1. YOUR AGREEMENT
These Terms govern your use of SDM. Please read them carefully. They impose legal obligations on you. By using SDM's services or accessing our Site, you are acknowledging that you have read and understood the Terms and agree to be legally bound by them.
2. DISCLAIMER/RELEASE OF LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF SDM IS AT YOUR SOLE RISK. NEITHER SDM NOR HORIZON MARKETING GROUP, INC., OR ANY HORIZON MARKETING GROUP, INC. AFFILIATES, SUBSIDIARIES, OFFICERS, AGENTS OR EMPLOYEES (hereinafter collectively referred to as "SDM/HMG") WARRANT THAT SDM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SDM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH SDM.
SDM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. SDM DOES NOT WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON OR PROVIDED BY SDM. SDM DOES NOT WARRANT THAT IT IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
SDM TAKES REASONABLE MEASURES TO ENSURE THAT PERSONALLY IDENTIFIABLE INFORMATION OF PARENTS AND THEIR CHILDREN IS NOT DISCLOSED, EXCEPT TO EDUCATIONAL PROFESSIONALS, SO THAT THEY MAY USE SDM. SDM CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY PARENTS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. PARENTS AGREE NOT TO HOLD SDM/HMG LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH SDM.
SDM/HMG SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE SDM. IN NO EVENT SHALL SDM/HMG BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE SDM. IN CONSIDERATION FOR USING SDM, I AGREE TO WAIVE RELEASE AND DISCHARGE SDM/HMG FROM ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO LIABILITY FOR DEATH, DISABILITY, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THE NEGLIGENCE, ACTIONS OR INACTIONS OF SDM/HMG.
IF AT ANY TIME, YOU SUSPECT OR ARE CONCERNED THAT:
- SDM is not working properly;
- You do not understand how to use SDM and/or are not sure you have transmitted or received the proper information;
- For Parents: Information regarding your child's dismissal information has not been properly transmitted to the school;
- For Educational Professionals: The dismissal report generated by SDM does not appear to be consistent with what you have typically seen and/or may have errors;
IT IS YOUR RESPONSIBILITY TO CONFIRM THE CORRECT PICK UP INFORMATION WITH THE PARENTS/SCHOOL AS THE CASE MAY BE.
3. CODE OF CONDUCT
As a condition to your use of SDM, 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 for accessing SDM, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify SDM of any unauthorized use of your password or account or any other breach of security. Should you authorize any third party to use your account, you hereby agree to supervise all usage thereof.
- Agree to provide accurate, timely and complete information to us in connection with your use of SDM. SDM is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. "Your Information" is defined as any information you provide to us through SDM. You are solely responsible for your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
As a condition to your use of SDM, you will not:
- Use SDM in a manner that could disable, overburden, or impair SDM or interfere with any other party's use and enjoyment of SDM.
- Seek to obtain access to any materials or information through "hacking" or through other means we have not intentionally made available to you through SDM.
- Access SDM using a username/password that was improperly obtained and/or which you are not authorized to use.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- Transmit materials through SDM that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
4. REVOCATION OR SUSPENSION OF USE PRIVILEGES
We reserve the right at any time to terminate or suspend your use of SDM if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
5. POLICY TOWARDS CHILDREN
In accordance with the Children's Online Privacy Protection Act of 1998 (COPPA), we are committed to protecting the privacy of children. You should be aware that SDM is not intended or designed to attract or be used by children under the age of 18. SDM is intended for people 18 or older. SDM will not knowingly collect any information from children under 13. Parents, please monitor your children's use of the Internet, and do not share your SDM username/password with them to ensure that they do not intentionally or accidentally use SDM.
6. INTELLECTUAL PROPERTY RIGHTS
The information and content of SDM, including but not limited to: software, artwork, text, video, audio, copy, graphics, images, logos and other information, other than content provided by schools and advertisers, is owned by Horizon Marketing Group, Inc. and is protected by copyright and other intellectual property laws under both United States and foreign laws. Any use of the information and the content on SDM not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to Horizon Marketing Group, Inc.
7. LINKS TO THIRD-PARTY SITES
You agree to defend, indemnify, and hold SDM/Horizon Marketing Group, Inc., its affiliates, officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
9.MODIFICATIONS TO SDM
SDM/Horizon Marketing Group, Inc. reserves the right in its sole discretion to review, improve, modify, shut down, or discontinue, temporarily or permanently, SDM or any content or information on SDM. SDM/Horizon Marketing Group, Inc. will advise you by notice on the SDM login screen no fewer than fourteen (14) days in advance if it intends to shut down SDM for more than 24 hours and/or discontinue SDM, either temporarily or permanently. You agree that SDM/Horizon Marketing Group, Inc. shall not be liable to you or any third party for any modification or discontinuance of SDM.
