Terms of Service

The following terms and conditions of service define the relationship between Classwork Co. (d/b/a Classkick) and you.

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Introduction

These Terms of Service (“Terms of Service” or “Terms”) are entered into by and between Classwork Co. d/b/a Classkick, its subsidiaries, divisions, and affiliates (collectively, “Classkick,” “we,” “us,” or “our”) and the entity or person agreeing to the Terms (“you” or “your”). The Terms govern your access to and use of any website, mobile website, social media site, software, mobile application, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein (collectively, the “Service”) owned, operated, or provided by Classkick.

Classkick offers the Service, including all information, tools, services, goods, and products available through the Service, to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference. Please read these Terms carefully before making any transaction with us or otherwise using the Service. 

These Terms are effective when you click to accept them, and the date you accept these Terms is the Effective Date of the Terms. If you are accepting these Terms on behalf of another entity or person (each an “End User”), you represent and warrant that (i) you have full legal authority to bind the End User to these Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the End User, to these Terms. Note that minors may only use the Service as End Users, as students cannot create an account by themselves and must be invited to Classkick.

Accordingly, if you are under the age of 18, you may not use the Service without (i) the consent of a parent, legal guardian, or School Personnel or Institution, who must read, understand, and agree to these Terms on your behalf; and (ii) an invitation to access or use the Service from an Institution or School Personnel, as defined in Section 1.5.

We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms. The date of the latest revision to these Terms is available at the top of this page.

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, ARE LEGALLY BINDING, LIMIT CLASSKICK’S LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY CLASSKICK AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICE.

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1. Provision of the Service

1.1 Service Use

In addition to these Terms, you are also subject to Classkick’s Privacy Policy and any posted guidelines, policies, or rules applicable to specific features of the Service, which may be posted from time to time (collectively the “Guidelines”). By using the Service, you agree to be bound by these Terms, the Guidelines, our Privacy Policy, and any modifications made to the Terms, Guidelines, or Privacy Policy. If you agree with all of the foregoing, you may access and use the Service that you select through the applicable registration process, and the Service shall be available for your personal, noncommercial use. Note, however, that the right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any. Moreover, if you do not agree with any of the foregoing, you are not permitted to access or otherwise use the Service. Additionally, if you are using the Service on behalf of an institution that has a separate written agreement with Classkick, the separate written agreement shall govern your use of the Service, unless otherwise stated in the separate written agreement.

1.2 Modifications

(a) To the Service. Classkick is constantly improving its Service. As such, Classkick may make commercially reasonable changes to the Service from time to time. These changes may include, but are not limited to, the addition or removal of certain functionalities or features of the Service.

(b) To the Terms. Classkick reserves the right to withdraw or amend our Service at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to certain users.

Classkick may also change, update, add, or remove provisions of these Terms at any time. If Classkick makes a material change to these Terms, Classkick will inform you of the change via email. If the change has a material adverse impact on you and you are not agreeable to the change, you must so notify Classkick in writing within fourteen days after receiving notice of the change. If you notify Classkick as required, then you will remain governed by the Terms in effect before the change until the end of the then-current school year or subscription term. If the Service is renewed and you continue to use the Service after such a change is made, the Service will be renewed under Classkick’s then-current Terms or by agreement of the parties. Classkick will not change how Education Records, as defined in Section 5, are used or shared under these Terms without advance notice and consent from the appropriate Institution or School Personnel, as defined in Section 1.5.

1.3 User Contributions

(a) Ownership and License of User Contributions. Some features of the Service may now or in the future allow you to provide content that may be visible to certain other users or used by Classkick in connection to the Service, including without limitation any photos, videos, graphics, sounds, lessons, educational materials and other content that you submit, upload, post, send, or otherwise make available on or through the Service (collectively, “User Contributions”). Other than personally identifiable information, which is subject to our Privacy Policy, any such User Contributions, including but not limited to any information relating to employment opportunities or the employer offering such employment, or creative material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications you transmit or post to or through this Service in any manner, is and will be considered non-confidential and non-proprietary. All User Contributions must comply with the Content Standards set out in these Terms.

Classkick does not claim any exclusive ownership right in User Contributions. However, by using the Service, you hereby grant to Classkick a non-exclusive, sublicensable, worldwide, royalty-free, and transferable right and license to (i) use, copy, store, distribute, publicly perform and display, modify, reproduce, process, modify, adapt, prepare derivative works of, publish, transmit, distribute, and otherwise use your User Contributions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing and as necessary to provide, improve, and make the Service available to you and other users through any media in which the Service may be distributed; (ii) use and disclose metrics and analytics regarding the User Contributions in an aggregate or other non-personally identifiable manner, including for use in improving our Service or in marketing and business development purposes; (iii) use any User Contributions, including any Education Records, that has been de-identified for any product development, research, or other purpose; and (iv) use for other purposes permitted by our Privacy Policy. You further represent and warrant that you own all rights in the User Conributions, including the rights necessary for you to grant us the foregoing licenses to such content. Unless otherwise explicitly stated herein or in our Privacy Policy, you also understand and agree that User Contributions is provided on a non-confidential basis and Classkick does not guarantee any confidentiality with respect to User Contributions.

