Circool LLC (“Circool, “Us” or “We”) owns and operates the Circool website (“Website”) and the Circool mobile and Web platform (together, with the Website, “Services”) that enable public schools to manage and facilitate school related events. By accessing the Services and Website, you agree to abide by these Terms of Service and our Privacy Policy (collectively, the “Terms of Use”). Your use of the Services is subject to all terms and policies posted on this site Subject to these Terms of Use and your payment of any relevant fees. You represent that you are 18 years of age or older, are lawfully able to enter into contracts and agree to be bound by these Terms of Service.  If you have any questions concerning these Terms of Use, please contact us.

Use of the Services

You may only use the Services as described on our Website and in any applicable documentation or application as agreed upon by Circool. Any breach of these Terms of Use or the Circool Privacy Policy by you or your agents will constitute a breach by you. Except as expressly agreed to by Circool, you will not (and will not allow any third party to): (i) permit any third party to access and use the Services; (ii) decompile, disassemble, or reverse engineer the Services, except to the extent expressly authorized under the law; (iii) use the Services or any of our confidential information to develop a competing product or service; or (iv) provide, lease, lend, use for timesharing or service bureau purposes or otherwise use or allow others to use the Services for the benefit of any third party.

To the extent that the Service may provide you with an opportunity to upload material (“Uploads”), be advised that Circool has no obligation to screen, edit, or review such uploads prior to their appearance on the Service, and Uploads do not necessarily reflect the views of Circool.  In no event shall Circool have any liability or responsibility for the Uploads or (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use or loss and/or appearance on the Service.  Circool reserves the right to monitor the Uploads and to remove anything which it considers in its absolute discretion to be offensive, ineffective or otherwise in breach of the Terms of Use or for any other reason as Circool deems necessary.

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You may not use the Services to:

(a) Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;

(b) Upload, post, e-mail or otherwise transmit any content that is harmful or objectionable to minors in any way;

(c) Impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with a person or entity;

(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;

(e) Upload, post, e-mail or otherwise transmit any content that you do not have the right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(g) Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;

(h) Disparage the products or services of any company or individual;

(i) Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language or solicit/post sexually explicit images;

(j) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or

(k) Intentionally or unintentionally violate any applicable local, state, Federal or international law or regulation.

 

Proprietary Rights and Trademark Notices.

The entire content of the Services and any supporting software or platforms are the proprietary property of Circool and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of the Service without the express written consent of Circool is strictly prohibited. You have no rights to transfer or reproduce the Services or prepare any derivative works with respect to, or disclose confidential information pertaining to, the Services. Under no circumstances will you be deemed to receive title to any portion of any Services, title to which at all times will vest exclusively in us and our licensors. Services are not a “work made for hire“ agreement, as that term is defined in Section 101 of Title 17 of the United States Code (“the Copyright Act“). You will preserve all Services from any liens, encumbrances, and claims of any individual or entity. You will not use any of our information or data to contest the validity of any of our intellectual property or our licensors. Any such use of our information and data will constitute a material, non-curable breach of these Terms of Use and related agreements. 

 

Unless otherwise indicated, trademarks that appear in these Services are trademarks of Circool or its affiliates. All other trademarks not owned by Circool or its affiliates that appear in the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Circool and its affiliates.  You agree not to display, disparage, dilute, or taint our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademark by you shall be to the benefit of Circool.

 

Links to and from Other Websites

You may have linked to the Service from a third-party website and the Service may provide links to other third-party websites.  Linked sites are not under the control of Circool, and Circool is not responsible for the content of any linked site.  A link does not imply that Circool endorses, sponsors, or is affiliated with the linked site.  Your use of third party websites is at your own risk and subject to the terms and conditions of use for such sites.  These Terms of Use do not apply to other websites. 

 

Feedback

You may provide us with suggestions, comments or other feedback (collectively, “Feedback“) with respect to our products and services, including the Services. Feedback is voluntary and we are not required to hold it in confidence. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant us an irrevocable, non-exclusive, perpetual, royalty-free license to use the Feedback in connection with our business, products, and services, including the enhancement of the Services.

Privacy

Circool privacy policies, which govern the manner in which we collect, use, disclose and establish our online privacy policies and practices, are located here.

Your Warranties

You represent and warrant that (i) you have full power, capacity, and authority to agree to these Terms of Use; (ii) your use of the Services will be in compliance with all applicable local, state, and federal laws and regulations; and (iii) the information you have provided us for purposes of creating your account is true and correct and that you will promptly notify us of any changes.

Indemnification

You agree to indemnify Circool and hold it and its subsidiaries, affiliates, officers, licensors, contractors, directors, employees, and agents harmless from any and all claims, actions, proceedings, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) made against Circool by any third party arising out of your use of the Service, your breach of any representation, warranty or obligation, your violation of these Terms of Use, or your violation of any rights of another user.

