IMPORTANT: IF YOU ARE BELOW THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON’T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON’T HAVE PERMISSION TO USE THIS SITE.
Will these terms ever change?
We are constantly trying to improve our Services, so this Agreement may need to change along with the Services. We reserve the right to modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services, sending you a notice via email, and/or by some other means. If you don’t agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services. Your use oÏf the Services in any way following such notification constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services, at any time. We’ll do our best to provide you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.
You represent and warrant to Classtree that: (i) you are at least 18 years old (or, if you are not at least 18 years old, you have your parent’s permission to use the Services, and your parent has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; (iv) if you’re agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Use by children
The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain parental consent or provide notice before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13, except in the following circumstances:
We may collect a child’s name (first name and last initial), date of birth, email address or telephone number, and the child’s parent’s email address in order to provide notice to parents that we may contact their child for the purpose of providing the Services that their teacher has signed up for. Note that if a child user’s Classtree account is inactive for at least twelve months (meaning, that account has not received a message through the Classtree Services in that time), Classtree’s policy is to delete the personally-identifiable information associated with that child’s account.
We may collect personal information through the Services from a child under 13 where that student’s school, district, and/or teacher has agreed (via the terms described below) to obtain parental consent for that child to use the Services and disclose personal information to us, for the use and benefit of the learning environment.
If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA. For more information on COPPA, please click here. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.
As a school, district, or teacher providing consent on behalf of parents or guardians, in order to create an Organizer account (as described below) you may be required to provide valid school credentials and a valid school email address to verify your identity in order to access and use certain features of the Services.
If we learn we have collected personal information from a student under 13 other than pursuant to the above, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at firstname.lastname@example.org.
Fees and payment; Responsibility for usage charges
Access to and use of the Services itself is free, but in the future, we may offer new or additional special features which Classtree may charge for. Therefore, Classtree reserves the right to require payment of fees for certain Services. If you want access to those Services, you will pay all applicable fees for those Services, as will be described on the Services. If you continue to use those Services following such notification, that use constitutes your acceptance of any new or increased charges.
Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
This Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are. If you are, for example, a teacher, coach or parent who organizes a “class” or “group” of members, then you are an Organizer. If you are, for example, a student, teammate or parent who is invited to be a member of a class or group by an Organizer, you are a Subscriber. In certain cases, Subscribers may be allowed to invite new members to a “group” to become Subscribers. If you are agreeing to this Agreement on behalf of an organization, such as a school or school district, club, or team, you are an Organization. You may not sign up for or use the Classtree Services as someone you are not; Classtree may disable or terminate your account if you do so. Please read on below to find out what additional terms apply to you.
If you are a Subscriber (such as a student, parent, or other individual invited to join a group by an Organizer):
You must get your parent or guardian to read and agree to this Agreement before using the Services if you are under 18.
You will only join classes and/or groups that you have been invited to, or based on your school, class or group affiliation, to which you are a part of.
If you are an Organization (such as a school or school district):
- You will only permit staff members (for example, your teachers) who are current employees of your organization to use the Services and to create their own class or group codes. Upon termination of a staff member’s employment with the Organization, you will require such individual to return and cease using all class or group codes he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your organization who is not, in fact, affiliated with your Organization, you will notify Classtree immediately by emailing email@example.com.
If you are accessing the Services as an Organizer (such as a teacher, administrator, or parent creating a group and inviting users to join as Subscribers):
The Services may allow you to invite users to join your group(s) and/or to add users to your group(s). IF YOU INVITE OTHER USERS TO JOIN YOUR GROUP, YOU REPRESENT AND WARRANT TO US THAT YOU HAVE OBTAINED CONSENT FROM EACH PERSON THAT YOU INVITE AND/OR ADD TO RECEIVE SUCH INVITATION AND TO RECEIVE MESSAGES FROM CLASSTREE, FROM YOU, AND FROM ANYONE ELSE IN THE GROUP.
