Terms of Service


Terms of Service

The following terms and conditions of service (“Terms of Service” or “Terms”), define the relationship between Classwork Co (doing business as Classkick (“Company,” “Classkick,” “our,” “we,” or “us”)) and you.

 
 

 

Agreeing to our Terms

These terms explain how you are permitted to use any software that Classkick provides to you from a mobile device (“a mobile application”); the website located at the URL http://classkick.com as well as all associated sites linked to http://classkick.com by Classkick; and the services made available on or through these mobile applications and site (collectively, the “Service” or “Services”). 

When using the Service, you will also be subject to the Classkick Privacy Policy and any posted guidelines, policies or rules applicable to specific features of the Classkick Site or Classkick App, which may be posted from time to time (collectively the “Guidelines”). These Terms of Service, including any other Guidelines and future modifications (collectively, the “Agreement”) govern your use of the Service and is a legal contract between you and Classkick. By using the mobile application, site, and the services, you are agreeing to all these terms; if you do not agree with any of these terms, do not access or otherwise use this mobile application, site, or any services available through this mobile application or site. If you are using the Service on behalf of an institution that has a separate written agreement with Classkick, the separate written agreement governs your use of the Service.

If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don’t get your parent or guardian to read and agree to the Agreement, you don’t have permission to use the Service.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “Member” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.

In addition to these terms, your use of certain services, features, and content made available on or through the mobile application or site may be subject to additional or other terms and conditions; in such case, you will be notified and you will have an opportunity to review such additional terms. 

Note: These terms contain a dispute resolution and arbitration provision, including class action waiver, that affects your rights under these terms and with respect to disputes you may have with Classkick. You may opt out of the binding individual arbitration and class action waiver as provided below.

 
 

 

Using the Service

As long as you are complying with all of the terms and conditions of this Agreement, Classkick gives you permission to access and use the Service that you select through the applicable registration process. The Service is available for your personal, noncommercial use.

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time. We may also stop providing Service to you, or add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability. Access to and use of the Service itself is free, but in the future, we may offer new or additional special features which Classkick may charge for. Please also be aware that while we currently provide our mobile services for free, your carrier’s normal rates and fees still apply, such as text messaging and data fees.

The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.

 
 

 

Your Information and Content

In the course of using the Service, you and other users may provide or post certain content or information which may be used by Classkick in connection with the Service and which may be visible to certain other users (“User Submissions”). Please visit our Privacy Policy for additional information on the types of information different types of users are able to provide. Additionally, some User Submissions may be deemed an Education Record (as defined below).

You retain all ownership rights you have in any User Submissions. Classkick does not claim any ownership rights in the User Submissions.

In order to allow Classkick to provide the Service, you hereby grant to us a limited, non-exclusive, sublicensable (as necessary to perform the Service), worldwide, royalty-free, and transferable (only to a successor) right and license to (i) use, copy, store, distribute, publicly perform and display, modify, and create derivative works (such as changes we make so that your content works better with our Service) such User Submissions as necessary to provide, improve and make the Service available to you and other users, including through any future media in which the Service may be distributed, (ii) use and disclose metrics and analytics regarding the User Submissions 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 Submission (including any Education Record) that has been de-identified for any product development, research or other purpose; and (iv) use for other purposes permitted by the Classkick Privacy Policy.

Classkick will only share and use your personally identifiable information in accordance with Classkick’s current Privacy Policy at http://classkick.com/privacy-policy

The license in (i) above will terminate when you delete any User Submissions with intellectual property rights (like photos or videos) (“IP content”)), you or your Institution (as defined below) deletes an Education Record, you delete any personal information, or you delete your account, unless your content has been shared with others, and they have not deleted it. Note, however, that any User Submissions that may be in or related to messages sent through Classkick may be kept after you delete your account. When you delete IP content, Education Records, or personal information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Submission may persist in backup copies for a reasonable period of time (but will not be available to others). You are responsible for making sure that you have all rights in the User Submissions, including the rights necessary for you to grant us the foregoing licenses to the User Submissions.

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 in the course of 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 at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We do not guarantee that we will publish any of your User Submissions, and reserve the right to remove User Submissions from the Service at any time for any reason, such as if we receive a notice reports a User Submission infringes someone’s intellectual property rights.

