate your agreement to the revised terms under the same conditions as described above. Please visit this page regularly to review these Terms.

MODIFICATION AND TERMINATION OF THE SERVICE

You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you. You and/or your parent or guardian may terminate the Terms at any time by cancelling your account on the Service. You agree that we, in our sole discretion and for any or no reason at all may terminate your account on the Service without prior notice and you agree we will not be liable to you, your parent or guardian, or any other third-party for any termination of your account on the Service.

HEALTH INSURANCE PROTECTION AND PORTABILITY ACT (“HIPAA”) and HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT (“HiTech”)

Your use of the Service is not subject to HIPAA or HiTech. SchoolPulse is not considered a Covered Entity or Business Associate as defined by HIPAA.

THE SERVICE IS NOT A MEDICAL DEVICE

You agree the Service is a self-help system designed to help you improve your mood, think better, and do better. The tips, podcasts, videos, questionnaires, or texts received from the Service are not a medical device. You should always talk to a qualified health care professional for diagnosis and treatment, including information about which medications or treatment may be appropriate for you. None of the content of the Service represents or warrants that any particular medication or treatment is safe, appropriate or effective for you. The Service does not endorse any specific tests, medications, products or procedures.

If you choose to use the Service, you are solely responsible for deciding which of the suggested ideas you put into practice and how to apply or respond to any tips, podcasts, videos, questionnaires, or texts received from the Service. You acknowledge that the Service (which includes any individuals you may chat with or talk to) and SchoolPulse are not healthcare providers, nor does the Service provide you with any medical advice or make any diagnosis. The Service is not involved in any type of provider-patient relationship. You and your parent or guardian indemnify and hold harmless, SchoolPulse, for any actions you may take as a result of your having used the Service. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the Service.

If you receive advice from a medical professional which conflicts with anything contained in the Service, the advice of the medical professional should take precedence. Never disregard professional medical advice or delay in seeking advice from a medical professional because of something you have read through the Service.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CONTACT A MEDICAL PROFESSIONAL OR CALL 911 IMMEDIATELY. DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS. The SchoolPulse staff communicating with you is trained and instructed to refrain from offering medical advice in any way shape or form. However, in the event of a SchoolPulse representative suspects during the course of your ordinary correspondence with SchoolPulse that an emergency situation is reasonably expected to occur, the SchoolPulse representative may attempt to assist and prevent such emergency by taking reasonable steps to do so. In the event a SchoolPulse representative attempts to assist or prevent an emergency situation, where the representative believes that you may be in danger of harming yourself or others, or it is apparent that a crime of any nature may occur, the Services provided by the SchoolPulse representative shall not be considered within the scope of the Services offered by SchoolPulse under this Agreement, but rather, the representative will be acting as a Good Samaritan and shall be indemnified and held harmless by you and your parent or guardian from any civil or criminal liability for attempting to assist or prevent an emergent situation.

THIS SERVICE IS NOT A SUICIDE PREVENTION SERVICE

The Service is not a suicide prevention service. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE THINKING OF HARMING YOURSELF OR OTHERS, OR IF YOU FEEL YOU MAY BE IN DANGER, YOU SHOULD IMMEDIATELY CALL 911 OR A NATIONAL, STATE OR REGIONAL MENTAL HEALTH EMERGENCY NUMBER. The SchoolPulse staff communicating with you is trained and instructed to refrain from offering medical advice in any way shape or form. However, in the event of a SchoolPulse representative suspects during the course of your ordinary correspondence with SchoolPulse that an emergency situation is reasonably expected to occur, the SchoolPulse representative may attempt to assist and prevent such emergency by taking reasonable steps to do so. In the event a SchoolPulse representative attempts to assist or prevent an emergency situation, where the representative believes that you may be in danger of harming yourself or others, or it is apparent that a crime of any nature may occur, the Services provided by the SchoolPulse representative shall not be considered within the scope of the Services offered by SchoolPulse under this Agreement, but rather, the representative will be acting as a Good Samaritan and shall be indemnified and held harmless by you and your parent or guardian from any civil or criminal liability for attempting to assist or prevent an emergent situation.

CONDUCT

You are responsible for the User Content (defined below) that you make available to the Service, including its legality, reliability, and appropriateness. You may not create more than one account or create an account for anyone other than yourself. You may not post, link and otherwise make available on or through the Service any of the following:

  • Any content that is untrue, obscene, libelous, harassing, threatening, hateful, defamatory, bigoted, fraudulent or deceptive,
  • Content that is illegal or unlawful, that would otherwise create liability,
  • Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party,
  • Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM),
  • Personal information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers), or
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code.

Also, you agree that you will not do any of the following in connection with the Service or other users:

  • Share your Service user identification and password,
  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service,
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity,
  • Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service,
  • Create an account or post any content if you are under 13 years of age years,
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties, or
  • Use the Service in any manner that could damage, disable or impair the Service.

SchoolPulse and the Service are under no obligation to respond to the messages posted by you on the Service.

