PickUp Patrol Terms of Use

Your Agreement

Welcome to PickUp Patrol (“PUP”). Please read the following terms of use (“Terms”) carefully, because they impose legal obligations, limitations and exclusions on: all users including but not limited to school employees (staff), parents, guardians and all other parties having legal or other control over any Child as defined below, and who are authorized under the Family Educational Right to Privacy Act (“FERPA”), 20 U.S.C. § 1232g, 34 CFR Part 99, to act on each Child’s behalf (“Parents”); PUP-enabled schools, districts and centers (“Schools”); and all other users authorized under FERPA to act on each Child’s behalf. Children under the age of eighteen (18) may not use PUP under any circumstances, even with a Parent’s or School’s consent. PUP may not be used by any Child aged eighteen (18) or older without their Parent’s and School’s express, written, prior consent.

By using PUP, you are acknowledging that you have read and understood the following Terms, and you are agreeing to be legally bound by such Terms on behalf of: yourself and your child, stepchild, foster child, adopted child, dependent and/or other legal charge (“Child”, plural is “Children”), if you are a Parent; or on behalf of yourself and School, if you are a School employee or other personnel (“Staff”). We may modify PUP and/or these Terms from time to time in the future, and your continued use of PUP will constitute your agreement to such modifications. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) PUP.

Subscription & Ownership

Provided that you are authorized to use PUP, You are hereby granted a personal, limited, non-transferable, nonexclusive, non-commercial subscription right to access PUP in accordance with these Terms either, as applicable: during the period of each of your Children’s enrollment at a School; or during your employment and/or authorization to use PUP by a School on behalf of students. All content on PUP, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, data and other files, and their selection and arrangement (the “Content”), are the property of PickUp Patrol LLC or its licensors. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part. All rights not expressly granted to you under these Terms are reserved by PickUp Patrol LLC.

Confirmation of Information

IT IS YOUR RESPONSIBILITY TO CONFIRM THE CORRECT INFORMATION ENTERED INTO PUP WITH THE SCHOOL OR EACH PARENT, AS THE CASE MAY BE. IN PARTICULAR, YOU SHALL IMMEDIATELY CONTACT THE SCHOOL OR PUP OR EACH PARENT, IF AT ANY TIME YOU SUSPECT OR ARE CONCERNED THAT, AMONG OTHER THINGS:

  • PUP is not working properly;

  • You do not understand how to use PUP and/or are not sure how to transmit or receive pick-up information;

  • Information regarding a Child’s plans has not been properly transmitted or received; or

  • Any list generated by PUP does not appear to be complete, error-free or consistent with prior lists.

Privacy, Collection & Storage of Data

We care about the privacy of our users, and recommend that you read our Privacy Policy. By using PUP, you are consenting to have your and your Children’s personal data transferred and processed in accordance with our Privacy Policy. You hereby expressly authorize PickUp Patrol LLC, Schools and their agents to collect, store, share and process personal information relating to Children, Parents and Staff for the exclusive purpose of administering PUP and conducting transactions thereunder.

Code of Conduct

As a condition of your use of PUP, you agree to follow our “Code of Conduct”, set out below. Under this Code of Conduct:

  • You agree to be the sole, authorized user of your account. You are responsible for maintaining the confidentiality of any user name and/or password used by you for accessing PUP, and for all activities that occur under your password or account.

  • You agree not to register for more than one account, register for a user account on behalf of an individual other than yourself, impersonate another, misrepresent your identity, or register for a user account on behalf of any group or entity, unless you are expressly authorized to do so.

  • You agree to immediately notify the School or each Parent, as the case may be, of any unauthorized use of any of your passwords or accounts, or of any other actual or suspected breach of security. Should you authorize any other School employee or third party to use your account, you hereby agree to supervise and be liable for all usage thereof.

  • You agree to provide accurate, timely and complete information in connection with your use of PUP. The PUP Entities are not responsible for any claim relating to any inaccurate, untimely or incomplete information provided by you. You are solely responsible for information entered by you. 

  • You represent that you are authorized under FERPA to act on each Child’s or student’s behalf, as the case may be. 

  • You agree that you and your Children shall abide by the School’s rules, regulations and code(s) of conduct.

  • You agree to discontinue using PUP with regard to any Child or student whose enrollment at the School has terminated for any reason.

  • You agree not to obtain or attempt to obtain access to or search any data or information through "hacking", “scraping”, use of a “bot” or other means not made available for your permitted use through PUP.

