BETA TESTING AGREEMENT
Accepting this Terms
The Beta Software is copyrighted to SELFME, LLC and it is made available to users under this Agreement for testing purposes only. This Beta service Mashtopatoes has not been released for sale, distribution or usage for the general public and will be referred to as “Beta Software” from here on.
By submitting your full name at the end of this beta testing agreement, by executing a written copy of this Agreement, copying or otherwise using the Beta Software, users are considered to have read and agreed to be bound by the terms of this Agreement. If a user is not willing to be bound by the terms of this Agreement, do not use the Beta Software.
Mashtopatoes reserves the right to update this Agreement at any time without any prior notice to users. The applicable and most current version of this Agreement is at users disposal on https://www.mashtopatoes.com/privacy/
THE BETA SOFTWARE of Mashtopatoes HEREUNDER IS STILL IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. USERS ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA LICENSED SOFTWARE AND/OR ACCOMPANYING MATERIALS.
It is expressly understood, acknowledged and agreed that users shall, regardless of whether or not formally requested to do, provide to Mashtopatoes reasonable suggestions, comments and feedback regarding the Beta Software, including but not limited to usability, bug reports and test results (collectively, “Feedback”). If a user provides such Feedback to Mashtopatoes, the user shall grant SELFME LLC. the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights:
to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Mashtopatoes product, technology, service, specification or other documentation (individually and collectively, " Mashtopatoes ");
to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Mashtopatoes Product; and
Further, users warrants that its Feedback is not subject to any license terms that would purport to require Mashtopatoes to comply with any additional obligations.
Except as otherwise specifically permitted in this Agreement, users may not
copy, modify, create or any derivative works of any Beta Software or documentation.
remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or
Beta Software Product Support
Mashtopatoes is under no obligation i) to provide any technical support under the terms of this agreement ii) to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Beta Software, and iii) provides no assurance that any specific errors or discrepancies in the Software will be corrected.
Limit of Liability
IN NO EVENT WILL MASHTOPATOES BE LIABLE TO USERS OR ANY PARTY FOR – WITHOUT LIMITATION – ANY LOSS OF USE; INTERRUPTION OF BUSINESS; OR ANY DIRECT; INDIRECT; SPECIAL; INCIDENTAL; EXEMPLARY OR PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT; TORT (INCLUDING NEGLIGENCE); STRICT PRODUCT LIABILITY OR OTHERWISE; WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE BETA SOFTWARE EVEN IF MASHTOPATOES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Illinois, without regard to Illinois's conflict or choice of law provisions.
This Agreement is a legal agreement and constitutes the complete and exclusive agreement between the users and MASHTOPATOES with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by Licensee and an authorized representative of MASHTOPATOES.
Changes to these Terms
Mashtopatoes reserves the right to modify these Terms at any time. The Service may need to change these Terms in the event of a new feature or for some other reason. In the event of a change in the Terms, the changes are effective the day of posting or after we post such revised Terms (indicated by revising the date at the top of these Terms). It is the user responsibility to check Mashtopatoes website for any changes or modifications to the Terms of Service. If you continue to use the Service after the revised Terms of service go into effect, then you have accepted the changes to these Terms of Service.
Mashtopatoes Connects Parents with Parents
Mashtopatoes Platform is a service that enables the connection between Clients and Providers. “Clients” are the individuals that need help with transportation, care, tutoring, etc. and “Providers” are the individuals that can help provide transportation, care, tutoring, etc. Clients and Providers together are hereinafter referred to as “Users.” If you agree on the terms of a service with another User, then you and the other User form a Service Agreement directly between the two of you.
THIS COMPANY DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. COMPANY DOES NOT SUPERVISE, DIRECT OR CONTROL A PROVIDER WORK IN ANY MANNER, WHICH PROVIDER HEREBY ACKNOWLEDGES.
Mashtopatoes only enables connections between Users for the fulfillment of the service. The Company is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of services, Providers, Clients, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. The Company makes no representations about the suitability, reliability, timeliness, or accuracy of the services requested and services provided by Users identified through the Mashtopatoes users connections whether in public, private, or offline interactions.
Each person is fully responsible for choosing the service provider for themselves or their families and for meeting any standard with employment relationship law.
The schools or school districts are not liable and does not have anything to do with Mashtopatoes or the parents interactions while using the platform.
The Service Offers a Venue
Transactions Are Between Users; Release
The Service may be used to help obtain or offer services provided by Users. Nevertheless, Users transact solely between themselves, and Mashtopatoes is not a party to any transactions between Users. Mashtopatoes hereby expressly disclaims, and you hereby expressly release Mashtopatoes from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to disputes, dealings, or interactions between you and any other Users or third parties.
By using the Service, you understand and agree that Mashtopatoes may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Mashtopatoes may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Service. In addition, you must immediately discontinue the use of the Service if at any time you no longer meet the Eligibility Conditions. If Mashtopatoes becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion.
Teen Provider's, Parent Registered Users, and Parent Monitored Accounts
If you are fourteen (14) to seventeen (17) years of age and would like to participate in Mashtopatoes as a Teen Provider, you may register to use the Site and Services but only if your parent or legal guardian consents to your registration through the Mashtopatoes site and also becomes a registered user (a “Registered Parent"). Registered Parents will receive a copy of all communications between the Teen Provider and other Users as well as a copy of all emails Mashtopatoes sends to the Teen Provider. Registered Parents may respond to communications sent by other Users to the Teen Provider and may report inappropriate message content to Mashtopatoes.
