Class Terms of Service 20SEP2023TEF
Class Terms of Service 20SEP2023TEF
Class Terms of Service 20SEP2023TEF
IMPORTANT--PLEASE READ CAREFULLY. These Terms are an agreement between you and Class Technologies, Inc.,
a Delaware corporation. References to "us", "we", "our", and "Class" shall mean Class Technologies, Inc.
These Terms govern your access to and use of Class software and/or services (individually or collectively, the
"Platform") and any information, content, text, graphics, photos or other materials uploaded, downloaded,
purchased, or appearing on or through the Platform (collectively referred to as "Content"). These Terms apply to
all visitors, users, and others who access and use the Platform ("Users").
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS
CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT, TO
THE EXTENT APPLICABLE TO YOU, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (1) the terms and
conditions of any written agreement you have entered into with Class regarding the use of Platform, or (2)
applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of
any conflict between these Terms and the terms and conditions of an applicable written agreement you have
entered into with Class, the terms and conditions of the written agreement shall control.
In cases where you have authorized or registered another individual, including a minor, to use your account(s), you
are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the
Platform; and (iii) the consequences of any misuse. Class requires that the parents, guardian, or other authorized
adult or educational institution of a minor affirmatively consent to the use of a Class Platform by such minor. Class
reserves the right to provide access to the minor’s account to the minor’s parents, guardian or other authorized
adult or educational institution, upon such adult’s request. For additional information on how we use your
information, please see our Privacy Policy.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to
monitor disputes between you and other Users. Class shall have no liability for your interactions with other Users,
nor for any User’s acts or omissions.
For the avoidance of doubt, personal information that includes Student Data (defined below) provided to Class
through the use of these Platform is governed by the terms of the agreement between Class and the educational
institution relevant to your use of the Platform. As between Class and you, you and/or the educational institution
own all right, title and interest to all Student Data you provide or otherwise make available to us, and we do not
own, control, or license such Student Data, except so as to provide the Platform to you and to the educational
institution that provides the Platform and controls Student Data from the educational records, if applicable, and as
described herein. “Student Data” is any information (in any format) 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,
as part of the provision of the Platform. Student Data may include “educational records” as defined by the Family
Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). Class agrees to treat Student Data as
confidential and not to share it with third parties other than as described in Class’s agreement with the
educational institution.
If you have any questions regarding the privacy and use of Your Information, please contact us
at [email protected], or your educational institution.
You retain your rights to any Content you submit, post, or display on or through the Platform. By submitting,
posting or displaying Content on or through the Platform, you grant us a worldwide, non-exclusive, royalty-free
license (with the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit,
create derivative works from, communicate, display, and/or distribute such Content in any and all media or
distribution methods (now known or later developed) as part of providing any of the Platform. You agree that this
license includes the right for Class to provide, promote, and improve the Platform and to make Content submitted
to or through the Platform available to other institutions or individuals as part of providing the Platform (including
after termination of your use of the Platform) and in accordance with your privacy settings. You represent and
warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any
Content that you submit.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who
originated such Content. We may not monitor or control the Content posted via the Platform, and we do not take
responsibility for such Content. Any use or reliance on any Content or materials posted via the Platform or
obtained by you through the Platform is at your own risk.
Further, in connection with Content you submit, post, or display on or through the Platform, you represent and
warrant the following: (a) you have the written consent of each and every natural person who is identifiable in the
Content, if any, to use such person’s name or likeness in the manner contemplated by any Platform and these
Terms, and each such person has released you from any liability that may arise in relation to such use; (b) you have
obtained and are solely responsible for obtaining all consents as may be required by law to post any Content
relating to third parties; (c) your Content and Class’s use thereof as contemplated by these Terms and any Platform
will not violate any law or infringe any rights of any third party, including but not limited to any intellectual
property rights and privacy rights; and (d) Class may exercise the rights to your Content granted under these Terms
without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective
bargaining agreement, licensing arrangement or otherwise.
