End User Terms and Conditions

Pinwheel® Alerts: Msg frequency varies, Msg&Data rates may apply, reply STOP to cancel, HELP for help. 800.705.7526 - TryPinwheel.com

Supported Carriers

T-Mobile
AT&T (The old Cingular Orange)
Verizon Wireless
Sprint
U.S. Cellular
Boost Mobile
Cricket/Leap
Virgin Mobile USA
Iowa Wireless
Metro PCS
ACS Wireless
West Central Cellular
NTELOS
Bluegrass
Plateau Wireless
Thumb Cellular
Viaero Wireless

AWCC
Cincinnati Bell
Cellular South
Carolina West Wireless
Immix Wireless/Keystone Wireless
Golden State Cellular
Cellcom
ECIT (East Central Illinois)
GCI / Alaska Digitel
Inland Cellular
Illinois Valley
Nex-Tech
NW Missouri Celllular
Element Wireless
MTPCS

Alerts sent via SMS may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered


Terms of Service

Pinwheel® SMS text and email alerts (“Pinwheel®”) are provided by School Datebooks, Inc. hereafter referred to as SDI.

Pinwheel® is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your subscription and use of Pinwheel® constitutes your agreement to all such terms, conditions, and notices.

Fees

SDI provides Pinwheel® to end users free of charge. However, your wireless service provider may charge service fees for text messaging (including receiving/sending messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. SDI recommends that you check with your wireless service provider to verify the fees that may apply to your wireless device plan for using Pinwheel®. SDI does not endorse or recommend the services of any wireless service provider. The wireless service provider is solely responsible for the services it provides to you, and you are responsible for the agreement you have with your service provider, including but not limited to payment of all fees associated with Pinwheel®. Under no circumstance will SDI or its vendors be responsible for fees incurred as a result of your use of Pinwheel®.

Services

By subscribing to Pinwheel®, you may receive multiple SMS text messages and email messages from us on a daily basis. These messages may also include a sponsorship advertisement. SDI does not endorse any sponsorship advertisement included in a SMS text message or any other communication. The sponsorship advertisements are provided as a value-added informative service, and any such dealings with a sponsor company are strictly between you (the end user) and the sponsoring company. Any Pinwheel® messages that you receive on your device may be delayed during transmission for technical reasons SDI may or may not control. In either case, SDI is not responsible for the accuracy, timeliness, delivery, or receipt of any Pinwheel® text messages or alerts.

Acccount Registration & Security

Subscribing to Pinwheel® requires you to complete the registration process by providing SDI with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your login information and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. SDI will not be liable or responsible for any loss that you may incur as a result of unauthorized use of your account, including but not limited to someone else using your password or account, either with or without your knowledge (“Unauthorized Use”). However, you could be held liable for losses incurred by SDI or another party due to Unauthorized Use of your account. SDI reserves the right at all times to disclose any information related to you or your account as SDI deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Conduct

You agree to access and use Pinwheel® only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of Pinwheel®. In addition, you expressly acknowledge and agree that your educational institution is solely and completely responsible for compliance with the Family Education Rights and Privacy Act (20 U.S.C. § 1232(g) et seq) and the corresponding regulations and the compliance with any and all disclosure requirements relating to education records as that term is defined thereunder. By using Pinwheel®, you agree that you will not:

  1. Use Pinwheel® for other than informational purposes;
  2. Violate any applicable law when using or accessing Pinwheel®;
  3. Post or transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
  4. Use Pinwheel® to impersonate other parties or entities;
  5. Use Pinwheel® to upload any content that contains a software virus, or any computer code, files, or programs that may alter, damage, or interrupt the functionality of Pinwheel® or the hardware or software of any person who uses Pinwheel®;
  6. Disrupt the normal flow of communication in any way;
  7. Distribute your account and password information to others or allow someone to access Pinwheel® through your account; or
  8. Use anyone else's account at any time.

Liability Disclaimer

SDI and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related information related to Pinwheel® or contained within Pinwheel®’s messages or on the website for any purpose, and specifically disclaims all liability related to such. SDI does not warrant that Pinwheel® will be virus free. All such Pinwheel® information, software, products, and services are provided "as is" without warranty of any kind, at your own risk. SDI SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF MERCHANTABILITY.

SDI specifically disclaims any liability with regard to the content and communication services offered through Pinwheel®, including but not limited to, accuracy of information, errors and inaccuracies in information found on Pinwheel®, changes to event information made by administrators, your use of or inability to use Pinwheel®, unauthorized use of Pinwheel®, and receipt, delivery, or notification of emergency notices. Information received through Pinwheel® should not be relied upon for personal, medical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.

You specifically agree that SDI shall not be responsible for unauthorized access to or alteration of your transmissions or data, or any material or data sent or received or not sent or received to any device. You specifically agree that SDI is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

In no event shall SDI and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or any damages whatsoever including, without limitation, damages for loss of use, loss of life, injuries, data or profits, arising out of or in any way connected with the use or performance of Pinwheel®, with the delay or inability to use Pinwheel® or related services, the provision of or failure to provide Pinwheel® services, or for any information, software, products, or services obtained through the Pinwheel® service, or otherwise arising out of the use of Pinwheel®, whether based on contract, tort, negligence, strict liability or otherwise, even if SDI or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of Pinwheel®, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using Pinwheel®.

Indemnity

You agree to indemnify, defend, and hold harmless SDI from any and all liabilities incurred by it in connection with any claim arising out of your use of Pinwheel®, fault, or breach of these Terms of Service, including reasonable attorney’s fees and costs.

Choice of Law/Forum Selection/Attorney Fees

You agree that any dispute arising out of or relating to Pinwheel® or these Terms of Service, whether based in contract, tort, statutory or other law, will be governed by federal law and by the laws of the State of Indiana, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Indiana as the exclusive legal forums for any such dispute, and the prevailing party shall be entitled to reimbursement of its attorney fees and costs from the nonprevailing party.

