Terms of Service

The Permission Click terms and conditions is made up of:

• Terms of Use
• Service Terms & Conditions

The Permission Click Privacy Policy can be found here.

These Terms of Use and our Privacy Policy, together with any amendments and any additional agreements you may enter into with Permission Click in connection with the Service, shall constitute the entire agreement between you and Permission Click concerning the Service.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

This website is operated by Permission Click Inc.) (“Permission Click”, “we” or “us”) under the domain name permissionclick.com (the “Website”).

These terms of use (as varied by Permission Click from time to time) (“Terms of Use”) govern the use of the Website and software provided on or in connection with the Permission Click software and related services (“Services”) and will apply to all visitors, users and others who access it (“Users”). By accessing, browsing and/or using the Website, you will be deemed to have read, understood and agreed to these Terms of Use. If you do not wish to be bound by these Terms of Use, you must immediately discontinue accessing, browsing and/or using the Website and you must not access, browse and/or use the Website or Services again in the future.

Permission Click provides a place for educators, school administrators, not-for-profits and other organizations to manage electronic or digital documents, forms, data, information, and content (“eRecords“) and collect electronic signatures from teachers, staff, parents, and third parties and collect payments from parents for events.

You may use the Services only if you agree to and comply with these Terms of Use and all applicable state, national, international laws, rules and regulations. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of these Terms of Use.

The Services is not available to any Users previously removed from the Services by Permission Click. You agree and understand that Permission Click may prevent or restrict your access to the Website for any technical, security or other reason at Permission Click’s sole and absolute discretion.

Customers who purchase subscriptions to the Services are also bound by Permission Click’s Service Terms and Conditions.

Any personal information we collect on the Website is governed by our privacy policy (“Privacy Policy”) which can be found at permissionclick.com/privacy-policy/. Users must provide us with accurate, up to date, and accurate information.

Subject to the terms and conditions of these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable licence to use the Services (as permitted by the service option you have selected and the features of the service option). Permission Click reserves all rights in the Services not expressly granted herein and in the Permission Click Content (as defined below). Permission Click may terminate this licence at any time for any reason or no reason.

Your Permission Click account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Permission Click account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity’s behalf. By connecting to Permission Click with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service.

If a third party such as an employer provides you with an account, that party has administrative rights to your account and may manage your account, reset your password, suspend or cancel your account, view your account’s usage and profile data, including how and when your account is used, and read, store, or delete the eRecords associated with your account.

If you use the Services in the course of providing services or performing your duties for or on behalf of an educational institution or other organization, whether or not such educational institution or organization provided you with your Permission Click account, we may share any eRecords or other data and information associated with your account with the institution or organization for which you provide services, and you expressly consent to such sharing of eRecords and information. By using the Services in any manner, you represent and warrant that you have all necessary consents to so use the Service, including without limitation, permission from the institution or organization for which you are providing services and all necessary consents to process any personal information through your account.

If you are an individual User of the Services and the domain of the primary email address associated with your account is owned by an organization or institution, such as a school, and was assigned to you as an employee, contractor or member of such organization or institution, and that organization or institution wishes to establish a relationship with us and add your account to such relationship, then, if you do not change the email address associated with your account, your account may become subject to the relationship between Permission Click and such organization and controlled by such organization. By continuing to use your account after such relationship has been established, you agree to any terms and conditions associated with that relationship. You acknowledge and agree that such organization will have access to any eRecords and other records that are associated with your account.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, symbols and is more than eight (8) characters in length) with your account. You must notify Permission Click immediately of any breach of security or unauthorized use of your account. Permission Click will not be liable for any losses caused by any unauthorized use of your account.

By providing your email address to Permission Click you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers and direct marketing messaging. If you do not want to receive such email messages, you may opt out by unsubscribing from our mailing list using the features of the Service. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Permission Click will not be liable for any consequences of you unsubscribing and not receiving such email messages.

