TERMS AND CONDITIONS OF USE 

The following Terms govern your use of the Site. Please read the following carefully; by using the Site you are agreeing to abide by the Terms.  If you do not accept any of the Terms, then DO NOT USE THIS SITE.  You can submit a paper application directly to your school district instead.

When used herein the terms below have the following meanings: 

“School District” means Fairmont Private Schools, which operates the educational institution your Student attends or will attend, and the said school or educational institution. 

“Student” means the person for whom you are applying to receive meal benefits.

“We”, “our” or “us” means NIBLLs.

“You” and “your” means the individual accessing the Site and the student for whom an application for meal benefits is being made.

GENERAL

(A) OWNERSHIP OF WEBSITE

The Site is a third party service provided by us for the benefit of your School District. Your School District does not own or operate the Site. 

(B) USE OF THE SITE

The Site is used to facilitate school meals for a Student for whom you are authorized to pay for and request meals.  By using the Site you represent and warrant that you have full authority to act on behalf of the student who will be receiving meals and snacks.  Any access or use of the Site for any other purpose or by any person not authorized to act for a Student is strictly prohibited and may result in criminal prosecution.

This Site may only be used by interactive human users.  Submitting data through any other means, such as scripts, is strictly prohibited and may result in criminal prosecution.

(C) COST OF USE

There is no fee for using the Site to coordinate and pay for meal services.

PRIVACY POLICY

Last Updated: August 4, 2023

NIBLL. (“NIBLL,” “us”, “we” or “our”) respects your rights and preferences regarding data privacy. NIBLL provides K-12 school meal service (our “Customers”) with tools that help them manage their operations, including cafeteria management, payment solutions, and communication with parents and students. Our users include our Customers, parents and guardians that engage with our Customers, as well as, where enabled by a parent or guardian, their students (collectively “Users”).

In this Privacy Notice (“Notice”), we describe how we collect, use, share and dispose of personal information that we collect from Users of our websites, forums and blogs (“Sites”), our mobile applications (“Apps”), and our other products and services including Hubspot, Hubspot Tickets, NIBLL Family Portal, and any other NIBLL service and technology provided through the Family Portal platform (collectively, the “Services”).

This Notice applies to the Services provided by NIBLL on its own behalf or in combination with one of its parents, affiliates, or subsidiaries.

In this Notice, we provide information about:

• PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT

• HOW WE SHARE PERSONAL INFORMATION

• TRANSFERRING PERSONAL INFORMATION GLOBALLY

• HOW WE PROTECT AND DISPOSE OF PERSONAL INFORMATION

• COOKIES AND OTHER TRACKING TECHNOLOGIES

• CHILDREN’S PRIVACY

• YOUR LEGAL RIGHTS

• OTHER INFORMATION

• HOW TO CONTACT US

Please be aware that not all of the information in this Notice will be directly applicable to our handling of your personal information. This Notice provides an overview of the possible circumstances in which we interact with your personal information. If you have any questions about our processing of your personal information, please contact us at fairmont@nibll.com.

PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT

We will only collect, use, and share your personal information where we are satisfied that we have an appropriate legal basis to do so. Subject to your consent if required by law, we may collect the following types of personal information about you as relevant to the Services with which you are engaging:

• Identifiers such as your name or account name and student identification number 

• Contact information including telephone number, email address, or postal address

• Date of birth

• Username and password

• Education Information including your status with the school or partner with which you are affiliated (i.e. parent, staff, administrator)

• Health information including food allergy information

• Your user activity including access and purchase history

• Information about the products and services we provide to you

• Information about your preferences including, if applicable, marketing preferences

• Information collected through your internet-based activity (see “Cookies” for additional information)

• Information you provide in any communication with us including correspondence transcripts and call recordings

• Information you provide when you participate in any blog, community or forum on our Sites

We use your personal information to provide the Services. In providing the Services, we may use your personal information to:

• Create, maintain or provide service for your account

• Process or fulfill requests from you

• Respond to customer service requests from you

• Verify your information

• Process payments

• Undertake activities to maintain the quality, safety or integrity of the Services

• Maintain data security including detecting and responding to security incidents and protecting you, and us, from fraud

• Monitor our Sites, including gathering usage data and other analytic information that enables us to maintain and improve the Services

• Other uses that are required for us to meet our legal, contractual or regulatory requirements

We collect personal information from various sources that we use to provide our Services to you, to analyze and improve our Services, and to communicate with you (e.g., to send you updates or notices about our organization, or emails about products or services that we believe may be of interest to you). The personal information that we collect and the purpose for our collecting such information is as follows:

• Information that you provide to us: We collect personal information that you provide to us when you set up an account with us, use our Services, or communicate with us. For example, if you register for an online account with us, then we may request your name, contact information and payment information. Providing us with personal information about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Services’ features.

