Welcome to knowmyday.com, a Texas Limited Liability Corporation. The knowmyday.com website (the "Site") is comprised of various web pages operated by Know My Day, LLC ("Know My Day"). knowmyday.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of knowmyday.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
knowmyday.com is an E-Commerce Site.
Know My Day offers educators a secure way to send personalized communications about students to their parents or guardians.
Your use of knowmyday.com is subject to Know My Day's Privacy Policy. Please review our Privacy Policy which also governs the Site and informs users of our data collection practices.
Visiting knowmyday.com or sending emails to Know My Day constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account or allow access to any other person or entity. You acknowledge that Know My Day is not responsible for third party access to your account that results from theft or misappropriation of your account. Know My Day and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You must be over the age of 18 to use our site. You agree you are either (i) an educator, social worker, school administrator, paraprofessional, related service provider, or other professional providing educational services in an educational setting or (ii) a parent, guardian, or legal custodian with parental rights of the subject of this service.
You may cancel your subscription at any time. Please contact us at info@knowmyday.com with any questions.
knowmyday.com may contain links to other websites ("linked Sites"). The Linked Sites are not under the control of Know My Day and Know My Day is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Know My Day is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Know My Day of the site or any association with its operators.
Certain services made available via knowmyday.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the knowmyday.com domain, you hereby acknowledge and consent that Know My Day may share such information and data with any third party with whom Know My Day has a contractual relationship to provide the requested product, service or functionality on behalf of knowmyday.com users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and use knowmyday.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Know My Day that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Know My Day or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Know My Day content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delta or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Know My Day and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Know My Day or our licensors except as expressly authorized by these Terms.
knowmyday.com is designed for communication between educational professionals and parents, guardians or legal custodians with parental rights. The Site should only be used for educational or lawful purposes.
Know My Day is not monitoring or reviewing communication between authorized users of the Site. If you have a concern that communication is inappropriate or unlawful, please bring it to the attention of your local educational agency. The content of the communication between authorized users is confidential and intended for the recipient of the communication only. If you receive communication intended for a different authorized user, you agree to notify both the sender and Know My Day as soon as possible in order that such communication can be deleted.
If the authorized user is an educational professional such as a teacher, paraprofessional, related service provider, administrator or other professional providing educational services, the terms in this section apply. Individually and collectively, Know My Day and the authorized user agree to uphold our obligations under the Family Educational Rights and Privacy Act ("FERPA"), the Children's Online Privacy Protection Act ("COPPA"), the Protection of Pupil Rights Amendment ("PPRA"), applicable state laws relating to student data privacy, and all other laws and regulations governing the protection of Student Data. "Student Data" is any information that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us, in connection with the provision of the Services, and may include "educational records" as defined by FERPA. Under FERPA, Know My Day processes Student Data as a school official with a legitimate interest, subject to the authorized user's direction and control. For the avoidance of doubt, Know My Day's processing of Student Data on behalf of the authorized user is governed by the terms of the contractual agreement between Know My Day and the educational institution authorized user. As between Know My Day and the authorized user, the authorized user owns all right, title, and interest to all Student Data, and we do not own, control, or license Student Data, except so as to provide the Service to authorized users.
Both you and the Know My Day agree not to disparage the other party, and the other party's officers, directors, employees, shareholders and agents, in any manner likely to be harmful to them or their business, business reputation or personal reputation; provided that both you and Know My Day shall respond accurately and fully to any question, inquiry or request for information when required by legal process.
Know My Day provides access to AWS Translate automated translation services as a feature of the paid subscription. For these translations, reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. These translations are provided as a service to authorized users of Know My Day, and are provided "as is." No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any of these translations.
The Service is controlled, operated and administered by Know My Day from our offices within the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Know My Day Content accessed through knowmyday.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS KNOW MY DAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, ANY USER POSTINGS MADE BY YOU, YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. KNOW MY DAY RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH KNOW MY DAY IN ASSERTING ANY AVAILABLE DEFENSES.
This contract's terms and conditions and all matters arising between us are governed by the laws of the state of Texas, without regard to any conflicts of law principle. The venue for any disputes or actions shall be in Van Zandt county.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Know My Day agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KNOW MY DAY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KNOW MY DAY, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KNOW MY DAY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KNOW MY DAY, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KNOW MY DAY, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Know My Day reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Know My Day as a result of this agreement or use of the Site. Know My Day's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Know My Day's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Know My Day with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Know My Day with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Know My Day with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Know My Day reserves the right, in its sole discretion, to change the Terms under which knowmyday.com is offered. The most current version of the Terms will supersede all previous versions. Know My Day encourages you to periodically review the Terms to stay informed of our updates.
Know My Day welcomes your questions or comments regarding the Terms:
Know My Day, LLC
2002 VZ CR 2813
Mabank, Texas 75147
Email Address:
info@knowmyday.com
Telephone number:
469.708.2933
Effective as of September 17, 2024