You agree not to engage in any of the following prohibited activities:

1. copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
2. using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Permission Click servers than a human can reasonably produce in the same period of time by using a conventional, reasonable, human method of access, such as a web browser;
3. transmitting spam, chain letters, or other unsolicited email;
4. attempting to interfere with, compromise the system integrity, privacy or security or decipher any transmissions to or from the servers running the Service;
5. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
6. uploading invalid data, viruses, worms, or other software agents through the Service;
7. collecting or harvesting any personally identifiable information, including account names, from the Service;
   using the Services for any commercial solicitation purposes;
8. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
9. interfering with the proper working of the Service;
10. accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
11. bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; or
12. committing any illegal act or omission, behaving inappropriately towards or with other Users, organizations or individuals, or breaching or impacting the privacy of other Users or individuals.

We may, without prior notice, change the Service; stop providing the Services or features of the Service, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice if in our sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination, you continue to be bound by these Terms of Use.

You are solely responsible for your interactions with other Permission Click Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Permission Click shall have no responsibility or liability for your interactions with other Users, or for any User’s action or inaction.

The Services allows you to create, store, and transmit eRecords. Permission Click claims no ownership rights over the eRecords created, stored, or transmitted by you. The eRecords you upload to or transmit through the Services remain yours; however, by uploading, transmitting, and distributing eRecords through the Service, you agree to allow others to view, edit, and/or distribute your eRecords in accordance with your settings and these Terms of Use.

You are solely responsible for all eRecords you upload, transmit, or otherwise make available on or through the Services and for any eRecords that other Users make available or transmit through your account, and you represent and warrant that you have all necessary rights to use such eRecords through the Service.

While eRecords are stored in an encrypted database, you acknowledge and agree that Permission Click will not be responsible or liable for any failure of the Services to secure eRecords, or for the corruption of or loss or any data, information or content comprising or contained in any eRecords.

Permission Click does not control, verify, or endorse any eRecords that you make available over the Service, and you acknowledge and agree that you shall be solely responsible and liable for any use of or access to your eRecords and any data, content, or information contained therein.

You agree to only upload, transmit, distribute, or make available eRecords:

1. that you have the lawful right to use, copy, distribute, transmit, or display; and
2. that do not infringe the law.

You further agree not to upload, transmit, distribute, or make available eRecords that:

1. may create a risk of or actual or threatened harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
2. may create a risk of, or actual or threatened, loss or damage in any other form to any person or property;
3. seek to harm or exploit or actually harm or exploit children by exposing or threatening to expose them to inappropriate content, asking for personally identifiable details or otherwise;
4. may constitute or contribute to a crime or tort or violate any law, rule, or regulation;
5. contain any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, discriminatory, invasive of privacy or publicity rights, harassing, bullying, humiliating or offensive to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable;
6. contain any information or content that is illegal (including, without limitation, the disclosure of insider information under corporations or securities law or of another party’s personal information, intellectual property, confidential information or trade secrets);
7. contain any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
8. contain any information or content that you know is not correct and current.

For the purposes of these Terms of Use, “Intellectual Property Rights” means all industrial and intellectual property rights throughout the world including all copyright right and analogous rights, rights in relation to inventions or discoveries, including patent rights, designs, circuit layouts, trade names, brand names and registered and unregistered trademarks, including service marks and moral rights.

We provide functionality that allows you to control who may access and distribute the eRecords associated with your account. If you have been granted administrative rights to your account, you may control access to any eRecords associated with that account as permitted by the functionality of the Services option you have selected.

If you or other Users authorized to use your account choose to transmit any eRecords to any third parties, those third parties will be able to view, access, and copy your eRecords. You acknowledge that you are solely responsible and liable for any sharing of eRecords with any third parties by you or through your account, and you expressly relieve Permission Click of any responsibility or liability arising from any transmission of eRecords through your account.

Subject to your account settings, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, reproduce, display, transmit, and distribute your eRecords on and through the Services for the purposes of operating and providing the Services to you and our Users.