Suspension of Services and Removal of Customer Data

We may, at our sole discretion, suspend your access to the Services or remove any Content for any of the following reasons: (i) to prevent damages to, or degradation of, the Services; (ii) to comply with any law, regulation, court order, or other governmental request; and (iii) to otherwise protect us from potential legal liability. We will restore access to the Services as soon as the event giving rise to suspension has been resolved. This Section will not be construed as imposing any obligation or duty on us to monitor use of the Services.

 

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS“ AND “AS-AVAILABLE,“ WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. CIRCOOL AND ITS VENDORS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF SERVICES, IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CIRCOOL OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF CIRCOOL’S OBLIGATIONS HEREUNDER. THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT CIRCOOL AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE CONTENT, WEB SITES, COMPUTERS, OR NETWORKS. WE WILL NOT BE RESPONSIBLE FOR THOSE ACTIVITIES.

Limitation of Liability and Damages

NEITHER CIRCOOL NOR ITS VENDORS AND LICENSORS WILL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXAMPLARY DAMAGES, DAMAGES FOR THE LOSS OF PROFITS, GOODWILL, USE OF DATA OR BUSINESS, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CIRCOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE LOSS OF DATA AND/OR THE USE OR INABILITY TO USE THE SERVICE; (II) THE COST OF PROCURING SUBSTITUTE SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCTS OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. THE TOTAL LIABILITY OF CIRCOOL AND ITS VENDORS AND LICENSORS TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE SERVICES IN CONNECTION WITH ANY CLAIM OR TYPE OF DAMAGE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED THE TOTAL FEES YOU PAID, IF ANY, DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE EXPRESS WARRANTIES PROVIDED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.

Termination

Circool reserves the right at any time to discontinue, temporarily or permanently, the Service or any part thereof or terminate any user’s access to the Service or any part thereof.  We may also modify, delete or adapt the Service at any time without any notice or obligation to the user at Circool’s sole discretion. Your right to use and otherwise access the Service is automatically terminated if you violated the Terms of Use. You agree that Circool will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, or any part thereof. Upon termination for any reason, you must cease all access to the Service.  All provisions of the Terms of Use as to limitation and disclaimer of warranty, limitation of liability, Circool’s ownership rights and your representations and indemnities shall survive termination.

 

After  your account is terminated, Circool may retain messaging data or other data for auditing purposes, or as required by law.

 

Circool Registration

As a condition to using Services, you may be required to register with Circool by providing a valid email address and password along with your name, date of birth, mobile number and current address. You will provide Circool with accurate, complete, and updated registration information. You may not:

• select or use the name or email of another person with the intent to impersonate that person; or

• use a name subject to any rights of any person other than you without appropriate authorization.

Circool reserves the right to refuse registration of, or to cancel a Circool account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to any other persons. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. Circool reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

 

Consent to receive administrative messages

As part of the Services, Users will receive communications through the Services, including messages that Circool sends (for example, via SMS, emails, and push notifications). When a school administrator invites Users to a new school event, that User will receive a welcome message via SMS text message, email, and/or push notifications based on their profile.  Circool may also send other administrative messages. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM CIRCOOL AS WELL AS OTHER CIRCOOL USERS, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND CIRCOOL. You agree to indemnify and hold Circool harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

To cease receiving SMS text messages, please reply STOP to the last SMS text message you received from Circool or update the notification settings from your Profile after logging in to your Circool account.

To cease receiving email messages, please update the notification settings from your Profile after logging in to your Circool account.

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Governing Law, Venue, and Limitation of Actions

These Terms of Use and your relationship with Circool will be construed according to, and the rights of the parties will be governed by, the laws of the State of Georgia, without reference to its conflict of laws rules. Any action at law or in equity arising out of or directly or indirectly relating to these may be instituted only in the Federal or state courts located in Atlanta, Georgia. You consent and submit to the personal jurisdiction of those courts for the purposes of any action related to the Services and these Terms of Use, and to extra-territorial service of process. The failure of Circool to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use 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 Terms of Use shall remain in full force and effect. No action, regardless of form, arising out of the Services or these Terms of Use, may be brought by either party more than one (1) year after the cause of action has arisen. 

 

These Terms of Use constitute the entire agreement between you and Circool, govern your use of the Service, and supersede any agreements between you and Circool concerning the Service. You may also be subject to additional terms and conditions that apply when you use affiliated services, third party content or third party software.

 

Digital Millennium Copyright Act Compliance

If you have any copyright concerns about any materials posted on the Service by others, please let Circool know. We comply with the provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512).  Unless otherwise stated in any specific DMCA designation provided by Circool, please provide us with written notice (“Notice”) by contacting our designated agent at the following address:

 

DMCA Designated Agent, Circool

1500 1st Ave N

Birmingham, AL 35203

Email: info@circool.com

 

To be effective, the notice must include the following:

 

• A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;

• Information reasonably sufficient to permit Circool to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address;

• Identification of the allegedly infringing material on the Service (“Infringing Material”), and information reasonably sufficient to permit Circool to locate such material on the Service;

• Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works on the Service are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which infringed Material);

• A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Violations

 

Please report any violations of these Terms of Use by contacting us at info@circool.com.