Class respects the intellectual property rights of others and expects Users of the Platform to do the same. We will
respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to
us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please
provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person
authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii)
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the
material; (iv) your contact information, including your address, telephone number, and an email address; (v) a
statement by you that you have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the
notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright
owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and
without liability to you. Our designated copyright agent for notice of alleged copyright infringement appearing on
the Platform is:
B. Acceptable use
When using the Platform you must not: (i) circumvent, disable or otherwise interfere with any security related
features of the Platform or features that prevent or restrict use or copying of the content accessible via the
Platform; (ii) create more than one account for use with a particular Platform; (iii) give any false or misleading
information or permit another person to use a Platform under your name or on your behalf; (iv) impersonate any
person, or misrepresent your identity or affiliation with any person or give the impression they are linked to Class,
if this is not the case; (v) use a Platform if we have suspended or banned you from using it; (vi) send junk, spam,
repetitive messages, unsolicited advertising or marketing email, call, or text messages, or engage in any activities
that violate anti-spamming laws and regulations or other federal, state or local laws relating to emails, calls, or text
messages; (vii) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or
injury to any person or property; (viii) modify, interfere, intercept, disrupt or hack any Platform or collect any data
from a Platform other than in accordance with these Terms of Use; (ix) misuse the Platform by knowingly
introducing viruses, Trojans, worms, logic bombs or other material which would harm the Platform or any User of
the Platform's equipment; (x) submit or contribute any Content that contains nudity or violence or is abusive,
threatening, obscene, misleading, untrue or offensive (in each case unless such Content is submitted or
contributed for a predominantly educational purpose, such as, for example, historical materials contributed via a
Platform for class discussion); (xi) submit or contribute any Content without the permission of the content owner
or otherwise infringe the copyright, trademark, privacy, publicity, or other rights of third parties; (xii) use any
Content in violation of any licensing terms specified by the owner; (xiii) submit or contribute any information or
commentary about another person without that person's permission; (xiv) threaten, abuse or invade another's
privacy, or cause inconvenience or needless anxiety or take any action that is likely to harass, upset, embarrass,
alarm or annoy any other person; or (xv) use any automated system, including without limitation "robots",
"spiders" or "offline readers" to access a Platform in a manner that sends more request messages to the Platform
than a human can reasonably produce in the same period of time.
Failure to comply with these rules of acceptable use constitutes a serious breach of these Terms of Use, and may
result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or
permanent withdrawal of your right to use our Platform; (b) immediate, temporary or permanent removal of any
Content; (c) issuing of a warning to you; (d) legal action against you including proceedings for reimbursement of all
costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and (e)
disclosure of such information to law enforcement authorities as we reasonably feel is necessary. The responses
described in this Section are not limited, and we may take any other action we reasonably deem appropriate.
5. Mobile software
A. Mobile software
We may make available software to access the Platform via a mobile device (“Mobile Software”). To use the
Mobile Software you must have a mobile device that is compatible with the Mobile Software. Class does not
warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in
connection with the Mobile Software and may incur additional charges from your wireless provider for these
services. You agree that you are solely responsible for any such charges. Class hereby grants you a non-exclusive,
non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one
mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble,
decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly
prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to
any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make
any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-
related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible
through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the
copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Class may from time
to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version
of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on
your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any
third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or
third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile
Software or any copy thereof, and Class or its third-party partners or suppliers retain all right, title, and interest in
the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations
hereunder, except as expressly provided for in these Terms, is void. Class reserves all rights not expressly granted
under these Terms. The Mobile Software originates in the United States, and is subject to United States export
laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those
persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may
be subject to the import and export laws of other countries. You agree to comply with all United States and foreign
laws related to use of the Mobile Software and the Platform.
6. Class rights
The Platform is evolving and the form, nature, and/or functionality of the Platform may change from time to time
without prior notice to you. In addition, Class may stop (permanently or temporarily) providing the Platform (or
any features within the Platform) to you or to Users generally and may not be able to provide you with prior
notice.
All right, title, and interest in and to the Platform (excluding Content provided by Users or other third parties) are
and will remain the exclusive property of Class and its licensors. The Platform is protected by copyright, trademark,
and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the
Class name or any of the Class trademarks, logos, domain names, and other distinctive brand features.
