transParentSee Terms & Policies
Terms of Service
IMPORTANT—IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON'T HAVE PERMISSION TO USE transParentSee. ALWAYS GET AN ADULT'S PERMISSION BEFORE GOING ONLINE.
PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY transParentSee. THIS IS A BINDING AGREEMENT BETWEEN YOU AND transParentSee. BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THE SERVICES.
Terms of Use
The following are the terms of service (“Terms of Service”) that define the relationship between transParentSee© and the user (teacher, parent, and student).
PLEASE NOTE THAT THESE TERMS CONTAIN A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION SECTION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE SERVICES.
transParentSee© Terms of Service
Agreeing to our Terms
By agreeing to our terms, you are also agreeing to the transParentSee© Privacy Policy and any posted guidelines, policies or rules applicable to specific features of the Service. These Terms of Service, Terms, including any other Guidelines and future modifications, regulate your use of the Service and is a legal contract between you and transParentSee©. By registering for an account on the transParentSee© Service, you acknowledge that you have read and agree to all Terms and Privacy Policies. If you are using the Service on behalf of an institution that has a separate written agreement with transParentSee©, that agreement supersedes your use of the Service.
A student cannot register as a user as the legal guardian will register the student and therefore agreeing to the terms on your behalf
If you do not agree with our terms and conditions, you must not accept this agreement and you may not use our service.
In short,
By using or signing up for transParentSee©, you agree to these terms. If you are under the age of 18, your legal guardian or parent will agree to the Agreement for you. Welcome to transParentSee©!
Using the Service
The Service should only be used for educational purposes to provide completely safe, secure, and transparent electronic communication between parents, students, and school staff.
Access to and use of the Service itself is free for students and parents of the participating School Districts. Please also be aware that while our mobile for students and parents is free of charge, your carrier’s normal rates and fees still apply, such as text messaging and data fees.
Changes to the Service
We are constantly changing and improving our Services. We may add, remove, or modify features and capabilities, and we may suspend or stop a Service immediately, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we’ll be sorry to see you go. We may also add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice.
You agree that your permission to use the Service is contingent upon you following all the restrictions explained in the “transParentSee© Technology” and “Acceptable Use and Conduct” sections.
In short,
You can use transParentSee©, as long as you follow the rules in these terms.
transParentSee© Technology
The Service and the transParentSee© Technology are intended solely for School Based Electronic Communication of our Users and may only be used in accordance with this Agreement.
transParentSee© Technology is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any copyright property rights in our Service or the transParentSee© Technology. You agree that, as between you and transParentSee©, all the intellectual property rights in the transParentSee© Service and transParentSee© Technology, which does not include User Content (as defined below), are owned by transParentSee© or its licensors. These terms do not grant you the right to use any transParentSee© Marks.
In short,
Use of our Service does not give you any ownership rights to our intellectual property.
Your Information and Content
License
User Content
In order to allow transParentSee© to provide the Service, you hereby grant to us a limited, non-exclusive, sublicensable (as necessary to perform the Service, including distributing Activities, and providing the Premium Features), worldwide, royalty-free, and transferable (only to a successor) right and license to:
use, host, copy, store, distribute, publicly perform and display, publish (in whole or in part), modify, and create derivative works (such as changes we make so that your content works better with our Service) such User Content as necessary to (a) provide, improve and make the Service available to you and other Users including through any future media in which the Service may be distributed;
use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including, for use in improving our service or in marketing and business development purposes);
use, modify, prepare derivative works, publish, distribute and sublicense Feedback without any compensation to you;
use any User Content (including any Student Data or Education Record) that has been de-identified for any product development, research or other lawful purpose subject to the DPA; and
use for other purposes permitted by the DPA and the transParentSee© Privacy Policy.
Company will only share and use your personal information in accordance with transParentSee’s© current Privacy Policy as in our Privacy Policy at the end of the terms and conditions.
License Termination
The license will terminate when your Participating Institution deletes any User Content, personally identifiable information, or your account.