We always appreciate your feedback or other suggestions about Classkick, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

 
 

 

Additional Terms by User Type

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 (the "Institution"), and will use the Classkick Services as a classroom tool, the following terms apply to you:

  • You represent, warrant, and covenant that you, as a teacher, educator, or school, have the authority to use the Classkick Services as a classroom tool. You agree that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement and to use the Service as part of your curriculum. 

  • You further understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without Consent and you will obtain Consent in the situations where the child is not creating an account, but you as School Personnel allow the child to access certain features of Classkick which may result in the collection of personal information from the child (“School Consent”). Classkick will not provide full access or use of the Service to children under the age of 13 that you invite or allow access to the Service if we learn that School Personnel or the Institution has not obtained School Consent. 

  • School Consent. You acknowledge and agree that when School Consent must be utilized to allow children under 13 to use the Service, you and/or the Institution will be solely responsible (and hereby agree that Classkick is not responsible) for obtaining School Consent in accordance with COPPA. By using the Classkick Services, you expressly consent to the collection, use, and disclosure of personal information as set forth in our COPPA Privacy Policy, available at http://classkick.com/coppa-privacy-policy, from those of your students under 13 that use Classkick Services as a classroom tool. You also agree to use the Classkick Services and any information you collect from children via the Classkick Services in accordance with our COPPA Privacy Policy, COPPA, and all applicable laws. This includes without limitation, limiting access to the Service to only those student users from whom School Personnel has received valid Consent and complying with all parental requests regarding the collection, use and disclosure of such parent’s child’s information. School Personnel or the Institution are responsible for disseminating necessary information regarding consent to the parents of potential student users, for confirming receipt of valid consent for each child before granting the student access to the Service, and for retaining any related consent forms on file. If a parent user does not consent or rescinds such School Consent, School Personnel or the Institution 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 Services. 

  • Once you complete the registration process, the Services may enable you to send invitations to your Students via email, inviting such Students to register to use the Mobile Application, Site and Services. You agree that you will not use Classkick Services with any children under 13 years old, unless you are the teacher or an authorized representative of that child’s school with authority to consent to the collection, use, and disclosure of personal information from such child in the context of your classroom or school. 

  • Only School Personnel who are current employees of the Institution may use the Service on the Institution’s behalf. Upon termination of a teacher or other staff member's employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. 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 will notify Classkick immediately. You will immediately cease using the Mobile Application, Site and Services when you are no longer a Teacher of the Students (unless you re-register for new Students at a different school in accordance with these Terms).

  • You will not require any Students to register to use the Services; Students must be free to determine whether they wish to use the Services.

  • You are responsible for maintaining the confidentiality of your password used to access the Mobile Application, Site and/or Services, and any Third-Party Site Passwords (collectively, "Passwords"), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Classkick if any of your Passwords are lost, stolen, if you are aware of any unauthorized use of your Passwords or if you know of, or suspect, any other breach of security in relation to the Mobile Applications, the Site or the Services.

  • We may terminate a Teacher user account at any time and without warning for any failure to comply with these Terms.

If you are a student accessing the Service at the invitation of a teacher or other school official, the following terms apply to you:
Only students who have been invited, or given access to the Service, by their teacher, school, or district may use the Service. You may not access or use the Service unless you are invited or given access to the Service by a teacher, school, or district who is authorized to give you access to the Service.

  • We request minimal personal information to be provided from students to access the Service: class code and name. Only students who have been invited, or given access to the Service, by their teacher, school, or district may sign up for an account on the Service. At that time, we request minimal personal information to be provided from students to sign up for an account on the Service: username, first name, last name, and password. If you are a student, please do not provide any personal information about yourself to us, other than what we request from you when you sign up for the Service or as directed by your teacher, school or district.

  • The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without verifiable parental consent or notice as applicable (“Consent”). Consent may be obtained by a student’s school if utilizing certain features of the Service without setting up an account, and must be obtained by a student’s school if requesting that students sign up for an account on the Service.