7. Registration obligations & passwords
You may never use another User’s account without permission from Class. In consideration of your use of the
Platform, you agree (a) that Your Information will be true, accurate, current and complete, and (b) to maintain and
promptly update Your Information to keep it true, accurate, current and complete. You are responsible for
safeguarding any password that you use to access the Platform and for any activities or actions under your
password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower
case letters, numbers and symbols, and have at least eight (8) characters) with your account. You agree to (a)
notify Class of any unauthorized use of your password or User identification and any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
8. Export controls
As required by the laws of the United States and other countries: (a) you understand that the Platform are subject
to export controls under the U.S. Commerce Department's Export Administration Regulations ("EAR"); (b) you are
not located in a prohibited destination country under the EAR or U.S. sanctions regulations; and (c) you will not
export, re-export, or transfer the Platform to any prohibited destination or persons or entities on the U.S. Bureau
of Industry and Security Denied Parties List or Entity List, or the U.S. Office of Foreign Assets Control list of Specially
Designated Nationals and Blocked Persons, or any similar lists maintained by other countries, without the
necessary export license(s) or authorization(s).
9. Termination
We may suspend or terminate your accounts or cease providing you with all or part of the Platform at any time for
any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create
risk or possible legal exposure for us; or (iii) our provision of the Platform is no longer commercially viable. In such
a termination event, the license granted hereunder shall automatically terminate. In all such cases, the Terms shall
terminate, including, without limitation, your license to use the Platform, except that the following Sections shall
continue to apply: 2, 3, 5, 6, 9, 10, and 11.
Further, if you stop using the Platform for more than 100 days, your accounts may be deleted and Class assumes
no responsibility for any Content deleted following inactivity. If you wish to delete your Class Platform account,
you may contact us via [email protected]. We will delete your specified accounts within a reasonable time, unless
prohibited by law.
Nothing in this Section shall affect Class’s rights to change, limit, or stop the provision of the Platform without prior
notice, as provided elsewhere in these Terms.
Your access to and use of the Platform or any Content are at your own risk. You understand and agree that the
Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the
maximum extent permitted under applicable law, THE CLASS ENTITIES DISCLAIM ALL WARRANTIES AND
CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. No advice or information, whether oral or written, obtained from any of the Class Entities or
through the Platform will create any warranty not expressly made herein.
B. HIPAA disclaimer
Class does not warrant or provide any assurances that your use of the Platform will comply with the Health
Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). You agree that you will not provide
Class with any protected health information (as that term is defined under HIPAA) and that Class is therefore not
deemed to be a business associate of you and/or your institution for purposes of compliance with HIPAA.
D. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CLASS ENTITIES SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR
REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER
INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE
PLATFORM; (ii) ANY CONDUCT OR CONTENT OF ANY USER OR OTHER THIRD PARTY ON, THROUGH, OR
ASSOCIATED WITH THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PLATFORM; OR (iv)
UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CLASS ENTITIES EXCEED THE GREATER OF ONE THOUSAND
U.S. DOLLARS (U.S. $1000.00) OR THE AMOUNT YOU PAID CLASS, IF ANY, IN THE PAST SIX MONTHS FOR THE
PLATFORM GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON
WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE
CLASS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND
LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE
TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION. FURTHER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO
THE EXTENT PROHIBITED BY APPLICABLE LAW.
E. Indemnity
You agree to defend, indemnify and hold harmless Class and its subsidiaries, agents, licensors, managers, and
other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to
attorney’s fees) arising from: (i) your use of and access to a Platform, including any data or content transmitted or
received by you; (ii) your violation of any provision of these Terms, including without limitation your breach of any
of the representations and warranties above; (iii) your violation of any third-party right, including without
limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or
regulation; (v) any Content that is submitted via your User Account including without limitation misleading, false,
or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of a Platform with
your unique username, password or other appropriate security code.
The Platform, any Mobile Software and all upgrades to the foregoing (if any) are provided with restricted rights.
Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Contractor/manufacturer is Class Technologies, Inc., 1717 N Street, N.W., Suite 1, Washington, D.C. 20036. All
rights not specifically granted in these Terms are reserved by Class.
D. Entire agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between Class and you regarding the
Platform, and these Terms supersede and replace any prior agreements between Class and you regarding the
Platform.
Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (1) the terms and
conditions of any written agreement you have entered into with Class regarding the use of Platform, or (2)
applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event
of any conflict between these Terms and the terms and conditions of an applicable written agreement you have
entered into with Class, the terms and conditions of the written agreement shall control.
We may revise these Terms from time-to-time, however the most current version will always be linked to at
https://www.Class.com/. By continuing to access or use the Platform after those revisions become effective, you
agree to be bound by the revised Terms.
If you have any questions about these Terms of Service, please email [email protected].