ACCEPTANCE OF TERMS
I agree to use this app only for the purpose of planning and promoting safe walking and biking in my community. The Greater Mercer Transportation Management Association (GMTMA) provides this app to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
DESCRIPTION OF APP
GMTMA provides users with access to user-to-user communication and reporting, which may be accessed through various media or devices. You also understand and agree that the app may include certain communications from GMTMA- such as app announcements, administrative messages - that these communications are considered part of Walking School Bus membership, and that you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current app shall be subject to the TOS. You understand and agree that the app is provided "AS-IS" and that GMTMA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the app, and that access may involve third-party fees (such as internet app provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the app.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the app, you represent that you are of legal age to form a binding contract and are not a person barred from receiving apps under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the app's registration or other forms (the "Registration Data") and (b) maintain and promptly update your profile to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GMTMA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GMTMA has the right to suspend or terminate your account and refuse any and all current or future use of the app (or any portion thereof). GMTMA is concerned about the safety and privacy of all its users, particularly children. For this reason, this app is designed as a parent-only tool and is not intended to be used by persons under the age of 18.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the app's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify GMTMA of any unauthorized use of your password or account or any other breach of security. GMTMA cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You understand that all information, data, text messages, or other content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not GMTMA , are entirely responsible for all content that you post, email, transmit or otherwise make available via the app. GMTMA does not control the content posted via the app and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the app, while the occurrence is unlikely, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will GMTMA 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 app.
You agree to not use the app to:
1. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, a GMTMA official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the app;
5. Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
7. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Interfere with or disrupt the app or servers or networks connected to the app, or disobey any requirements, procedures, policies or regulations of networks connected to the app;
9. Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
10. "Stalk" or otherwise harass another; and/or
11. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
The Walking School Bus app is strictly prohibited from being used for, or to organize car-pools or any group vehicle transportation.
You acknowledge that GMTMA may or may not pre-screen content, but that GMTMA and its designees shall have the right (but not the obligation) in their sole discretion to refuse, or remove any content that is available via the app. Without limiting the foregoing, GMTMA and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by GMTMA or submitted to GMTMA, including, without limitation, information in Walking School Bus issues and in all other parts of the app.
You acknowledge, consent and agree that GMTMA may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third parties; (d) or protect the rights, property or personal safety of GMTMA, its users and the public. You understand that the technical processing and transmission of the app, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the app and software embodied within the app may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by GMTMA and/or content providers who provide content to the app. You may not attempt to override or circumvent any of the usage rules embedded into the app. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the app, in whole or in part, is strictly prohibited.
NO RESALE OF APP
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the app (including your Walking School Bus login), use of the app, or access to the app.
You agree that GMTMA may, under certain circumstances and without prior notice, immediately terminate your Walking School Bus account, and access to the app. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the app (or any part thereof), (e) unexpected technical or security issues or problems, (f) or engagement by you in fraudulent or illegal activities. Termination of your Walking School Bus account includes (a) removal of access to all offerings within the app, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the app. Further, you agree that all terminations for cause shall be made in GMTMA's sole discretion and that GMTMA shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the app.
GMTMA may provide you with notices, including those regarding changes to the TOS, including but not limited to, email, postings on the app, or other reasonable means now known or hereinafter developed.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
GMTMA respects the intellectual property of others, and we ask our users to do the same. GMTMA may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide GMTMA's Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
GMTMA's Agent for Notice of claims of copyright or other intellectual property infringement can be reached by emailing firstname.lastname@example.org.
Entire Agreement: The TOS constitutes the entire agreement between you and GMTMA and governs your use of the app, superseding any prior agreements between you and GMTMA with respect to the app.
Choice of Law and Forum: The TOS and the relationship between you and GMTMA shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and GMTMA agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Mercer County, NJ.
Waiver and Severability of Terms: The failure of GMTMA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability: You agree that your Walking School Bus account is non-transferable and any rights to your Walking School Bus login or contents within your account terminate upon your death.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the app or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOS to email@example.com.