(b) User Obligations. All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. Classkick cannot guarantee the identity of any other users with whom you may interact while using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is accessed by you at your own risk and that you will be solely responsible for any damage or loss to any party resulting therefrom. You further agree that you will not upload, post, send, or otherwise make available on the Service any material that is protected by copyright, trademark or any other intellectual property or other proprietary right without the express permission of the owner of such copyright, trademark, or other intellectual property or other proprietary right. You agree that the burden of determining whether any material is protected by any such right is on you. 

Additionally, you agree to pay for all royalties, fees, damages, and any other monies owing to any person or entity by reason of any User Contributions posted by you to or through the Service. Without limiting the foregoing, you are only permitted to make User Contributions that is consistent with the educational purposes for which Classkick makes the Service available, and you shall be solely liable for any and all claims, damage, and loss resulting from any infringement or misappropriation of copyrights, trademarks, or other proprietary rights, violation of contract, privacy, or publicity rights, or any other harm resulting from any User Contributions that you make. You also agree that your User Contributions complies with all applicable laws. Classkick does not guarantee that we will publish any of your User Contributions, and we reserve the right to remove such content from the Service at any time for any reason, including upon notice that User Contributions infringes upon another entity or individual’s intellectual property rights.

To the extent that your User Contributions contain a third party’s personal information, you warrant and agree that you have the third party’s consent to provide such information and that the third party is a legal resident of the United States. YOU ARE NOT PERMITTED TO PROVIDE A THIRD PARTY’S PERSONAL INFORMATION VIA YOUR USER CONTRIBUTION WITHOUT THE THIRD PARTY’S CONSENT. YOU ARE NOT PERMITTED TO PROVIDE A THIRD PARTY'S PERSONAL INFORMATION VIA YOUR USER CONTRIBUTION IF THE THIRD PARTY IS NOT A LEGAL RESIDENT OF THE UNITED STATES, REGARDLESS OF THE THIRD PARTY’S CONSENT. YOU ARE NOT PERMITTED TO PROVIDE A THIRD PARTY’S SENSITIVE PERSONAL INFORMATION (INCLUDING BUT NOT LIMITED TO GOVERNMENT-ISSUED ID NUMBERS, FINANCIAL ACCOUNT INFORMATION, OR MEDICAL INFORMATION) VIA YOUR USER CONTRIBUTION, REGARDLESS OF THE REFEREE’S CONSENT.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for Classkick.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
• Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms.
• Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS CLASSKICK AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
• We may not be able to review all material before it is posted on or through the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

(c) Termination of License. Any licenses to specific User Contributions, such as an image or video, granted to us by you in accordance with Section 1.3(a) of these Terms will terminate when you delete that User Contributions or delete your entire account, unless such content has been shared with other users who have not deleted it. Note that any User Contributions that may be in or related to messages sent through Classkick may be kept after you delete your account, as would any data related to User Contributions that has otherwise been aggregated, anonymized, or otherwise segregated from your identity. When you User Contributions, it is deleted in a manner like emptying the recycle or trash bin on a computer, and you understand that any removed User Contributions may persist in backup copies for a reasonable period of time associated with our routine operations of our computing and backup systems.

1.4 Feedback

Classkick appreciates communications, comments, questions, suggestions, or related materials that you send or transmit to Classkick (collectively, “Feedback”). However, by using the Service or submitting Feedback, you understand that we may use Feedback in any way we choose without any obligation to compensate you. Accordingly, if you send or transmit any Feedback to Classkick, including without limitation Feedback regarding new features or Service functionality, all such Feedback is, and will be treated as, non-confidential and non-proprietary, and you hereby assign all right, title, and interest in the Feedback, and agree that your Feedback to Classkick is free for Classkick to use, without any attribution or compensation to you, as well as any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether patentable or not, for any purpose whatsoever, including but not limited to developing, manufacturing, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Classkick is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution of such Feedback. Note that these Terms governing Feedback are separate from the portions of our Terms governing User Contributions, and if there is any question as to whether specific content is Feedback or User Contributions, then the terms regarding Feedback shall govern.

1.5 Terms for School Personnel and Institutions

If you are a teacher, school leader, aide, or other similar personnel (“School Personnel”) accessing the Service on behalf of a school, school district, or other similar educational institution (each an "Institution"), and will use the Service as a classroom tool, you represent, warrant, and agree that you have the authority to use the Service as a classroom tool and that you are acting on behalf of or have permission from your Institution to agree to these Terms and to use the Service as part of your curriculum.