Subject to your account settings, you also hereby grant to Permission Click and to each User of the Service, a non-exclusive licence to access, use, reproduce, transmit, distribute and display your eRecords as permitted by the functionality of the Services option you have selected.

Permission Click takes no responsibility and assumes no liability for any eRecords that you or any other User or third party uses in connection with, or sends over, the Service. You are solely responsible and liable for your eRecords and the consequences of sharing or transmitting such content and information, and you agree that we are only acting as a passive conduit for your distribution and transmission of your eRecords. You understand and agree that Permission Click shall not be responsible or liable for any damages, costs or losses you incur as a result of any eRecords.

The Services provide functionality that allows Users to electronically sign eRecords as an intended substitute for a physical signature (“eSignature “).

By using the eSignature function, you agree to transaction business electronically using eRecords and eSignatures in place of using paper documents and wet-ink signatures. You are not required to view or sign documents electronically. You may request paper documents or withdraw your consent at any time as provided below. Please note that any withdrawal of consent will not void any electronic transactions you have previously entered into.

You may obtain a paper copy of the eRecord at any time by printing the eRecord. You may also request a paper document or discuss other signing options by emailing or otherwise contacting the sending party. You are solely responsible for ensuring that your contact information is current and for any delay resulting from a failure to update your contact information. Please note that there may be fees associated with using paper documents and these fees will be your sole responsibility. In general, the Services will automatically send both parties a fully executed copy of the eRecord processed through the Service. However, we cannot guarantee that the signed eRecord will reach both parties. You are solely responsible for confirming that the receiving party signed the eRecord.

You understand that by using an eSignature to sign an eRecord, you are expressing your acceptance of the terms and conditions contained within the eRecord. You should read any eRecord carefully before applying your eSignature. You agree that you are solely responsible for any eRecord to which you apply your eSignature and for any consequences and legal obligations arising therefrom.

You may withdraw your consent to transact electronically at any time by ceasing any and all use of the eSignature service and notifying the other party.

The minimum hardware/software requirements to utilize the eSignature service are an Internet-connected computing device with a web browser that has JavaScript enabled. If you wish to utilize the eSignature service it is your sole responsibility to ensure that your device meets and continues to meet the minimum requirements.

While Permission Click may provide options for supporting identity verification, Permission Click does not have the capability to verify the identity or the authority of an eRecord signatory. You are solely responsible for verifying the identity of each other signatory to an eRecord. Permission Click does not certify the validity, completeness, or enforceability of any executed eRecord.

The Services also provides Users with the ability to contribute form templates to the Services for use by other Users (“Templates“). You agree to only upload, transmit, distribute, or make available Templates:

1. that you have the lawful right to use, copy, distribute, transmit, or display; and
2. that do not infringe the Intellectual Property Rights or violate the privacy rights of any third party.

By choosing to contribute any templates, you grant Permission Click a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Templates, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Permission Click’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each User of the Services a non-exclusive licence to access your Templates through the Service, and to use, reproduce, distribute, display and perform such Templates as permitted through the functionality of the Services and under these Terms of Use.

You agree that you are solely responsible and liable for any Templates you provide to the Service.

If you are an organization or institutional User of the Service, you expressly grant, and represent and warrant that you have all rights necessary to grant, to Permission Click, a royalty-free, sub-licensable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, publish, edit, and distribute the name, logo, or any other identifying words or marks used by and/or associated with you to identify you (“School Marks“), in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services to identify you as a customer of Permission Click.

For the avoidance of doubt, Permission Click may use the School Marks in connection with case studies relating to the Service, promoting and marketing the Service, and creating and distributing reports containing aggregate usage data and efficiency metrics. Unless otherwise approved in writing by you, Permission Click will not obscure or alter any such School Marks. Permission Click acknowledges that all goodwill generated through our use of any School Marks will inure to your benefit and we hereby assign and will assign to you any and all goodwill generated through our use of any School Marks, without any payment or other consideration of any kind to us.

