1. THE APPLICATION, APPLICATION FEATURES AND YOUR ORGANIZATION'S RESPONSIBILITIESThe Application
The Application is a software tool developed and owned by the Company to help identify and submit reports ("Reports") of instances of bullying, including cyberbullying, harassment and other harmful or inappropriate conduct (collectively, "Inappropriate Conduct") through the use of various features of the Application.
The Application is designed to provide other additional features (collectively, "Application Features"), such as:
- Get Help Resources, which is intended to cover the addition by your Organization of one or more third party services that your Organization considers useful or otherwise appropriate for providing counseling, support or other related services, such as, for example, a third party crisis center (collectively, “Third Party Services”). This may also include Third Party Services made available via the Company.
- Messenger Feature intended to allow you to engage in chats with representatives of your Organization.
Your Organization's Responsibilities
However, what Application Features may be made available to you may be determined by your Organization. Because your Organization may elect not to provide certain Application Features or may have the ability to activate or deactivate certain Application Features, the Company cannot guarantee that all Application Features will be available to you. You acknowledge and agree that the Company has no responsibility, and will bear no liability, for your Organization's decision to select, activate or deactivate any particular Application Feature that is subject to selection, activation or deactivation by your Organization.
You further acknowledge and agree that:
- The actual provision, operation and quality of certain services that may be made available via certain Application Features will be the sole and exclusive responsibility of your Organization or selected third parties. For example, your Organization will be solely and exclusively responsible for providing any required or requested assistance, or answering any questions you may have made through the Messenger Feature. The Company has no responsibility, and will bear no liability, for the actual provision, operation or quality, including without limitation, response time, of any such services provided by your Organization via any Application Features. Further, neither the Company nor your Organization will be responsible, or bear any liability, for any acts or omissions of any Third Party Services. The Application serves only as a tool to enable your Organization to provide such services.
- The ability to effectively use certain Application Features will depend on various technical factors that are not within the Company's control and for which the Company has no responsibility and will bear no liability. Such factors include, without limitation, the availability and quality of third party network services, Internet connectivity and reception and the quality and features of any equipment, such as mobile phones or tablets, which you employ to access and use the Application and Application Features.
"Anonymous" Incident Reporting and Messages
2. LIMITED LICENSE; RESTRICTIONS ON USE
3. TERMINATION OR RESTRICTION OF ACCESS
4. INTELLECTUAL PROPERTY RIGHTS
The Application is protected by copyright and other intellectual property laws, and all intellectual property rights in and to the Application, including, without limitation, the Company logo, and all related trademarks, service marks or other designations of origin used in or in connection with the Application (collectively, "Trademarks"), are the property of the Company or of the Company's licensors. Further, all intellectual property rights, including, without limitation, all copyrights, in and to the materials and content provided by the Company in or through the Application (collectively, the "Content") are the property of the Company or of the Company's licensors. The Company or its licensors retain all right, title and interest in and to the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of the Company.
YOUR USE OF THE CONTENT AND APPLICATION IS AT YOUR OWN RISK. THE CONTENT AND APPLICATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT: (I) YOUR USE OF THE APPLICATION WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR (III) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE APPLICATION WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL.
FURTHER, THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE APPLICATION WILL PREVENT OR END ALL INAPPROPRIATE CONDUCT OR ANY PARTICULAR INCIDENT OF INAPPROPRIATE CONDUCT. THE APPLICATION ONLY PROVIDES A TECHNICAL TOOL TO REPORT AND ATTEMPT TO END SUCH INAPPROPRIATE CONDUCT.
6. LIMITATION OF LIABILITY OF THE COMPANY AND ITS LICENSORS
EXCEPT TO THE EXTENT REQUIRED BY ANY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, THE ORGANIZATION OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD PARTY VENDORS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APPLICATION OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SUCH DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOST PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE APPLICATION, THE CONTENT OR RELATED SERVICES, SUSTAINED BY ANY PERSON OR ENTITY, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, THE ORGANIZATION OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD PARTY VENDORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO THE RESPECTIVE PARTY FOR THE APPLICATION.
8. PERSONAL INFORMATION, PRIVACY AND SECURITY
The Company reserves the right to cooperate fully with any law enforcement authorities or court orders.
You acknowledge and agree that as a result of your use of the Application, your Organization will have the ability to send you, and may send you, push notifications, and that such notifications will not be considered unlawful.
9. USER SUBMISSIONS
You agree that any communication which you post, submit or transmit through your use of the Application, including any text messages, screen shots, photos or videos (collectively, "Submissions"), are non-confidential and become the property of your Organization upon any such posting, submission or transmission. By posting, submitting or transmitting any Submissions via the Application you are agreeing that your Organization shall own all right, title and interest in the Submissions and shall have the right to use the Submissions as it deems appropriate (subject to any applicable laws). You further acknowledge and agree that the Company has no responsibility, and shall bear no liability, regarding your Organization's use or non-use of any Submissions.
10. LEGAL COMPLIANCE, EXPORT CONTROL AND GOVERNMENT USERS
The Company is based in the State of New Jersey, USA. The Company makes no representation that the Application is appropriate or available for use in other locations. If you access the Application from other locations, you are responsible for complying with all applicable local laws. You shall be responsible for the payment of any sales, use and similar taxes relating to the license of the Application.
The United States controls the export of products and information. You agree to comply with all such restrictions and not to export or re-export the Application to countries or persons prohibited under the export control laws. By downloading the Application, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited.
If the Application is downloaded by or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights. Use, duplication or disclosure of the Application by the U.S. Government is subject to applicable federal laws and regulations.