(b) COPPA and Parental Consent. If you allow students under the age of 13 to use the Service, you consent to the collection and use of personal information of such students as required under the Children’s Online Privacy Protection Act ("COPPA"), as described in our COPPA Privacy Policy and COPPA Notice, to the extent COPPA is applicable in your jurisdiction. Before using the Service, you further agree to obtain verifiable parental consent and make these Terms, our Privacy Policy, and our COPPA Notice available to parents or legal guardians to ensure they agree to your use of the Service. If we learn that you have not obtained parental consent or notified parents about your use of the Service, you will not be permitted to use the Service.  Classkick requires that parents be informed of and consent to any School Personnel or Institution’s use of the Service; therefore, as a condition of using our Service in your classroom, you must disseminate necessary information regarding consent to the parents and legal guardians of potential student users, confirm receipt of valid consent for each child before granting the student access to the Service, and retain any related consent forms on file. If a parent or legal guardian does not consent or rescinds any consent given by you to Classkick, you shall immediately notify Classkick to discontinue that student’s access to the Service and ensure that such student’s information is no longer accessible through the Service.  

(c ) Student Invitations. Once you complete the registration process, the Service may enable you to send invitations to your students via email, inviting such students to register to use the Service. You agree that you will not use the Service with any children under 13 years old, unless you have the lawful authority to consent to the collection, use, and disclosure of personal information from such children.

(d) Institution Employment. Only School Personnel who are current employees of an Institution may use the Service on the Institution’s behalf. Immediately prior to, or upon, termination of a School Personnel's employment with an Institution, such School Personnel must return and cease using all login details and student access credentials. If at any time you learn a user of the Service claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you must notify Classkick immediately. You must immediately cease using the Service when you are no longer actively employed as School Personnel, unless you re-register with Classkick to teach new students at a different Institution in accordance with these Terms.

(e) Non-mandatory Use of the Service. You may not require any students to register to use the Service. Students must be free to determine whether they wish to use the Service.

(f) Student Helpers. If School Personnel utilizes the Student Helpers feature in Classkick, other students may view the drawings, text, images, audio, or links added by other students in Classkick. School Personnel may share their classes, including student work and feedback provided, with other School Personnel in their school. If School Personnel chooses to display Classkick through projecting to a whiteboard, for example, students physically present in that classroom may see other students’ names, work, and feedback. School Personnel can choose not to utilize Classkick in any of these ways.

(g) Termination of School Personnel Accounts. Unless otherwise prohibited by applicable law, Classkick may terminate a School Personnel’s account at any time and without warning for any failure to comply with these Terms.

1.6 Terms for Students

(a) Student Access and Use of the Service. Students may not access or use the Service unless a parent, legal guardian, or Institution consents to such use or access and the student is invited or given access to the Service by School Personnel who is authorized to give that student access to the Service. Additionally, students may only use the Service for personal educational purposes. If Classkick discovers or becomes aware that a student is using the Service for any illegal or other inappropriate purpose, such as cyberbullying, Classkick will notify the student’s Institution about such misconduct and may terminate a student’s access to the Service at any time, for any reason, and without warning, after such notice. School Personnel may also review student activities using features of the Service, such as the teacher dashboard. If a student or a student’s parent or legal guardian no longer wishes to use the Service or does not agree to these Terms, or if a student is no longer permitted to use the Service for any reason, then the student must immediately stop using the Service.

(b) Student Information. Classkick requests only minimal personal information to be provided from students to access the Service: class code, username, first name, last name, email address, and password. As further explained in our Privacy Policy, this information is only collected when a student’s Institution or School Personnel purchases a Classkick Pro Membership. All information that you provide to us, including, but not limited to, through the use of any interactive features on the Service, or that we otherwise collect on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Other than what we request from students when they sign up for the Service or as directed by School Personnel, students may not provide any personal information about themselves to us. 

1.7 Terms for Parents

If you are a parent or legal guardian of a student that has been invited to create an account on the Service or is given access to the Service by School Personnel, your consent must be given in order for a student to use the Service. If you are the parent or legal guardian of a minor child who has created an account with us and you did not receive a notification seeking your consent from your child’s School Personnel or Institution, you can email us at support@classkick.com to have that child’s account deleted, review the information we have collected about your student, or to otherwise communicate with us or address any questions or concerns you may have about our Service. You may also withdraw consent to the disclosure of personal information to third parties, except if that disclosure is integral to use of the Service. 

Please note that if you contact us, we will ask that you verify your identity as a student’s parent before providing you with any information about your student, in accordance with applicable law. In addition, if you, as a parent or legal guardian, provide an email to School Personnel when such personnel or your student’s Institution is obtaining your consent, we may send an email asking you to verify your child’s account, but you will not receive any other emails unless you have opted-in to email marketing or have separately created an account on our Service. Note that information collected from students, including personal information and information collected automatically, is never used or disclosed for third-party advertising or any kind of first or third-party behaviorally-targeted advertising, and personal information is never sold or rented to anyone, including marketers or advertisers. If you do use the Service as a parent or legal guardian, you agree that Classkick may send you messages, alerts, and other communications through the Service, including via email, web alert, transactional text messages, push notifications and other similar means, in accordance with the preferences you set through the Service, and you agree to accept such messages, and pay any applicable network access, data usage, or similar fees.