You agree to use the Services solely in compliance with all laws, rules and regulations including without limitation any privacy laws and other laws relating to the processing, collection, use, or disclosure of personal information or records in your jurisdiction, state or territory (“personal information laws”).

You represent and warrant that you have all necessary rights and permissions to provide any and all information and content, including without limitation any personal information and other information or content contained in or comprising any eRecords or Templates, to Permission Click.

You acknowledge and agree that you shall be solely responsible for obtaining all necessary consents to process, store, and transmit any such information or content through the Service. This includes, without limitation, any consents required from parents, students, individuals or other organizations. You further acknowledge and agree that you will be solely responsible for complying with personal information laws in connection with your use of the Services and Permission Click’s provision of the Services to you.

If you or your end users are located in the European Economic Area, you represent and warrant that you have informed Permission Click and agree to enter our Data Processing Agreement available here, as required under the European Union General Data Protection Regulation (GDPR).

We may make available software to access the Services via a mobile device (“Mobile Software“). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service.

Permission Click does represent nor warrant that the Mobile Software will be compatible with your mobile device. Permission Click hereby grants you a non-exclusive, non-transferable, revocable licence to use a compiled code copy of the Mobile Software for one Permission Click account on one mobile device owned or leased solely by you, for your personal use. You may not:

1. modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
2. rent, lease, loan, resell, sub-licence, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
3. make any copies of the Mobile Software;
4. remove, circumvent, disable, damage or otherwise interfere with security related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
5. delete the copyright and other proprietary rights notices on the Mobile Software.

You acknowledge that Permission Click may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such upgrades. Any third party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party licence EULA, if any, authorizing use of such code. The foregoing licence grant is not a sale of the Mobile Software or any copy thereof, and Permission Click or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Use, is void. Permission Click reserves all rights not expressly granted under these Terms of Use.

The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that these Terms of Use is solely between you and Permission Click, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof.

Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to Permission Click as provider of the software.

You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to:

1. product liability claims;
2. any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Use and any law applicable to Permission Click as provider of the software.

You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Permission Click, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

You and Permission Click acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as relates to your licence of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as relates to your licence of the iTunes-Sourced Software against you as a third party beneficiary thereof.

Except for your eRecords and Templates, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and eRecords belonging to other Users (the “Permission Click Content“), and all Intellectual Property Rights related thereto, are now and will remain the exclusive property of Permission Click and its licensors.

Except as expressly provided herein, nothing in these Terms of Use shall be deemed to create a licence in the Permission Click Content or under any Intellectual Property Rights. You agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Permission Click Content. Use of the Permission Click Content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Services or our products (“Ideas“). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Permission Click under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation or consultation with you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

You further acknowledge that, by acceptance of your submission, Permission Click does not waive any rights to use similar or related ideas previously known to Permission Click, or developed by its employees, or obtained from sources other than you.

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Any professional information (for example but not limited to medical, legal, or financial information) made available on the Service, including without limitation any information contained within any eRecord or Template, is for informational purposes only and is not intended to be nor should it be construed as professional advice. Permission Click is not responsible or liable for any professional information made available on the Services and no action should be taken in regards to any professional information contained in the Service. Users should seek independent professional advice from a person who is licenced and/or qualified in the applicable area before relying on any information or Template or signing any eRecord or Template found on the Service.

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure and handling of personally identifiable information and aggregate data as set forth in our Privacy Policy.

You represent to Permission Click that:

1. you are now and will remain in compliance with all applicable privacy laws;
2. you have obtained all necessary rights and consents under applicable laws to:
   • • disclose personal information to Permission Click; or
     • allow Permission Click to collect, use, retain and disclose any data or personal information that you provide to us or authorize us to collect, including information that we may collect directly from you or other individuals or if a school/organization by your end users via cookies or other means,
     • and that Permission Click will not be in breach of any such laws by collecting, receiving, using and disclosing such personal information in connection with the Service.

