Terms and Conditions

Agreement between user and AcadeMap, LLC.
This agreement is between you, the “user” and AcadeMap, LLC as well as its affiliates, agents, employees, successors, representatives, and integrated technology providers.

This agreement applies to all AcadeMap™ offerings, collectively the “System(s)”, which includes, but is not limited to, the website, the administrative web suite, the mobile application(s), and any other product already, or yet-to-be, developed by AcadeMap, LLC. regardless of product name, version, or configuration. It also applies to use of AcadeMap™ content and technologies as they are integrated into other, 3rd-party, systems.

The AcadeMap™ System(s) is comprised of various web pages and other technologies operated by AcadeMap, LLC. (“AcadeMap”). The System(s) are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the System(s) constitutes your agreement to all such Terms, as presented at the time of your account creation and as they evolve over the course of your utilization of the Systems. Please read these terms carefully, and keep a copy of them for your reference. You also agree to check back periodically to ensure that you remain in compliance.

AcadeMap, LLC reserves the right to modify the Terms, Conditions, and/or Policies at any time. Your continued use of the System(s) demonstrates your intent to re-visit and review these Terms periodically.

The System(s) may include eCommerce technology.

AcadeMap, LLC. helps to bridge the gap between organizations, participants, and patrons. AcadeMap System(s) may be used at School, Studio, Church, Camp, Work, Team, etc. AcadeMap connects staff and leadership internally through a private “Suite” and to participants and/or guardians and/or patrons in a mobile application. Functionality includes, but is not limited to, news, events, notifications, emergency alerts, lock-down notices, people directory, group coordination, class management, custom certificates, team or participant ID cards, Safety IDs, Trip IDs, Formal Portrait links, etc.

AcadeMap System(s) may provide technologies to be integrated to 3rd-party systems at the request and/or with the permission of the relevant organization(s).

AcadeMap System(s) may utilize 3rd-party technologies into integrated offerings for AcadeMap users.

Electronic Communications
Visiting AcadeMap.com, or using the System(s), or completing forms on or integrated with AcadeMap, or sending emails to AcadeMap, or permitting SMS/text messaging and/or notifications constitutes electronic communications. By participating in electronic communications, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that AcadeMap provides to you electronically satisfy any legal requirement that such communications be in writing.

AcadeMap, LLC. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use AcadeMap™ System(s) only with permission and supervision of a parent or guardian.

Links to third-party sites/Third-party services/Third-party content
AcadeMap™ System(s) may contain links to other websites (“Linked Sites”) or technologies. The Linked Sites are not under the control of AcadeMap™ and AcadeMap™ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AcadeMap™ provides these links only as a convenience or reference, and the inclusion of any link does not imply endorsement by AcadeMap of the site or any association with its operators.

Some AcadeMap™ System(s) features make it possible for AcadeMap™ users, or account-holders, or participants to send messages to other AcadeMap™ System(s) users, or account-holders, or participants. AcadeMap™ is not responsible for, nor does it implicitly endorse, any content which is generated by users, account-holders, or participants. Your use of AcadeMap™ System(s) demonstrates an understanding of these Terms and that you agree to hold AcadeMap, LLC. harmless of any content which is deemed to be illicit, inappropriate, or otherwise. You also agree to report any questionable content to AcadeMap™ in writing.

AcadeMap™ reserves the right to cancel and/or remove any content, emergency alerts, safety ID alerts, users, account-holders, integrated technology, feature-sets, at any-time, without written notice, and at its sole discretion in order to rectify, or reduce the likelihood of, anything it deems to be inappropriate.

AcadeMap™ may, at its own discretion, report any inappropriate content or behavior to the authorities.

You agree not to share or post anything using the AcadeMap™ System(s) that is illegal, slanderous, inappropriate.

You understand that there may be sensitive information within the AcadeMap™ System(s) and you will make all reasonable efforts to protect, not share, your account access information, or any other posted or published information.

Certain services made available via AcadeMap™ System(s) are delivered by third-party sites, and/or organizations. By using any product, service, or functionality originating from the AcadeMap™ System(s), you hereby acknowledge and consent that AcadeMap™ may share information and data with any party for whom that information and data is required in the fulfillment of your purposes.