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2. Fees and Payment

Classkick does not currently charge any fee to register to open a free account for Service, although Classkick may change to a paid Service at any time and discontinue free Service. Classkick may require you to submit payment information in the future, and you may be required to pay fees to use certain features or content made available through the Service, such as Classkick Pro. Classkick will either deduct payment from your credit or debit card, or invoice you for all chargeable aspects of the Service. Timely payment must be made for access to the Service, or Service may be promptly suspended by Classkick. 

Upon notice to you, Classkick may in its sole discretion introduce new fees or change existing fees for use of all or any portion(s) of the Service at any time. However, Classkick will never apply any new or higher fees to you retroactively. Notice will be sent to you by email associated with any new fees or payment for the Service. If you continue to use the Service after such notice, your use shall constitute your consent to and acceptance of the new or increased charges. These Terms do not include the provision by Classkick of any upgrades, updates, consulting services, customization or training. Such additional services may be available through separate agreements with Classkick.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your account or termination of your access to and use of the Service. In addition, verification of information may be required prior to the acknowledgment or completion of any purchase or transaction. We reserve the right to refuse or cancel any purchase or transaction for any reason, including limitations on availability, inaccuracies, or errors in service or pricing information, or other problems identified by us, such as fraud.

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

2.1 Automatic Renewal and Cancellation of Classkick Pro Membership

(a) Automatic Renewal. If you purchase a membership to Classkick Pro (“Paid Membership”), you acknowledge and agree that YOUR PAID MEMBERSHIP WILL AUTOMATICALLY RENEW ON A MONTHLY OR YEARLY BASIS, DEPENDING ON WHETHER YOU SELECT A MONTHLY OR YEARLY PAID MEMBERSHIP PLAN, UNLESS YOU OR WE COMMUNICATE OTHERWISE PRIOR TO THE END OF THE RENEWAL TERM.

YOUR PAID MEMBERSHIP WILL ALSO CONTINUE INDEFINITELY UNTIL TERMINATED BY YOU OR US IN ACCORDANCE WITH THESE TERMS.

(b) Payment of Membership Fees. You further acknowledge and agree that your Paid Membership has an initial and recurring fee (“Membership Fee”), which shall be determined by the quote accepted by and provided to you when you purchase a Paid Membership. By agreeing to pay this Membership Fee, you accept responsibility for, and agree to pay, all Membership Fees prior to cancellation of your Paid Membership. You affirmatively and expressly authorize us to process an invoice when your Paid Membership begins, and then again at the beginning of any subsequent renewal term. If your payment details change, your card provider may provide us with the updated payment details, and we reserve the right to use these updated details for future charges in order to help prevent any interruption to the delivery of Service.

Upon renewal of your Paid Membership, if Classkick does not receive payment from your payment provider, or your debit or credit card declines, (a) you agree to pay all amounts due on your account upon demand, and (b) you agree that Classkick may either terminate or suspend your account and Paid Membership and continue to attempt to charge you until payment is received (upon receipt of payment, your account will be re-activated, and for purposes of automatic renewal, your new Paid Membership renewal term will begin as of the day payment was received).

(c ) Modifications to Price or Renewal Terms. If the price to renew your Paid Membership increases, or any material terms regarding the automatic renewal of your Paid Membership changes, Classkick will notify you of any such increase or change in writing no less than 7 days and no more than 30  days prior to the commencement of the next renewal term  in which the increase or change applies.

(d) Cancellation Procedures. YOU MUST CANCEL YOUR PAID MEMBERSHIP BEFORE IT RENEWS TO AVOID INCURRING A MEMBERSHIP FEE FOR THE NEXT RENEWAL TERM. You will not receive a refund for any partial-term cancellation, but you may cancel a yearly Paid Membership within thirty (30) days of beginning your Paid Membership to be eligible for a refund. If you individually purchase a yearly Paid Membership, and your school later upgrades to a Paid Membership, you may also be eligible to cancel your individual Paid Membership for a prorated refund of up to $50.

TO CANCEL YOUR PAID MEMBERSHIP OR OPT OUT OF AUTOMATIC RENEWAL, YOU MAY CANCEL YOUR SUBSCRIPTION THROUGH YOUR PROFILE SETTINGS. FOR REFUND REQUESTS OR ASSISTANCE WITH CANCELLATION, PLEASE EMAIL PRO@CLASSKICK.COM. IF YOU ARE CANCELLING OR REQUESTING A REFUND OF YOUR PAID MEMBERSHIP, PLEASE ALSO PROVIDE THE COMPLETE ACCOUNT AND SCHOOL INFORMATION IN YOUR CORRESPONDENCE.

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3. User Accounts

3.1 Registration  

You do not need to register an account with Classkick to simply visit and view our website. However, in order to use the Service, School Personnel must register with Classkick to create an account, and students may be asked to register with Classkick to create an account if invited or given access to the Service by such School Personnel. Accordingly, as a condition to using the Service, you may be required to register with Classkick, select a password and username, and provide additional contact information (collectively, "User Information"). By using the Service, you represent, warrant, and agree that all User Information you submit is truthful, accurate, complete, and updated. You further understand and accept that you may not impersonate another person or use another person’s name in the User Information you submit. You are also prohibited from providing any false information or creating an account for anyone other than yourself without permission.