For purposes of these Terms, Registered Parent and their Teen Provider(s) are deemed to be Providers. By registering as a Registered Parent, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety on behalf of yourself and your Teen Provider whether or not you use the Site or Services. You further understand and agree that you will ensure your Teen Provider's compliance with these Terms and that you are responsible for any noncompliance by your Teen Provider.
If you are a Registered Parent, you also agree that you are responsible for monitoring your Teen Provider's activities, including monitoring who your Teen Provider communicates with, engages and meets both on and off the communications platforms (email, text, phone) and with whom he or she agrees to provide caregiver services.
If you register to use the Site as a Teen Provider, after you turn eighteen (18), you will be required to agree to the Terms as in effect at the time, including the consents to run the verification and background checks. If you do not agree to the Terms after you turn eighteen (18), Mashtopatoes may terminate your your registration with or without notice.
You hereby consent to the collection, use and disclosure of the information in the Consumer Reports. You understand and agree that Mashtopatoes may, in its sole discretion, review and rely on the information in the Consumer Reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Mashtopatoes shall not be responsible or liable in any way in the event that any information in the Consumer Reports about any person, including without limitation you or any other User, is not accurate, timely or complete. If you are the subject of a Consumer Report, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. Mashtopatoes reserves the right to suspend and/or terminate you or other Users based on information in the Consumer Reports or for any other reason, or no reason, in Mashtopatoes sole discretion. Also, you hereby authorize Mashpotatoes or Selfme, LLC to conduct on its sole discretion any other screenings, verifications and help run background checks when requested on behalf of the clients.
Modifications to the Service
Mashtopatoes reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that Mashtopatoes shall not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
Assumption of Risk
You assume all risks when using the Service, including without limitation all of the risks associated with interactions with other Users. You agree to take all necessary precautions when interacting with other Users and notify Mashtopatoes immediately any irregularities.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL SELFME, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO SELFME, LLC THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the state of Illinois, without regard to conflicts of law principles.
You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the state of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of Illinois located in Naperville, IL in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
Mediation and Arbitration
Dispute Resolution. Any controversy or claim arising out of or relating to this contract, the relationship resulting in or from this contract or breach of any duties hereunder will be settled by an arbitrator of SELFME, LLC choice. All hearings will be held in Naperville, IL before an Arbitrator who is a licensed attorney with 5 years of experience in commercial law. A judgment upon the award rendered by the Arbitrator shall be entered in a Court with competent jurisdiction. The Federal Arbitration Act (Title 9 U.S. Code Section 1 et. seq.) shall govern all arbitration and confirmation proceedings. As a condition precedent to the filing of an arbitration claim, the parties agree to first mediate any claims between them with a licensed attorney of experience in mediation and commercial law. Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration. The parties will share the cost of mediation equally. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy will not waive the moving party’s right to compel arbitration of any dispute. The parties, also agree to meet and negotiate in good faith in order to resolve any disputes, which may arise between them.
We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by our licensors or U.S. and international copyright laws protect it and us. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion. Therefore, you will be responsible and liable for any modification, alteration, derivative work made without the consent or authorization of Mashtopatoes.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SELFME, LLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
SELFME, LLC makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. SELFME, LLC makes no warranty that operation of the Software Product will be secure, error free, or free from interruption.
YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND INTERRUPTIBILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. SELFME, LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL SELFME, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SELFME, LLC OR ANY OTHER PARTY, EVEN IF SELFME, LLC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS SELFME ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
If you come to SELFME, LLC/Mashtopatoes with a suggestion for the service, that suggestion or recommendation is given freely, voluntarily and is made for free. By this means we can use your suggestion at our own discretion in any way we want and we don‘t have to pay you for it. In addition, it does not imply you have any right to any future revenue due to that suggestion.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Illinois, without regard to Illinois's conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remaining of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
If you have any questions regarding while using the Service, or have questions about our terms, please contact us via email at email@example.com
Mashtopatoes (“Mastopatoes,” “we,” “us or “our”) is a communication platform that connects parents from the same school community, so they can easily schedule transportation and/or care for their children. Mashtopatoes will match parents based on schedule and activities, once the match is accomplished, Mashtopatoes will put in contact the parents. Parents will then decide if they want to work with each other.
User Provided Information
Mashtopatoes obtains the information you provide when you register in our website. Registration with us is mandatory in order to be able to participate in the service. We collect your full name, email, phone number and any communication between you and Mashtopatoes. We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.
Mashtopatoes does not track its customers therefore does not respond to Do Not Track (DNT) signals.
We may disclose User Provided and Automatically Collected Information:
as required by law, such as to comply with a subpoena, or similar legal process;
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
if Mashtopatoes is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information;
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the service and for a reasonable time thereafter. If you’d like us to delete User Provided Data that you have provided via the service, please contact us at firstname.lastname@example.org and we will respond in a reasonable time. Please note that we may be required to retain certain information by law.
In accordance with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), Mashtopatoes do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time. If you believe that we might have any information from or about a child under 13 please contact us at firstname.lastname@example.org
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our service. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using the service, or have questions about our practices, please contact us via email at email@example.com