Note, however, that any User Content that may be in an Education Record or Student Data (including User Content in or related to messages sent through transParentSee© Messaging may be kept after you delete your account for school legal compliance reasons (e.g. maintenance of “education records” under the Family Educational Rights and Privacy Act (FERPA)). Please see the section entitled “Deleting your Account” in our Privacy Policy and our deletion FAQs for more information. When you delete IP Content, Student Data, Education Records, or personal information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not be available to others).
Your Responsibilities and transParentSee© Rights
You acknowledge that all content accessed by you using the Service will be monitored by a parent or legal guardian and you are solely responsible for any damage or loss to any party resulting therefrom.
In short,
Our use of any personal information you submit is also subject to our Privacy Policy. You are responsible for making sure that you have all the rights in any information or content you submit through transParentSee© and are aware that all content will be monitored by the student user’s parent or guardian.
Privacy and Security
Please read our Privacy Policy which explains how we obtain personal information and protect your privacy when you use our Service and for more information on the administrative, technical and physical safeguards we maintain to protect against unauthorized use, disclosure of or access to personal information. Please see our Privacy Policy for a description of the procedures 1) by which a student, parent or legal guardian of a student may review, access or delete the personal information of a student; and 2) by which the Institution may access and delete Education Records.
In addition, please read the DPA, which is an agreement between us and your school, and describes the duties and responsibilities to protect Student Data transmitted to transParentSee©. By using our Service, you agree that transParentSee© can use such data in accordance with our Privacy Policy. We won’t reduce your rights under the Privacy Policy without your explicit consent.
In short,
In addition to these terms, please read our Privacy Policy, and the Data Privacy Addendum provided to your school to understand what we can and cannot do with the personal information you provide to us.
Additional Terms by User Type
1) Students: if you are a student accessing the Service after your parent has successfully registered you and linked you to the participating school and staff, the following terms apply to you.
(a) Registration and Account Creation: Only students who have been registered by their parent/legal guardian may use the Service. You may not access or use the Service unless you are registered for this Service by a parent/legal guardian who is authorized to give you access to the Service who must create your student account on the Service and connect you to your teachers/staff members.
(b) Information Provided to transParentSee©: We only request student name, email address and Student ID number from the parent/legal guardian on behalf of the student so the teacher/staff member may differentiate if students have the same/similar names.
In Short,
Students: if you want a transParentSee© account, your account must be set up by your parent/legal guardian.
We collect minimal information from the parent/legal guardian for their child in order to create a transParentSee© student account to provide them with the transParentSee© service.
2) School Personnel: If you are a School Personnel accessing the Service on behalf of a school, school district, or other similar educational institution (the "Institution"), the following terms apply to you:
(a) Permissions and Authority: You agree that you are acting on behalf of your Participating Institution to enter into this Agreement and to register and use the Service as part of your curriculum. Only School Personnel who are current employees of the Participating Institution may use the Service on the Institution's behalf. The School Personnel is responsible for obtaining any necessary approvals from their school's authorities and administrators before using the Service. Upon termination of a School Personnel or other staff member's employment with the Institution, the staff member must discontinue us of all login details and student access he or she has in his or her possession. If at any time you learn a User of the Service claims to be affiliated with your Institution who is not affiliated with your Institution, you will notify transParentSee© immediately at contact@transparentsee.info
(b) Students under 13: You further understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personal information from children under 13 years of age without Consent, although all of our students user’s must have consent as they may only be registered by their parent/legal guardian we still must remind you of this restriction.
(c) School Code: Each Participating Institution will be given a School Code. This code will be given to all Staff members that will be using the transParentSee© Service and every registered staff member will have to agree to the terms. The participating Staff members will use this code to register with transParentSee© and will be given a unique teacher code. This code will be given only to the participating parents/legal guardian of the students and they will register them.