  • You are only permitted to use the Mobile Application, Site or Services as a student user ("Student") on condition that you are at least 13 years of age, or if you are under 13 years of age, your legal parent or guardian and/or Teacher has consented to your use of the Services.

  • In addition to your other obligations specified in these Terms, by using the Mobile Application, Site or Services as a Student, you represent and warrant that: (i) you are a student who wishes to use the Mobile Application, Site or Services for your own personal educational purposes; (ii) you understand and agree that your use of the Mobile Application, Site and Services is governed by these Terms (please ask your Parent to explain these Terms if you do not understand them); and (iii) you will immediately cease using the Mobile Application, Site and Services when you no longer wish to use (or you are no longer permitted to use) the the Mobile Application, Site or Services for any reason. 

  • You acknowledge and agree that through the Teacher dashboard, and/or other features of the Mobile Application, Site or Services, Classkick and/or your Teacher may be able to review your activities using the Services.

  • We may terminate a Student's access to the Mobile Application, Site or Services at any time and without warning for any failure to comply with these Terms.

If you are a parent of a student that has been invited to create an account on the Service or is given access to the Service by School Personnel, then the following terms apply to you:

  • If your child is under the age of 13, Consent must be given in order for a student to use certain features of a Classkick student account. This Consent may be obtained from a student’s School Personnel if utilizing certain features of the Service without setting up an account. If you are the parent or legal guardian of a child who has created an account with us and you did not receive a notification seeking your Consent, you can email us at support@classkick.com to have that child’s account deleted. Please note that if you as a parent provide an email to School Personnel when the school is obtaining School 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.

  • 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. See our Privacy Policy for more details.

  • You further agree that we may send you messages, alerts, and other communications through the Service, including via email, web alert, 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.

 
 

 

Age Restrictions

IYou may only use the Mobile Application, Site and Services (i) if you are at least 13 years of age; or (ii) if you are under 13 years of age, with the consent of your teacher or a legal parent or guardian. By using the Mobile Application, Site and Services, you hereby represent and warrant that you are at least 13 years of age or, if you are under 13 years of age, that you have the consent of your teacher, legal parent, or guardian to use the Mobile Application, Site and Services.

If you register, approve the registration of, or otherwise assume responsibility for any student, you represent and warrant that you are that student’s legal parent or guardian; or, if you are a teacher or school, that you have the authority to consent to such student’s use of the mobile application, site, and services, and you agree to be bound by these terms on behalf of such student, including without limitation being liable for all use of the mobile application, site, and services by such student. 

f a teacher utilizes the Student Helpers feature in Classkick, other students may view the drawings, text, images, audio, or links added by other students in Classkick. Teachers may share their classes, including student work and feedback provided, with other teachers or school leaders in their school. If the teacher 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. Teachers can choose not to utilize Classkick in any of these ways.

 
 

 

Verification of Identity

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 any user’s registration information, including without limitation 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 Services. 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 services, and we are not obligated to verify the identity of any user. 

 
 

 

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.

 
 

 

FERPA

Certain information that may be provided to Classkick by School Personnel that is directly related to a student and maintained by an Institution, may be considered an education record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”). Additionally, certain information, provided to Classkick by School Personnel about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A school may not generally disclose personally identifiable information from an eligible student’s education records to a third party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA (“FERPA Exemption(s)”), including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Official Exemption”).

As School Personnel or an Institution providing Directory Information or any Education Record to Classkick, you represent, warrant and covenant to Classkick, as applicable, that your Institution has:

  • complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or

  • complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “school official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by Classkick; or

  • obtained all necessary parental or eligible student written consent to share the Directory Information and Educational Records with Classkick, in each case, solely to enable Classkick’s operation of the Service.

Classkick will never share Education Records with third parties except (i) as directed by a Classkick user (i.e., teacher sharing with another teacher or parent); or (ii) to our service providers that are necessary for us to provide the Service, as stated in our Privacy Policy. 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. Additionally, information collected directly from a student using Classkick is never used or disclosed for third party advertising, or any kind of first- or third-party behaviorally-targeted advertising to the student, and personal information collected from a student is never sold or rented to anyone.

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 agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.
 

