First Student, Inc. (“First Student”) is providing to you a school bus tracking software application, FirstView App (the “App”), conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. The registration of your child(ren) for this service and your use of the FirstView App and/or its related software (collectively, the “FirstView Product”) constitutes your agreement to all such terms, conditions, and notices. Please review this Agreement carefully as these terms form a binding agreement between you and First Student regarding your use of the FirstView Product.
You will need a FirstView account in order to use the FirstView Product. To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. First Student suggests you use a unique password that you do not currently use for any other device or account and that you do not use it on any future device or account. In registering, you represent and warrant that any information you provide about yourself and your child(ren) is true and that you will keep us updated as to any change in that information, and that you have the legal authority as the parent or legal guardian to give us information about the subject child(ren). You may delete your account at anytime in your Profile or by submitting a request to Customer Support.
About FirstView Software
First Student may update its software automatically on your device once a new version or feature is available. You may also choose to adjust your automatic update settings.
Use of the FirstView Product
First Student grants you a non-exclusive, non-transferable license to access the App and to download and use the FirstView software.
Restrictions on Use
You may only use the FirstView Product as permitted by law and the terms of this Agreement. Unless you have received prior written authorization from First Student, you agree not to: (a) modify, translate, copy or make derivative works of the FirstView Product or any part thereof; (b) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the FirstView Product available to third parties; reverse engineer, decompile or otherwise attempt to extract the source code of the FirstView Product or any part thereof, unless this is expressly permitted or required by applicable law; (d) delete, obscure, or in any manner alter any warning or link that appears in the FirstView Product, or (e) use the FirstView Product in a way that distracts you and prevents you from obeying traffic or safety laws while operating a motor vehicle.
You agree not to access the FirstView Product using a method other than the interface and the instructions that First Student provides. You may use the FirstView Product only as permitted by law, and First Student may suspend or stop providing the FirstView Product to you if you do not comply with First Student’s terms or policies, if First Student is investigating suspected misconduct or if your child’s school district directs First Student to disable your access.
Appropriate Conduct; Compliance with Law and First Student Policies
You agree that you are responsible for your own conduct and content while using the FirstView Product, and for any consequences thereof. You agree to use the FirstView Product only for purposes that are proper and in accordance with the terms of this Agreement and any applicable policies or guidelines First Student may make available. By way of example, and not as a limitation, you agree that when using the FirstView Product, you will not (a) impersonate another person or entity, (b) create user accounts by automated means or under false or fraudulent pretenses; or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
First Student Warranty Disclaimers, Limitation on Damages, and Indemnification Provisions
First Student provides the FirstView Product using a commercially reasonable level of skill and care. But there are certain things First Student does not promise about the FirstView Product.
OTHER THAN EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, FIRST STUDENT DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE FirstView Product. FOR EXAMPLE, FIRST STUDENT DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE FirstView Product, THE SPECIFIC FUNCTIONS OF THE FirstView Product, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE FirstView Product “AS IS.”
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT FIRST STUDENT’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND FIRST STUDENT’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, FIRST STUDENT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE FirstView Product IS AT YOUR SOLE RISK AND THAT THE FirstView Product IS PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, FIRST STUDENT, ITS SUBSIDIARIES, PARENT AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE FirstView Product WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE FirstView Product WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; THE INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE FirstView Product WILL BE ACCURATE OR RELIABLE, INCLUDING ANY INFORMATION REGARDING THE ESTIMATED LOCATION OF A STUDENT’S SCHOOL BUS. TRAFFIC CONDITIONS, WEATHER CONDITIONS AND REFRESHING OF GPS INFORMATION ARE SOME OF THE FACTORS WHICH CAN RESULT IN INACCURACIES OF THE INFORMATION PROVIDED ; OR (d) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE FirstView Product WILL BE CORRECTED.
ANY USAGE OF THE FirstView Product IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIRST STUDENT, OR THROUGH OR FROM THE FirstView Product, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIRST STUDENT, ITS PARENT, ITS SUBSIDIARIES, AND AFFILIATES, AND FIRST STUDENT’S LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO: CONTRACT, TORT, COMMON LAW, OR STATUTORY DAMAGES; ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS); OR
(b) ANY LOSS OR DAMAGE AS A RESULT OF: (i) ANY RELIANCE PLACED BY YOU ON THE FirstView Product, (ii) ANY CHANGES THAT FIRST STUDENT MAY MAKE TO THE FirstView Product, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE FirstView Product (OR ANY FEATURES WITHIN THE FirstView Product); (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE FirstView Product; (iv) YOUR FAILURE TO PROVIDE FIRST STUDENT WITH ACCURATE ACCOUNT INFORMATION; OR (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FIRST STUDENT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, TO THE EXTENT THE APPLICABLE STATE LAW DOES NOT ALLOW FOR THE DISCLAIMER OF THE SAME, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE FirstView Product.
THE LIMITATIONS ON FIRST STUDENT’S LIABILITY TO YOU SET FORTH HEREIN WILL APPLY WHETHER OR NOT FIRST STUDENT, ITS SUBSIDIARIES, PARENT, AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
Copyright and Trademark Notices
All contents of the FirstView Product are: Copyright 2016 by First Student and/or its suppliers. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Links to Other Websites
The FirstView Product may contain links which can connect you with other websites that are not under the control of First Student. The appearance of a link on this site to another website does not imply that First Student is responsible for the contents of any linked website or that First Student endorses such content.
First Student may modify these terms or any additional terms that apply to the FirstView Product to, for example, reflect changes to the law or changes to the FirstView Product. Changes will not apply retroactively and will become effective no sooner than they are posted. However, changes addressing new functions for or changes to the FirstView Product made for legal reasons will be effective immediately. If you do not agree to the modified terms for the FirstView Product, you should discontinue your use of the FirstView Product.
All of the Terms herein control the relationship between First Student and you with respect to the FirstView Product. They do not create any third party beneficiary rights. If you do not comply with these terms, and First Student does not take action right away, First Student does not waive any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms herein.
The laws of the State of Ohio will apply to any disputes arising out of or relating to the terms of this Agreement or the FirstView Product. All claims arising out of or relating to the terms of this Agreement or the FirstView Product will be litigated exclusively in the federal or state courts of Hamilton County, Ohio, and you and First Student consent to personal jurisdiction only in those courts.