  • You agree not to browse any student, staff or Parent information, except when conducting an authorized PUP transaction on behalf of that student, staff or Parent.

  • You agree not to disclose any student, staff or Parent information to any third party, or to use such information other than for conducting authorized PUP transactions.

  • You agree not to download, upload or republish Content on any Internet, Intranet or Extranet site, or incorporate the information in any other database or compilation.

  • You agree not to access, tamper with or use any non-public area of PUP, any School, any PUP system, any School system, or any PUP or School technical provider system.

  • You agree not to attempt to break or circumvent any PUP or School security measure, or otherwise test the vulnerability of any PUP or School system or network.

  • You agree not to attempt to damage, disable or overburden PUP or any PUP or School system or network.

  • You agree not to access PUP using a username/password that was improperly obtained and/or which you are not authorized to use.

  • You agree not to submit material or information that: is false, defamatory, threatening, bullying, harassing, hateful or violent; is racially objectionable, ethnically objectionable or otherwise unlawful or objectionable; consists of, abets or encourages criminal conduct; is obscene, pornographic or sexually explicit, or exploits or presents a minor in a sexual way; is in violation of anyone’s intellectual property, privacy or other rights; is misleading, fraudulent or deceptive; is illegal or unlawful; or constitutes information of – or requests information of – a Child or person with whom you have no legal relationship.

  • You agree not to transmit materials through PUP that you know or should know contain any virus, Trojan horse, worm, time bomb, cancelbot, malware or other computer code that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate PUP or any system, data, or personal information.

  • You agree not to: modify, enhance, or create any derivative work of PUP; attempt to or actually transfer or assign any right you may have under these Terms, which shall be void; decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to reconstruct the source code for PUP and/or reduce PUP to human readable form; or make any copy of PUP.


Indemnity

You agree to defend, indemnify, and hold the PUP Entities and/or each School harmless, as the case may be, from and against any claim, action, demand, liability and/or settlement, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of any of these Terms, including but not limited to, the Code of Conduct.


Disclaimer of Warranties, Limitations, of Liability

PUP is offered to you as a convenience. YOU EXPRESSLY AGREE THAT YOUR USE OF PUP IN ANY MANNER IS AT YOUR SOLE RISK. PICKUP PATROL LLC AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, CREATORS, SUPPLIERS, CONTRACTORS, OWNERS AND INVESTORS (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “PUP ENTITIES”, AND INDIVIDUALLY AS A “PUP ENTITY”) DO NOT WARRANT THAT PUP WILL BE UNINTERRUPTED OR ERROR-FREE, AND THEY MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PUP, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED BY OR THROUGH PUP. THE PUP ENTITIES SHALL NOT BE LIABLE FOR THE ACTIONS OR INACTIONS OF ANY THIRD PARTY SERVICE USED OR PROVIDED IN CONJUNCTION WITH PUP, SUCH AS ANY WIRELESS OR INTERNET SERVICE. PUP IS PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY

OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, CUSTOMER’S PURPOSE, SYSTEM INTEGRATION, TITLE, NONINFRINGEMENT, SECURITY OR NONINTERFERENCE; OR ANY WARRANTY ARISING FROM ANY COURSE OF DEALING, TRADE PRACTICE OR COURSE OF PERFORMANCE. THE PUP ENTITIES DO NOT WARRANT

OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON OR PROVIDED BY PUP. THE PUP ENTITIES DO NOT WARRANT THAT PUP IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, MALWARE OR OTHER HARMFUL COMPONENTS. PICKUP PATROL LLC TAKES REASONABLE MEASURES TO ENSURE THAT PERSONALLY IDENTIFIABLE INFORMATION OF STAFF, PARENTS AND THEIR CHILDREN IS NOT DISCLOSED TO ANY THIRD PARTY, EXCEPT TO SCHOOLS ATTENDED BY SUCH CHILDREN OR SCHOOLS EMPLOYING STAFF MEMBERS SO THAT SUCH SCHOOLS CAN: INTERACT WITH STAFF, PARENTS AND/OR THEIR CHILDREN VIA PUP; AND OTHERWISE ADMINISTER AND USE PUP. YOU HEREBY AUTHORIZE THE PUP ENTITIES TO TRANSMIT ANY PERSONALLY IDENTIFIABLE INFORMATION ENTERED INTO PUP RELATING TO YOURSELF AND YOUR SCHOOL EMPLOYER OR A PARTICULAR CHILD BETWEEN AND AMONGST ALL PARENTS OF SUCH CHILD AND ALL SCHOOLS ATTENDED BY SUCH CHILD. THE PUP ENTITIES

