Welcome to the Dismissly website and application (the “Site”). The Site is a simple solution to allow schools to accomplish dismissal after school with a minimum of hassle. The following, along with the Terms of License and Privacy Policy are terms of a legal agreement (collectively, the “Terms”) between you and the owner of the Site, Droplet, LLC. By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations applicable to you, including export and re-export control laws and regulations. If you are accessing, browsing, or using the Site in your capacity as an employee of or on behalf of an entity or organization, you agree to be bound by the Terms on behalf of that entity or organization. If you do not agree to these terms, please do not use the Site.
The material provided on the Site is protected by law, including, but not limited to, United States Copyright law and international treaties. Droplet makes no representations as to the appropriateness of the materials for access from locations outside the United States. Access to these materials from territories where their contents are illegal is prohibited; if you choose to access these materials from such a territory, you are responsible for compliance with local laws and regulations.
Droplet may at any time revise these Terms of Use, the Terms, and any other information contained in the Site by updating this posting or other Terms postings. If Droplet makes such revisions, you will be notified via a notation that the Terms of Use or other Terms are new next to the link to the relevant Terms. For major revisions as determined by Droplet in its sole discretion, if Droplet has your email address on file, Droplet will send you an email and notify you at least thirty (30) days in advance of the update. A notice of the last date of revision will always appear at the bottom of these Terms of Use. Your continued use of the Site constitutes your consent to any updates to the Terms.
The Site and all content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without Droplet’s prior written consent, except that (a) you may copy, reproduce, republish, upload, post, transmit, distribute, or otherwise use and display your own data (“Your Data”) that you have placed on the Site, and (b) Droplet grants you a non-exclusive, non-transferable, limited and revocable permission to access and display the Web pages within the Site, for your personal, non-commercial (unless you have a business relationship with Droplet) use of the Site. Droplet further grants you a limited, nonexclusive and revocable right to create a hyperlink to the Site so long as the link does not portray Droplet, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive manner. These permissions are conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Site.
You may not use the Site in a manner that violates any local, state, national, foreign or international statute. You may not interfere with the functioning of the Site or with other users’ use of the Site in any way, including but not limited to modification of the Site; attempting to gain access to unauthorized portions of the website; enabling high volume, automated, electronic processes that apply to the Site or its systems, the content of the Site or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems or networks connected to the Site, whether through hacking, password mining, or any other means. You may not use the Droplet name, trademarks, services marks or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate or otherwise use data extracted from the Site.
Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Droplet does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
If your entity or organization has purchased a license, you may create or be assigned an account for the Site. You may not share an account or your password with other users. You are responsible for the security of your password and for all activity that occurs on your login, including activity that occurs after your failure to log out after using the Site. In the event that your password becomes compromised, you are responsible for immediately changing your password upon discovery of the compromise. Droplet is not responsible for any unauthorized access to your account or data that arises from your actions or omissions. If you believe your account has been compromised and are unable to access it, please contact Droplet at support@dismissly.com.
Droplet reserves the right to terminate your account or your access to the Site at any time for any reason in its sole discretion. You agree that Droplet shall have no liability to you arising out of or relating to such termination.
The Site is not meant for use by minors. If you are a legal minor in your jurisdiction, please do not use the Site, or access the Site only under the supervision of a parent or legal guardian. Furthermore, the Site does not knowingly solicit or collect information from children under the age of 13. Should Droplet learn that it has inadvertently collected information from a child under the age of 13, it will delete that information as soon as possible. The Site collects only directory information about children under the age of 13, and collects that information only from adults with supervisory authority. See our Privacy Policy for further information.
Droplet does not wish to have access to any student data that is designated as an Education Record under the Family Educational Rights and Privacy Act and its implementing regulations (“FERPA”). The Site is deliberately designed to minimize the amount of personally identifiable information collected. If you have purchased a license, you should provide only information that has been properly designated Directory Information under FERPA. It is a violation of the Terms to provide any information about a student to Droplet, either through the Site or the Services or otherwise, that is not properly designated Directory Information under FERPA. Such violations are subject to the Indemnification terms below.