3.2 Account Security

You are also responsible for maintaining the security and confidentiality of your User Information, and you are responsible for all activities that occur using your User Information. You agree not to share your User Information, let others access or use your User Information, or engage in any other activity that might jeopardize the security of your User Information. You also agree to notify Classkick if any of your User Information is lost or stolen, if you are aware of any unauthorized use or access of your User Information, or if you know of or suspect any other breach of security in relation to the Service. In its sole discretion, Classkick reserves the right to refuse registration of or cancel User Information. You may not transfer your account to anyone without the express prior written consent of Classkick.

3.3 Account Verification

You acknowledge that we may choose, but are not obligated, to make any inquiries, either directly or through third parties, that we deem necessary to validate User Information, including without limitation by engaging third parties to provide identity or other verification services. Classkick reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity in connection with their use of the Service. Notwithstanding the foregoing, you acknowledge that Classkick cannot guarantee the accuracy of any information submitted by any user, or the identity of any user who chooses to use the Service. You further understand that we are not obligated to verify the identity of any user. 

3.4 Account Termination

You may close your user account at any time by following the account cancellation procedure on our website or by contacting us at support@classkick.com and requesting termination of your account. We may terminate your account any time and for any reason in our sole discretion, as explained in Section 15 of these Terms. To the extent you have paid any fees to Classkick prior to the termination of your account, you will not be entitled to any refund of such fees, except as otherwise provided in these Terms.

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4. Privacy

Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Service. By using our Service, you agree that Classkick can use such data in accordance with our Privacy Policy.

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5. FERPA

The parties acknowledge that (a) certain information provided to Classkick by School Personnel or an Institution may include personally identifiable information from education records that are subject to FERPA ("Education Records"); (b) to the extent that such information includes Education Records, Classkick will be considered a "School Official" (as that term is used in FERPA and its implementing regulations) and will comply with FERPA; and (c) all School Personnel and Institutions that use the Service will also comply FERPA. "FERPA" means the Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and the Family Educational Rights and Privacy Act Regulations (34 CFR Part 99), as amended or otherwise modified from time to time.

5.1 Use of Education Records

Classkick will never share Education Records with third parties except (i) as directed by School Personnel, an Institution, or a parent or legal guardian; (ii) to our service providers that enable us to provide the Service, as stated in our Privacy Policy; or (iii) as required by law. Education Records are never used or disclosed for third-party advertising or any kind of first or third-party behaviorally-targeted advertising to students or parents. Classkick may use Education Records that have been de-identified for product development, research, or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed. This includes, but is not limited to, name, date of birth, demographic information, location information and school identity. Classkick will not attempt to re-identify the De-Identified Data or transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.

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6. Intellectual Property

6.1 Ownership of the Service

The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, trade names, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, hardware, source code, software, technology, lessons, exercises, games, blog, message board content, related educational information, and all other intellectual property, as well as the selection and arrangement thereof (collectively, the “IP Content”), are all proprietary and owned or controlled by Classkick, our licensors, and certain other third parties. All right, title, and interest in and to the IP Content available via the Service is the exclusive property of and owned by Classkick, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible.

6.2 License of the Service

A single limited, revocable, nonexclusive, non-sublicensable, and nontransferable license is granted to use and display the IP Content and to use the Service solely for your personal educational use and for the benefit of your student(s). Except for the foregoing license and the rights you retain to any User Contributions that you provide, you have no other rights in any part of the Service or IP Content. Additionally, except as otherwise provided in these Terms, you may not modify, edit, copy, reproduce, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works of, decompile, reverse engineer, alter, enhance, display, license, sell, or in any way exploit any part of the Service or IP Content in any manner. 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Classkick at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded IP Content in your possession whether in electronic or printed format and refrain from any further use of the Service and IP Content.

Classkick owns and uses multiple trademarks on the Service, including but not limited to “Classkick” and all related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of Classkick. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

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7. Beta and Pilot Programs

If you register for a "Beta," “Pilot,” or other pre-release version of the Service or Materials (each a "pre-release version"), you acknowledge and agree that the pre-release version may contain, in Classkick's sole discretion, more or fewer features, content, or different licensing terms than a subsequent commercial release version of the pre-release version that may be offered through the Service. Classkick may choose not to release later commercial release versions of any pre-release version. Without limiting any disclaimer of warranty or other limitation stated in these Terms, you agree that any pre-release version is not considered by Classkick to be suitable for production use and that it may contain errors affecting its proper operation. You further acknowledge and agree that a pre-release version may exhibit sporadic disruptions that have the potential to disrupt your use of the Service. You understand that Classkick specifically disclaims all damages resulting from your use of a pre-release version, and you accept all risks pertaining to such use.

