Terms of Use

Last Revised Date

September 23rd, 2018

Intro

Welcome to GiveThx! GiveThx, Inc. (“GiveThx,” “we,” “us,” or “our”) invites you to access and use our online services (the “Services”), which are made available to you through our website located at www.givethx.org (the “Site”). By accessing and using the Site, and/or the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use (“Terms”). If you do not agree to any of these terms, then please do not use the Site, and/or the Services. These Terms of Use may be updated by us from time to time without notice to you.

Key Terms

When you read these Terms of Use you will see specially defined terms indicated by the use of an initial capital letter. These terms are specially defined to enhance your understanding of these Terms of Use and GiveThx’s Site and Services. The following are some of the more commonly used defined terms:

  • Account - A person who has completed the registration process with GiveThx. Students may create Accounts only after a Teacher has provided them with access via a Class Code.
  • Class - A group of Users created, monitored, and managed by a Teacher and joined using a Teacher-provided Class Code.
  • Class Code - A code given to Students to allow them to both create an Account in GiveThx and join a Teacher’s specific Class.
  • Network - A group of Users defined by their association with a school, program, or educational organization. Users on GiveThx can only interact with other Users within their Network.
  • Reflection - A text-based composition created and shared by Users. Teachers can view Reflections composed by all Students who join their Classes.
  • Statistics - Aggregated activity data for sent and received Thx Notes and Reflections. Students can view their aggregated Statistics. Teachers can view their aggregated Statistics and the Statististics of the Students in their Classes.
  • Student - A User who can compose, share, and receive Thx Notes to/from any User in their Network, and compose Reflections.
  • Student Record - Student information collected during registration and their Statistics
  • Teacher - A User who can create, monitor, and manage Classes of Students. Teachers can compose, share, and receive Thx Notes to/from any User in their Network and compose Reflections.
  • Thx Note - A message created and shared by Users that includes a single recipient, text-based composition, and a single tag selected from a predetermined set. Teachers can view Thx Notes composed by all Students who join their Classes.
  • User - A Teacher or Student with a GiveThx Account.

The Services

The Services provide a platform where Students can write Reflections, write and send Thx Notes to Students and Teachers within their Network, and view their own Statistics. Teachers can read all Thx Notes and Reflections for all Users in their Classes and view Statistics.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new GiveThx properties, shall be subject to these Terms of Use. You understand and agree that the Service is provided "as-is" and that GiveThx assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any User data or personalization settings.

Registration and Use

If you would like to use the Services you will need to register by creating an Account. Before creating an Account you will need to request access by contacting GiveThx if you are a Teacher, or by contacting your Teacher, if you are a Student.

During the registration process, you will provide us with your name, email address, and password (“Personal Information”). Alternatively (and recommended), you can sign up with a third-party login such as Google. In this case, only your email address is required and password authorization will occur through the third-party.

For those who register as a Teacher, your email address may be used to send a confirmation email at registration or send information about updates to the Service. Users who register as Students will not receive emails.

You represent and warrant that all Personal Information you submit to create your Account is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your User Account, as well as for its use and misuse. You will promptly inform us of any need to deactivate an Account or password. We reserve the right to delete an Account and/or password at any time and for any reason.

GiveThx Accounts may not be shared by more than one person unless express authorization is given by GiveThx, Inc.

You will be responsible for any activities that occur under your Teacher Account and any activities that occur under Student Accounts enrolled in your Classes until you terminate your Teacher Account. We reserve the right to require you to alter your Account if we believe that such Account is no longer secure.

By creating an Account with GiveThx you are agreeing to only use the Services for your personal, internal, non-commercial, educational use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We cannot and will not be responsible for you using the Services in a way that breaks the law.

You represent and warrant that you are of legal age to form a binding contract (or if not, you have received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you are agreeing to these Terms on behalf of an organization or entity (for example, if you are a Teacher agreeing to these Terms on behalf of your Students), you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms.

Use of Personal Data

The current GiveThx Privacy Policy (“Privacy Policy”) can be found on our website, here. We have included some information from it below.

The Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain parental consent before they collect personally identifiable information online from children who are under 13. Therefore, we only collect Personal Information through the Services from a child under 13 where that Student's school, district, and/or Teacher has agreed (via the terms described in the following paragraph) to obtain parental consent for that child to use the Services and disclose Personal Information to us, for the use and benefit of the learning environment. If you are a Student under 13, please do not send any Personal Information about yourself to us if your school, district, and/or Teacher has not obtained this prior consent from your parent or guardian, and please do not send any Personal Information other than what we request from you in connection with the Services. If we learn we have collected Personal Information from a Student under 13 without parental consent being obtained by his or her school, district, and/or Teacher, or if we learn a Student under 13 has provided us Personal Information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a Student under 13 may have provided us Personal Information in violation of this paragraph, please contact us at info@givethx.org.