• Information collected from third parties: We may collect information about you from third parties in the course of providing our Services to you. For example, we may collect personal information like your name, contact information and enrollment status from the school or business partner for whom we are providing the Services to you.

• Information collected through technology: When you visit our Sites or Apps (or when you use any of our Services) we may collect certain information about your location, usage, computer or device through technology such as cookies (see below for more information on cookies).

Our primary business purpose for processing your personal information is to provide the Services consistent with the contract terms between us and our customer. We may also use your personal information to enable the following additional business purposes: (1) detecting and managing security incidents or fraudulent activity, (2) providing customer service, fulfilling requests, and other functions directly related to the Services, (3) maintaining our software, including debugging and repairing errors, and (4) maintaining the quality of the Services and developing enhancements and improvements to meet our customer needs.

Data anonymization and aggregation. Subject to your consent if required by law, we may anonymize or aggregate your personal information in such a way as to ensure that you are not identified or identifiable from it, in order to use the anonymized or aggregated data. For example, we may use anonymized or aggregated data for statistical analysis including to analyze trends, for product development, and for risk assessments and cost analysis. We may share anonymized or aggregated data with our parents, subsidiaries, affiliates or with other third parties.

This Notice does not restrict NIBLL’s use or sharing of any non-personal, summarized, derived, anonymized or aggregated information.

HOW WE SHARE PERSONAL INFORMATION

For each category of personal information we collect, we may share such information with the following categories of third parties in the manner and for the purposes described:

• With NIBLL affiliates where such disclosure is necessary to provide you with our Services or to manage our business.

• With third-party service providers. For example, we share personal information with IT service providers who help manage our back office systems or administer our Sites and Apps. These third-party service providers have agreed to confidentiality restrictions and have agreed to use any personal information we share with them, or which they collect on our behalf, solely for the purpose of providing the contracted service to us.

• With third parties with whom you have a business relationship. For example, we enable integration of third-party services that relate to the services we provide so you can access their features through our Sites and Apps. When we enable a third-party integration, you will be provided appropriate notices and the opportunity to decide whether you want to share your personal information with the third party under their own terms and applicable notices.

• With our Customer with whom you are also engaging when you use the Services. For example, you may be using a NIBLL Site provided to you through a school website, to engage in a purchase. NIBLL may share the personal information you provide with the school in order to fulfill your request. You may also receive communications from the school. Each NIBLL Customer operates independently from NIBLL and their collection and use of your personal information is not subject to this Notice but to their own privacy notices.

•      With banks and payment providers to authorize and complete card payments.

NIBLL may also disclose personal information about you if it believes such disclosure is necessary to comply with laws or respond to lawful requests and legal process or to protect or defend the rights, safety or property of NIBLL, users of the Services or any person including to enforce our agreements, policies and terms of use.

NIBLL does not sell personal information for monetary compensation.

NIBLL may also disclose personal information about you if it believes such disclosure is necessary to comply with laws or respond to lawful requests and legal process or to protect or defend the rights, safety or property of NIBLL, users of the Services or any person including to enforce our agreements, policies and terms of use.

In addition, subject to applicable legal requirements, we may share personal information in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business assets to another company.

TRANSFERRING PERSONAL INFORMATION GLOBALLY

We operate on a global basis. This means that your personal information may be transferred to and stored outside of the country in which you reside, which may be subject to different standards of data protection than your country of residence.

We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law. If you have questions about whether your personal information is transferred outside of your country or about how we comply with the applicable transfer requirements, you can contact us via email at fairmont@nibll.com.

