(Effective as of February 8, 2020)
Welcome to FetchKids, a website (“Site”) and application (“App”) operated by Expanded Apps, Inc. the “Company”).
Please review these Terms carefully. By accessing or using the App, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the App.
ABOUT THE APP
The App is a school dismissal coordination tool used by schools and parents to manage pickups of students from school. Parents can notify the school when they are on their way. The school is given the arrival time, name of driver, license info, and photo of driver, and can track the parents via GPS so children will always be at the curb and be ready to be picked up when the parent arrives. Parents can also arrange for a rideshare service to pick up their child (Uber, Lyft, taxi) and provide the school with all the info regarding the rideshare driver. Parents can also give permission to other parents or adults to pick up their kids and the school is then notified. (Visit the Site to see the full list of features.)
The services provided by the App are called the “Service.”
You will also be asked to create a password.
You can terminate your use of the Service, change your password, and otherwise manage your account using the Site.
Also, please note that the App is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
Like any other app, the App should never be used while driving.
To use the paid Service, schools will be charged a fee. If your school would like to sign up for the Service, please contact us.
Parents are not charged to use the App.
CONTENT AND RESTRICTIONS
You may provide text, images, software, videos and/or other material, including third-party content (“User Content”) that you share using the App or Service.
Your User Content belongs to you. However, you grant the Company the following non-exclusive license: a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and User Content that you provide through the App or Service, without any further consent, notice and/or compensation to you or others.
Other users may access and share your User Content and information, via the App or Service, social media, email, and otherwise.
If you wish us to remove your User Content from the App or Service, please send an email to email@example.com and we will do so within ten business days of receiving your request. (However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal.)
You are solely responsible for the User Content that you make available via the App or Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the App or Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content, or unless your use of the content is within the scope of fair use; and
- You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the App or Service is solely your responsibility.
The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we use, may monitor and/or record your interactions with the App or Service.
USE OF THE APP OR SERVICE
You need to be at least 18 years old to use the App or Service. You hereby affirm we have the right to terminate your account with or without prior notice.
Your permission to use the App or Service is conditioned upon the following restrictions and conditions.
You agree that you will not:
- Use, display, mirror or frame the Services or any individual element within the Services, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Company’s computer systems, or the technical delivery systems of Company’s providers;
- Attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Services or Content;
- Use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Sublicense, resell, rent, lease, transfer, assign, timeshare, or otherwise commercially exploit or make the Service available to any third party;
- Use the Service for any unlawful purpose or for the promotion of illegal activities;
- Use the Service to attempt to, or harass, abuse or harm another person or group;
- Use another user’s account without permission;
- Interfere or attempt to interfere with the proper functioning of the App or Service;
- Make any automated use of the App or Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Attempt to decipher, reverse engineer, decompile or disassemble any portion of the Service or the software used to provide the Service;
- Bypass any robot exclusion headers or other measures we take to restrict access to the App or Service or use any software, technology, or device to scrape, spider, or crawl the App or Service or harvest or manipulate data;Publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device; or
- Encourage or enable any other individual to do any of the foregoing.
MONITORING AND COMPLIANCE
Although the Company is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the App or Service (except for User Content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the App or Service in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the App or Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
The Company does not guarantee the accuracy, completeness, or usefulness of any information on the App or Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the App or Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the App or Service, or transmitted to users.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the App or Service; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Company may also use your email address to send you other messages, including information about the Company and App or Service and special offers. You may opt-out of such email by changing your account settings or sending an email to firstname.lastname@example.org.
THE APP AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APP AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE APP OR SERVICE.
THE COMPANY IS NOT RESPONSIBLE FOR VEHICLE ACCIDENTS OR INJURIES THAT OCCUR WHILE A DRIVER IS USING THE APP. THE COMPANY IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS WITH CARPOOLS, RIDESHARE SERVICES, OR OTHER DRIVERS WHO ARE PICKING UP CHILDREN.
THE COMPANY AND SCHOOL USING THE APP ARE NOT RESPONSIBLE FOR: (A) MESSAGES ABOUT PICK-UPS THAT FAIL TO REACH THE INTENDED RECIPIENTS; (B) A SCHOOL’S FAILURE TO RESPOND PROPERLY TO A PICK-UP NOTICE; (C) WHAT HAPPENS TO A CHILD WHO IS PICKED UP BASED ON THE INFORMATION IN THE APP, INCLUDING ANY INJURIES WHILE IN TRANSIT; AND (D) A CHILD BEING PICKED UP BY THE WRONG DRIVER.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE APP OR SERVICE; (C) THE APP OR SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE APP AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE APP OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
The Company can amend these Terms at any time. It’s your responsibility to check the Site from time to time to view any such changes. If you continue to use the App or Service, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the App and Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the App or Service through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Los Angeles, California.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Company based in any way on the App or Service you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.