Midway Terms of Use

Effective as of 8/20/2019

Welcome to the Terms of Use agreement. For purposes of this Agreement, “Service” refers to the extension, which can be downloaded from the Chrome Web Store. Through these services, users can, where available, know the current period’s end time, find out about absent teachers, access the school’s bulletin board, and more. The terms “we,” “us,” and “our” refer to the “Developer”. “You” refers to you, as a user of our Service. “Child User” refers to children under 13 in the United States or the legal age in the user’s jurisdiction. “Non-Child User” refers to the group of users who are not a “Child User”

The following Terms of Use apply when you view or use the Service.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.

Privacy Policy

The Developer respects the privacy of its Service users. Please refer to the Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

The Service

The Service allows you to know the current period’s end time, find out about absent teachers, access the school’s bulletin board, and more.

Registration for “Non-Child Users”

You need to be at least 13 years old and a resident of the United States to register for and use the Service.

If you are a user who signs up for the Service, you will create a personalized account to access the Service and to receive messages from the Service. You agree to notify us immediately of any unauthorized use of your password and/or account. The Developer will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

Registration for “Child Users”

If you are a “Child User,” you may not create an account for the Service without the consent and approval from your legal parent or guardian, or from your school.

To constitute consent from a school, you the Child User may only use the Service if School Personnel have entered into a relationship with the Service and has obtained legal parent or guardian consent.

School Use

If you are a user registered as an administrator or similar school personnel (“School Personnel”) acting on behalf of a school, school district, or similar edcuational institution, then you must comply with the following:

• Limitations on use. You may only use this Service in compliance with all applicable rules, laws, and regulations.
• Responsibility for Consent. You and the Institution are solely responsible for obtaining any necessary consent from legal parents or guardians, and for providing appropriate discolsures regarding the users’ use of the Service, Privacy Policy, and Terms of Use. You agree to be bound by these Terms on behalf of the Child User. If you are School Personnel and create an account for a Child User or you direct a Child User to create an account for school use, you represent that you have received consent from the Child Users’ parents or guardians or that you or your Institution have complied with necessary requirements to be exempt from parental consent requirements.

In addition, you agree that you:

• agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education’s implementing regulations at 34 CFR Part 99 (collectively, “FERPA”), and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution.
• assume sole responsibility (and agree that the Developer is not responsible for) for providing appropriate notices and disclosures to students using the Service for school use and their parents regarding the use of the Service, the Terms of Use, and the Privacy Policy, including any notices required by the Children’s Online Privacy Protection Act (“COPPA”), FERPA, or other applicable privacy law.
• assume sole responsibility (and agree that the Developer is not responsible for) for obtaining consent required from parents or guardians, to the extent required by law, in connection with the Service. You represent to the Service that you have, before creating or directing the creation of accounts, you have either obtained all required parent or guardian consent, or have complied with all requirements to be exempt from parental consent requirements.

If a parent or guardian rescinds this consent, School Personnel must immediately notify the Developer to discontinue the relevant accounts. Under no circumstances will the Developer be liable for the School Personnel’s failure to consult school authorities or to obtain consent when required.

Use Restrictions

Your permission to use the Service is conditioned upon the following use, posting and conduct restrictions: You agree that you will not under any circumstances:

• collect or harvest any personal data of any user of the Service
• use the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
• distribute any part or parts of the Service without our explicit written permission;
• use the Service for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• use another user’s account without permission;
• intentionally allow another user to access your account;
• provide false or inaccurate information when registering an account;
• interfere or attempt to interfere with the proper functioning of the Service;
• make any automated use of the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any measures we take to restrict access to the Service;
• circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
• publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

Posting And Conduct Restrictions

When you create your own personalized account, you may be able to provide Absent teacher data, School information and activities, School announcements, Schedule information, and more (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.

You agree that we are only acting as a passive conduit for the online distribution and publication of your User Content. The Developer, however, reserves the right to remove any User Content from the Service at its sole discretion.

We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.

By transmitting and submitting any User Content while using the Service, you agree as follows: · You are solely responsible for your account and the activity that occurs while signed in to or while using your account; · You will not post information that is malicious, libelous, false or inaccurate; · You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; · You retain all ownership rights in your User Content but you are required to grant the following rights to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Service, you grant to the Service a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use; · You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and · You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Service is not responsible for any public display or misuse of your User Content.

The Service does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.

Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Service, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Developer shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us.

Links To Other Sites And/Or Materials

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Applications, Software or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Service and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

License Grant

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Developer a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

Email May Not Be Used To Provide Notice

Communications made through the Service’s email and messaging system will not constitute legal notice to the the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

User Consent To Receive Communications In Electronic Form

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Service. You may opt out of such email via the unsubscribe button in the email. Opting out may prevent you from receiving messages regarding the Service.

Warranty Disclaimer

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Limitation Of Damages

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Modification Of Terms Of Use

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

Miscellaneous

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Developer must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

At any point, we reserve the right to discontinue our Service without any compensation or warning.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

You acknowledge that you have read these Terms of Use, understand the Terms of Use, and will be bound by these Terms and Conditions. You further acknowledge that these Terms of Use together with the Privacy Policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.