Organizers can invite members by distributing “class codes” or “group codes” and communicate with Subscribers, (in some cases, there may be more than one Organizer per group).
You may only share class or group codes with Subscribers whom you wish to subscribe to your group. If you plan to broadly or publicly publish these codes, you must manage the accuracy of your subscriber lists carefully.
Organizers must maintain and monitor Subscriber lists in order to help ensure accurate representation of the Subscribers in your group.
Registration and security
As a condition to using Services, you may be required to register with Classtree by selecting a password and providing your name and a valid email address. You will provide Classtree with accurate, complete, and updated registration information. You may not (i) select or use the name or email of another person with the intent to impersonate that person; or (ii) use a name subject to any rights of any person other than you without appropriate authorization. Classtree reserves the right to refuse registration of or cancel a Classtree account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of Classtree. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. Classtree reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Consent to receive periodic messages from Classtree
As part of the Services, Classtree may send communications (such as SMS, emails, and push notifications) to Subscribers of a class group. For example, upon adding a new Subscriber to a class group, such new Subscriber will receive a welcome message, instructions on how to stop receiving messages, and information on how to avoid certain charges by downloading the Classtree Application. Classtree also may inform Subscribers who have not replied that they automatically will be removed from the class group if they do not reply. Classtree may send other administrative messages as well. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM CLASSTREE, AND YOU REPRESENT AND WARRANT THAT EACH USER YOU INVITE AND/OR ADD TO A GROUP HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM CLASSTREE AS WELL AS FROM YOU AND ANYONE ELSE IN THE GROUP. You agree to indemnify and hold Classtree harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the “Content”)) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial use and only in accordance with the terms of this Agreement and all laws that apply to you. Classtree is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates anyone else’s (including Classtree’s) rights.
You may download or copy certain Content for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Classtree or from the copyright holder identified in such Content’s copyright notice. You will not link to the Services without Classtree’s prior written consent, except in accordance with the terms of this Agreement.
Under no circumstances will Classtree be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
Your restrictions and responsibilities
You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage any third party to use) the Services in a manner that
- infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
- violates any law, statute, ordinance or regulation;
- is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by Classtree;
- jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content;
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of Classtree’s third party service providers).
Classtree reserves the right to terminate access of any third party application or service to our published or unpublished APIs.
Classtree reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Classtree is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Classtree, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Classtree and to grant Classtree the rights to use such information in connection with the Services and as otherwise provided herein
You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
Copyright dispute policy
Under the Digital Millenium Copyright Act (the “DMCA”), online service providers such as Classtree have the right, but not the obligation, to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.
Consent forms and e-Signature
Under no cercumstances will Classtree be liable in any way for any forms, documents, images, consent requests, messages, PDF or any content created by you, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
If there is a dispute between any users, or between users and any third party due to the use of e-Signatures on the web or any mobile applications under Classtree products, you understand and agree that Classtree is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Classtree, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Third party websites
Classtree has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Classtree will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless Classtree from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Classtree will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between users on this site, or between users and any third party, you understand and agree that Classtree is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Classtree, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Warranty and disclaimer
Classtree has no special relationship with or fiduciary duty to you. You acknowledge that Classtree has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you accesses via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Classtree from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. Classtree makes no representations concerning any content contained in or accessed through the Services, and Classtree will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Classtree makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided “AS IS” without any warranty of any kind from Classtree or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify and hold Classtree, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL CLASSTREE OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO CLASSTREE HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND CLASSTREE’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by deleting your account in your account settings tab or by contacting us at firstname.lastname@example.org. Classtree may disable or terminate your access to the Services or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture of all information associated with your membership. Upon termination of your account, your right to use the Services, and any Content will immediately cease; however, Classtree may retain messaging data or other data and information pursuant to this Agreement and as necessary for auditing purposes and as required by law. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Choice of law and arbitration
This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in San Francisco, California or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. Classtree will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Classtree’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Classtree’s prior written consent. Classtree may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Classtree in any way whatsoever.