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TERMS OF SERVICE

MobileArq Terms of Service

Welcome! Thank you for using Mackay Elementary School Mobile Directory, a web portal for Mackay Elementary School from MobileArq ("LocalArq," "we," or "us") doing business as LocalArq Inc.

MobileArq provides an online interface and software platform that enables you to manage your school communication online. By using the https://mackayparents.mobilearq.com/ website ("Service" or "Site"), a service of MobileArq, you are agreeing to be bound to the following terms and conditions ("Terms").

Updating the Terms. MobileArq reserves the right to update and change the Terms from time to time, and will always give notice of important changes. Any new features that enhance the current Service, including the release of new tools and resources, shall also be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can always review the most current version of the Terms at any time at: https://mackayparents.mobilearq.com//terms.

Violation of the Terms. If you violate any of the terms described below, MobileArq must unfortunately terminate your account. You also understand and agree that MobileArq cannot be responsible for anything you see posted on the Service, and that you nonetheless may be exposed to materials that violate these Terms. You agree to use the Service at your own risk.

Accessing Mackay Elementary School Mobile Directory

  • You must be at least 13 to use the Site unless you are being supervised by your parents or guardian. If you are under 18, you may only use the site with the consent of a guardian.
  • We'll do our best to be up 24/7 but are not responsible in the event of an outage.
  • MobileArq will do its best to bring the site back up in the event of an outage or account suspension, or if you can't access your content.

 

General Access to the Service

Who can use MobileArq. You certify to MobileArq that you are a Mackay Elementary School member, a human (i.e., not a "bot"), and that you are (a) of legal age to form a binding contract with MobileArq AND (b) not barred from receiving the Service under the laws of the United States or other countries including the country in which you are a resident or from which you use the Service. If you are under 18 years old, you may use the Site only with the consent of a parent or legal guardian. If you are under 13 years old, you may only use the Site with the consent and constant supervision of a parent or legal guardian. If you are under 13 years old and not under the constant supervision of a parent or legal guardian, then please do not use the Site. You certify that you are legally permitted to use the Service and access the Site, and you or your parent or legal guardian take full responsibility for the selection and use of the Service and access of the Site.

Illegal content. MobileArq makes no claim that the Site may be lawfully viewed or that content may be downloaded inside or outside of the United States. Access to any content on the Site may not be legal by certain persons or in certain countries, and you may find some of it questionable or offensive. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

Service outages. MobileArq will use reasonable efforts to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by MobileArq to minimize such disruption where it is within MobileArq's reasonable control. You agree that neither MobileArq nor the Site will be liable in any event to you or any other party for any suspension, modification, discontinuance, or lack of availability of the Site, Service, or your user content or other content.

Content on MobileArq

  • We own our website, you own your content.
  • The content you contribute may not infringe on the property rights or copyrights of others.
  • The content you contribute must not be obscene, hateful, or intended to offend most people who view it.
  • The content you contribute must not be malicious or cause actual damage (i.e., a virus).
  • If you submit a suggestion, any feedback, or a bug report to us, it becomes the sole property of MobileArq.

 

Site Content

MobileArq own's all non-user-generated content. The Site and its contents are intended solely for the use of Mackay Elementary School users and may only be used in accordance with the Terms. All materials displayed or performed on the Site, other than content developed or posted by you, the user ("User Content") including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, audio and video, and animations ("MobileArq Content") are the property of MobileArq and/or any applicable third parties and are protected by United States and international copyright laws.
Users own all user-generated content. As between you (the user) and MobileArq, you own and retain sole and exclusive right, title, and interest in and to all of your User Content. The types of user-generated content that you own these rights to include, and are not limited to, the parent, class and event information, profile information, and other information you post to the Site. Feedback you submit to MobileArq is expressly excluded from this list, and is discussed below. You are responsible for any activity that occurs under your account (even when the User Content is posted by others who are signed in under your account), and all content posted on the Service must comply with U.S. copyright law. Again, we claim no intellectual property rights over the material you provide to the Service and your profile and any data uploaded or posted remain yours. However, in the event that you make any of this information publically available, you agree to allow other users to view and share your User Content.

Content must not infringe rights or violate U.S. law. You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates, or otherwise interferes with any copyright or trademark of another party; (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to post it; (c) infringes any intellectual property right of another or on the privacy or publicity rights of another; (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive, or otherwise violates any law or right of any third party; (e) contains a virus, trojan horse, worm, time bomb, or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information; or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this paragraph.

