Last Updated: December 12, 2018
Welcome to Better Parent!
Better Parent’s mission is to solution of choice for parents who want to be an active participant in their children’s growth. To accomplish this goal, it’s essential that Better Parent is a place that families are in complete control over how that information is shared.
This Terms of Service governs your use of our websites at Better Parent, and the Better Parent Application (collectively “the Better Parent Service”, “the Service” or “Better Parent”). By creating an account on Better Parent, you agree to be bound by our Terms of Service (our “Terms”). If you don’t agree, please don’t use Better Parent. These Terms include a Binding Arbitration clause. Please read below to see how you can opt-out if you so choose.
OUR PRIVACY PROMISES Protecting your privacy is fundamental to our mission and business. The following summarize our promises to you.
We never sell your data or student data.
We never advertise in Better Parent.
We don’t own the content you add to Better Parent.
We are transparent about our practices and will notify you if things change.
As a parent, you will only be able to access Classroom Content entries of you child.
CONSENT TO RECEIVE PUSH NOTIFICATIONS Family members can receive push notifications about new and updated Classroom Content or messages in Better Parent. You can cancel at any time by using the app settings. For questions about SMS notifications, email firstname.lastname@example.org.
YOUR INTELLECTUAL PROPERTY We don’t own the content you put in Google Classroom.
However, in order to provide our Services, we need certain limited rights to your Classroom Content. For example, when you upload your content, we need the rights to store it and serve it back to you. Therefore, you grant Better Parent the right to use, publish, transmit, display, copy, process, adapt, modify, and distribute your content only how you specify and only within the context of the Better Parent service.
Better Parent reserves the right, but has no obligation, to delete content posted on our Services if we receive a valid takedown notice or if your content violates any of our Prohibited Activities.
Better Parent’S INTELLECTUAL PROPERTY Better Parent is protected by copyright, trademark, and other intellectual property laws. Better Parent Learning, Inc. and its licensors grant you a limited, non-exclusive, non-transferable license to view, copy, and display Better Parent solely in connection with your permitted use of Better Parent. Any rights not expressly granted here are reserved.
Unauthorized use of Better Parents logos, trademarks, copyrights, domain names, or other distinctive brand features is prohibited.
COPYRIGHT POLICY Better Parent complies with the Digital Millennium Copyright Act. To learn more about how Better Parent responds to allegations of copyright infringement, please review our Copyright Policy.
PROHIBITED ACTIVITIES All users agree that they will refrain from the following prohibited activities when using Better Parent.
Don’t use Better Parent in a manner that violates any applicable laws, regulations, ordinances, or directives.
Don’t use Better Parent in any manner that would be inappropriate for the classroom or violates applicable school or school district policies.
Don’t use Better Parent to lie or mislead other users.
Don’t use Better Parent to distribute unsolicited or unauthorized unsolicited communications, promotions, advertisements or spam.
Don’t use Better Parent to do anything threatening, abusive, harassing, defamatory, tortious, obscene, profane, or invasive of another person’s privacy.
Don’t do anything that interferes with the proper functioning of any software, hardware, or equipment that belongs to Better Parent or anyone else.
Don’t impersonate Better Parent or our users on Better Parent or elsewhere.
Don’t interfere with anyone’s use or enjoyment of Better Parent.
Don’t use personal information about other users, including students, without consent or as forbidden by applicable law or regulation.
Don’t use Better Parent in a way that infringes the intellectual property rights of others.
Don’t crawl, scrape, or use any manual or automated system to copy any public content available within Better Parent.
ACCOUNT SUSPENSION AND TERMINATION Better Parent reserves the right to suspend or terminate accounts associated with users who engage in any of the prohibited activities described above or in any manner that otherwise violates our Terms or other policies. In addition, Better Parent reserves the right to terminate any account at any time for any reason without notice to you.
