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BUGGY TERMS OF USE
Welcome to the Buggy website (“Website”), which connects you with your transportation (“Transportation”) community.  By accessing or using the Website, you signify that you have read, understand, and agree to be bound by these Terms of Use, regardless whether you are a registered member.  We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice.  Your continued use of the Website after any such change constitutes your acceptance of the new Terms of Use.  If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Website.  It is your responsibility to regularly check the Website to determine whether there have been changes to these Terms of Use, and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Limited License; Proprietary Rights in Website Content
The Website may be accessed only by authorized Buggy administrators, drivers, staff, and students.   The Website may also be accessed by parents of students, provided that their use is authorized under the Family Educational Right to Privacy Act (“FERPA”), 20 U.S.C. § 1232g, 34 CFR Part 99, if applicable.  All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Website Content”), are the property of Buggy or its licensors with all rights reserved.  No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Buggy’s prior written permission.

Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Website Content, and to download or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.  You may not upload or republish Website Content on any Internet, Intranet or Extranet site, or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited.  This license does not include your use of any data mining, robots or similar data gathering or extraction methods, which are strictly prohibited.  Any use of the Website Content other than as specifically authorized herein, without the prior written permission of Buggy, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.  This license is revocable by Buggy at any time without notice, and with or without cause.
Trademarks
The trademarks contained within the Website: (a) are registered trademarks, service marks or trade dress of their respective owners in the United States and/or other countries; (b) may not be used in connection with any product or service in any manner that is likely to cause confusion; and (c) may not be copied, imitated, or used, in whole or in part, without the prior written permission of the owner(s).
User Conduct
You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights.  You agree to indemnify Buggy against all damages, settlements, costs and expenses (including attorneys’ fees) resulting from any claims of infringement or claims of personal injury or violation of other proprietary rights relating to materials submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website.

In addition, you agree not to use the Website to:

  • Harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for any purpose;
  • Use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
  • Use automated scripts to collect information from or otherwise interact with the Website;
  • Upload, post, transmit, share, store or otherwise make available any content that we deem in our sole determination to be harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, sexually explicit, sexually suggestive, fraudulent, invasive of privacy or publicity rights, hateful, racially objectionable, ethnically objectionable or otherwise unlawful or objectionable;
  • Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity, unless you are expressly authorized to do so;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with Buggy or any person or entity;
  • Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Review Buggy negatively online, such as Google, Facebook, Yelp etc while you are still using the service. Doing so jeopardizing the welfare of our community.
  • Upload, post, transmit, share, store or otherwise make publicly available on the Website any of your own sensitive information, including, without limitation, address, phone number, e-mail address, Social Security numbers, credit card number or sexual behavior;
  • Upload, post, transmit, share, store or otherwise make publicly available on the Website any private or sensitive information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers, credit card numbers, sexual behavior or sexual orientation;
  • Solicit personal or sensitive information from anyone under eighteen (18) years of age, or solicit passwords, sensitive information or personally identifying information for commercial, objectionable or unlawful purposes;
  • Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website;
  • Intimidate, annoy or harass another;
  • Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Use or attempt to use another’s account without authorization from Buggyl or create a false identity on the Website;
  • Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Buggy, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Buggy or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by all Buggy codes of conduct when using the Website.  Should you violate any of the above prohibitions, the limited license granted to you herein shall be immediately terminated and you must indemnify Buggy for any damages caused by your actions.
User Content Posted on the Website
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Website, or transmit to or share with other users (collectively, the “User Content”).  You may not post, transmit, or share User Content on the Website that you did not create or that you do not have a license or permission to post.  You understand and agree that Buggy may, but is not obligated to, review the Website and may delete or remove without notice any Website Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of Buggy violates this Agreement or any Buggy code of conduct.  You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to Buggy.

