PimsPoints.com and PimsPoints Mobile App Terms and Conditions
This is a legal agreement ("Agreement") between you ("You" or "the User") together with PimsPoints ("PimsPoints" or "Us"). BY CHECKING THE BOX ON THE SIGN-UP PAGE, OR BY REGISTERING WITH THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT. If you do not agree to the terms of this Agreement, do not access the Services (as defined below).
PimsPoints offers a parental involvement system designed to incentive parents and caretakers to take an active role in the education of their children through their web-based software located at PimsPoints.com (“Site”) and software that may be downloaded to your smartphone or tablet (“PimsPoints Mobile App”). The term “Services” means the Site and Mobile App. These Terms of Service (“Terms”) govern your access to and use of the Services.
The Services are offered to you, the user, conditioned upon your acceptance without modification of this Agreement. You acknowledge that, from time to time, it may be necessary for PimsPoints to update or revise certain provisions of the Agreement. By joining PimsPoints.com and/or the PimsPoints Mobile App and accepting this Agreement, you agree that PimsPoints may change the terms of the Agreement in its sole discretion without specific notice to you. If you do not agree to the changes proposed by PimsPoints, or to any terms in this Agreement, your sole and exclusive remedy is to cancel your PimsPoints.com account and your PimsPoints Mobile App account ("Your Account").
General Use of the Services
You shall not use the Services, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, databases or other lists, products or services provided through or obtained from the Services. This means, among other activities, that you agree not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining information. You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Except with the written permission of PimsPoints, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Services. If you attempt to access prohibited areas of the Services, you may be subject to prosecution.
In order for you to participate in the Services, PimsPoints will require you to provide specific information about you and/or your organization or business (if applicable). By creating an account and agreeing to this PimsPoints User Privacy and Confidentiality Agreement, you are providing consent as a parent/guardian to schools and school systems to have access to the information entered into the PimsPoints application or website. The information required to create an account is parent/guardian first and last name, email address, student(s) first and last name, student gender, relationship, and school. This information will be shared with the school and school system to verify the student’s enrollment as well as to participate in earning PimsPoints through the app. Schools and School Systems can upload, notify, and communicate with you about engagement activities related to your student(s) through the application. The LDOE does not have access to any individual information shared by users, parents/guardians, schools, school systems,
IdleMind Technologies LLC will comply with all agency/program requirements regarding protection of user privacy. IdleMind Technologies LLC shall not disclose or publicize the Confidential Information
without the Provider’s prior written consent.
IdleMind Technologies LLC will comply specifically with Federal confidentiality regulations as contained in the Federal Law of Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99).
IdleMind Technologies LLC will comply with all policies and procedures established by the Participant pertaining to protection of client privacy.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. PIMSPOINTS PROVIDES THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. (B) PIMSPOINTS MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
PimsPoints Proprietary Rights/Software Licenses
You acknowledge and hereby agree that the Services and any software used in connection with the Services (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property laws and other laws. PimsPoints provides you with a non-exclusive, non-transferable, limited license to use the Software, which you agree to use in accordance with this Agreement. You may not sub-license or charge others to use or access the Software without first obtaining written permission from PimsPoints. The Software is owned by PimsPoints and/or its developers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization
and source code are considered trade secrets of PimsPoints and its developers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
You agree to indemnify and hold PimsPoints and its developers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) your breach of this Agreement; (ii) any information (including but not limited to User Data) submitted or otherwise provided by you to PimsPoints and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by your actions; and (iv) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with PimsPoints or your use of the Services. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of PimsPoints and/or its developers, affiliates, partners, subsidiaries, and employees.
Copyright and Trademark Notices
The PimsPoints.com website and/or the PimsPoints Mobile App, including all images, text, and other attributes, are subject to copyright and/or other intellectual property rights or licenses owned by PimsPoints. All product and proprietary feature names, trademarks, service marks, logos and trade names ("Marks") are the property of PimsPoints. You are prohibited from using any of the Marks for any purpose (including, but not limited to, use as metatags on other pages or sites on the World Wide Web) without the express prior written permission of PimsPoints. All of the information and content available on or through the Site ("Content") is protected by copyright. Content received through the PimsPoints.com website and the PimsPoints Mobile App may be displayed, reformatted, and printed for your personal, non-commercial use only. In the event that you download any information or software from the PimsPoints.com website and/or the PimsPoints Mobile App, you expressly agree not to copy, reproduce, retransmit, distribute, post on any network, disseminate, sell, publish, broadcast in any media or otherwise circulate such material without the express prior written consent of PimsPoints. You further agree not to remove or obscure any copyright, other notices or legends contained in any such information. No right, title or interest is transferred to you in any downloaded materials. PimsPoints reserves all right, title and interest in any Content you download from the PimsPoints.com website and/or the PimsPoints Mobile App. You agree that you will not use any device, software or means to interfere or attempt to interfere with the proper working of the PimsPoints.com website and/or the PimsPoints Mobile App. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You further agree that you will not redeliver any of the pages, text, images or other content of the PimsPoints.com website and/or the PimsPoints Mobile App using linking or framing technology without PimsPoints written permission, and that you will not modify or use pages, text, images, or other content from the PimsPoints.com website and/or the PimsPoints Mobile App for any other purpose other than as specifically permitted above or otherwise approved by PimsPoints in writing. PimsPoints actively and aggressively protects and enforces its intellectual property rights to the fullest extent of the law, including recovery of all available damages, attorney's fees and costs.
Modification of the Services
PimsPoints reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Services, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Services, with or without notice. You agree that PimsPoints shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You further agree that PimsPoints shall have the right to remove any element from the
Services, with or without notice to you, at any time at PimsPoints sole discretion, if PimsPoints discontinues offering the element for any reason. If you do not agree to any such modifications, your sole and exclusive remedy is to cancel your Account.
Termination/Cancellation of User Account
Statements, notices and other communications to you may be made by mail, email, postings within your account or other reasonable means. PimsPoints may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the PimsPoints.com website or the PimsPoints Mobile App. You should refer to the Contact Us page of the PimsPoints.com website for information on how to contact and/or provide notice to PimsPoints.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. PimsPoints’ failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of PimsPoints, and any such attempted assignment shall be void. PimsPoints shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of you, the user. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between PimsPoints and you, the user with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to
impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
The Services hereunder are offered by PimsPoints, located 245 N. Highland Ave. NE Atlanta, GA 30307
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IRE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.