Information on the Site is not promised or guaranteed to be correct, current, or complete, and the Site may contain inaccuracies or typographical errors. Droplet assumes no responsibility (and expressly disclaims responsibility) for updating the Site to keep information current or to ensure the accuracy or completeness of any posted information. If you upload data to the Site, you are responsible for its correctness, currency, accuracy, and completeness. If you believe any of Droplet’s information on the Site is inaccurate or incomplete, please let Droplet know by emailing support@dismissly.com.
Droplet provides no assurances that any reported problems will be resolved, even if Droplet elects to provide information with the goal of addressing a problem.
For information about how the Site collects and uses personally identifiable information, please refer to our Privacy Policy. This section deals with confidential and proprietary information such as intellectual property, ideas, and trade secrets that belong to you (“Confidential Information”). The Site does not collect Confidential Information from you, except to the extent that you submit it via email or other means. Droplet does not want to receive Confidential Information from you through the Site, e-mail, or other means. Therefore, any information or material sent to Droplet will be deemed NOT to be confidential. By sending Droplet any information or material (a “Submission”), you grant Droplet an unrestricted, irrevocable and fully paid-up license to use, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, that Submission. You also agree that Droplet is free to use any ideas, concepts, know-how, or techniques in any Submission that you send us for any purpose, without compensation of any sort. However, we will not release your name or otherwise publicize the fact that you submitted a Submission to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the Submission you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
The Site may provide links or references to other websites and resources. Droplet does not own or control these third-party websites, and these Terms of Use do not apply to them. Droplet makes no representations, warranties, or other commitments whatsoever about any third-party websites resources that may be referenced, accessible from, or linked to the Site. A link to a third-party website does not mean that Droplet endorses the content or use of such website or its owner. In addition, Droplet is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Site. Accordingly, you acknowledge and agree that Droplet is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
When you access a third party website, even one that may contain the Droplet name or logo, please understand that it is independent from Droplet, and that Droplet does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
Except for Your Data submitted by you, the collections and information featured on the Site are produced, distributed and owned by Droplet. The images and information published on this site are the intellectual property of Droplet. The software on the Site belongs to Droplet and its licensors. You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Droplet or its licensors own a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Droplet intellectual property, in whole or in part. To the extent that portions of the Site use open source software, you are permitted to use the open source software according to its license terms.
The Droplet logo and Dismissly logo and the Droplet and Dismissly names are trademarks of Droplet. These, along with any other trademarks, service marks and logos used and displayed on the Site are trademarks of Droplet. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of Droplet. Droplet aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of Droplet’s trademarks requires proper acknowledgment. Other product and company names mentioned in the Site, if any, may be the trademarks of their respective owners.
All rights reserved.
You agree to indemnify and hold harmless Droplet, its subsidiaries, and affiliates, and their officers and employees, from any damages, claims, liabilities, and costs, including reasonable attorney's fees, or losses of any kind or nature whatsoever which may in any way arise from your use or misuse of the Site, your violation of any law or regulation, your willful misconduct, any other party’s access to the Site using your account credentials, or any breach or alleged breach of the Terms by you. Droplet shall retain control over the defense of, and any resolution or settlement relating to, such loss. You will cooperate with Droplet and provide reasonable assistance in defending any such claim.
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. DROPLET EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, DROPLET MAKES NO WARRANTY OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL DROPLET BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SITE OR ANY USE OF THE SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF DROPLET IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
You agree that any claim or controversy arising out of or relating to the Site or to any acts or omissions for which you may contend Droplet is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration. The arbitration shall be venued in Des Moines, Iowa, and shall apply the laws of the State of Iowa, excluding its conflicts of laws provisions. Arbitration will be conducted under the rules of the American Arbitration Association ("AAA"). The parties will jointly agree upon a neutral arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under these TOL shall be joined to an arbitration involving any other party subject to these TOL, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND DROPLET WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using the Site, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Droplet, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Des Moines, Iowa. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this section and the warranty disclaimers and liability exclusions above. Droplet has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that materials on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements, and you agree not to access the Site in any such jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, 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 govern such use.
Last revised: October 13, 2020.