When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website.  By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Buggy an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights.  We do not routinely audit posted materials for intellectual property infringement.  As such, if you have a good faith belief that any posting on the Website infringes your intellectual property rights, submit the following infringement notice to us at Buggy by email hi@ridebuggy.co, phone (305) 204-8849 or Buggy, 78 SW 7th Street, Miami, FL 33130

Notice of Claimed Infringement

Date: __________________________

Website Administrator
BUGGY
78 SW 7th Street
Miami, FL 33130

I, the undersigned, state UNDER PENALTY OF PERJURY that I am the owner, or an agent authorized to act on behalf of the owner, of certain intellectual property rights (“IP Owner”).   I have a good faith belief that the following materials on your website are not authorized by the IP Owner, its agent, or the law, and therefore infringe the IP Owner’s rights.  These materials consist of:

[DESCRIPTION OF ALLEGEDLY INFRINGING MATERIALS]

The information in this notice is accurate.  I can be contacted at:

Name of IP Owner:
Name and title of person alleging infringement:
Company:
Address:
City, State, and Zip:
E-mail address:
Telephone:
Fax:

When we receive the foregoing completed notification of alleged infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Buggy has adopted a policy of terminating, in appropriate circumstances and at Buggy’s sole discretion, access by users who are deemed to be repeat infringers.  Buggy may also at its sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites, Partner Systems and Content
The Website contains links, or you may be sent through the Website, to other websites (“Third Party Websites”) or third party service providers (“Partners”) who operate websites or other systems in conjunction with the Website (“Partner Systems”), which contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third Party Content”).  We do not investigate, monitor or check Third Party Websites, Partner Systems or Third Party Content for accuracy, appropriateness, completeness, offensiveness, opinions, reliability, privacy practices or other policies.  As such, you agree that Buggy shall not be responsible for any Third Party Websites, Partner Systems or Third Party Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Website, Partner System or any Third Party Content does not imply approval or endorsement thereof by Buggy.  If you decide to leave the Website and access any Third Party Website or Partner System, you do so at your own risk.  You should review the applicable terms and policies, including privacy and data gathering practices, of any website or system to which you navigate from the Website or which you use.
Privacy
We care about the privacy of our users, and recommend that you read our Privacy Policy.  By using the Website, you are consenting to have your personal data transferred to and processed in accordance with our Privacy Policy.
Disclaimers
Buggy is not responsible or liable in any manner for any User Content, Third Party Websites, Partner Systems or Third Party Content.  Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website, and we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content, Third Party Websites, Partner Systems or Third Party Content.  Buggy is not responsible for the conduct, whether online or offline, of any user of the Website.

The Website may be temporarily unavailable from time to time for maintenance or other reasons.  Buggy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.  Buggy is not responsible for any technical malfunction or other problems of any network, website, computer system, software, e-mail, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Website.  Under no circumstances will Buggy be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Website, any User Content, Third Party Websites, Partner Systems or Third Party Content posted on or through the Website or transmitted to users, or any interactions between users of the Website, whether online or offline.

THE WEBSITE IS PROVIDED “AS-IS” AND BUGGY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USER’S PURPOSE, SYSTEM INTEGRATION, NONINFRINGEMENT, SECURITY, NONINTERFERENCE, TITLE, AND/OR ACCURACY.  BUGGY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. BUGGY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE, THE WEBSITE ITSELF OR ANY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE WEBSITE, ITS SERVERS, OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS, AND USE INDUSTRY-RECOGNIZED SOFTWARE TO BLOCK, DETECT, AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE WEBSITE AND ANY APPLICATIONS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Buggy reserves the right to change any and all content, software, and other items used in, contained in or linked through the Website at any time without notice.  Reference to any products, Websites, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Buggy.
Limitation of Liability
IN NO EVENT WILL BUGGY OR ITS TRUSTEES, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, TRANSPORTATION SERVICE,  ANY APPLICATIONS OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF BUGGY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BUGGY’S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BUGGY FOR USE OF THE WEBSITE, BUT IN NO CASE WILL BUGGY’S LIABILITY TO YOU EXCEED US$100.  YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO BUGGY FOR YOUR USE OF THE SITE AND TRANSPORTATION SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BUGGY, REGARDLESS OF THE CAUSE OF ACTION.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
By visiting or using the Website, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use, our Privacy Policy, and any dispute of any sort that might arise between you and Buggy or any of our affiliates.  With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in the state and federal courts of Delaware.
Late Bus
Buggy drivers can have the same reasons as motorists have for being late. Traffic delays, weather conditions, accidents, or driver illness are just a few reasons. Buggies also have mechanical breakdowns or "no Starts" that cause delays in picking students up on time. Buggy drivers must run the entire route in the morning regardless of any delays. By allowing your child to ride in a van you agree to indemnify and hold Buggy, its employees and affiliates harmless from and against any loss, liability, claims, demand, damages, cost, and expenses, including reasonable attorneys' fess, arising out of or in connection with lateness. You agree that lateness is not a qualified reason to terminate the contract
Photo Release
During the school year, we take photographs of our service involving students to share Buggy's positive vibe and updates. By which incidentally, some photographs may capture your child's participation. These photos may be published throughout our website, ads, and social media pages. By allowing your child to ride in a van with streaming cameras, you consent for us to publish photos which may involve your child to the said platforms.
Indemnity
You agree to indemnify and hold Buggy and its affiliates, and each of their trustees, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Website, your use of the Website, your use of Buggy transportation service, your conduct in connection with the Website or with other users of the Website, and/or any violation of these Terms of Use or of any law or the rights of any third party.


Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by you to Buggy are non-confidential and shall become the sole property of Buggy.  Buggy shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
General
These Terms of Use and our Privacy Policy constitute the entire agreement regarding the use of the Website, superseding any prior agreements relating to your use of the Website.  The failure of any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.  If any provision herein is held invalid, the remainder of these Terms of Use shall continue in full force and effect, which shall remain valid and enforceable.
BUGGY PAYMENT AGREEMENT
You acknowledge and agree that your child will be enrolled as a student on Buggy ("Buggy") for the current school year, subject to general statements, rules, conditions, traditions, and financial terms contained in the following additional conditions and terms: 

1) Due Date for Contract and Deposit: A signed copy of the Credit Card Authorization Form must be delivered to Buggy and a Payment/Deposit must be paid in order to assure the student a seat on Buggy. The Deposit will be credited towards the year's transportation fee. If the Credit Card Authorization Form is not received by Buggy and the Payment/Deposit is not paid, Buggy will be unable to assure the student a seat in the vehicle. If enrollment is permitted after Buggy’s school year commences, the Payment must be received upon enrollment. THE DEPOSIT/PAYMENT IS NOT REFUNDABLE UNDER ANY CIRCUMSTANCES. 

2) Unconditional Obligation to Pay Transportation Fee: Should notice be given that a student is withdrawing from riding Buggy before the current Buggy’s school year commences, the Deposit (and all processed payment(s)) will be retained by Buggy. After commencement of Buggy’s school year, Buggy is not required to make any reduction in the full year's transportation fees as stated in the agreement schedule and the parent/under-signer of the credit card authorization form is obligated to pay the full transportation fee whether the student rides Buggy or not. Should you default on any payment obligation as called for in the non-refundable service agreement and authorization form, the entire remaining balance shall be deemed due and payable upon demand, and you agree to pay allowable interest, and all cost of collection, including, but not limited to, collection agency fees, court costs and attorneys’ fees. Should any monthly payment become more than 10 days past due, you will be charged a $29.00 late fee to cover additional administrative expenses and other expenses related to obtaining your payment. A $29.00 fee will be charged for all returned payments.  (Consideration may be granted for families who move out of the area and for emergencies or involuntary withdrawal.) All students are enrolled for the entire year unless it is expressly signed and agreed upon in writing to the contrary. 

3) Termination of Enrollment: Buggy has the right to terminate the enrollment of any student for any reason including, but not limited to, the student's performance, the student's conduct, parents conduct, or the student and/or family's inability to abide to the Buggy's policies, rules, regulations, or philosophy. Failure of parents to meet the Buggy's financial obligations is a cause for termination of enrollment. 

4) The Buggy is not responsible for damage to or loss of personal property. 

5) Should this contract need to be placed in the hands of any attorney and/or collection agency for enforcement, the undersigned of the credit card authorization form or initial payer, whichever comes first agrees to pay all costs of enforcement and/or collection that shall include, but are not limited to, reasonable attorney's fees and costs. 