(d) Teacher Code: Each teacher will have a unique teacher code upon registration with transParentSee© and this code will be distributed to only the parent/legal guardian of the students in order to register on their behalf. Parents with a transParentSee© account will give Consent for their child to have a Student Account (as defined below) on transParentSee©. It is your responsibility to ensure that your Teacher Code is only given to the Parent/Legal Guardian as the safeguard requires all parents to receives all information sent to and from their child. You are agreeing to never give a student your teacher code as every student is required to be registered by their parent/legal guardian. If you do not follow these guidelines your access to transParentSee© may be suspended or even terminated.
All User Content sent to or from the student will be directly accessed in real time to the student’s parent/legal guardian.
In Short,
Only Staff members of participating institutions are allowed to use transParentSee© and all activity will be monitored in real time by each student’s parent/legal guardian.
3) Parents: if you are a parent of a student and have been invited by your child’s School Personnel to create a parent account on the Service (registering your child to his/her teacher with a unique teacher code) then the following terms apply to you:
(a) Your Consent. If your child is under the age of 13, Consent must be given in order for you to create the student account. This Consent may be given by registering your child on their behalf and connecting then to their teachers with their unique teacher code. Only parents/legal guardians have the ability to add/delete teachers to student’s accounts.
(b) Text, SMS and Other Messaging: transParentSee©’s unique feature gives the parent/legal guardian to receive real time notifications of any communication between their registered child and corresponding teacher/staff member; this will be done in the form of a push notification from the app alerting the parent a message has been sent and a detail of the content.
(ii) Creating Your Child’s Account. Once you have registered with transParentSee© you will be able to register all children that will have access to transParentSee© with their Participating Institution. To create your child’s student account, we will first require your Consent. In order to comply with COPPA and similar laws in other applicable jurisdictions, which govern the online collection of data from children, transParentSee© may take additional steps to verify that the user granting permission for the creation of a child’s student account is his or her parent or legal guardian. The current ways in which we seek to verify are set forth in our FAQ. As part of the process of creating your child’s student account, we will link the information given by your child’s teacher (such as your child’s name and student ID) to your child’s student account and you will not need to provide any additional registration information for your child. Additionally, instead of creating a password for your child’s account, your child will receive an email with a temporary password they will use to login to transParentSee© for the first time.
Once your child has a student account they will be able to communicate electronically and receive reminders from the Teachers you have connected them with using the unique teacher codes. You are responsible for monitoring all communication between your child/children and their teachers as you will receive real time notification of their messages. If any inappropriate messages are sent or received report them immediately to School Administration or local authorities.
In short,
Parents: You are the only ones who will be able to create a student account for your child and it is your responsibility to monitor what content is being sent to and from your child’s teachers.
FERPA
transParentSee© understands that it is important that our partner schools comply with the Family Education Rights and Privacy Act ("FERPA") and related regulations. Certain information that may be provided to transParentSee© by School Personnel that is directly related to a student and maintained by an Institution, may be considered an education record (“Education Record”) under FERPA. Additionally, certain information, provided to Company by School Personnel about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. Please see our DPA for more information regarding FERPA, transParentSee©’s commitments to help Institution’s comply with FERPA, and Institution’s obligations with respect to FERPA. transParentSee© is not in a position to provide legal advice regarding whether the school's existing FERPA disclosures are sufficient. To the extent that School Personnel have questions regarding these issues, they should consult the school's own legal counsel for more information.
In Short,
FERPA gives parents and students certain rights over their education records. FERPA requires schools to not share PII in education records without either meeting an exemption or obtaining parental permission. So, if a teacher provides student information to transParentSee©, the school must either meet an exemption or obtain the appropriate permission in advance. Please see our DPA for more information regarding FERPA, transParentSee©’s commitments to help Institution’s comply with FERPA, and Institution’s obligations with respect to FERPA.
Modification to Agreement
We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We’ll post notice of modifications to this Agreement on this page or elsewhere in the Services and/or as required by law. Changes will only become effective when you use the Service after you know about the change, or thirty days after they are posted, but, changes to existing or new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, acknowledges your acceptance of our updated terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.
In Short,
If these terms of use change, we will notify you, and give you a chance to suspend your service with us if you do not agree to them.
