2. Description of Website and Scope
The Website is owned and operated by Red Rover. The Website is provided for informational and marketing purposes and offers general information about Red Rover's K-12 human capital management solutions, including absence management, substitute scheduling, time and attendance tracking, hiring, and professional development management.
The Website does not constitute the Red Rover software platform or any related services. Access to and use of the Red Rover platform by customers and their authorized users is governed exclusively by separate agreements entered into between Red Rover and the applicable customer. Nothing in these Terms shall be construed to modify, supplement, or supersede the terms of any such agreement.
3. Use of the Website
You may use the Website solely for lawful, personal, and non-commercial purposes in accordance with these Terms. By accessing or using the Website, you agree that you will not: (a) use the Website in any manner that violates any applicable federal, state, local, or international law or regulation; (b) attempt to gain unauthorized access to any portion of the Website, any systems or networks connected to the Website, or any server operated by Red Rover; (c) use any automated means, including bots, scrapers, spiders, crawlers, or similar tools, to access, collect, harvest, or extract data or content from the Website; (d) introduce any virus, trojan horse, worm, malware, or other harmful or disruptive code to the Website or its infrastructure; (e) post, transmit, or distribute any unauthorized advertising, promotional materials, spam, or solicitation through or in connection with the Website; (f) impersonate any person or entity, or misrepresent your affiliation with any person or entity; or (g) interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available.
Red Rover reserves the right, in its sole discretion, to restrict or terminate your access to the Website at any time and without notice for any conduct that Red Rover determines violates these Terms or is otherwise harmful to the Website, its users, or Red Rover.
4. Intellectual Property
All content on the Website, including but not limited to text, graphics, images, photographs, illustrations, software, audio clips, video clips, and compilations thereof (collectively, "Website Content"), is the property of Red Rover or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The "Red Rover" name, the Red Rover logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Red Rover. You may not use such marks without the prior written consent of Red Rover.
No right, title, or interest in any Website Content is transferred to you by virtue of your access to or use of the Website. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Website Content without the prior written consent of Red Rover, except as incidental to normal web browsing (e.g., temporary caching).
5. SMS Message Disclosures
The following disclosures apply to individuals who opt in to receive SMS notifications through the Red Rover platform. By opting in to receive SMS/text messages from Red Rover, you acknowledge and agree to the following disclosures.
5.1 Program Description
Red Rover may send SMS messages regarding job assignments, confirmations, cancellations, and related notifications from enrolled customers. By providing your mobile number and opting in, you consent to receive such messages. Consent is not a condition of using the Red Rover platform or of job eligibility.
5.2 Message Frequency
Message frequency varies based on job availability in your area. You may receive multiple messages per day.
5.3 Message and Data Rates
Standard message and data rates may apply. Contact your wireless carrier for details regarding your plan.
5.4 HELP
Reply "HELP" to any Red Rover SMS for program information and support. You may also contact support@redroverk12.com.
5.5 STOP
Reply "STOP" to any Red Rover SMS to opt out of further messages. Reply "START" to re-subscribe at any time.
5.6 Supported Carriers
Supported carriers include AT&T, T-Mobile, Verizon, Sprint, Boost Mobile, Cricket Wireless, and other major U.S. carriers. Red Rover does not guarantee delivery on all carrier networks.
5.7 Privacy
Your mobile number and messaging preferences will not be shared with third parties for marketing purposes. For full details, please review our Privacy Policy.
6. Electronic Communications and Marketing Consent
By accessing or using the Website, you establish a business or other applicable relationship with Red Rover for purposes of the CAN-SPAM Act, the Telephone Consumer Protection Act, and all other applicable laws governing commercial communications. You agree that Red Rover and its agents may contact you by email, telephone, text message, or other electronic means regarding Red Rover's products, services, events, and promotions. You may opt out of marketing communications at any time by following the unsubscribe instructions included in each communication or by contacting us at privacy@redroverk12.com.
The Website uses cookies, pixels, and similar tracking technologies to analyze site usage and support our marketing efforts. By continuing to use the Website after receiving notice of such technologies (for example, through a cookie consent banner), you consent to the use of these technologies as described in our Privacy Policy.