The terms of this contract have been read and agreed upon by visiting or using the website. The undersigner of the credit card authorization form or initial payer, whichever comes first is/are responsible for full payment of all financial obligations set forth in the payment schedule. Signatures are required on the credit card authorization form from all those who bear financial responsibility for fulfilling the terms of this contract.
Transportation Payment Option
The yearly fee for the Buggy’s service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your Credit Card Authorization Form. Fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month.

Yearly payment made can be made according to one of the payment schedules below: 

1) One Time Payment for the school year

​2) Monthly Recurring payment for the school year

To use the Buggy service you must provide one or more Payment Methods. You authorize us to charge any Payment Method provided in case your primary Payment Method is declined or no longer available to us for payment of your fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the buggy until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

Updating your Payment Methods: You can update your Payment Methods by email hi@ridebuggy.co. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
BUGGY PRIVACY POLICY
Welcome to the Buggy website (“Website”).  The following discloses our information gathering and dissemination practices.  By using or accessing the Website, you are accepting the practices described in this Privacy Policy.
Information Gathering
We may use your Internet Protocol (“IP”) address to administer the Website by tracking Website and web page traffic, and by analyzing statistics relating to visitors’ IP addresses.  In some cases we may link IP addresses to personally identifiable information, and may share that information with your driver (“Driver”) or third parties for the purposes of enforcement of the Buggy’s Terms of Use and law enforcement.  We may also share such information with third party service providers (“Partners”) who operate websites or other systems in conjunction with the Website (“Partner Systems,” which are included under the term “Website”) that you choose to access or otherwise patronize.

The Website may also use “cookies”, which are text packets sent by the server to a user’s web browser and then sent back unchanged by the user’s browser each time it accesses that server.  Cookies are used for authenticating, tracking, and maintaining specific information about users, such as site preferences.  No personally identifiable information is exchanged via cookies.  We may use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to the Website.  You can remove or block this cookie using the settings in your browser if you want to disable this feature.

If you register or input personally identifiable information to the Website, you will not be anonymous to us.  Buggy or its Partners may request your e-mail address or mailing address on some of the forms contained on the Website in order to communicate with you, and your provision of such information constitutes your agreement to allow Buggy and its Partners to contact you.  We may also monitor and aggregate data regarding search terms entered into the Website.

When you use the Website, you may set up your personal profile, form relationships, send messages, perform searches and queries, form groups, set up events, download files, and transmit information through various channels.  We collect this information so that we can provide you the service and offer personalized features.  In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list.  When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.

If you post user content to the Website, such as profiles, messages, notes, text, information, images, photos, listings, and other content that you upload, publish or display through the Website, or transmit to or share with other users, you do so at your own risk.  Buggy cannot control the actions of other users, so we do not guarantee that your user content will not be viewed by unauthorized users.  You agree that Buggy shall not be responsible for circumvention of any privacy settings or security measures contained on the Website.  You understand and acknowledge that, even after removal, copies of your user content may remain viewable in cached and archived pages, or if other users have copied or stored your user content.  Any improper collection or misuse of information provided on the Website is a violation of the Buggy Terms of Service, and should be reported to hi@ridebuggy.co.  By using the Website, you are consenting to have your personal data transferred to and processed in the United States.
Children Under 13
If you are under 13 years of age, you are required to have your parent or guardian register or input personally identifiable information on your behalf.  Buggy will not contact children under age 13 for marketing purposes without their parent's permission.  Buggy will not, as a condition of use of the Website, ask a child under age 13 for more personally identifiable information than is reasonably necessary to use the Website.  You agree that Buggy shall not be responsible for the actions or inaction of any Partner or any individual or entity Buggy does not employ.
Anti-Bullying Policy
Introduction
It is a fundamental principle of Buggy that all members of the community – drivers, support staff, parents, and riders – are expected to treat each other with courtesy and respect. We look to each of you to help us protect this unique and vibrant community. Everyone has the right to be safe, secure, and protected so that they may flourish without fear of unfair treatment or harassment.