If you receive information about others, through the use of the Service, you must keep such information confidential, observe the privacy of that information and those individuals, and only use it in connection with the Service. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the User to do so.

If you request that Permission Click permanently delete any data, eRecords or Personal Information related to your account or end users, you agree that Permission Click shall have no liability for your inability to access such data.

Permission Click uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings and meets and will continue to meet its privacy and data security and reporting obligations. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or will never be able to use your personal information for improper purposes.

If you upload or transmit confidential, personal information, trade secrets, or other sensitive or restricted content on the Service, you are solely responsible for implementing safeguards beyond the security measures provided by Permission Click. You acknowledge that you upload or transmit this information at your own risk.

The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Permission Click. Permission Click does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that neither these Terms of Use or Permission Click’s Privacy Policy applies to your use of such sites, advertisements, services, special offers, events or activities.

You expressly relieve Permission Click from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Permission Click is not responsible or liable for any loss or damage of any sort relating to your dealings with such third parties.

To the maximum extent permitted by law, you agree to indemnify and forever hold Permission Click, its associates, related bodies corporate, representatives including directors, officers, employees, agents, contractors and sub-contractors harmless from any claim or demand made by any third party due to or arising out of:

1. your use of and access to the Service, including any personal information, data or content transmitted or received by you or through your account;
2. your violation of any term of these Terms of Use, including without limitation your breach of any of the representations and warranties above;
3. your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
4. any violation of any applicable law, rule or regulation by you or by any User or any violation of the rights of a third party;
5. any claim or damages that arise as a result of any of your eRecords or Templates or any eRecords or Templates that are submitted via your account;
6. your failure to obtain any necessary consents to provide any personal information to Permission Click or to other Users, individuals or organizations via the Service; or
7. any other party’s access and use of the Services with your unique username, password or other appropriate security code.

Each indemnity in these Terms of Use is a continuing obligation, separate and independent from your other obligations and survives termination of these Terms of Use.

While Permission Click makes and strives to provide secure and continuous connectivity and internet access, Permission Click will not be responsible or liable for any direct or indirect loss or consequential damage, including among other things, have occurred as a result of any events or acts leading to interruptions in internet connectivity, transmission of signals, server breakdown, systems crashing, hacking, servicing and other events or acts.

You will not hold Permission Click responsible for Users’ actions or inactions, including acts or things as a result of which there may be loss or connectivity and/or loss of data furnished.

Further, while secure and continuous access to the Websites is sought to be provided. Permission Click does not guarantee continuous or secure access to the Websites and operation of the Websites, as the same may be interfered by numerous factors outside the control of Permission Click. Accordingly, to the extent legally permitted, Permission Click excludes all implied warranties, terms and conditions in relation to the use or access of the Websites.

Permission Click and its associates, related bodies corporate, representatives including directors, officers, employees, agents, contractors and sub-contractors are not liable for any loss, including any special, indirect or consequential loss or damages arising out of your use of the Website.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERMISSION CLICK OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PERMISSION CLICK, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

PERMISSION CLICK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PERMISSION CLICK SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PERMISSION CLICK WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERMISSION CLICK, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL PERMISSION CLICK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERMISSION CLICK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL PERMISSION CLICK, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PERMISSION CLICK HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PERMISSION CLICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The use of the Websites, Services and these Terms of Use are governed by the laws of the province of Manitoba, Canada and the applicable federal laws therein.

THIS PARAGRAPH CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW CAREFULLY.

Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the content of Websites, the Permission Click Products and/or the provision of Services, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration.

Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum.

The arbitration shall be conducted by one arbitrator in English and in accordance with the Canadian Arbitration Association Arbitration Rules, which shall administer the arbitration and act as appointing authority (unless another arbitrator is mutually agreed by Permission Click and you). The place of the arbitration shall be Winnipeg, Manitoba.

The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine.

