Emote General Terms of Use

Welcome to Emote! Like many hosted service providers, the name of our company is also the name of our suite of product and service solutions. In these Terms of Use we refer to our student care management software platform and service suite as “Emote” and to the Emote Education Inc. entity as “Company” or “we.”

These Terms of Use govern your access to and use of http://www.emotenow.com (the “Company Site”), including any content, functionality and services offered to guests on or through the Company Site. The Company Site is intended for a general audience. Although we may permit educators to access the Emote software platform through links provided on the Company Site, access to and use of Emote is governed by separate agreements with customers and authorized Emote users, including our Privacy Policy and our Additional Terms of Use for Schools.

Acceptance of the Terms of Use

Please read these Terms of Use carefully before you start to use the Company Site. By using the Company Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated into these Terms of Use by reference. If you do not want to agree to these Terms of Use, including Privacy Policy, you must not access or use the Company Site.

The Company Site is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using the Company Site, you represent that meet these eligibility requirements. If you do not meet these requirements, you must not access or use the Company Site.

Accessing the Company Site

To access the Company Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Company Site that all the information you provide on the Company Site is correct, current and complete. You agree that all information you provide to register with the Company Site or otherwise, including but not limited to through the use of any interactive features on the Company Site.

Intellectual Property Rights

The Company Site and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Company Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our the Company Site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Company Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Company Site or any services or materials available through the Company Site. No right, title or interest in or to the Company Site or any content on the Company Site is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Company Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Emote name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Company or its licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on the Company Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Company Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Company Site:

In any way that violates any applicable federal, state, local or international law or regulation (including without limitation any laws regarding the export of data or software).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including without limitation by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Company Site, or which, as determined by us, may harm Company or users of the Company Site or expose them to liability.

Additionally, you agree not to:

Use the Company Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Company Site, including their ability to engage in real time activities through the Company Site.
Use any robot, spider or other automatic device, process or means to access the Company Site for any purpose, including monitoring or copying any of the material on the Company Site.
Use any manual process to monitor or copy any of the material on the Company Site or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Company Site.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Company Site, the server on which the Company Site is stored, or any server, computer or database connected to the Company Site.
Attack the Company Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Company Site.

Reliance on Information Posted

The information presented on or through the Company Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Company Site, or by anyone who may be informed of any of its contents.

The Company Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Company Site

We may update the content on the Company Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Company Site may be out of date at any given time, and we are under no obligation to update such material.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Company Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Information About You and Your Visits to the Company Site

All information we collect on the Company Site is subject to our Privacy Policy. By using the Company Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Company Site and Social Media Features

You may link to pages on the Company Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.

The Company Site may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Company Site.
Send emails or other communications with certain content, or links to certain content, on the Company Site.
Cause limited portions of content on the Company Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not cause the Company Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, or otherwise take any action with respect to the materials on the Company Site that is inconsistent with any other provision of these Terms of Use.

Links from the Company Site

If the Company Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Company Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

YOUR USE OF THE COMPANY SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE COMPANY SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE COMPANY SITE. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE COMPANY SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPANY SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Company, its licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Company Site.

Governing Law and Jurisdiction

All matters relating to the Company Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Company Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, together with the Privacy Policy, constitutes the sole and entire agreement between you and the Company with respect to the Company Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Company Site.

Your Comments and Concerns

If you have questions or concerns regarding these Terms of Use, please contact our Support Team at support@emotenow.com.

Last modified April 15, 2016.

Emote Additional Terms of Use for Schools

At Emote Education Inc., we have created and operate a student care management platform and associated services. Like many hosted service providers, the name of our company is also the name of our suite of product and service solutions. We know it can get confusing, so we refer to our platform and services as “Emote” in this Policy, and will refer to the Emote Education Inc. entity as “Company” or “we.” In a similar vein, although prepared in close consultation with legal counsel, we have tried to avoid too much “legalese” in an effort to make this Policy, as well as our Privacy Policy, more accessible to the schools, teachers and parents we are proud to call our customers and users.

Your use of Emote is subject to this Acceptable Use Policy.

You will need a user name and password (sometimes called “credentials”) to access and use Emote, but to get that far, either you, or the school or school district you work with or where your child is enrolled, will need to have requested an account from us for you. (To keep things a bit simpler, we refer to schools and districts together in this Policy as “schools.”) You and your school must provide us with accurate and complete registration information about you, and must update it from time to time as necessary.
You will not attempt to obtain an account fraudulently (for example, by providing fake contact information).
You will not take any actions intended to compromise the security of Emote.
You will not attempt to alter, disable, interfere or work-around any aspect of Emote’s features or technology.
Once you do have a legitimate account, you must not share your login credentials with others or take other actions that jeopardize the security of your account.
You promise to only use Emote for your internal, non-commercial, educational use and only in a manner that complies with all laws and school policies that apply to you and/or your school (including FERPA, as discussed further in our Privacy Policy). If your use of Emote is prohibited by law or local policies, then you are not authorized to use Emote. If you are unsure whether use of Emote would comply with applicable laws and local policies, you should consult with your school or district before you enter, upload or access any data.
Emote is protected by copyright and other intellectual property laws and is owned by the Company. By granting you access rights, you are acquiring a limited license to use Emote for its intended, non-commercial, educational purposes. You may not copy all or portions of Emote.
Anything you enter or otherwise provide through Emote is your “User Submission.” Either you or your school (depending on your school’s policies) own your User Submissions. Since we do not own them, by using Emote, you are granting us a royalty-free (i.e., we don’t need to pay you) license to use your User Submissions – subject of course to our Privacy Policy. If your account is through a school, you should be aware that your User Submissions may be viewable by others within your school, although we will of course work with our customer schools upon request to assign appropriate permissions among users.
You promise that you will NOT enter or otherwise provide through Emote any data, content or materials that you don’t own or have appropriate rights to use, or anything that is unlawful or defamatory.

Last modified: April 15, 2016

Effective: November 15, 2015