ABANDONED ACCOUNTS Better Parent reserves the right to terminate accounts that have not been accessed by the teacher or school associated with the account for a period of more than one year. Prior to terminating an abandoned account, Better Parent will notify the teacher or school associated with the account by email and provide an opportunity to download an archive copy of the class journal.
SECURITY Better Parent takes protecting your security and privacy seriously and we’ve put a number of measures in place to protect the integrity of your information, including use of highly secure, access-controlled data centers, data encryption in transit and encryption at rest. For more information, please read this article.
In the event of a security breach, we will notify affected account holders within the amount of time required by law so that you can take steps to keep your data safe.
CHANGES TO OUR TERMS Better Parent may modify our Terms from time to time. Better Parent will notify you of any changes to our terms that materially alter your rights or responsibilities by email and by posting a notice to our site. If you as a teacher, parent, or school administrator continue to use Better Parent after you receive such a notice, you agree to be bound by any changes to our Terms.
WARRANTIES AND DISCLAIMERS YOUR USE OF Better Parent IS AT YOUR SOLE RISK. Better Parent AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH Better Parent ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Better Parent, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Better Parent AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Better Parent SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE Better Parent SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT THE Better Parent SERVICE WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
INDEMNITY You agree to indemnify and hold harmless Better Parent from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to: (a) your use or misuse of Better Parent; (b) any violation of the rights of any other person or entity by you, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (c) your breach of any part of our Terms. Better Parent will give you written notice of any such matter; however, any failure or delay by Better Parent to do so does not negate your defense or indemnification obligations or waive Better Parent’s rights to seek payment or defense or indemnification from you. Better Parent 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 Better Parent in our defense of these claims. You will not settle any claim that affects Better Parent or our affiliates without our prior written approval.
LIMITATION OF LIABILITY To the maximum extent permitted by law, Better Parent will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages, even if Better Parent has been advised of the possibility of damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill or other intangible losses relating to or resulting from: (a) your access to, use of, or inability to use Better Parent; (b) any conduct or content of any user or third party on our services; (c) unauthorized access, use, or alterations of your transmissions or content; (d) any information posted on Better Parent; or (e) Better Parent’s decision to publish or remove any information on our service.
In no event shall Better Parent’s total liability to you for all damages, losses, or causes of action arising out of or relating to our Terms exceed: (1) the amounts you paid to access Better Parent during the twelve (12) months immediately preceding the date of your claim, or (2) one thousand U.S. dollars, whichever is lesser.
The limitations of liability set forth in this section will survive any termination or expiration of our Terms, and will apply even if any limited remedy specified in our Terms is found to have failed of its essential purpose.
LAW GOVERNING LEGAL DISPUTES The laws of the State of Georgia govern this agreement, as well as any dispute, claim, or controversy that may arise between you and Better Parent, without to conflicts of law provisions.
INFORMAL DISPUTE RESOLUTION We want to address your concerns without needing a formal legal case. Before filing a claim against Better Parent, you agree to try to resolve the Dispute informally by contacting email@example.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Better Parent may bring a formal proceeding.
WE BOTH AGREE TO ARBITRATE You and Better Parent agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
OPT-OUT OF AGREEMENT TO ARBITRATE You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Better Parent will pay all arbitration fees for claims less than $75,000. Better Parent will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or we may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Better Parent products or Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
NO CLASS ACTIONS You may only resolve Disputes with Better Parent on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
FEEDBACK We welcome your feedback and suggestions about Better Parent. Please email us at email@example.com at any time.
ENTIRE AGREEMENT These Terms (and any other policies we refer to in this document) make up the entire agreement between you and Better Parent Learning, Inc., and supersede any prior agreement. If any part of these Terms are found to be unenforceable by a court or arbitrator, the remaining parts will remain in full force and effect. If Better Parent fails to enforce any part of these Terms, such a failure does not constitute a waiver.
CONTACT INFORMATION Better Parent firstname.lastname@example.org