- These Terms shall continue to survive even after you no longer continue to use SDM.
- SDM/Horizon Marketing Group, Inc. may assign its rights and obligations pursuant to these Terms without prior notice to or consent from you. You, however, may not assign your rights or obligations pursuant to these Terms.
- 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.
- These Terms are governed by the laws of the State of Florida without respect to its conflict of laws principals. You expressly agree that exclusive jurisdiction for any dispute with SDM/Horizon Marketing Group, Inc., or in any way relating to your use of SDM, resides in the courts of Pinellas County in the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Pinellas County in the State of Florida in connection with any such dispute including any claim involving SDM/Horizon Marketing Group, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors or agents.
- 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.
11. COMPLETE AGREEMENT
We reserve the right to change this privacy statement at any time. If our privacy statement changes, we will post the revised privacy statement on our website. If you have questions about this statement or need additional information regarding our privacy practices, please contact firstname.lastname@example.org.
The Information We Collect and How It Is Used
We collect information about you when you use School Dismissal Manager, including, in the case of the parents using the service: first and last name, children's first and last name, parent email address, name of school, dismissal time, name of person picking-up, means of going home and any other information provided by your school to SDM. For instance, your school will provide us with your child's grade level and teacher or division. We do not, at any time or under any condition, collect, maintain, use, or share student personal information beyond that needed for authorized educational/school purposes, or as authorized by the parent/student.
We may also collect general non-identifying information about you, including but not limited to demographic and geographic information of our users and schools. Although we do not share any personally identifiable information (name, address, email address) with third parties, we may share general non-identifying information with third parties which comply with our policies. An example might be that we would indicate to our sponsors/advertisers that we have "X number of elementary schools in the State of Connecticut, representing X number of households, using School Dismissal Manager."
School Dismissal Manager may also place advertisements on any screen within the web site or any related media, except where expressly prohibited by request. We collect information on who clicks on these advertisements, the school they are affiliated with and the time/date the advertisement was clicked. At no time do we create or use behavioral targeted advertisements. Although we collect parent use information, we do not provide any personally identifiable information to third parties, including advertisers. Student data is NOT provided to third parties. We may, however, tell an advertiser the number of times their advertisement was clicked on within a certain time period. We DO NOT advertise to students.
We use the information you provide us to provide the School Dismissal Manager services only. Specifically, we will communicate the information you provide to us regarding your child's dismissal information to their school.
From time to time, we may use the information provided by schools to contact school staff via e-mail and/or possible electronic surveys to determine whether school staff is happy with our provided services.
By accepting use of School Dismissal Manager's services, you expressly understand and agree that School Dismissal Manager may provide information about your child(ren) to both parents of the child(ren) (and/or legal guardians of the child(ren) as the case may be), regardless of the relationship or custody arrangements between the parents and School Dismissal Manager/Horizon Marketing Group, Inc. expressly disclaims disclosure of information to such sources.
Editing, Updating, Correcting and Deleting Your Information
We support access by allowing review and correction of all student personal information. To edit, update or correct student, parent or school information, simply login to SDM, go to "Preferences", and update your information. If you need additional support, please contact your school or email email@example.com. Please note that any requests to remove or update your personal information through our email support will be verified by the school and may take up to ten days. All personal information is purged within one year of account inactivity and is not retained for longer than necessary to deliver services or for school purposes.
We take special care to protect the safety and privacy of children. We do not knowingly permit anyone under the age of 13 to use School Dismissal Manager. We also do not send email correspondence to anyone who tells us that they are under the age of 13 without their parent's consent. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the web.
We take reasonable precautions, including use of sophisticated encryption and authentication tools, to protect the security of your personal information that you share with us. Our servers that hold your information are located behind a firewall in a secure hosting facility that is protected round the clock by on-site security. All servers are in a secure area with limited access. In addition to physical limitations all servers require a complex username and password to gain access to any function. All servers utilize the Windows 2016 platform and use Microsoft's Internet Information Server (IIS) software. Microsoft servers offer the most robust security model of any server operating system on the market today. All administrative passwords are mixed characters and symbols, and are changed regularly to ensure the highest level of protection. Windows 2016 provides a secure file system (NTFS) that allows administrators to restrict access to server directories. Our application utilizes Secure Sockets Layer (SSL) encryption for all transfers of data between our servers and your compter or mobile device. Unfortunately, despite these security measures, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our website, and you do so at your own risk. Therefore, we cannot be and are not responsible for unauthorized access to your information that is the result of hackers or others who have obtained access through illegal measures, hardware or software failures, acts of God or any other factors that compromise the security of the data we collect. We urge you to keep your password in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit to ensure that others cannot access your account.
Links to Third Party Sites
If you have questions about this statement or need additional information regarding our privacy practices, please email firstname.lastname@example.org.