Please read this Agreement carefully before agreeing to register your organization to be supported by an App or downloading and using an App. Once registered, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access an App, the Admin Manager CMS or use any services or products provided by GatewaySchoolApps.com, GatewayApps.com, and iOS Maui, LLC. If these terms and conditions are considered an offer by GatewaySchoolApps.com, GatewayApps.com, and iOS Maui, LLC, acceptance is expressly limited to these terms.
- Your App If you register to have information for your organization made available through an App, you are responsible for maintaining the security the login information for any of your authorized admin personnel for the Admin Manager CMS and information distributed through the App related to your organization, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the App. IOS Maui, LLC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.2. Responsibility of Contributors
You are entirely responsible for the content of, and any harm resulting from, the Content of your App organization account. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or links. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Content, including but not limited to any links, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content does not contain unethical or unwanted commercial content; the Content does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your organizations use of an App is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods.
By submitting Content by email instructions or via the Admin Manager CMS for inclusion, you grant IOS Maui, LLC and IOS Maui, LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Apps. Without limiting any of those representations or warranties, IOS Maui, LLC has the right (though not the obligation) to, our sole discretion (i) refuse or remove any content that, in IOS Maui, LLC’s reasonable opinion, violates any of our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of an App to any individual or entity for any reason, in IOS Maui, LLC, LLC’s sole discretion. Should you not give us content to fulfill your App, we will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal
Once registered, you will receive an invoice for the initial setup fee and/or first year service fee for your organization via email to the email address you provide. Payments will be due 15 days from the date of the invoice. Pricing is determined by what is published on our website and the options you indicate at the time you submit the App Enrollment form. Automatic Renewal. Unless you notify us by May 1st preceding the new term that you want to cancel your App, your agreement will automatically renew and we will send you an invoice at the then current pricing.
Subsequent year pricing that is advertised on our website is only an estimate of the expected annual costs to continue service and is only guaranteed by a separately executed multi-year agreement.
4. Technical Support
We make every effort to provide support via email for the content and usage of all Apps. “Email support” means the ability to make requests for technical support assistance or content changes by email at any time (with reasonable efforts by IOS Maui, LLC to respond within one business day) concerning the use and contents of an App.
5. Content Posted on Other Websites
Apps may hyperlink to information made available through other websites and webpages. IOS Maui, LLC does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage in a App does not represent or imply that IOS Maui, LLC endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. IOS Maui, LLC disclaims any responsibility for any harm resulting from your use of links to websites and webpages.
Unless you notify IOS Maui, LLC via email or in writing or select the sponsorship “opt-out” option in the App Enrollment Application, you expressly authorize IOS Maui, LLC to solicit sponsors and to collect payments from sponsors to offset the costs of your app. Sponsors may be referred to as sponsors in marketing material and on our website. Sponsors agree to pay iOS Maui, LLC for the benefit of placing a listing in an App for a pre-determined period of time. Sponsors accept and agree to these terms and conditions when signing up for a App sponsorship.
IOS Maui, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website or an App following the posting of any changes to this Agreement constitutes acceptance of those changes. IOS Maui, LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
If you wish to terminate this Agreement or your organization’s App, you may simply notify us in writing. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties
The Website and Apps are provided “as is”. IOS Maui, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither IOS Maui, LLC nor its suppliers and licensors, makes any warranty that Apps will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through an App at your own discretion and risk.
10. Limitation of Liability
In no event will IOS Maui, LLC or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to IOS Maui, LLC or IOS Maui, LLC under this agreement during the twelve (12) month period prior to the cause of action. IOS Maui, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty
You agree to indemnify and hold harmless iOS Maui, LLC, their contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of an App or the Admin Manager CMS, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between IOS Maui, LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of iOS Maui, LLC, or by the posting by IOS Maui, LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of an App and the Admin Manager CMS will be governed by the laws of the state of Hawaii, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Maui, Hawaii. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Maui, Hawaii, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; IOS Maui, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.