CANNOT AND DO NOT, GUARANTEE THAT PERSONALLY IDENTIFIABLE PERSONAL INFORMATION RESIDING ON A PUP COMPUTER SERVER OR A SCHOOL’S SERVER WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. STAFF AND PARENTS, ON BEHALF OF THEMSELVES AND THEIR CHILDREN, AGREE NOT TO HOLD ANY PUP ENTITY OR ANY SCHOOL LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF ANY PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION. THE PUP ENTITIES SHALL NOT BE LIABLE TO ANY PARENT, CHILD, SCHOOL, STAFF USER OR THIRD PARTY FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE PUP, AND THE PUP ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, NON-ECONOMIC OR CONSEQUENTIAL

DAMAGES, LOST PROFITS, OPERATIONAL INTERRUPTION DAMAGES AND/OR LOSS OF INFORMATION RESULTING FROM THE USE OR INABILITY TO USE PUP, EVEN IF ANY PUP ENTITY IS AWARE OR HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS AND/OR DAMAGE. IN CONSIDERATION FOR USING PUP, YOU AGREE TO WAIVE RELEASE AND DISCHARGE ALL PUP ENTITIES FROM ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO LIABILITY FOR DEATH, DISABILITY, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THE ACTIONS OR INACTIONS OF ANY PUP ENTITY. YOU AGREE THAT THE PUP ENTITIES’ TOTAL CUMULATIVE LIABILITY TO ANY STAFF, PARENT, CHILD, SCHOOL PARTNER, USER OR ANY THIRD PARTY SHALL BE LIMITED TO ONE DOLLAR ($1.00). THE SCHOOL(S) SHALL NOT BE LIABLE TO ANY STAFF, PARENT, CHILD, USER OR THIRD PARTY FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE PUP, AND THE SCHOOL(S) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, NON-ECONOMIC OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OPERATIONAL INTERRUPTION DAMAGES AND/OR LOSS OF INFORMATION RESULTING FROM THE USE OR

INABILITY TO USE PUP, EVEN IF ANY OF THE SCHOOL(S) IS AWARE OR HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS AND/OR DAMAGE. IN CONSIDERATION FOR USING PUP, YOU AGREE TO WAIVE RELEASE AND DISCHARGE ALL SCHOOLS FROM ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO LIABILITY FOR DEATH,

DISABILITY, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THE ACTIONS OR INACTIONS OF ANY SCHOOL. YOU AGREE THAT EACH SCHOOL’S TOTAL CUMULATIVE LIABILITY TO ANY STAFF, PARENT, CHILD, USER OR ANY THIRD PARTY SHALL BE LIMITED TO ONE DOLLAR ($1.00). SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF DAMAGES, IN WHICH CASE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Term Expiration, Suspension and Termination

The term of your subscription shall expire, as applicable: upon a Parent’s Child’s graduation or disenrollment from the School; or your termination as an employee or other loss of authorization by any School. At its sole discretion, PickUp Patrol LLC may immediately suspend or terminate your right to use PUP due to your breach or threatened breach of any of these Terms, or for no reason.


General

  • The headings in these Terms are for convenience and reference only. They shall not limit or otherwise affect in any way the meaning or interpretation of these Terms.

  • If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

  • No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The trademarks contained within PUP: (a) are registered trademarks, service marks or trade dress of their owners in the United States and/or other countries; (b) may not be used in connection with any product or service in any manner that is likely to cause confusion; and (c) may not be copied, imitated, or used, in whole or in part, without the prior written permission of the owner(s).

  • PUP and all associated documentation are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, PUP and all associated documentation are being provided to U.S. Government end users: (1) only as a Commercial Item; and (2) with only those rights as are granted to all other end users pursuant to the terms and conditions of these Terms. Manufacturer is PickUp Patrol LLC, 2 Wallace Lane, Mont Vernon, New Hampshire 03057, USA.

  • The parties hereto confirm that it is their wish that these Terms, as well as other documents relating hereto, including all notices, have been and shall be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis quis'y rattachent, soient rédigés en langue anglaise.

  • These Terms shall be construed, regulated and administered under the laws of the State of New Hampshire without regard to its conflicts of law principles. The parties hereby consent to the exclusive jurisdiction of any state or federal court in the State of New Hampshire, and hereby waive any objection based on inconvenience or forum non conveniens.

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