Charter Apps Terms of Service
Fees and payment; Responsibility for usage charges
Charter Apps reserves the right to charge fees for both the service as well as certain features. We will notify you when we intend to charge for a service or feature. You will always have the choice whether to use the service or features. If you continue to use any service or feature after you have been notified of any applicable fees, that use constitutes your acceptance of any new or increased fees.
This Agreement applies to all users of our Services. If you are, a staff member, teacher, coach or parent who enters data into the Service you are agreeing to this Agreement on behalf of an organization.
It’s your responsibility to maintain and monitor the accuracy of list of participants for each of your classes or groups.
- If you use the administrator login to access the Service, you will be able to access personally identifiable information of Participants and other staff members in your school, school district or club. You also may add, remove, and move and modify Students.
- By way of example, you will only permit staff members (such as teachers) who are current employees of your organization to use the Services. Upon termination of a staff member’s employment with the Organization, you will require such individual to delete and cease using any security credentials. If at any time you learn that a user of the Services claims to be affiliated with your organization but is not, in fact, affiliated with your Organization, or of any other inaccuracy relating to your Organization’s information, you will notify Charter Apps immediately by emailing firstname.lastname@example.org
IF YOU CHOOSE TO DO ANY OF THE ABOVE, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS AND HAVE OBTAINED ALL CONSENTS AND AUTHORIZATIONS NECESSARY TO PERFORM SUCH TASKS. Charter Apps may use the information you upload to the Service in order to verify Organizers’ and Participants’ affiliations and otherwise to help us provide you with the Service.
With respect to all users of Charter Apps: IF YOU INVITE OR ADD ANYONE TO USE CHARTER APPS AND/OR USE ANY FEATURE OF THE SERVICES WHICH REQUIRES SHARING PERSONAL INFORMATION OF ANYONE (INCLUDING, WITHOUT LIMITATION, IF YOU IMPORT CONTACTS), YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED CONSENT TO DO SO.
Registration and security
As a condition to using Services, you may be required to register with Charter Apps by selecting a password and providing your name, Organization contact information, location and a valid email address. You will provide Charter Apps with accurate, complete, and updated registration information. You may not
1. select or use the name or email of another person with the intent to impersonate that person; or
2. use a name subject to any rights of any person other than you without appropriate authorization.
Charter Apps reserves the right to refuse registration of or to cancel a Charter Apps account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of Charter Apps. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. Charter Apps reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Consent to receive periodic messages
As part of the Services, you will receive communications through the Services, including messages that Charter Apps sends you (for example, via SMS, emails, and push notifications).
If Charter Apps knows or becomes aware of a security breach of its users’ personally identifiable information, Charter Apps will notify affected schools.
Your restrictions and responsibilities
You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage anyone else to use) the Services in a manner that:
· jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
· attempts, in any manner, to obtain the password, account, or other security information from any other user;
· violates the security of any computer network, or cracks any passwords or security encryption codes;
· decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services or the products of Charter Apps.
Charter Apps reserves the right (but does not have the obligation) to remove any Content from the Services at any time when deemed objectionable. The Organization, not Charter Apps, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise provide using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to Charter Apps and to grant Charter Apps the rights to use such information as provided herein.
You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, hardware, software, and long distance or local internet service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
Warranty and disclaimer
Charter Apps has no special relationship with or fiduciary duty to you. You acknowledge that Charter Apps has no control over, and no duty to take any action regarding which users gains access to the Services. Charter Apps makes no representations concerning any content contained in or accessed through the Services, and Charter Apps will not be responsible or liable for the accuracy, legality or decency of material contained in or accessed through the Services. Charter Apps makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by users) offered through the Services. Products and services purchased are provided AS IS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM CHARTER APPS OR ANYONE ELSE. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify and hold Charter Apps, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL CHARTER APPS OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
1. FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO CHARTER APPS HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM;
2. FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
3. FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
4. FOR ANY MATTER BEYOND CHARTER APPS’S REASONABLE CONTROL.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at email@example.com. Charter Apps may disable or terminate your access to the Services or your account at any time, for any reason (for your violation of any term of this Agreement or without cause), and without warning or notice, which may result in the forfeiture of all information associated with your account. Upon termination of your account, your right to use the Services and any Content will immediately cease; however, Charter Apps may retain data and information pursuant to this Agreement, as necessary for auditing purposes, and as required by law. All provisions of this Agreement, which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Choice of law and arbitration
This Agreement will be governed by and construed in accordance with the laws of the State of Colorado without regard to the conflict of laws provisions thereof, unless a state’s law’s explicitly require that any legal disputes are governed by the laws of that state. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in Denver, Colorado or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. Charter Apps will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Charter Apps’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Charter Apps’s prior written consent. Charter Apps may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Charter Apps in any way whatsoever.