7. Third-Party Links
The Website may contain links to websites operated by third parties. These links are provided solely for your convenience and informational purposes. Red Rover does not control, endorse, or assume any responsibility for the content, accuracy, privacy practices, or opinions expressed on any third-party website. The inclusion of any link on the Website does not imply affiliation with, or endorsement of, the linked site by Red Rover.
Your access to and use of any third-party website is governed by that website's own terms and policies, and you proceed at your own risk. Red Rover shall have no liability arising from or related to your use of, or reliance on, any content, goods, or services available on or through any third-party website. We encourage you to review the terms of use and privacy policy of any third-party website before providing personal information or engaging in transactions.
8. Disclaimer of Warranties
THE WEBSITE, INCLUDING ALL CONTENT, FEATURES, AND FUNCTIONALITY, IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RED ROVER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
RED ROVER DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE, COMPLETE, OR CURRENT. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE WEBSITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RED ROVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS (COLLECTIVELY, THE "RED ROVER PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT THE RED ROVER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF THE RED ROVER PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00), REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Certain jurisdictions do not permit the exclusion or limitation of certain damages. In such jurisdictions, the liability of the Red Rover Parties shall be limited to the greatest extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Red Rover Parties from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of, or access to, the Website; (b) your violation of any provision of these Terms; (c) your violation of any applicable law, regulation, or third-party right; or (d) any content or information you submit, post, or transmit through the Website.
Red Rover reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Red Rover in the defense of any such claim. This indemnification obligation shall survive the termination of these Terms and your cessation of use of the Website.
11. Dispute Resolution; Binding Arbitration; Class Action Waiver
11.1 Agreement to Arbitrate
You and Red Rover agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or your use of the Website (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies. This agreement to arbitrate is intended to be broadly interpreted.
11.2 Delegation
The arbitrator, and not any court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, including any claim that all or any part of this agreement to arbitrate is void or voidable.
11.3 Arbitration Procedures
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, or, if AAA is unavailable, by another mutually agreed-upon arbitration provider. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Chester County, Pennsylvania, or at another mutually agreed-upon location, or may be conducted by videoconference or telephone if agreed by the parties. The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive or declaratory relief, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator's decision shall be final and binding.
11.4 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND RED ROVER EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND IN ANY FORUM. DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND RED ROVER EACH WAIVE ANY RIGHT TO A JURY TRIAL.
11.5 Opt-Out
You may opt out of this arbitration agreement by sending written notice to Red Rover at privacy@redroverk12.com within thirty (30) days of your first use of the Website after this provision takes effect. Your opt-out notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, the remaining provisions of these Terms will continue to apply to you.
11.6 Severability
If the class action waiver in Section 11.4 is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and proceed in a court of competent jurisdiction. All remaining claims and requests for relief shall continue in arbitration. If any other provision of this Section 11 is found to be unenforceable, the remaining provisions shall remain in full force and effect.
11.7 Limitation on Time to File Claims
To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to your use of the Website or these Terms must be filed within one (1) year after the claim or cause of action arises, or it shall be permanently barred. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise.
12. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute arising out of or relating to the Website or these Terms, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles.
Subject to Section 11 (Dispute Resolution; Binding Arbitration; Class Action Waiver), you agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Chester County, Pennsylvania. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or lack of jurisdiction.
13. Changes to These Terms
Red Rover reserves the right to modify, amend, or replace these Terms at any time, in its sole discretion. The date of the most recent revision will be posted at the top of this page under the heading "Effective Date."
Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must immediately discontinue all use of the Website.
Red Rover is under no obligation to provide individual notice of changes to these Terms. You are responsible for reviewing these Terms periodically to remain informed of any updates.
14. General Provisions
14.1 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
14.2 No Waiver
No failure or delay by Red Rover in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude the further exercise of that right, power, or remedy or the exercise of any other right, power, or remedy. A waiver of any provision of these Terms shall be effective only if made in writing and signed by Red Rover.
15. Contact Us
If you have any questions or concerns regarding these Terms, you may contact us at:
Red Rover Technologies Holdings LLC
559 West Uwchlan Avenue, Suite 200
Exton, PA 19335
Email: privacy@redroverk12.com