Notwithstanding the foregoing, if you bring a claim subject to arbitration, Permission Click, if so requested by you, will pay the cost of fees and deposits imposed upon you by the Canadian Arbitration Association or other arbitrator to the extent that such cost exceeds the amount you would have had to pay as filing fees and initial court costs if you had filed suit in a court of competent jurisdiction.

The decision of the arbitrator may be entered in any court of competent jurisdiction. You agree to submit to the jurisdiction of the provincial and federal courts in Manitoba for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Permission Click may seek preliminary injunctive relief from a court of law in the event of a breach by you.

These Terms of Use, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Permission Click without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Permission Click may vary these Terms of Use at any time. In the event that Permission Click varies these Terms of Use, Permission Click will provide notice by publishing the varied Terms of Use on the Website. You accept that by doing that, Permission Click will have provided you with sufficient notice of the variation of the Terms of Use and that you will be bound by the Terms of Use as varied.

These Terms of Use, together with any amendments and any additional agreements you may enter into with Permission Click in connection with the Service, shall constitute the entire agreement between you and Permission Click concerning the Service.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

The failure, delay, relaxation or indulgence on the part of Permission Click in exercising any power, right or remedy conferred upon Permission Click by these Terms of Use will not operate as a waiver of that power, right or remedy, nor will the exercise or any single or partial exercise of any power, right or remedy preclude any other or further exercise of such power, right or remedy or the exercise of any other power, right or remedy in these Terms of Use.

It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

Please contact us with any questions regarding these Terms of Use.
Email: hello@permissionclick.com (Canada, USA, and International)

These Service Terms and Conditions between Permission Click (“Permission Click”, “we” or “us”) and you (“Customer”) govern your use of the Services if you subscribe to the Services and do not have a written Partnership Agreement with Permission Click. By paying the fees specified in the invoice, you agree to these Service Terms and Conditions, the Terms of Use and the Privacy Policy.

“Authorized Contact” means a representative authorized by Customer to assist with the configuration and activation of the Services and request changes to the Services in accordance with these terms and conditions.

“Customer” means the school or other organization that has placed an Order for Services and to whom an Invoice will be issued.

“Customer Equipment” means Customer owned hardware installed on the Customer Premises enabling access to the Permission Click Portal and the Services.

“Customer Network” means the entire network the Customer has defined as in-scope for access to the Services from the Customer Premises. Customer Network may include different physical locations and/or physical pieces of Customer Equipment.

“Customer Premises” means the physical address where Services are to be accessed by the Customer.

“Effective Date” means the commencement date for the Services as specified in the Order.

“Fees” means the fees for the Services specified in an Invoice.

“Intellectual Property Rights” means all industrial and intellectual property rights throughout the world, including all copyright and analogous rights, rights in relation to inventions or discovering, including patent rights, designs, circuit layouts, trade names, brand names, registered and unregistered trademarks including service marks and moral rights.

“Invoice” means the tax invoice issued to the Customer by Permission Click in respect of an Order and specifying the Services that will be provided and the Fees.

“Order” means an order placed by the Customer for the Services.

“Permission Click Portal” means the internet-based portal where the Services are accessed via a software-as-a-service model by the Customer and Users.

“Permission Click” means Permission Click Inc. and any of its affiliates.

“Privacy Policy” means Permission Click’s privacy policy which can be found at permissionclick.com/privacy-policy.

“SafePay” means Permissions Click’s Payment Processing Service (as defined in section 2.4) called SafePay which enables online payment collection through the District Edition and School Edition portals.

“Services” means services delivered by Permission Click via the Permission Click Portal to the Customer as specified in an Order and provided subject to these Service Terms and Conditions.

“Service Terms and Conditions” means these terms and conditions.

“Term” means a period of 12 months, 24 months or 36 months (as agreed between the parties and specified in the Invoice) commencing on the Effective Date.

“Terms of Use” means the terms of use governing the use of the Website and the Services which can be found here.

“Users” means individuals who are authorized by Customer to use the Services subject to the Terms of Use, and who have been supplied user identifications and passwords by Customer.

“Website” means permissionclick.com.