Limited License; Proprietary Rights in Website Content
The Website may be accessed only by authorized Buggy administrators, drivers, staff, and students. The Website may also be accessed by parents of students, provided that their use is authorized under the Family Educational Right to Privacy Act (“FERPA”), 20 U.S.C. § 1232g, 34 CFR Part 99, if applicable. All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Website Content”), are the property of Buggy or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Buggy’s prior written permission.
The trademarks contained within the Website: (a) are registered trademarks, service marks or trade dress of their respective owners in the United States and/or other countries; (b) may not be used in connection with any product or service in any manner that is likely to cause confusion; and (c) may not be copied, imitated, or used, in whole or in part, without the prior written permission of the owner(s).
You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You agree to indemnify Buggy against all damages, settlements, costs and expenses (including attorneys’ fees) resulting from any claims of infringement or claims of personal injury or violation of other proprietary rights relating to materials submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website.
In addition, you agree not to use the Website to:
- Harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for any purpose;
- Use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
- Use automated scripts to collect information from or otherwise interact with the Website;
- Upload, post, transmit, share, store or otherwise make available any content that we deem in our sole determination to be harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, sexually explicit, sexually suggestive, fraudulent, invasive of privacy or publicity rights, hateful, racially objectionable, ethnically objectionable or otherwise unlawful or objectionable;
- Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity, unless you are expressly authorized to do so;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with Buggy or any person or entity;
- Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Review Buggy negatively online, such as Google, Facebook, Yelp etc while you are still using the service. Doing so jeopardizing the welfare of our community.
- Upload, post, transmit, share, store or otherwise make publicly available on the Website any of your own sensitive information, including, without limitation, address, phone number, e-mail address, Social Security numbers, credit card number or sexual behavior;
- Upload, post, transmit, share, store or otherwise make publicly available on the Website any private or sensitive information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers, credit card numbers, sexual behavior or sexual orientation;
- Solicit personal or sensitive information from anyone under eighteen (18) years of age, or solicit passwords, sensitive information or personally identifying information for commercial, objectionable or unlawful purposes;
- Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website;
- Intimidate, annoy or harass another;
- Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Use or attempt to use another’s account without authorization from Buggy l or create a false identity on the Website;
- Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Buggy, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Buggy or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by all Buggy codes of conduct when using the Website. Should you violate any of the above prohibitions, the limited license granted to you herein shall be immediately terminated and you must indemnify Buggy for any damages caused by your actions.
User Content Posted on the Website
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Website, or transmit to or share with other users (collectively, the “User Content”). You may not post, transmit, or share User Content on the Website that you did not create or that you do not have a license or permission to post. You understand and agree that Buggy may, but is not obligated to, review the Website and may delete or remove without notice any Website Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of Buggy violates this Agreement or any Buggy code of conduct. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to Buggy.
When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Buggy an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights. We do not routinely audit posted materials for intellectual property infringement. As such, if you have a good faith belief that any posting on the Website infringes your intellectual property rights, submit the following infringement notice to us at Buggy by email firstname.lastname@example.org, phone (305) 204-8849 or Buggy, 78 SW 7th Street, Miami, FL 33130
Notice of Claimed Infringement
78 SW 7th Street
Miami, FL 33130
I, the undersigned, state UNDER PENALTY OF PERJURY that I am the owner, or an agent authorized to act on behalf of the owner, of certain intellectual property rights (“IP Owner”). I have a good faith belief that the following materials on your website are not authorized by the IP Owner, its agent, or the law, and therefore infringe the IP Owner’s rights. These materials consist of:
[DESCRIPTION OF ALLEGEDLY INFRINGING MATERIALS]
The information in this notice is accurate. I can be contacted at:
Name of IP Owner:
Name and title of person alleging infringement:
City, State, and Zip:
When we receive the foregoing completed notification of alleged infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Buggy has adopted a policy of terminating, in appropriate circumstances and at Buggy’s sole discretion, access by users who are deemed to be repeat infringers. Buggy may also at its sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites, Partner Systems and Content
The Website contains links, or you may be sent through the Website, to other websites (“Third Party Websites”) or third party service providers (“Partners”) who operate websites or other systems in conjunction with the Website (“Partner Systems”), which contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third Party Content”). We do not investigate, monitor or check Third Party Websites, Partner Systems or Third Party Content for accuracy, appropriateness, completeness, offensiveness, opinions, reliability, privacy practices or other policies. As such, you agree that Buggy shall not be responsible for any Third Party Websites, Partner Systems or Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website, Partner System or any Third Party Content does not imply approval or endorsement thereof by Buggy. If you decide to leave the Website and access any Third Party Website or Partner System, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or system to which you navigate from the Website or which you use.