Your Representations and Warranty
You warrant, represent and agree that you will not provide any User Content or otherwise use the Service in a manner that violates our copyright or intellectual property rights, violates any international, federal, state or local law, statute, ordinance or regulation or which would render Company in violation of any applicable laws or regulations, including without limitation, COPPA, state student privacy laws, and FERPA (the “Laws”); is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or jeopardizes the security of your account or the Service in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses.
In Short,
You agree not to post content that harms others or violates anyone’s rights.
Acceptable Use and Conduct
You will only use the Service as permitted by law.
You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.
You will not use the Service to violate a person’s right to privacy or publicity or otherwise collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of any Law.
You will not bully, intimidate, or harass any User or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy.
You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
You will not use the Service in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Service, including any User Content, that violate child pornography laws or that otherwise violates any child sexual exploitation laws. transParentSee© absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any of your user registration information, to law enforcement, including the National Center for Missing and Exploited Children.
You will comply at all times with the Community Guidelines.
You will not facilitate or encourage any violations of this Agreement or our policies, including, without, limitation, to facilitate the unlawful distribution of copyrighted content.
Any violation of the above may be grounds for termination of your right to access or use the Service.
In Short,
You agree not to misuse transParentSee©’s services.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
DISCLAIMER OF WARRANTIES. THE SERVICE (AND ANY ASSOCIATED PRODUCTS, PREMIUM FEATURES, CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER CONTENT, transParentSee© TECHNOLOGY OR SOFTWARE AND ANY OTHER CONTENT (“COLLECTIVELY THE “transParentSee© OFFERINGS” ) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, transParentSee© (AND ITS PARENT, SUCCESSORS, AFFILIATES, SUBSIDIARIES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS (“transParentSee© PARTIES”) EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE transParentSee© OFFERINGS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
IN PARTICULAR, transParentSee© AND THE transParentSee© PARTIES MAKES NO REPRESENTATION OR WARRANTY THAT THE transParentSee© OFFERINGS (1) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, (2) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER.
ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM transParentSee© SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
LIMITATION OF LIABILITY. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL transParentSee© OR THE transParentSee© PARTIES , BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF transParentSee© HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE transParentSee© OFFERINGS; OR (iii) ANY INTERACTION WITH ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE transParentSee© OFFERINGS, INCLUDING OTHER USERS.
IN NO EVENT WILL transParentSee© OR THE transParentSee© PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO COMPANY FOR USE OF THE transParentSee© OFFERINGS IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, transParentSee©’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
In Short,
transParentSee© is provided “as-is.” We’re not liable to you for indirect, or special damages if something goes wrong. Additionally, we set a cap of our liability to you for any direct damages that you may incur as a result of using our Services to be the greater of the amount of fees you have paid to us for your use of the Service in the 12 months prior to the claim or $100.
Registration and Security
As a condition to using our Service, you may be required to register with Company and select a password and username or provide additional contact information. Parents/Legal Guardians are the only ones authorized to register anyone enrolled in the participating Institution. You will not provide any false information or create an account for anyone other than yourself without permission transParentSee© reserves the right to refuse registration or to cancel a transParentSee© ID or Student Login in its discretion.
You shall be responsible for maintaining the confidentiality of your login credentials, transParentSee©, Student Login, password or school/teacher code and will not share with anyone or let anyone else access your Account Credentials or account. School staff is not allowed to share their teacher code with any students and it must only be disclosed to the parent/legal guardian as parental monitoring is the essential function and purpose of transParentSee©. You may not transfer your Account Credentials or account to anyone without express prior written consent of Company. Company will not be liable for any direct or indirect loss that you may incur as a result of someone else using your Account Credentials, either with or without your knowledge or for a failure to comply with this Section. However, you may be held liable for losses incurred by transParentSee© or another party due to someone else using your Account Credentials.
You expressly agree to immediately notify transParentSee© of any unauthorized use of your account or any other breach of security of your Account Credentials, account or a child's personal information, and ensure that you properly logout from your account at the end of each session.