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8. Communications

8.1 Electronic Communications

By using the Service, you hereby consent to receive electronic communications from Classkick. These electronic communications may include notices about applicable fees, taxes, other charges, transactional information, and other information concerning or related to the Service. These electronic communications are part of your relationship with Classkick, and you agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

8.2 Marketing Communications

We may send periodic promotional or informational emails to School Personnel. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests, and during that time, you may continue to receive emails.

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9. Linking to Classkick’s Service and Linked Sites

9.1 Linking to Classkick’s Service

Creating or maintaining any link to any page or portion of the Service, or running or displaying this Service or any Content in any format without Classkick’s prior written permission, is strictly prohibited. Any permitted links to this Service must comply with all applicable laws, rules, and regulations. In the event you are permitted to link to this Service, you must also do so in a way that is fair and legal and complies with our Terms, does not dishonestly damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part. The website from which you are linking, or on which you make certain content accessible, must also comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in immediately ceasing any unauthorized display or linking of our Service or Content. We reserve the right to withdraw permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.

9.2 Linked Sites

The Service may provide links to other third-party websites (“Linked Sites”). Classkick has not reviewed all of the information on the Linked Sites, does not maintain any of the Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site.  The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. Classkick and is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by Classkick of the Linked Site. Use of any such linked web site is at your own risk.

The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of Classkick. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with, the third party or its products and services. Classkick makes no representation or warranty as to any Linked Site, content, products or services, and you agree that Classkick shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY LINKED SITE.

10. Social Media

Classkick may now or in the future incorporate into its Service certain features that allow you to interact with the Service through your social media accounts on Linked Sites (“Linked Accounts”). If you choose to use such features, you grant Classkick permission to access and use your Linked Accounts for the purpose of processing your requests and enabling you to use the Service. Your use of and privacy associated with such Linked Accounts are subject to the applicable third party terms and privacy policies on the Linked Sites.

11. Acceptable Use Policy and Content Standards

11.1 Acceptable Use Policy

In addition to the foregoing, you understand and agree that you are solely responsible for ensuring compliance with all applicable laws and regulations in the relevant jurisdiction(s). You further agree that you will not  use the Service, or allow any third parties or your End Users to use the Service, for unauthorized purposes, including without limitation (i) to generate or facilitate unsolicited bulk commercial email, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (ii) to violate, or encourage the violation of, the legal rights of others; (iii) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (iv) to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; (v) to interfere with the use of the Service, or the equipment used to provide the Service, by customers, authorized resellers, or other authorized users; (vi) to alter, disable, interfere with or circumvent any aspect of the Service; (vii) to test or reverse-engineer the Service in order to find limitations, vulnerabilities, or evade filtering capabilities; (viii) to grant multiple individuals access to an individual End User account other than via the delegation features provided within the Service; (ix) to create End User accounts assigned to business functions rather than to human beings for the purpose of sharing files within or outside of the domain; (x) to resell End User accounts or parts thereof as added into a commercial product offered to third parties; and (xi) to record audio or video communications without consent if such consent is required by applicable laws and regulations; (xii) to collect other users' content or information or otherwise access the Service using automated means without our prior permission; (xiii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms; (xiv) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (xv) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (xvi) to impersonate or attempt to impersonate Classkick, a Classkick employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (xvii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Classkick or users of the Service, or expose them to liability.

11.2 Content Standards

These content standards (the “Content Standards”) apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
• Be posted through a false email address, while pretending to be someone other than yourself, or under any other circumstances that could mislead us or third parties as to the origin of any User Contribution.

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12. Copyright Policy

Classkick complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

DMCA Takedown Notices

Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Site. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if Classkick has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Classkick to determine the legitimacy of the signature and the identity of the signatory;
2. Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
3. 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 Classkick to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
4. Information reasonably sufficient to permit Classkick to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE”:

Classkick Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando,  FL  32804
Phone: 4079061605
Email: dmca@losey.law

Please note if any notification of claimed infringement does not meet the above requirements, Classkick has no responsibility to respond to or act on any such defective notification of claimed infringement.

DMCA Counter Notification

If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA.  It must include the following, which includes a certification made under penalty of perjury:

1. Your physical or electronic signature, as well as information sufficient for Classkick to determine the legitimacy of the signature and the identity of the signatory;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Eastern District of Virginia, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.

Any such counters notifications must be sent to:

Classkick Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando,  FL  32804
Phone: 4079061605
Email: dmca@losey.law

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13. Geographic Restrictions

Classkick is based in the United States; as such, we have designed the Service  for use only by persons located in the United States. We make no claims that the Service or any of its Content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

14. Accessing the Service

To access or use the Service, you may be asked to provide certain registration details or other information, or may be provided with a username, password, or other similar credentials as part of our security procedures.

