Common use of General Use of the Services Clause in Contracts

General Use of the Services. You shall not use the Services, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, repro- duce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, databases or other lists, products or services provided through or obtained from the Services. This means, among other activities, that you agree not to engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining information. You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Except with the written permission of PimsPoints, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Services. If you attempt to access prohibited areas of the Services, you may be subject to prosecution. GENERAL USER REGISTRATION/PRIVACY POLICY In order for you to participate in the Services, PimsPoints will require you to provide specific information about you and/or your organization or business (if applicable). You shall be responsible for maintaining the confidentiality of your account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. You shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify PimsPoints for such actions. Any information supplied by you upon registering for the Services and any other information about you and/or your business (if applicable) (collectively, “User Data”) is subject to PimsPoints’ Privacy Policy. For more information, you may review the PimsPoints Privacy Policy which is hereby incorporated into this Agreement and which may be accessed by clicking on this link. USER CONDUCT Your right to use the Services is personal to you and your organization, company and its employees (if applicable). You, and not PimsPoints, is entirely responsible for all presets, programming, or organization of such data information (“User Content”) posted via the Services. You, and not PimsPoints, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of your use of the Services. You shall not use the Services for any illegal purpose in violation of any local, state, federal or international law. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. PIMSPOINTS PROVIDES THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRAN- TIES OF TITLE AND NON-INFRINGEMENT. (B) PIMSPOINTS MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ER- ROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PUR- CHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

General Use of the Services. You shall not use the Services, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, repro- ducereproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, databases or other lists, products or services provided through or obtained from the Services. This means, among other activities, that you agree not to engage in the practices of “"screen scraping”", “"database scraping”", or any other activity with the purpose of obtaining information. You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s 's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Except with the written permission of PimsPoints, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Services. If you attempt to access prohibited areas of the Services, you may be subject to prosecution. GENERAL USER REGISTRATIONGeneral User Registration/PRIVACY POLICY Privacy Policy In order for you to participate in the Services, PimsPoints will require you to provide specific information about you and/or your organization or business (if applicable). You shall be responsible for maintaining the confidentiality of your account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. You shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify PimsPoints for such actions. Any information supplied by you upon registering for the Services and any other information about you and/or your business (if applicable) (collectively, “"User Data”") is subject to PimsPoints’ PimsPoints Privacy Policy. For more information, you may review the PimsPoints Privacy Policy which is hereby incorporated into this Agreement and which may be accessed by clicking on this link. USER CONDUCT Your right to use the Services is personal to you and your organization, company and its employees (if applicable). You, and not PimsPoints, is entirely responsible for all presets, programming, or organization of such data information (“User Content”) posted via the Services. You, and not PimsPoints, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of your use of the Services. You shall not use the Services for any illegal purpose in violation of any local, state, federal or international law. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. PIMSPOINTS PROVIDES THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRAN- TIES OF TITLE AND NON-INFRINGEMENT. (B) PIMSPOINTS MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ER- ROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PUR- CHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.Confidentiality

General Use of the Services. You shall not use the Services, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, repro- ducereproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, databases or other lists, products or services provided through or obtained from the Services. This means, among other activities, that you agree not to engage in the practices of “"screen scraping”", “"database scraping”", or any other activity with the purpose of obtaining information. You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s 's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Except with the written permission of PimsPoints, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Services. If you attempt to access prohibited areas of the Services, you may be subject to prosecution. GENERAL USER REGISTRATIONGeneral User Registration/PRIVACY POLICY Privacy Policy In order for you to participate in the Services, PimsPoints will require you to provide specific information about you and/or your organization or business (if applicable). By creating an account and agreeing to this PimsPoints User Privacy and Confidentiality Agreement, you are providing consent as a parent/guardian to schools and school systems to have access to the information entered into the PimsPoints application or website. The information required to create an account is parent/guardian first and last name, email address, student(s) first and last name, student gender, relationship, and school. This information will be shared with the school and school system to verify the student’s enrollment as well as to participate in earning PimsPoints through the app. Schools and School Systems can upload, notify, and communicate with you about engagement activities related to your student(s) through the application. The LDOE does not have access to any individual information shared by users, parents/guardians, schools, school systems, or other partners in the PimsPoints application. The LDOE will receive aggregate school and/or school system data regarding the usage of the application. You shall be responsible for maintaining the confidentiality of your account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. You shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify PimsPoints for such actions. Any information supplied by you upon registering for the Services and any other information about you and/or your business (if applicable) (collectively, “"User Data”") is subject to PimsPoints’ PimsPoints Privacy Policy. For more information, you may review the PimsPoints Privacy Policy which is hereby incorporated into this Agreement and which may be accessed by clicking on this link. USER CONDUCT Your right to use the Services is personal to you and your organization, company and its employees (if applicable). You, and not PimsPoints, is entirely responsible for all presets, programming, or organization of such data information (“User Content”) posted via the Services. You, and not PimsPoints, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of your use of the Services. You shall not use the Services for any illegal purpose in violation of any local, state, federal or international law. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. PIMSPOINTS PROVIDES THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRAN- TIES OF TITLE AND NON-INFRINGEMENT. (B) PIMSPOINTS MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ER- ROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PUR- CHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.Confidentiality

General Use of the Services. You shall not use the Services, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, repro- duce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, databases or other lists, products or services provided through or obtained from the Services. This means, among other activities, that you agree not to engage en- gage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining information. You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Except with the written permission of PimsPointsPims Points, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Services. If you attempt to access prohibited areas of the Services, you may be subject to prosecution. GENERAL USER REGISTRATION/PRIVACY POLICY In order for you to participate in the Services, PimsPoints Pims Points will require you to provide specific information about you and/or your organization or business (if applicable). You shall be responsible for maintaining the confidentiality of your account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. You shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify PimsPoints Pims Points for such actions. Any information supplied by you upon registering for the Services and any other information about you and/or your business (if applicableap- plicable) (collectively, “User Data”) is subject to PimsPoints’ Pims Points’s Privacy Policy. For more information, you may review the PimsPoints Pims Points Privacy Policy which is hereby incorporated into this Agreement and which may be accessed by clicking on this link. USER CONDUCT Your right to use the Services is personal to you and your organization, company and its employees (if applicableap- plicable). You, and not PimsPointsPims Points, is entirely responsible for all presets, programming, or organization of such data information (“User Content”) posted via the Services. You, and not PimsPointsPims Points, is also responsible respon- sible for compliance with all laws, regulations and ordinances connected with all aspects of your use of the Services. You shall not use the Services for any illegal purpose in violation of any local, state, federal or international law. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. PIMSPOINTS PROVIDES THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRAN- TIES OF TITLE AND NON-INFRINGEMENT. (B) PIMSPOINTS MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ER- ROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PUR- CHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.