Bullying must be dealt with swiftly and firmly because it is a grave matter. Bullying can cause severe and long-term physical and psychological damage to a victim. Therefore, the Buggy community has a responsibility to combat bullying. The action taken must take carefully into account the needs of both the victim and the offender.

Failure by any member of the Buggy community to treat others with courtesy and respect undermines Buggy's beliefs. Therefore, we will always regard it as a serious matter. Buggy's approach to bullying is straightforward: it is always unacceptable. It damages children, and Buggy will, therefore, do all we can to prevent it.

Bullying involves an imbalance of power that manifests itself in several ways: it may be physical, psychological (knowing what upsets someone), derives from an intellectual imbalance, or having access to the support of a group, or the capacity to isolate socially. It can result in the intimidation of a person through the threat of violence or humiliation. Sometimes the perpetrator is just being thoughtless. Bullying causes fear and distress for the victim(s) and may distract them from their academic goals. It may also affect other riders who witness it, and it can damage the atmosphere on Buggy.

Definition
Any behavior which makes another person feel uncomfortable or threatened may be construed as bullying – whether intended or not.
There are many definitions of bullying, but most have three things in common:
  • First, it is deliberately hurtful behavior.
  • Second, it is repeated often over some time.
  • Third, it is difficult for the victim to defend themselves.
Bullying behavior includes posting negative or defamatory reviews/statements about Buggy, our drivers, parents, or riders while you are an active user, thereby diminishing our community’s well-being. Buggy responds to and records repeated bullying incidents with repeated hurtful behavior. After a suspension or a warning about that behavior, repeated bullying Third is of particular concern and liable to severe penalty. For example, a racist incident can be recorded as such after a single instance of behavior.

Prevention
Buggy, at all times, seeks to promote a culture of courtesy and mutual respect amongst all members of our community. Therefore, Buggy implements disciplinary sanctions for bullying behavior. The consequences of bullying reflect the seriousness of the incident so that others see that bullying is unacceptable.

Buggy aims to sustain an inclusive environment where anyone in our community can openly discuss the cause and nature of their bullying without fear of further bullying or discrimination. Buggy will remind members at the start of each semester about the definition of bullying. Notice will include the action they should take if they are victims of bullying or become aware of another member's bullying. We also give parents, riders, and drivers clear that using any prejudice-based language is unacceptable. We aim to challenge the use of such language at any time.

Buggy aims to make it easy for anyone to report bullying via email to hi@ridebuggy.co, text, or info on the 'Report Bullying' signs displayed on every Buggy. In addition, signs will detail actions that members should take if they know that bullying is happening.

Driver Involvement
We understand that the effectiveness of our policies will increase when Buggy drivers understand the principles and purpose of our approach, how to resolve problems, and where to seek support. Therefore, drivers will receive anti-bullying instructions as part of induction, and the training is ongoing.

Record Keeping
Buggy records incidents when they meet the criteria of bullying noted in the definition section. We will treat incidents that do not meet this benchmark sensitively and are concerned with appropriate record-keeping. We understand that they could be a precursor to bullying (e.g., if repeated). Buggy management will identify any patterns relating to bullying behavior and decide necessary action to prevent recurrences of such behavior.

Parent Involvement
Buggy wants it to be clear to parents that we will not tolerate bullying. Furthermore, we want them to be aware of the procedures to follow if they believe another parent is engaging in the act of bullying or their child is a victim of bullying. Parents should feel confident that Buggy will take any complaint about bullying seriously and resolve the issue to protect anyone in our community. Buggy also expects all parents to reinforce the value of good behavior at home and in any chat groups, i.e., WhatsApp, FB.

Schools and 3rd parties
Buggy will work with the broader community, such as the police, review websites, schools, and children's services, where bullying is particularly serious or persistent. Such as when a criminal offense may have been committed, including working with other agencies and the wider community to tackle bullying outside Buggy.

Resolution
All reported bullying incidents would be taken seriously and investigated by drivers, overseen by a Buggy supervisor.

Investigations would involve interviewing alleged victims and perpetrators and witnesses if other riders present at the time of the incident or who have additional relevant information.