Termination/Access Restriction

SDI reserves the right, in its sole discretion, to terminate your subscription and access to any or all Pinwheel® services at any time, without notice. SDI shall have no obligation to maintain any content or to forward any unread, unsent or past messages to you.

Unsubscribing/Service Cancellation

You may unsubscribe to Pinwheel® at any time by clicking the "Remove My Account Completely" link and following the instructions. Your unsubscription request will be processed automatically upon request. If you voluntarily unsubscribe to Pinwheel®, you can subscribe again to Pinwheel® at any time.

Modification of These Terms of Use

SDI reserves the right to change the terms, conditions, and notices under which Pinwheel® services are offered, including but not limited to changes associated with the use of the services. While SDI will make a good faith effort to notify users of Pinwheel® of any changes to these terms and conditions and any other terms of service, you are responsible for regularly reviewing these terms and conditions. Your continued use of Pinwheel® constitutes your agreement to all such terms, conditions, and notices, as modified.

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Are you an administrator? See below:

Administrative Account Registration and Security

Customer is responsible for protecting the security and confidentiality of its username and password and access to the secured emergency alert portal of Pinwheel®. SDI does not endorse any sponsorship advertisement included in a Pinwheel® message or any other communication. Customer is entirely responsible for any and all activities that occur under its account. Customer agrees to notify SDI immediately of any unauthorized use of its account or any other breach of security. SDI will not be liable or responsible for any loss that Customer may incur as a result of unauthorized use of its account, including but not limited to someone using Customer’s password or account without authorization, either with or without Customer’s knowledge (“Unauthorized Use”). However, Customer could be held liable for losses incurred by SDI or another party due to Unauthorized Use of Customer’s account. SDI reserves the right at all times to disclose any information related to Customer’s account as SDI deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Compliance with Laws

Customer is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to Customer’s use of Pinwheel® and dissemination of information through Pinwheel®, including but not limited to the Family Education Rights and Privacy Act (20 U.S.C. § 1232(g) et seq) and the corresponding regulations and agrees to comply with any and all disclosure requirements relating to education records as that term is defined thereunder. By using Pinwheel®, Customer agrees that it will not or allow others to: 1) Use Pinwheel® for other than informational purposes; 2) Post or transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content; 3) Use Pinwheel® to impersonate other parties or entities; or 4) Use Pinwheel® to upload any content that contains a software virus, or any computer code, files, or programs that may alter, damage, or interrupt the functionality of Pinwheel® or the hardware or software of any person who uses Pinwheel®.

Disclaimer

Pinwheel® messages and alerts may be delayed during transmission for technical reasons. SDI and/or its respective suppliers make no representations about the content, suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services and related information related to Pinwheel® or contained within Pinwheel® messages or on the website for any purpose, including changes to event information made by Customer administrators, unauthorized use of Pinwheel®, and the receipt, delivery, or notification of emergency notices, and specifically disclaims all liability related to such. SDI does not warrant that Pinwheel® will be virus free. All such Pinwheel® information, software, products, and services are provided "as is" without warranty of any kind, at Customer’s own risk. SDI SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF MERCHANTABILITY.

Customer specifically agrees that SDI shall not be responsible for unauthorized access to or alteration of Customer’s transmissions or data, or any material or data sent or received or not sent or received to any device. Customer specifically agrees that SDI is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

In no event shall SDI and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, loss of life, injuries, data or profits, arising out of or in any way connected with the use or performance of Pinwheel®, with the delay or inability to use Pinwheel® or related services, the provision of or failure to provide Pinwheel® services, or for any information, software, products, or services obtained through the Pinwheel® service, or otherwise arising out of the use of Pinwheel®, whether based on contract, tort, negligence, strict liability or otherwise, even if SDI or any of its suppliers has been advised of the possibility of damages. If Customer is dissatisfied with any portion of Pinwheel®, or with any associated terms of service, Customer’s sole and exclusive remedy is to request that SDI turn off or terminate Pinwheel®.

Indemnity

Customer agrees to indemnify, defend, and hold harmless SDI, its shareholders, directors, officers, employees and agents from and against any and all liability associated with any claim arising out of Customer’s use of and its dissemination of information through Pinwheel®, including but not limited to compliance with the Family Education Rights and Privacy Act (20 U.S.C. §1232(g) et seq) and the corresponding regulations, Customer’s fault, or Customer’s breach of this Agreement, including reasonable attorney’s fees and costs.

Termination of Service

If Customer desires to terminate Pinwheel®, Customer must notify SDI in writing. If Customer breaches this Agreement, SDI may terminate this Agreement. However, Customer will have ten (10) days to cure any payment default before the Agreement will be terminated. Customer is responsible for all payments for Pinwheel® through the date SDI terminates Pinwheel®.

Miscellaneous

The parties intend that this Agreement incorporates their entire understanding with respect to the subject matter hereof and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. This Agreement is governed by the laws of Indiana. Customer consents to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Tippecanoe County, Indiana as the exclusive legal forums for any dispute related to this Agreement, and the prevailing party shall be entitled to reimbursement of its attorney fees and costs from the nonprevailing party. The provisions of this Agreement are intended to be severable. If any provision of this Agreement is held invalid or unenforceable in whole or in part, that provision will be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the remaining provisions of this Agreement. This Agreement has been duly and validly executed and delivered by Customer and constitutes a legal, valid and binding obligation of Customer enforceable in accordance with its terms. This Agreement has been duly and validly executed and delivered by SDI and constitutes a legal, valid and binding obligation of SDI enforceable in accordance with its terms. This Agreement may be executed in one or more counterparts.

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