Script, LLC, a Florida company, (“we”, “us”, “our”, “Script”) owns and operates the scriptapp.com web site (our “Site”), on which we provide a service that enables parents to provide permission for various school activities, payment for goods, services, and trips sponsored by the school and to store Content (as defined below). The service may also include installation and operation of the Script App mobile application from the scriptapp.com website (together, or individually, the “Application”). Your use of our Application is subject to the terms and conditions set forth in these Terms of Service (these “Terms” or the “Terms of Service”). These Terms govern your use of the Application whether or not you are an Authorized User (as defined below).

These Terms constitute a legally binding agreement by and between you and us. By accessing and using the Application, you accept these Terms and agree to the provisions, terms, conditions, and notices contained or referenced herein whether or not you become an Authorized User.

Username and Password

To use the Application, you must register for a Script account (“Account”) to become an authorized user (“Authorized User”). Upon receipt of a creation link from your child’s school, you will confirm your account and select a password. You are solely responsible for maintaining the confidentiality of your username and password, as well as the restriction of access to your Account, computer, mobile device, or whatever device you may use to access your Account. In the event of a breach of your Account or password, you must notify us immediately of any unauthorized use and to comply with our reasonable instructions. We will not be liable for any loss or damage arising from your refusal or failure to comply with this section of the Terms.

Use of Application

You agree to use our Application responsibly, with good judgment, and in a manner conforming at minimum to prevailing standards for internet etiquette, for example, you may not use as a username the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Furthermore, without limitation, while using the Application you agree not to: (i) violate any applicable law or regulation; (ii) infringe the rights of any third party, including without limitation, intellectual property, privacy, and contractual rights; (iii) use information obtained through our Application for any unauthorized, improper, or illegal purpose; (iv) interfere with or damage our Application, including without limitation through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, forged electronic mail address information, means to reproduce or circumvent the navigational structure or presentation of the Application or its content, or similar methods or technology; (v) use our Application to collect, transmit, distribute, post, or submit any unauthorized personal information concerning any person (including without limitation photographs, personal contact information, or numbers of credit, debit, or calling cards or accounts) without their proper consent; (vi) collect any information about any other user other than as customarily arises in the course of permitted use of our Application; (ix) remove any copyright, trademark, or other proprietary right notices or legends contained in the Application; (x) modify, build upon, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Application or our Site or any software used on or for the Application, absent separate agreement; (xi) use the Application to collect information about or from minors without proper consent, or (xii) assist or facilitate any third party in doing any of the foregoing. In order to protect the integrity of the Application, we reserve the right at any time in our sole discretion to block users on certain IP addresses from accessing our Site.

Payments and Refunds

A valid payment method, in the form of a current, valid credit card, is required to process the payment for your purchases through the Application. Authorized Users will provide Script with accurate and complete billing information including full name, address, state, zip code, and a valid credit card number. By submitting such payment information, you automatically authorize Script to charge all costs or fees incurred through your Account to any such payment instruments. Script partners with a secure third-party payment processor and does not store your credit card information as part of our Application. Refund requests should be directed to the school as Script does not take responsibility for refunds.

Content

Our Service allows you to post information to your child’s profile with the school(“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. You retain any and all of your rights to any Content you submit, on or through the Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. Script has the right but not the obligation to monitor and edit all Content provided by users.

Intellectual Property

The Application and its original content (excluding Content provided by Authorized Users), features and functionality are and will remain the exclusive property of Script and its licensors and are protected by copyright, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Script.

Third Party Web Sites

Our Application may contain links to third party web sites or services that are not owned or controlled by Script. Script assumes no responsibility or liability for the content, privacy policies, or practices of any third party web sites or services. Script does not endorse or warrant the offerings of any of these websites or their associated entities. Nor shall Script be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

Termination

In our sole discretion, we may terminate your access to the Application immediately, without prior notice or liability, for any reason or no reason, including without limitation your breach of these Terms. If your Account is terminated, we may immediately deactivate or delete your Account and related information in such account and bar any further access to such information. If you wish to terminate your account, you may simply discontinue using the Application.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Script and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of : (i) your use and access of the Application; by you or any person using your account and password; (ii) a breach of these Terms; or (iii) Content posted on the Application.

Limitation of Liability

In no event shall Script, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have 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.

Warranties and Representations

Your use of the Application is at your sole risk. The Application is provided on an “AS IS” and “AS AVAILABLE” basis. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. Script, its subsidiaries, affiliates, and its licensors do not warrant that the Application: (i) will function uninterrupted, be secure or be available at any particular time or location; (ii) will be error- free; (iii) will be free of viruses or other harmful components; or (iv) that the results of using the Application will meet your requirements.

You hereby represent and warrant that: (i) you are above the age of eighteen (18); (ii) you have the complete right and authority to enter into and perform under these Terms; (iii) your use of the Application will not violate any of these terms; and (iv) the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Florida without regard to its conflict of law provisions. The parties agree to, and do hereby, submit to the exclusive jurisdiction of the state or federal courts of competent jurisdiction sitting in the state of Florida and agree that the exclusive venue for all such actions shall be in Pasco County, Florida. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Application, and supersede and replace any prior agreements we might have had between us regarding the Application.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Application after any revisions become effective, you are bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Privacy Policy

Use of the Application is also governed by the privacy policy set forth in this paragraph. Your use of the Application is voluntary. We must obtain personal information about you in order to provide you with certain features of the Application. By using our Application or requesting that we provide the Application to you, you agree to disclose certain of your personal information to us, and you authorize us to use and disclose your personal information pursuant to the provisions of this privacy policy. We may also record information about your use of our Application, such as your local internet address, your usage history, the times and dates at which you access our Application, the particular portions of the Application you use, and the details of the transactions you conduct using the Application. Your personal information remains your property at all times, is kept confidential, and is not shared.

Communication

By creating an Account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Last Updated March 6, 2017