Buggy is not responsible or liable in any manner for any User Content, Third Party Websites, Partner Systems or Third Party Content. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website, and we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content, Third Party Websites, Partner Systems or Third Party Content. Buggy is not responsible for the conduct, whether online or offline, of any user of the Website.
The Website may be temporarily unavailable from time to time for maintenance or other reasons. Buggy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Buggy is not responsible for any technical malfunction or other problems of any network, website, computer system, software, e-mail, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will Buggy be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Website, any User Content, Third Party Websites, Partner Systems or Third Party Content posted on or through the Website or transmitted to users, or any interactions between users of the Website, whether online or offline.
THE WEBSITE IS PROVIDED “AS-IS” AND BUGGY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USER’S PURPOSE, SYSTEM INTEGRATION, NONINFRINGEMENT, SECURITY, NONINTERFERENCE, TITLE, AND/OR ACCURACY. BUGGY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. BUGGY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE, THE WEBSITE ITSELF OR ANY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE WEBSITE, ITS SERVERS, OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS, AND USE INDUSTRY-RECOGNIZED SOFTWARE TO BLOCK, DETECT, AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE WEBSITE AND ANY APPLICATIONS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Buggy reserves the right to change any and all content, software, and other items used in, contained in or linked through the Website at any time without notice. Reference to any products, Websites, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Buggy.
Limitation of Liability
IN NO EVENT WILL BUGGY OR ITS TRUSTEES, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, TRANSPORTATION SERVICE, ANY APPLICATIONS OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF BUGGY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BUGGY’S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BUGGY FOR USE OF THE WEBSITE, BUT IN NO CASE WILL BUGGY’S LIABILITY TO YOU EXCEED US$100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO BUGGY FOR YOUR USE OF THE SITE AND TRANSPORTATION SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BUGGY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
Buggy drivers can have the same reasons as motorists have for being late. Traffic delays, weather conditions, accidents, or driver illness are just a few reasons. Buggies also have mechanical breakdowns or "no Starts" that cause delays in picking students up on time. Buggy drivers must run the entire route in the morning regardless of any delays. By allowing your child to ride in a Buggy van you agree to indemnify and hold Buggy, its employees and affiliates harmless from and against any loss, liability, claims, demand, damages, cost, and expenses, including reasonable attorneys' fess, arising out of or in connection with lateness. You agree that lateness is not a qualified reason to terminate the contract.
During the school year, we take photographs of our service involving students to share Buggy's positive vibe and updates. By which incidentally, some photographs may capture your child's participation. These photos may be published throughout our website, ads, and social media pages. By allowing your child to ride in a van with streaming cameras, you consent for us to publish photos which may involve your child to the said platforms.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by you to Buggy are non-confidential and shall become the sole property of Buggy. Buggy shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
BUGGY PAYMENT AGREEMENT
You acknowledge and agree that your child will be enrolled as a student on Buggy ("Buggy") for the current school year, subject to general statements, rules, conditions, traditions, and financial terms contained in the following additional conditions and terms:
1) Due Date for Contract and Deposit: A signed copy of the Credit Card Authorization Form must be delivered to Buggy and a Payment/Deposit must be paid in order to assure the student a seat on Buggy. The Deposit will be credited towards the year's transportation fee. If the Credit Card Authorization Form is not received by Buggy and the Payment/Deposit is not paid, Buggy will be unable to assure the student a seat in the vehicle. If enrollment is permitted after Buggy’s school year commences, the Payment must be received upon enrollment. THE DEPOSIT/PAYMENT IS NOT REFUNDABLE UNDER ANY CIRCUMSTANCES.
2) Unconditional Obligation to Pay Transportation Fee: Should notice be given that a student is withdrawing from riding Buggy before the current Buggy’s school year commences, the Deposit (and all processed payment(s)) will be retained by Buggy. After commencement of Buggy’s school year, Buggy is not required to make any reduction in the full year's transportation fees as stated in the agreement schedule and the parent/under-signer of the credit card authorization form is obligated to pay the full transportation fee whether the student rides Buggy or not. Should you default on any payment obligation as called for in the non-refundable service agreement and authorization form, the entire remaining balance shall be deemed due and payable upon demand, and you agree to pay allowable interest, and all cost of collection, including, but not limited to, collection agency fees, court costs and attorneys’ fees. Should any monthly payment become more than 10 days past due, you will be charged a $29.00 late fee to cover additional administrative expenses and other expenses related to obtaining your payment. A $29.00 fee will be charged for all returned payments. (Consideration may be granted for families who move out of the area and for emergencies or involuntary withdrawal.) All students are enrolled for the entire year unless it is expressly signed and agreed upon in writing to the contrary.