As a condition of your use of the Service, you agree: 

• that you will not utilize any automated means to use or access the Service in whole or in part;
• that you are prohibited from using or accessing the Service if you are a person or entity barred from receiving the Service under the laws of the United States or other countries, including the country in which you are a resident or from which you use or access the Service;
• to maintain the confidentiality of any account, and any associated credentials, you use on or for the Service and any information related thereto, as applicable; 
• that any information that you provide on the Service will be correct, current, and complete;
• that you are solely responsible for all access to and use of the service by anyone using your account or other identification or credentials, on or for the Service, whether or not such access to, and use of, the Service is actually authorized by you;
• to notify us immediately of any unauthorized use of the Service, including any compromise of your account information or other identification or credentials, as applicable, and any other breach of security; 
• to promptly change your password, or other similar credentials, if you suspect it has been compromised; and
• not to sell, transfer, or assign your account or credentials, or any rights therein. 

Classkick is not responsible for any unauthorized accounts that may appear on the Service, and in the event of any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice. We further reserve the right to take any action we deem necessary or reasonable to maintain the security of the Service or of any account, including without limitation, suspending, or terminating an account or a user’s access to the Service. While we will take prudent steps to protect all accounts and the security of information on the Service, you understand that we cannot protect your information outside of the Service. 

You also understand and agree that Classkick may assume that any transaction, order, purchase, or communications we receive through your account or credentials have been made or authorized by you. Classkick expressly disclaims any liability from misuse of any and all accounts or credentials, and in no event will we be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction taken under this provision; (ii) any compromise of the confidentiality of your account or other identification or credentials; or (iii) any unauthorized access or use of your account or credentials. You agree to defend, indemnify, and hold Classkick harmless from and against all third-party claims, damages, and expenses (including reasonable attorney’s fees) against or incurred by Classkick arising out of your breach of these Terms or violation of applicable law, your use or access of the Service, or access by anyone accessing the Service using your account or other identification or credentials.

15. Disclaimer and Limitation of Liability

Classkick attempts to ensure that information on the Service is complete, accurate, and current. However, despite our efforts, the information on the Service may occasionally be inaccurate, incomplete, or out of date. Additionally, while Classkick makes all reasonable efforts to accurately display the attributes of its services, we cannot and do not guarantee that any device will accurately display such attributes. 

Accordingly, we do not warrant the completeness, accuracy, timeliness, or usefulness of any information on this Service, which includes, but is not limited to, any information related to product or service specifications or pricing, or information relating to job listings, and any reliance you place on such information is strictly at your own risk. The information and material presented on or through the Service is made available solely for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. The Service may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify our Content and the Service at any time, but we have no obligation to update our Content or Service. You agree that it is your responsibility to monitor changes to our Content and Service.

You also agree that the inclusion of any products, services, or job listings, on the Service at a particular time does not imply or warrant that these products, services, or job listings will be available at any time. Pricing or availability errors may occur on the Service. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Classkick reserves the right to cancel any orders or transactions containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Classkick. We may, at our discretion, either contact you for instructions or cancel your order or transaction and notify you of such cancellation.

We reserve the right, but are not obligated, to limit the sale or display of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We further reserve the right to limit the quantities of any products, services, or job listings that we offer or display. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any product or service obtained through the Service. You agree that any Classkick product or service obtained by you will only be used in a lawful manner. Classkick disclaims all liability and responsibility arising from any reliance placed on any materials or information on the Service. Additionally, to the extent that the Service includes content provided by third parties, you understand and agree that all statements and opinions expressed in such third-party information or materials are solely the statements, opinions, and responsibility of the third party providing such information or materials. Except as otherwise provided by us, these materials do not necessarily reflect the opinion of Classkick, and we are not responsible, or liable to you or any third party, for the content or accuracy of any information or materials provided by any third parties.

THE SERVICE AND ALL INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE, THE SERVICE, AND ALL INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE OR OTHER PARTS OF THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE OR SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE OR SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE AND SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE AND SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE OR SERVICE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE OR SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR SERVICE OR FROM ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE OR OTHER PARTS OF THE SERVICE. WE ARE ALSO NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY PROVIDERS OR OTHER THIRD PARTIES.  

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICE IS TO STOP USING THE SITE AND SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE OR SERVICE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

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16. Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Classkick; its officers, directors, employees, and agents; and any other affiliates from and against any and all claims, losses, liability, damages, costs, or expenses, including reasonable attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Site or Service or (b) any violations of these Terms by you. If you fail to promptly indemnify and defend a covered claim, Classkick shall have the right to defend itself, and in such case, you shall promptly reimburse Classkick for all of its associated costs and expenses.

17. Term and Termination

17.1 Term of Use

These Terms are effective as of the Effective Date and will continue until terminated by one or both parties.

17.2 Termination for Breach

Classkick may inform you if we feel that you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Classkick in its sole discretion, may result in immediate termination of your access to and use of the Service. Accordingly, Classkick may terminate your right to access or use the Service for any violation of these Terms and may refuse, modify, delete, or remove any User Contributions, with or without cause or notice, for any or no reason, or for any action that Classkick determines is inappropriate or disruptive to the Service or to any other user of the Service. If Classkick reasonably believes or comes to learn that (a) continued provision of any Service to you would violate applicable law(s) or (b) you have violated or caused Classkick to violate any applicable laws, Classkick may also report these illegal activities and any reports of such unlawful conduct to law enforcement authorities or other third parties in addition to immediately terminating your right to access and use the Service. When legally required or at Classkick’s discretion, Classkick will cooperate with law enforcement authorities in any investigation of alleged illegal activity in connection with the Service with or without notice to you.