CONFIDENTIALITY

You are responsible for maintaining the confidentiality of the information associated with your account, including your user identification and password, and for restricting access to the devices you use to access the Service.

We (and our agents) are under a duty to maintain the confidentiality of the information associated with your account; however, this requirement of confidentiality is not breached when we share information associated with your account as authorized by these terms or as required by law. This includes sharing the information associated with your account with your parent or guardian if you are a minor and/or sharing information in order to assist or prevent a potential emergency.

CONTENT

A variety of information, questionnaires, tips, podcasts, texts, and recommendations (“Content”) may be made available through the Service, or its suppliers. While we strive to keep the Service Content accurate, complete and up to date, we cannot guarantee, and are not responsible for, the accuracy, completeness, or timeliness of any Content.

You acknowledge that you may also create, transmit, publish or display information, such as data texts through use of the Service. This information is referred to below as “User Content.”

You represent and warrant that you own your User Content or that you have the right to submit it, and in submitting you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any User Content provided to the Service, and for the consequences of your actions (including any loss or damage which we may suffer) in connection with User Content you may provide to the Service.

We may refuse to store, provide, or otherwise maintain your User Content for any reason or no reason at all. We may remove your User Content from the Service at any time. If User Content is stored using the Services with any expiration date, we may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that we have no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services. We reserve the right (but shall have no obligation) to remove User Content from the Service in its discretion.

INTELLECTUAL PROPERTY

All of the content, except User Content, available on or through the Service is the property of SchoolPulse or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All materials made available for download from the Service are the copyrighted work of SchoolPulse or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

“SchoolPulse” is a copyrighted term. All rights reserved. Subject to the terms of this Agreement, SchoolPulse hereby grants you a limited, revocable, nontransferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.

We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the Service for users who are deemed to be repeat infringers.

We do not claim any ownership rights in User Content. By submitting, posting or otherwise uploading User Content on or through the Service you give us a worldwide, royalty-free, nonexclusive perpetual license, that is fully sub-licensable, for the purpose of providing the Service only as described in these Terms, and other collateral documentation such as the Privacy Notice https://schoolpulse.org/privacy_parents/ or Cookie Notice https://schoolpulse.org/cookies_parents/ associated with the Service.

FEEDBACK

You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SchoolPulse under any fiduciary or other obligation, and that we are free to use your feedback without any additional compensation to you, and/or to disclose your feedback on a non-confidential basis or otherwise to anyone.

THIRD PARTY SERVICES

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of any third-party applications, websites, and services is governed by that party's own terms of service or privacy notices. We encourage you to read the terms and conditions and privacy notes of any third-party application, website or service that you visit or use via the Service.

Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by SchoolPulse, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to SchoolPulse. SchoolPulse does not endorse the content on any third-party websites. SchoolPulse is not responsible for the content of linked third-party websites or third-party advertisements and does not make any representations regarding its content or accuracy. SchoolPulse does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

If there is any content on the Service from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any Content or third-party content.

DISCLAIMERS

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, THE SERVICE DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USER IDENTIFICATION OR PASSWORD. THE SERVICE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PERSONAL INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

LIMITATIONS OF LIABILITY

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL SCHOOLPULSE OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE TO YOU OR ANY THIRD PARTY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, BREACH OF CONFIDENTIALITY (INCLUDING PERSONAL INFORMATION), ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES OR FOR ANY LOSS OR DAMAGE OR ANY KIND INCURRED, INCLUDING ANY INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF THE SERVICE OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCHOOLPULSE’S TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOUR PARENT OR GUARDIAN PAID TO SCHOOLPULSE. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

INDEMNIFICATION

You and your parent or guardian agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

MISCELLANEOUS

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the state in which you reside without regard to conflicts of law principles, unless your place of residence is outside the United States. If your place of residence is outside the United States, the laws in the state of Utah will govern.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the state in which you reside, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state in which you reside in connection with any such dispute including any claim involving the Service, unless your place of residence is outside the United States. If your place of residence is outside the United States, the courts in the state of Utah will have jurisdiction, in which case you agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of Utah. You further agree that you and the Service will not commence against the other a class action, class arbitration or other representative action or proceeding.

Entire Agreement

These Terms constitute the entire agreement between you and SchoolPulse regarding your use of the Service, superseding any prior agreements between you and SchoolPulse relating to your use of the Service.

Severability

If any provision in these Terms is found to be invalid or unenforceable, all other provisions will remain valid and enforceable.

PRIVACY NOTICE

If you have questions about how we collect and use information about users of the Service, please read our Privacy Notice https://schoolpulse.org/privacy_parents/ and Cookie Notice https://schoolpulse.org/cookies_parents/.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

  • By email: support@schoolpulse.org
  • By phone number: 1-888-749-5133
  • By mail: 41 N 300 W Suite B Washington, UT 84780 United States

Have a question?

Not sure exactly what we’re looking for or just want clarification? We’d be happy to chat with you and clear things up for you. Anytime!

Call anytime

435-817-3846

Email us

support@schoolpulse.org