HOW WE PROTECT AND DISPOSE OF PERSONAL INFORMATION

We take seriously our responsibility to protect the security and privacy of your personal information. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Any suspected attempt to breach our policies and procedures, or to engage in any type of unauthorized action involving our information systems, is regarded as potential criminal activity. Suspected attempts to access or use our systems in a way that is inconsistent with our legal terms or security controls may be reported to the appropriate authorities.

Please remember that communications over the internet such as emails are not secure. We seek to keep secure all confidential information and personal information submitted to us in accordance with our obligations under applicable laws and regulations. However, like all website operators, we cannot guarantee the security of any data transmitted through the internet.

When we no longer need your personal information to provide the Services, it will be securely deleted or de-identified in a manner that ensures you cannot be re-identified.

COOKIES AND OTHER TRACKING TECHNOLOGIES

A “cookie” is a text file that is stored to your browser when you visit a website.

Unique device identifiers like IP address or UDID recognize a visitor’s computer or other device used to access the internet. Unique device identifiers are used alone and in conjunction with cookies and other tracking technologies for the purpose of “remembering” computers or other devices used to access the Sites and Apps.

We may also use other technologies like pixels or tags that allow us to measure responses to our email communications.

Cookies can be classified by duration and by source:

• Duration. The Sites use both “session” and “persistent” cookies. Session cookies are temporary – they terminate when you close your browser or otherwise end your “active” browsing session. Persistent cookies remember you on subsequent visits. Persistent cookies are not deleted when you close your browser, and they will remain on your computer or other device unless you choose to delete them (see below for “How to Delete or Block Cookies”).

• Source. Cookies can be “first-party” or “third-party” cookies, which means that they are either issued by or on behalf of NIBLL or by a third-party operator of another website.

The cookies that we may use on the Sites fall into the following categories:

• Strictly Necessary Cookies. These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions taken by you such as logging in or filling in forms. You can set your browser to block or alert you about these cookies, but blocking them may impede the functionality of the Sites.

• Performance Cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

• Functionality Cookies. These cookies enable the Sites to provide enhanced functionality and personalization. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies then some of these services may not function properly.

How to Delete or Block Cookies

On some Sites, when technically feasible, we will enable tools to help you make choices about cookies. You may also delete or block cookies at any time by changing your browser settings. You can click “Help” in the toolbar of your browser for instruction or review the cookie management guide produced by the Interactive Advertising Bureau available at www.allaboutcookies.org. If you delete or block cookies, some features of the Sites may not function properly.

External Links

NIBLL may provide links on our Sites and Apps to other websites that are not under our control. We do not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered on those websites.

We encourage our users to be aware when they leave our Sites and to read the privacy statements of each and every website that collects personal information. This Notice applies solely to personal information collected by us. You should read any other applicable privacy and cookies notices carefully before accessing and using other websites.

CHILDREN’S PRIVACY

When enabled by a parent or guardian (“Primary User”), we permit the creation and use of accounts for users under the age of 18 (“Student”). We do not allow the creation of Student accounts without consent from the Primary User. At the time a Primary User creates an account for a Student, we will disclose the type of information that will be collected from the Student which may include contact information such as email address and phone number, order information (i.e. lunch orders), and Student preferences (i.e. lunch menu preferences). The Primary User will retain the ability to see the activity in the Student account and may delete the Student account at any time. The Primary User may also delete Student’s personal information and refuse to permit its further collection or use by contacting NIBLL as set forth in the “Contact Us” section in this Notice.

On portions of the Services directed to Students, we do not allow use of cookies or other tracking technologies except for as needed for purposes of supporting our internal operations.

To understand our disclosure practices for personal information we collect, including Student personal information, see the section in this Notice on “How We Share Personal Information.”

The Services are not designed to enable Students to make their personal information publicly available online. Before using the Services, Students should always confirm they have permission from their parent or guardian.

YOUR LEGAL RIGHTS

Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, some users, including residents of the state of California, may have certain rights in relation to their personal information. These rights may include:

CA Resident Rights What does this mean?

Right to know about personal information collected, disclosed, and sold

• You have the right to be provided with clear and easy-to-understand information about how we use your personal information. This is why we are providing you this Notice and we may provide other forms of notice, as appropriate or required by law, in the Sites and Services. You also have the right to access and receive a copy of the personal information we hold about you.

• You also have the right to access and receive a copy of the personal information we hold about you.

