By using the Services or accessing the Site, you agree not to rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in connection with using the Services or accessing the Site.
Users shall not itself or permit others to copy, decompile, reverse engineer or take comparable action regarding the Site and its object code. Users acknowledges that violation of this Paragraph shall lead to irrevocable harm to Licensor and, without prejudice to any other right or remedy available to Licensor, shall entitle Licensor to injunctive and other equitable relief.
Certain information users provide to SmartPass about students may be considered an education record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”). Additionally, certain information users provide to SmartPass about a student, such as student name, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A School may not generally disclose personally identifiable information from a student’s records without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA such as the Directory Information exemption (as defined by FERPA).
To the extent you provide information subject to FERPA, you represent, warrant and covenant to SmartPass that you have fully complied with all FERPA requirements including, without limitation, obtaining all necessary written consents to share the information with SmartPass for use by SmartPass to the fullest extent necessary to provide the Services;
Unless permitted by FERPA or an applicable exemption, SmartPass will never share an Education Record with third parties except as directed by a user or to our service providers that are necessary for us to provide the Service. We will also strive to make sure all third parties are consistent with our privacy principles.
The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain clear and verifiable parental consent before collecting personal information from children under 13. SmartPass does not and will not knowingly collect any information from children under the age of 13. To the extent you provide information related to a child under the age of 13, you are solely responsible for complying with COPPA and you represent and warrant that you have fully complied with COPPA by, among other things, receiving the appropriate consent from parents and/or having the requisite authority to provide such information to SmartPass, and for us to collect such information.
LICENSOR DISCLAIMS ALL WARRANTIES ASSOCIATED WITH THE SERVICES OR SITE AND ITS FUNCTION, PERFORMANCE AND USE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WHETHER OR NOT COMMUNICATED TO LICENSOR. IN NO EVENT SHALL THE USER BE ENTITLED TO DAMAGES THAT EXCEED THE AMOUNT ACTUALLY PAID BY THE USER TO THE LICENSOR PURSUANT TO THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE USER ACKNOWLEDGES THAT THE PROPER FUNCTIONING OF THE SERVICES AND THE SITE DEPEND UPON MANY FACTORS BEYOND THE CONTROL OF LICENSOR.
This Agreement and use of the website and App shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to the conflict of laws provisions thereof, unless a state's laws explicitly require that any legal disputes are governed by the laws of that state. Any dispute associated herewith shall be resolved solely in the federal or state courts situated in the Eastern District of Pennsylvania, or in a location that is reasonably convenient for you. No class action claim may be brought with respect to this License or the Services and Site.
We may modify these Terms from time to time and such modifications shall immediately take effect upon posting to the Site. If you do not agree with any changes to these Terms, you may stop using the Services. Your continued use of the Site or Services indicates that you have read, understood and agreed to the current version of these Terms.
SmartPass reserves the right in its sole discretion to review, improve, modify, shut down, or discontinue, temporarily or permanently, the Services or Site.