User-submitted feedback. Any comments, suggestions, or feedback relating to the Service (collectively "Feedback") submitted to MobileArq shall become the property of MobileArq or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including — without limitation — product, Site, or advertising ideas) and we will not incur any liability as a result of any similarities that may appear in our future Site, Service, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback.  You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

MobileArq Accounts

  • You must give us a valid name and email address to use MobileArq.
  • All passwords and private data is encrypted, but don't give out your password!
  • Tell us immediately if you suspect your password was compromised.
  • If someone hacks your password, we are not responsible.

 

Registration, Accounts, and Security

Accurate registration information. As a condition to using the Service, you will be required to register with MobileArq and select a username and password. You shall provide MobileArq with accurate, complete, and updated registration information, including your name and e-mail address. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account.

Password security. We will encrypt all passwords and other confidential information you store with MobileArq. However, you shall be responsible for maintaining the confidentiality of your MobileArq password. You are solely responsible for any use of, or action taken under, your account and password and accept full responsibility for all activity conducted through your account. You agree to and hereby release the Site and MobileArq from any and all liability concerning such activity. You also agree to notify MobileArq immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. We will take reasonable security precautions when using the Internet, telephone, or other means to transport date or other communications, but expressly disclaim any and all liability for the access of any such data communications by unauthorized persons or entities.

Payment Terms

  • Depending on the individual parent organization, users are provided access to the 2016-17 Mackay Elementary School Directory after they have paid the 2016-17 PTA/O/HSA dues.

Account Termination

  • If the user is no longer member of the Mackay Elementary School schools, then their account is immediately cancelled and the user will no longer access the account
  • If user commits a breach of the agreement, then, Mackay Elementary School will terminate their right to access and use the Mackay Elementary School directory..
  • Account termination is immediate following departure from the school or violation of the agreement

Termination
Termination. MobileArq, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for violation of these Terms, or for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all User Content in your account.  MobileArq reserves the right to refuse service to anyone for any reason at any time. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to MobileArq.

Effect of  termination. All of your User Content will be immediately deleted from the Service upon termination.  This information can not be recovered once your account is terminated.

Intellectual Property Rights

Unless otherwise noted, all Content contained on this Website is the property of MobileArq and/or its affiliates or licensors (such as the applicable PTG), and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners. We do not claim ownership of Content submitted by users without compensation by MobileArq and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, You agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content, subject to the terms of our Privacy Policy. This license shall remain in effect until we delete the Content from our systems. We will remove any Directory from our Services at the written request of the applicable PTG. In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.

Warranties

  • We're not liable for anything you find on the site. However, we'll do our best to remove bad users and content. You can't hold us responsible if some things slip through the cracks.
  • We're not responsible for any loss of data or any damages at all that you may suffer.
  • Our site may have some bugs or downtime, and although we will work tirelessly to fix them, you agree to use the site despite them.

 

Warranty Disclaimer

No liability for User Content. MobileArq has no special relationship with or fiduciary duty to you. You acknowledge that MobileArq has no control over, and no duty to take any action regarding: (a) which users gain access to the Site; (b) which User Content you access via the Site; (c) what effects the User Content may have on you; (d) how you may interpret or use the User and MobileArq Content; or (e) what actions you may take as a result of having been exposed to the User Content. Much of the User Content on the Site is provided by and is the responsibility of the user who posted that content. MobileArq does not monitor the User Content of the Site and takes no responsibility for such content. You release MobileArq from all liability for your having acquired or not acquired User Content through the Site.  Moreover, the Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. MobileArq makes no representations concerning any content contained in or accessed through the Site, and MobileArq will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site.

Specific disclaimers. MobileArq does NOT warrant that (a) the Service will meet your specific requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Service will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; and (e) any errors in the Service will be corrected.

Specific limitations on liability. You expressly understand and agree that MobileArq shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if MobileArq has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; or (e) any other matter relating to the Service.

 

Indemnification

  • You agree to hold MobileArq and its personnel blameless in any lawsuit.

 

Indemnification

Your indemnification of MobileArq. You will indemnify and hold MobileArq, its members, managers, officers, directors, and employees (the "MobileArq Indemnified Parties") harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Services, your violation of these Terms, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Privacy Terms

  • Our privacy terms are located in our Privacy Policy.

 

Privacy Policy

Privacy Policy. Please review our Privacy Policy, located at https://mackayparents.mobilearq.com//privacy.html which governs the use of personal information on the Site and to which you agree to be bound as a user of the Site.

Other Provisions

  • Just because we may not exercise a right here doesn't mean we waive it.
  • If any provision is found to be not legally binding, the rest of the Terms shall hold true.
  • These Terms override any previous Terms.

 

Miscellaneous Provisions

Waiver, severability, and merger. The failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain enforceable and in full force and effect. The Terms constitute the entire agreement between you and MobileArq and govern your use of the Service, superceding any prior agreements between you and MobileArq (including, but not limited to, any prior versions of these Terms or policies).