In cases where an allegation lacks evidence (e.g., independent witnesses) and the suspected bully denies involvement, we may not be able to apply a penalty. However, we will take the following action:
  • Buggy will keep a report of the investigation on file.
  • All of the persons involved will be made explicitly aware that the behavior in question is unacceptable. Furthermore, should they be interested in this or similar conduct in the future, the Buggy would take serious action.

In an instance of alleged bullying, the driver or a supervisor (depending on who receives the report) is responsible for initiating Buggy's response. They may take advantage of the expertise of any other staff member, subject to the following considerations:
The drivers must inform the appropriate supervisor.
The supervisor should enter details of the incident on the Bullying file.
When a driver contacts a parent regarding bullying, the driver or parent must notify a supervisor(s).
If racist behavior is involved, the 'Response to Racist Incidents Policy' should be followed. In addition, the supervisor should use the Racist Incident Recording Form to record the incident.
Both parents will receive reports of severe bullying in a clear, calm, and reassuring way.

In dealing with bullying, the following considerations should apply:
  • Always talk sensitively and privately to both victim and bully.
  • A written and dated statement should be made and kept on file.
  • Reassure and guarantee support to the victim
  • Try not to allow the victim to feel silly or inadequate.
  • Consider requesting psychological support.
  • The victim may need advice on how to respond to or avoid similar incidents in the future.
  • The bully must see and feel the Buggy's (and their parents') disapproval and understand that their acts must stop.
  • Try to get the bully to see the victim's point of view - empathy is the key to improvement; This may entail a face-to-face meeting with a group, dealing with the riders separately.
  • The bully may also require follow-up support and thought to be of help; the bully should be involved in reparatory behavior, including formally expressing an apology to the rider(s) who are hurt.
  • Repeated bullying is likely to lead to the management reconsidering a rider's membership on Buggy by the procedures set out in Buggy's Terms of service.
Riders are encouraged to approach drivers with concerns about the bullying of a fellow rider. For fairly investigated allegations, riders who express such matters should be allowed to remain anonymous while treating the problem seriously. The rider and the statement date should write down information or evidence they may supply.

Penalties
Punishment needs careful consideration and must go hand in hand with psychological advice and, if required, counseling. For penalties, allegations must be substantiated (to a reasonable standard of 'on the balance of probabilities including and not limited to using either camera footage, credible eyewitnesses, or a combination of both).

We will consider the following:
  • First, the bully may have had some provocation and needs to be acknowledged.
  • The bullying behavior may be related to a deeper issue in that person's life and circumstances.

Under Buggy's Terms and Policy, anyone found to have bullied another member of the Buggy community can expect to receive a penalty such as:
  • One, Be assigned a seat on the van.
  • Two, Be moved to a different van.
  • Three, Be suspended for 48 hours or more from the Buggy community.
  • In addition, drivers who don’t remove negative online reviews and refrain from further malicious acts will face immediate removal from Buggy’s community.
  • Finally, parents who don’t remove online reviews and refrain from further malicious acts will not receive service from Buggy and face immediate removal from our community.

In the event of three verifiable bullying episodes occurring on Buggy during the school year, we will suspend the rider from our service for 90 days. Anyone removed may be permitted to return to Buggy only after completing an anti-bullying class. In addition, written confirmation from a licensed psychologist or psychotherapist confirms that the person has received counseling for this issue. A permanent return to Buggy will be on a "trial" basis and contingent on no further bullying episodes reported against them for the remainder of the school year.

Suppose the supervisor and management regard the circumstances and nature of the bullying as severe enough. In that case, Buggy will consider immediate permanent removal from our community.

Criminal Law
Although bullying in itself may not be a criminal offense in the FL, some types of harassing or threatening behavior – or communications – could be a criminal offense. For example, under the Protection from Harassment under Florida State Statute 784.048.

In the case of an offense committed, the Buggy driver or supervisor will seek assistance from the police. For example, harassment means to engage in the course of conduct directed at a specific person who causes substantial emotional distress to that person and serves no legitimate purpose.