You represent, warrant and covenant that all Account Credential information you submit is truthful and accurate, and you will never share you teacher code with any students or register any student that your are not legally bound to and that you have obtained any and all necessary rights, permissions, or consents to access, setup, monitor, use or disclose any data from such accounts of other Users.
In Short,
You should keep your username, password and any other login credentials secret and never share any teacher codes with students under any circumstances!
Indemnity
You agree, to the extent permissible by your state’s laws, to indemnify, hold harmless and defend Company and the transParentSee© Parties from and against all damages, losses, demands, liabilities, judgments, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third-party relating to or arising out of (i) your access to, use, or misuse of the Service or Premium Features, (ii) your breach of alleged breach of this Agreement, (iii) your failure to comply with applicable Laws (including any failure to obtain or provide any necessary consent), (iv) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (v) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users.
transParentSee© reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of transParentSee©. transParentSee© will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
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If someone brings a claim against us related to your content or use of the Service, violation of another’s rights, or a breach of this Agreement, you promise to pay for the cost of legal expenses and any loss or damages we incur.
Copyright Protection
It is transParentSee©’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA“). For more information, please go to transParentSee©’s DMCA Notification Guidelines. transParentSee© may remove any allegedly infringing content without any liability to you. transParentSee© will promptly terminate without notice any User’s access to the Service where the User is a “repeat infringer” of copyrights. transParentSee©, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User.
In Short,
We respect copyright. If you see any violations, please see our DMCA Notification Guidelines.
User Interactions and Release
User Disputes: transParentSee© is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.
In Short,
There are many people who use transParentSee©. Although we expect every user to follow our guidelines, we are not responsible for their actions. We’ll enforce our acceptable use and other guidelines, but we won’t get involved in, nor are we responsible for any disputes you may have with other users of transParentSee©.
Term and Termination
This Agreement shall remain in full force and effect while you use the Service unless your account is terminated as provided in this Agreement (“Term”). Certain Users (e.g., parents and School Personnel) may terminate their use of the Service or your account at any time by contacting us at tranparentseeinfo@gmail.com provided, however, that an Institution may require satisfaction of certain requirements before School Personnel can terminate their account. As a parent, since you created your child’s account you will be the only one who can terminate your child’s account by answering unique security questions. Please see our FAQ for what information is deleted when you terminate or delete your account.
You agree that, if you knowingly, intentionally or negligently violate this Agreement, transParentSee© may suspend your license to the Services, in whole or in part, until the violation has stopped or terminate your license and use of the Services. In the event that you fail to correct the violation after reasonable notice from transParentSee©, transParentSee© may terminate your license and use of the Services and this Agreement. You agree and if such termination or suspension occurs, transParentSee© shall bear no responsibility or liability for any damages or claims resulting from or in connection with such actions, including the loss of information associated with your account.
In Short,
There is no obligation to use our Service, and you can stop using your account, or delete it completely, at any time. We can do that for you, too. However, if you are a student your parent is the only one who can delete your account besides us. Additionally, we might suspend or terminate your account if you violate our rules or the law.
Dispute Resolution
a) Generally: In the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any and all disputes arising in connection with these Terms of Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Service. You understand and agree that, by entering into these Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action.
b) Exceptions: Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
c) Arbitration: Any arbitration between you and Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company.
d) Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Company's address for Notice is: Class Twist, Inc., 735 Tehama St, San Francisco, CA 94103, United States of America. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Company in settlement of the dispute prior to the arbitrator’s award.
e) Fees: In the event that you commence arbitration in accordance with these Terms of Service, Company will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f) No Class Actions: you and company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g) Enforceability: if only Subsection F of this Section or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in this Section shall govern any action arising out of or related to these Terms of Service.
In Short,
It is our goal to quickly and efficiently resolve disputes that may arise. For that reason, we require disputes to be submitted to arbitration. If you bring a dispute in arbitration that is $10,000 or less, transParentSee© will pay all the filing fees and make arrangements for non-appearance based proceedings (if you prefer). Additionally, we each waive rights to bring class actions.