Right to opt-out of the sale of personal information

• You may request that we do not sell your personal information to third parties.

Right to request deletion In some circumstances, you have the right to have your personal information erased or deleted.

Right to equal service and prices (“non-discrimination”) Your choice to exercise your privacy rights will not be used as a basis to discriminate against you in services offered or pricing.

OTHER INFORMATION

Changes and Updates. We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Notice, in whole or in part, at any time. When we amend this Notice, we will revise the “last updated” date located at the top of the document. We will also take reasonable steps to ensure you are made aware of any material updates including providing you direct communication about such changes or providing a notification through the Services, as appropriate. If you provide personal information to us or access or use the Services after this Notice has been changed, we will assume you have read and understood those changes. The most current version of this Notice will be available on the Sites and Apps and will supersede all previous versions of this Notice.

Choice of Law. This Notice, including all revisions and amendments thereto, is governed by the laws of the United States, State of California, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.

Arbitration. Except where prohibited by applicable law, by using the Services, you agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against NIBLL and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “NIBLL Entities”) arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Atlanta, Georgia; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Notice and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services; (5) the arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable NIBLL Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any NIBLL Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any NIBLL Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, NIBLL agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, NIBLL will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor NIBLL shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

CONTACT US

If you have questions about this Notice, or if you want to exercise your rights as described in this Notice, you may submit a request by completing this form. or may contact NIBLL as follows:

NIBLL 

2321 Filbert Street

Oakland, CA, 94607

fairmont@nibll.com

We can also be reached by telephone at +1 714-844-1675.

If you designate an authorized agent to make a rights request on your behalf, we request that you notify us of such designation by contacting us using the methods listed above.

We are collecting and storing your non-public, personal and identifying information (“Personal Information”) on this Site.  We will transmit your Personal Information electronically to your School District using secure channels.  Any Personal Information that you submit is accessible to your School District for the purpose of determining your eligibility and processing your application for benefits, and to us for the purpose of operating and maintaining this Site.  Our communication of Personal Information with your School District is governed by our agreements with your School District.  You authorize us to communicate with your School District and to provide them with your Personal Information.  Personal Information is not displayed, sold, or used in any other way.  We will not sell, rent, lease or in any other way share your Personal Information with any other party unless ordered to do so by a court of law. We will use commercially reasonable means to protect the integrity of the Site and the confidentiality of the Personal Information; however, while we consider online security a priority, we cannot provide absolute assurances against, and will not be liable for, any breaches of confidentiality due to system failures or unauthorized access by third parties.  By submitting Personal Information to the Site, you agree to this risk and release us from any damages you may incur from such breaches.

You may be asked when you submit your application for meal benefits if your School District can share your Personal Information with other entities.  We have no responsibility for the use, care or custody of Personal Information obtained from the Site by the School District.

NON-DISCRIMINATION 

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.  

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: 

https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:  

mail:        U.S. Department of Agriculture 

                 Office of the Assistant Secretary for Civil Rights

                 1400 Independence Avenue, SW 

                 Washington, D.C. 20250-9410 

fax:          (833) 256-1665 or (202) 690-7442; or 

email:      program.intake@usda.gov

This institution is an equal opportunity provider. 

Your School District may request that we gather certain optional demographic information from you including ethnicity and gender. Optional information is not used for determining meal benefits.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

(A) THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTY AND DISCLAIM LIABILITY (1) THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES, TECHNICAL MALFUNCTIONS OR OTHER DEFECTS OR HARMFUL COMPONENTS, (2) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SITE, (3) WITH REGARD TO ANY GOODS OR SERVICES OFFERED BY OR PURCHASED FROM YOUR STUDENT’S SCHOOL DISTRICT OR (4) AS TO THE COMPLETENESS, TIMELINESS OR ACCURACY OF ANY OF THE DATA AND/OR PROGRAMS AVAILABLE AT, COMMUNICATED BY OR TO, AND TRANSMITTED BY, THIS SITE. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE INFORMATION IS PROVIDED, RECORDED AND TRANSMITTED  “AS IS”. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INFORMATION OR WARRANTY PROVIDED TO YOU BY YOUR STUDENT’S SCHOOL DISTRICT, FOR ANY ACTIONS OR OMISSIONS OF YOUR STUDENT’S SCHOOL DISTRICT, OR FOR ANY CHANGES IN OR DISCONTINUANCES OF THE SERVICES PROVIDED BY YOUR STUDENT’S SCHOOL DISTRICT.