If you are a school, district, or Teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Services. When obtaining consent, you must provide parents and guardians with our Privacy Policy. You must keep all consents on file and provide them to us if we request them. If you are a Teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.

In addition, various federal and state laws, including the Family Educational Rights and Privacy Act (“FERPA”), protect the privacy of Student educational records and limit when a school may disclose a Student’s educational records. Teacher Users are solely responsible, under these Terms, for ensuring that their schools are compliant with all applicable laws and regulations, including, but not limited to, FERPA. Without limiting the generality of the foregoing, Teacher Users represent and warrant that for all Student Records disclosed by Teacher User (if any), such Teacher User has obtained, or his/her school has obtained, the appropriate consent from the parents of Student Users, or from the Students if such Students are 18 and older, as required under FERPA to make such disclosure and grant the following license. Teacher User, on behalf of his/her school, grants, or his/her school grants, to GiveThx a nonexclusive license to view, download, reproduce, modify, create derivative works of, distribute, and display such Student Records of a Student User solely for the purposes of (a) providing the Service to any Teacher Users of such Student User; (b) providing the Service to Student Users; and (c) to use de-identified and/or aggregated Student Records to improve the Service.

Intellectual Property

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GiveThx, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

GiveThx grants you a personal, non-transferable and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GiveThx for use in accessing the Service.

Community Guidelines

By accessing and/or using the Site and/or the Services, you hereby agree that:


  • You will not use the Site, or the Services for any unlawful purpose;
  • You will not upload, post, email, transmit, or otherwise make available any content that: Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
  • You will not spam or use the Site, or the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
  • You will not interfere with or attempt to interrupt the proper operation of the Site, or the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site, or the Services through hacking, password or data mining, or any other means.

Modifications

GiveThx reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that GiveThx shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service.

GiveThx reserves the right to modify these Terms of Use at any time and in any manner at our sole discretion. Notice of any modification of these Terms of Use will be posted in the footer of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Service constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Service to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration immediately and discontinue your use of the Service. You agree that we are not liable to you or to any third party for any modification of the Terms of Use.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Site and/or the Services, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered non-confidential and non-proprietary. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Disclaimer and Limitation of Liability

NONE OF GIVETHX, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “CURRICULET PARTIES”) ENDORSE ANY TEACHER, STUDENT, TEACHER GENERATED CONTENT, OR PERFORMANCE DATA SUBMITTED THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICES MERELY ACT AS A PLATFORM THAT ALLOWS STUDENTS TO SEND AND RECEIVE THX NOTES TO PEERS AND TEACHERS IN THEIR SCHOOL AND REFLECT UPON SAID NOTES AND PERSONAL STATISTICS FOR THE PURPOSES OF SOCIAL-EMOTIONAL LEARNING. NONE OF THE GIVETHX PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY RESULTS CAUSED BY USING THE SITE OR THE SERVICES. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.


YOU ACKNOWLEDGE AND AGREE THAT THE SITE, AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE GIVETHX PARTIES WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE GIVETHX PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES. YOUR USE OF THE SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO STOP USING THE SAME.


IN NO EVENT SHALL ANY GIVETHX PARTY BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF SUCH GIVETHX PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE CURRICULET PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

External Sites

The Service may provide, or third parties may provide, links to other Internet websites or resources (“External Sites”). Because GiveThx has no control over such sites and resources, you acknowledge and agree that GiveThx is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GiveThx shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Indemnification

You agree to defend, indemnify, and hold GiveThx harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of these Terms of Use; (ii) your access to, use, or misuse of the Site, or the Services; (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; and (iv) any claims brought against GiveThx by a Student as a result of any of your acts or omissions.

Compliance with Applicable Laws

The Site and the Services are based in the United States, and are intended to be used only by residents of the United States. We make no claims concerning whether the Site or the Services may be viewed or be appropriate for use outside of the United States. If you access the Site or the Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination

We may terminate these Terms of Use and your access to all or any part of the Site, or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site, or the Services at any time without prior notice or liability.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, and the section entitled Disclaimer and Limitation of Liability shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of California. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of California. These Terms of Use contain the entire agreement of the parties concerning the Site and the Services and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all policies governing the use of the Site and Services as provided by GiveThx.

Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using our email address info@givethx.org.