3) Termination of Enrollment: Buggy has the right to terminate the enrollment of any student for any reason including, but not limited to, the student's performance, the student's conduct, parents conduct, or the student and/or family's inability to abide to the Buggy's policies, rules, regulations, or philosophy. Failure of parents to meet the Buggy's financial obligations is a cause for termination of enrollment.
4) The Buggy is not responsible for damage to or loss of personal property.
5) Should this contract need to be placed in the hands of any attorney and/or collection agency for enforcement, the undersigned of the Direct Debit (ACH) or credit card authorization form or initial payer, whichever comes first agrees to pay all costs of enforcement and/or collection that shall include, but are not limited to, reasonable attorney's fees and costs.
The terms of this contract have been read and agreed upon by visiting or using the website. The undersigner of the ACH or credit card authorization form or initial payer, whichever comes first is/are responsible for full payment of all financial obligations set forth in the payment schedule. Signatures are required on the credit card or ACH authorization form from all those who bear financial responsibility for fulfilling the terms of this contract.
Transportation Payment Option
The yearly fee for the Buggy’s service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your Direct Debit or Credit Card Authorization Form. Fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month.
Yearly payment made can be made according to one of the payment schedules below:
1) One Time Payment for the school year
2) Two Payments for the school year (Based on credit approval)
3) Four Payments for the school year (Based on credit approval)
4) Monthly Recurring payment for the school year (Based on credit approval)
To use the Buggy service you must provide one or more Payment Methods. You authorize us to charge any Payment Method provided in case your primary Payment Method is declined or no longer available to us for payment of your fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the buggy until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
Updating your Payment Methods: You can update your Payment Methods by email email@example.com. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Children Under 13
If you are under 13 years of age, you are required to have your parent or guardian register or input personally identifiable information on your behalf. Buggy will not contact children under age 13 for marketing purposes without their parent's permission. Buggy will not, as a condition of use of the Website, ask a child under age 13 for more personally identifiable information than is reasonably necessary to use the Website. You agree that Buggy shall not be responsible for the actions or inaction of any Partner or any individual or entity Buggy does not employ.
Child Abuse and Neglect Reporting Requirements
Child Abuse or Neglect is defined in s.39.201, F.S., as “harm or threatened harm” to a child's health (mental or physical)or welfare by the act or omissions by a parent, adult household member, other person responsible for the child's welfare or for purposes of reporting requirement by any person. Categories include:
- Physical Abuse or Neglect (i.e. unexplained bruises, hunger, lack of supervision)
- Emotional Abuse or Neglect (i.e. impairment in the ability of function, depression) and
- Sexual Abuse (i.e. withdrawals, excessive crying, physical symptoms)
Reports must be made immediately to the Florida Abuse Hotline Information System by
- Telephone at 1-800-96-ABUSE (1-800-962-2873)
- Fax at 1-800-914-0004, or
- Online at http://www.dcf.state.fl.us/abuse/report/
Failure to perform duties of a mandatory reporter pursuant to s. 39.201, F.S. constitute a violation of the standard in ss. 402.301-319, F.S. and is the first-degree misdemeanor. Remember, it is the responsibility of each staff member at Buggy to report suspected abuse and/or neglect. All reports are confidential. However, persons who are mandated reporters (personnel) are required to give their names when making a report.
- It is important to give as much as identifying and factual information as possible when making a report.
- Any person, when acting in good faith, is immune from liability in accordance with s. 39.203(1)(a), F.S.
- For more information about child abuse and neglect, visit the Department's website at www.myflorida.com/childcare and select “Training requirements.”
The department offers a 4-hour Identifying and Reporting Child Abuse and Neglect course for care providers. This course is an overview of the various types of abuse and neglect, indicators that may be observed, the legal responsibility of mandatory reporters, and the proper procedure for reporting abuse and neglect, as required by ss. 402.305(2) and 402.313(1), F.S. The course is offered both online and instructor-base throughout Florida.
By accessing or using the Website, you signify that you have read, agree and understand The obligations of buggy personnel as it relates to Child Abuse and Neglect and Reporting as stated above.
Information Sharing and Disclosure
Buggy does not rent, sell, or share personally identifiable information about users with other people or non-affiliated entities, except to provide our services, or under the following circumstances:
- We will provide personally identifiable information in response to subpoenas, court orders, or legal process, or to exercise our legal rights or defend legal claims.
Buggy maintains physical, electronic, and procedural safeguards to protect your personally identifiable information. We use commercially reasonable tools and techniques to protect against unauthorized access to the Website. You agree that Buggy shall not be liable for its or any Partner’s security safeguards.