(B) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY OF ANY KIND INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SITE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, UN-TIMELINESS OR NON-AUTHENTICITY OF ANY INFORMATION, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, INTERCEPTION OF TRAFFIC SENT OR RECEIVED, COMMUNICATION LINE FAILURE, SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE SITE.

(C) IN NO EVENT WILL WE BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ANY OBLIGATIONS RELATED TO THE SITE WHICH ARE OCCASIONED BY OCCURRENCES OR CONTINGENCIES CONSIDERED ‘FORCE MAJEURE’, INCLUDING, BUT NOT LIMITED TO, DELAY CAUSED BY STRIKE, LOCK OUT, LABOR DISPUTES, DISASTERS, FIRE, FLOOD, ACCIDENT, INVASION, RIOT, WAR, REVOLUTION, EMBARGO, RESTRAINT, ACTS OF GOD, DISEASE, EPIDEMIC, PUBLIC HEALTH CRISIS, SUBSTANTIAL INCREASES IN THE PRICE OF GOODS OR MATERIALS OR OTHER COSTS, FAILURE OF ELECTRONIC EQUIPMENT, SOFTWARE AND/OR INTERNET SERVICE, INABILITY TO OBTAIN TRANSPORTATION OR MATERIALS, SHORTAGE OF FUEL, FAILURE OF TECHNOLOGY, BREACH OR DEFAULT BY A SUPPLIER, DEMAND OF THE UNITED STATES OR ANY OTHER GOVERNMENT, YOUR FAILURE TO PERFORM ANY OBLIGATIONS UNDER THIS AGREEMENT, OR ANY OTHER CAUSE OR CONTINGENCY BEYOND OUR CONTROL WHICH SHALL PREVENT OR MATERIALLY IMPAIR US FROM PERFORMING IN THE NORMAL AND USUAL COURSE OF OUR BUSINESS IN A PROFITABLE FASHION. 

(D) IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF OR RELIANCE UPON THE SITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION

We reserve the right to terminate service at any time, subject to our agreements with the School District.  You do not have any enforceable right to use the Site.

TRADEMARKS

“www.myschoolapps.com”, “MySchoolApps.com”, “NIBLL School Solutions”, and all related logos, products and services contained in, described in or provided by the Site are trademarks or registered trademarks of ours; any unauthorized use of same is strictly prohibited and all rights in same are reserved by us. The content of the Site, and the selection, coordination, arrangement and enhancement of such content, is our property. You may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, or business processes in whole or in part. Nothing contained herein shall be construed as conferring, by implication, estoppel or any other legal theory, a license or right to any patent, trademark, copyright or other intellectual property right of ours. 

INDEMNIFICATION

You agree to defend, indemnify and hold us, and our affiliates, and our and their respective officers, employees, agents and contractors, harmless from and against all claims, demands, liabilities, expenses and damages, including reasonable attorneys’ fees, arising out of or resulting, directly or indirectly, from your use of the Site, any act or omission by you or your School District, and for any claims for which we have disclaimed warranty herein or are not liable for.

MISCELLANEOUS TERMS

(A) Entire Agreement. This Agreement, other agreements, policies and any operating rules posted on the Site constitute the entire agreement between you and us with respect to your use of the Site, and supersede all prior or contemporaneous understandings or agreements (written or oral) between the parties with respect to such subject matter.  If any provision in this Agreement is held by the arbitrator or other applicable authority to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

(B) Change in Terms. We reserve the right at any time to change, add to or delete any aspect or feature of the website and the terms and conditions of this Agreement. We will update the Site to reflect any such changes. Any use of the Site by you after such changes are made shall be deemed to constitute acceptance by you of such changes.

(C) Applicable Laws. This Agreement is governed by the laws of the State of California without regard to its conflict of laws provisions. Any dispute or claim arising out of or in relation to this Agreement or the Site, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in St. Tammany Parish, Louisiana under the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with said Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You and we agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrator shall have no authority to award, punitive or exemplary damages against the other party.

(D) Waiver. Any waiver of our rights must be in writing and signed by us. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.