Bullying Outside Buggy
Bullying outside Buggy reported to us will be investigated and acted on by the steps above. Our management will also consider whether it is appropriate to notify the police or other agencies of the action taken against anyone in our community. We do this to ensure we take proper steps against misbehavior that could be criminal or pose a serious threat to the public.
Child Abuse and Neglect Reporting Requirements
Child Abuse or Neglect is defined in s.39.201, F.S., as “harm or threatened harm” to a child's health (mental or physical)or welfare by the act or omissions by a parent, adult household member, other person responsible for the child's welfare or for purposes of reporting requirement by any person. Categories include:
  • Physical Abuse or Neglect (i.e. unexplained bruises, hunger, lack of supervision)
  • Emotional Abuse or Neglect (i.e. impairment in the ability of function, depression) and 
  • Sexual Abuse (i.e. withdrawals, excessive crying, physical symptoms)

Reports must be made immediately to the Florida Abuse Hotline Information System by 
  • Telephone at 1-800-96-ABUSE (1-800-962-2873)
  • Fax at 1-800-914-0004, or
  • Online at http://www.dcf.state.fl.us/abuse/report/

Failure to perform duties of a mandatory reporter pursuant to s. 39.201, F.S. constitute a violation of the standard in ss. 402.301-319, F.S. and is the first-degree misdemeanor. Remember, it is the responsibility of each staff member at Buggy to report suspected abuse and/or neglect. All reports are confidential. However, persons who are mandated reporters (personnel) are required to give their names when making a report.
  • It is important to give as much as identifying and factual information as possible when making a report. 
  • Any person, when acting in good faith, is immune from liability in accordance with s. 39.203(1)(a), F.S. 
  • For more information about child abuse and neglect, visit the Department's website at www.myflorida.com/childcare and select “Training requirements.”

The department offers a 4-hour Identifying and Reporting Child Abuse and Neglect course for care providers. This course is an overview of the various types of abuse and neglect, indicators that may be observed, the legal responsibility of mandatory reporters, and the proper procedure for reporting abuse and neglect, as required by ss. 402.305(2) and 402.313(1), F.S. The course is offered both online and instructor-base throughout Florida.

By accessing or using the Website, you signify that you have read, agree and understand The obligations of buggy personnel as it relates to Child Abuse and Neglect and Reporting as stated above. 
Information Sharing and Disclosure
Buggy does not rent, sell, or share personally identifiable information about users with other people or non-affiliated entities, except to provide our services, or under the following circumstances:
  • We will provide personally identifiable information to the Buggy for the purpose of administering and hosting the Website and/or communicating with you.  Buggy may or may not share this information with other third parties, depending on its own privacy policy.  You agree that Buggy shall have no liability with regard to its use or dissemination of such information.
  • We may provide personally identifiable information to Partners for the purpose of administering and hosting Partner Systems and/or communicating with you.  If you use a Partner System, the Partner may or may not share this information with other third parties, depending on its own privacy policy.  You agree that Buggy shall have no liability with regard to any Partner’s use or dissemination of such shared information.
  • We will provide personally identifiable information in response to subpoenas, court orders, or legal process, or to exercise our legal rights or defend legal claims.
  • We will provide personally identifiable information when Buggy or any Partner believes it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Buggy or Partner Terms of Use, violation of Buggy’s code of conduct, or as otherwise required by law.
  • We will transfer information about you, if Buggy is acquired by or merged with another transportation  service or entity.  Refer to Buggy’s privacy policy before and after any such acquisition or merger.
Security
Buggy maintains physical, electronic, and procedural safeguards to protect your personally identifiable information.  We use commercially reasonable tools and techniques to protect against unauthorized access to the Website. You agree that Buggy shall not be liable for its or any Partner’s security safeguards.
Links
This Privacy Policy does not apply to the practices of websites that may be linked through the Website, for which the user agrees that Buggy shall have no liability.  Users are encouraged to read linked websites’ privacy policies.
Terms of Use, Notices and Revisions
Your use of the Website, and any disputes arising from it, is subject to this Privacy Policy and our Terms of Use.  Buggy may revise this Privacy Policy at any time.  Users are encouraged to read this Privacy Policy on a frequent basis.
Contact
If you have questions or suggestions regarding this Privacy Policy or the Website, please contact us at hi@ridebuggy.co

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