No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the AcadeMap™ System(s) strictly in accordance with these terms of use and in accordance with whatever parameters, subscription limitations, or product permissions are conveyed or implicit to your account. As a condition of your use of the System(s), you warrant to AcadeMap™ that you will not use the System(s) for any purpose that is unlawful or prohibited by these Terms. You may not use the System(s) in any manner which could damage, disable, overburden, or impair the System(s) or interfere with any other party’s use and enjoyment of the System(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System(s) and your account within the System(s).

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the System(s), is the property of AcadeMap, LLC. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System(s). AcadeMap™ content is not for resale. Your use of the System(s) does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of AcadeMap™ and/or the respective copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AcadeMap™ or our licensors.

Your continued use of functionality within the System(s), including generation or publication of news, events, certificates, IDs, or any other System(s) artifact(s) confers to AcadeMap™ the right to use such publication(s) or artifact(s) for marketing or development purposes. Do not use the AcadeMap™ System(s) to generate content which you do not release to AcadeMap™.

Returns and/or Refunds
All AcadeMap™ products come with a 100% satisfaction guarantee. If you are not completely satisfied with your AcadeMap™ System(s), you may return them within thirty (30) days of receipt for a full refund – less any setup expenses which may have been incurred by AcadeMap™ and which were implicity agreed to upon your original requests. Returns may take the form of a relinquished account or cancelled artifact. Please allow 2-4 weeks from receipt of returns, for refunds to be processed. Please include your name and address with your return and mail to:

AcadeMap, LLC
445 E. Carmel St.
Suite B.
San Marcos, CA 92078

The AcadeMap™ policies regarding returns and/or refunds do not extend to third-party service providers or integrated technologies. You accept responsibility, and hold AcadeMap™ harmless, for any transaction which includes or pertains to a third-party service, content, or technology provider. Such transactions may include, but are not limited to, purchases of printed certificates, printed student IDs, printed Safety IDs, printed Trip IDs, catalog orders, or items which are linked or referred to from the AcadeMap™ System(s).

International Users
The System(s) are controlled, operated and administered by AcadeMap™ from within the USA. If you access the System(s) from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the System(s) in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

School Photographers AND Licensees
Access to the System(s) may be granted to 3rd Party Companies (Customer Companies) such as School Photographers or other groups interested in leveraging AcedeMap technologies. No agreement made with a 3rd Party constitutes a partnership or offer of employment. All such agreements denote a relationship of customer & vendor where AcadeMap is the Vendor.

AcadeMap will invoice customer companies / users based on the terms elsewhere agreed by an authorized AcadeMap representative and the customer company.

Customer Companies agree that AcadeMap is not liable for any impact on operations or accounts which are owned by the Customer Company.

All Customer Companies agree to represent AcadeMap with integrity and according to these terms. All technical issues will be relayed to AcadeMap for tracking.

Indemnification
You agree to indemnify, defend and hold harmless AcadeMap™, its officers, directors, employees, agents and third party personnel or integrated technology providers, for any losses, costs, liabilities and expenses (including attorney’s fees) relating to or arising out of your use of or inability to use the System(s) or services, any user postings made by you or otherwise, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AcadeMap™ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AcadeMap™ in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SYSTEM(s) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACADEMAP, LLC. AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYSTEM(S) AT ANY TIME.

ACADEMAP, LLC. AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SYSTEM(S) FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACADEMAP, LLC. AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU AGREE TO ACCEPT RESPONSIBILITY FOR YOUR USE OF THE SYSTEM(S) AND SERVICES RELATED THERETO.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACADEMAP, LLC. AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM(S), WITH THE DELAY OR INABILITY TO USE THE SYSTEM(S) OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACADEMAP, LLC. OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM(S), OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM(S).

Termination/access restriction
AcadeMap™ reserves the right, in its sole discretion, to terminate your access to the System(s) and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the System(s) and/or related services. Use of the System(s) is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AcadeMap™ as a result of this agreement or use of the System(s). AcadeMap™’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AcadeMap™’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the System(s) or information provided to or gathered by AcadeMap™ with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AcadeMap™ with respect to the System(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AcadeMap™ with respect to the System(s). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
AcadeMap™ reserves the right, in its sole discretion, to change the Terms under which the System(s) are offered. The most current version of the Terms will supersede all previous versions.

Contact Us
AcadeMap™ welcomes your questions or comments regarding the Terms. Please complete the online form located at https://academap.com/support/.

Updated July 1, 2017.