BUS KIDS SAFE TERMS OF SERVICE
Last Updated: February 10, 2020
ACCEPTANCE OF TERMS
DESCRIPTION OF THE WEBSITE & MOBILE APP SERVICES OFFERED
The mobile app is an information app which has the following functionality:
- “Real time GPS tracking of a child’s or student’s school bus or transportation vehicle.”
- Drop off and pick up times and address locations of a child.
- A child’s transportation vehicle location to the accepted parent or guardian of the child.
Any and all visitors to our website and mobile app and mobile app shall be deemed as “users” of the information contained herein for the purpose of this TOU.
The user acknowledges and agrees that the Services provided and made available through our website and mobile app are the sole property of Bus Kids Safe. At its discretion, Bus Kids Safe may offer additional website and mobile app Services and/or products, or update, modify or revise any of its current content and Services, and this Agreement shall apply to any and all additional, modified or revised Services, unless other stipulated. Bus Kids Safe does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user, acknowledge, accept and agree that Bus Kids Safe shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services or products. Your continued use of the Services provided shall constitute your acceptance of such updates, changes and modifications. Should you not agree to the updated, revised or modified terms, you must immediately stop using the provided Services.
Furthermore, the user understands, acknowledges and accepts that the Services offered be provided “AS IS” and as such Bus Kids Safe shall not assume any responsibility or obligation for the timeliness, missed stops or delivery, incorrect routes, incorrect vehicles, delays in the transmission of data, deletion and/or failure to provide accurate information and/or user settings or communications.
In addition, the user acknowledges and agrees that with regard to appropriate circumstances and at its sole discretion, Bus Kids Safe may disable or terminate the service or accounts of any user who repeatedly violates our TOU and/or infringes upon the rights of others or uses the Service for any illegal or unlawful purpose.
All users herein agree to hold Bus Kids Safe, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but not limited to, reasonable attorney fees made by any third party, which may arise from any content a user of our site may access, view, utilize or in connection with our Services.
COMMERCIAL USE OF OUR SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, nor exploit for any commercial reason any part, use of, or access to Bus Kids Safe sites, including, but not limited to the mobile application and website called “Bus Kids Safe”.
You do hereby acknowledge and agree that Bus Kids Safe and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Bus Kids Safe, or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Bus Kids Safe Services in whole or in part.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- a) THE USE OF BUS KIDS SAFE SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. BUS KIDS SAFE, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- b) BUS KIDS SAFE, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) BUS KIDS SAFE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) BUS KIDS SAFE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF BUS KIDS SAFE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION, OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND; (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF BUS KIDS SAF SERVICES AND SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND, AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER, AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
- d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM BUS KIDS SAF OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BUS KIDS SAF, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES, WHICH MAY BE RELATED TO THE LOSS OF WAGES, PROFITS, GOODWILL, USE, DATA, AND/OR INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR AND RESULT FROM:
- a) THE USE OR INABILITY TO USE OUR SERVICE
- b) THE COST OF PROCURING SUBSTITUTE SERVICES
- c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSION OF DATA
- d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY TO OUR SERVICE
- e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE
You herein acknowledge, understand and agree that all of the Bus Kids Safe trademarks, copyright, trade name, service marks and other Bus Kids Safe logos and any brand features and/or product and service names, including “Bus Kids Safe” are trademarks, and as such are and shall remain the property of Bus Kids Safe. You herein agree not to display and/or use in any manner the Bus Kids Safe logo or marks.
This TOU constitutes the entire agreement between you and Bus Kids Safe and shall govern the use of our Services, superseding any prior version of this TOU between you and us with respect to Bus Kids Safe Services. You may be subject to additional terms and conditions that may apply to you when you use or purchase certain other services of Bus Kids Safe, including the full service mobile application of “Bus Kids Safe”.
CHOICE OF LAW
It is at the mutual agreement of both you and Bus Kids Safe with regard to the TOU that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes, arising out of or relating to the TOU or the relationship between you and Bus Kids Safe, shall be filed within the courts having jurisdiction within the Country of the United States, Texas or the U.S. District Court located in said state. You and Bus Kids Safe agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Bus Kids Safe fail to exercise or enforce any right or provision of the TOU, such failure shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
Please report any and all violations of this TOU to Bus Kids Safe as follows:
Bus Kids Safe
Attn: Bus Kids Safe Support
11801 Domain Blvd 3rd Floor
Austin, Texas 78758