17.3 Termination for Convenience

You may also stop using the Service at any time, subject to your fulfillment of all financial commitments under these Terms, if applicable.

17.4 Effect of Termination

If your right to access or use the Service is terminated, or you decide to discontinue your use of the Service, then (a) all rights and access to the Service will cease, unless otherwise described in these Terms, and (b) any and all fees owed by you to us, if applicable, are immediately due upon your receipt of a final invoice.

17.5 No Refunds

Unless expressly stated otherwise in these Terms, termination under any section of these Terms will not oblige us to refund any fees, to the extent that such fees are applicable to you.

18. Miscellaneous

18.1 Notices

The parties may use emails to satisfy written approval, notice, and consent requirements under these Terms. Notice will be treated as received when the email is sent. You are solely responsible for keeping your email current while accessing or using the Service and being subject to these Terms.

18.2 Assignment

Classkick may assign this Agreement to a successor in interest, as a result of any business reorganization, or in conjunction with a sale of Classkick to a third-party.

18.3 Force Majeure

Neither party shall be liable for any delay or failure to perform resulting from causes outside their reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, school closures, accidents, epidemics or pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

18.4 Subcontracting

Classkick may subcontract obligations under these Terms but will remain liable to you for any subcontracted obligations.

18.5 No Agency

This Agreement does not create any agency, partnership, or joint venture between the parties.

18.6 No Waiver

Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.

18.7 Severability

If any part of these Terms is invalid, illegal, or unenforceable, the rest of the Terms will remain in effect.

18.8 No Third-Party Beneficiaries

These Terms do not confer any benefits on any third party unless it expressly states that it does.

18.9 Equitable Relief

Nothing in these Terms will limit either party's ability to seek equitable relief.

18.10 Agreement to Arbitrate all Claims on an Individualized Basis & Governing Law

You and Classkick agree that any and all disputes or claims that have arisen or may arise between you and Classkick that relate in any way to your use or access to the Service, the actions of Classkick or its agents, or any products or services sold, offered, or purchased shall be resolved through confidential, final and binding arbitration rather than in court, with the exception of any dispute relating to the enforcement or validity of intellectual property rights.  The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Agreement to Arbitrate.

If a dispute arises between you and Classkick, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Please contact us regarding disputes between you and Classkick related to the Service.

UNLESS YOU AND CLASSKICK AGREE OTHERWISE, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF.  

If a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the arbitration and may be brought in court, subject to your and Classkick’s right to appeal the court’s decision. All other claims shall be arbitrated.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.

The arbitration shall be held in Cook County, Illinois or at another mutually agreed location.

The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Classkick.

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Service must be commenced within one year after the claim or cause of action arises.

18.11 Survival

Any provisions that, by their nature, are intended to survive shall survive any termination of these Terms. These include, but are not limited to, those Terms regarding representations made by you, disclaimers of warranties, proprietary or intellectual property rights, indemnities, limitations of liability, and the miscellaneous provisions outlined in Section 16.

18.12 Entire Agreement

These Terms set out all terms and conditions agreed upon by the parties and terminate and supersede any and all other agreements between the parties relating to their subject matter, including any prior versions of these Terms. In agreeing to these Terms, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation, or warranty (whether made negligently or innocently), except those expressly stated in these Terms.

18.13 Headers

Headings and captions used in these Terms are for reference purposes only and will not have any effect on the interpretation of these Terms.

18.14 Conflicting Languages

If these Terms are translated into any language other than English, and there is a discrepancy between the English text and the translated text, the English text will govern unless expressly stated otherwise in the translation.

18.15 Additional Terms

The failure of Classkick to enforce any term or condition set out in these Terms shall not be deemed waiver of such term or condition or a waiver of any other term or condition.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Classkick regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. You may be subject to additional terms and conditions when you purchase products or participate in a sweepstakes, contest, or other promotions.

By accessing the Service, you agree that the laws of the United States and the state of Illinois without regard to conflicts of laws principles, will apply to these Terms and all matters relating to the Service.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in Cook County, Illinois and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Service, or these Terms, or other Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We may provide you information regarding the Service in electronic form only. You agree that such notices and other communications sent electronically satisfy any legal communication requirements, including that requirements must be in writing.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Classkick as a result of these Terms or use of the Service. 

Any provisions that, by their nature, are intended to survive shall survive any termination of these Terms.

19. Contact Us

As Classkick takes your privacy concerns very seriously, if you have any questions, concerns, complaints, or suggestions regarding this Policy, please contact us at support@classkick.com – we’d love to help.
You may also call us at (708) 232-0645 and write to us at:

Classkick
Attention: Chief Privacy Officer
2045 W Grand Ave., Ste B, PMB 50472
Chicago, Illinois 60612-1577

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Complaints and DMCA Copyright Agent policy in the manner and by the means set out therein.