 
 

 

Registering to Use the Mobile Application, Site and Services

You do not need to register with Classkick to simply visit and view the Site. However, in order to use the Mobile Application, Services and Materials offered on and through the Mobile Application and site, teachers must register with Classkick to create an account. Students may be asked to register with Classkick to create an account if invited, or given access to the Service, by their teacher, school, or district.

As a condition to using Service, you may be required to register with Classkick and select a password and username or provide additional contact information ("Classkick User ID"). You must provide Classkick with accurate, complete, and updated Classkick User ID information. You may not select or use as a Classkick User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. Classkick reserves the right to refuse registration of or cancel a Classkick User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone without express prior written consent of Company.

You represent, warrant and covenant all registration information you submit is truthful and accurate.
 

 
 

 

Termination of Accounts

You may close your user account at any time by following the account cancellation procedure on the Site 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. To the extent you have paid any fees to Classkick (as further specified below in these Terms) prior to termination of your account, you will not be entitled to any refund of such fees.

 

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Refunds

You may cancel a paid account within 30 days of beginning your subscription for a complete refund. You can initiate this process by clicking here. After 30 days, you will not receive a refund for any cancellation.

Where we offer a month-by-month subscription-based service, we will charge your account at the beginning of the term and at the beginning of each renewal term thereafter until you cancel. You must cancel your subscription before it renews to avoid the billing of the next term’s fees to your account. You will not receive a refund for any partial-term cancellation.

 
 

 

General Use

Classkick provides content through the Mobile Application, Site and Services that is copyrighted and/or trademarked work of Classkick, of Classkick’s third-party licensors and suppliers, or of other users of the Services (collectively, the “Materials”). Materials may include without limitation, logos, graphics, video, images, software, and other content. Without limiting the foregoing, all lessons, exercises, games, blog, message board content, and related educational information made available on the Site and/or through the Services and all associated intellectual property and other proprietary rights are owned by Classkick, its third party licensors and suppliers, or other users of the Services, except that you retain ownership of any Submissions that you have provided as described below in these Term.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, Classkick hereby grants you a limited, personal, nonexclusive and nontransferable license to use and to display the Materials and to use the Mobile Application, the Site and the Services solely for your personal educational use, which in the case of Teachers (as defined below) includes use for the benefits of each Teacher’s Students (as defined below). Except for the foregoing license and the rights you retain to Submissions that you have provided, you have no other rights in the Site, Services, or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site, Services, or Materials, or any part thereof, in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials and refrain from any further use of the Site, Services, and Materials.

 
 

 

Classkick Technology

The Service and the Classkick Technology are intended solely for the personal, educational use of our users and may only be used in accordance with this Agreement. “Classkick Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including Classkick proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all Classkick Marks. Classkick Technology is protected by copyright and other intellectual property laws. You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the Classkick Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any Classkick Technology. “Classkick Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Classkick.

Using our Service does not give you ownership of any intellectual property rights in our Service or the Classkick Technology. You may not use content from our Services, including User Submissions, unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any Classkick Marks. Don’t remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.
 

 
 

 

Beta/Pilot Program

If you register for a "Beta," “Pilot,” or other pre-release version of the Site, Services, and/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 Site and/or Services. Classkick reserves the right to not 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.

By accepting these terms, you acknowledge and agree that a pre-release version may exhibit sporadic disruptions that have the potential to disrupt your use of the Services. Classkick specifically disclaims all damages resulting from your use of a pre-release version.

 
 

 

Fees

Classkick does not currently charge any fee to register to open a free account for the Mobile Application, Site and/or Services. However, in the future, Classkick may require you to submit payment information, and you may be required to pay fees to use certain features or content made available through the Site and Services. Classkick will either deduct payment from your credit or debit card, or invoice you for all chargeable Services.  Timely payment must be made for access to the Services, or Services may be promptly suspended by Classkick. Upon notice to you, Classkick reserves the right to change its price list for certain Services and to institute new charges at any time, notice of which may be sent to you by email or posted on the Website. If you continue to use those Services after such notification, such use constitutes your consent to and acceptance of the new or increased charges. This Agreement does 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. We reserve the right in our sole discretion to introduce fees for use of all or any portion(s) of the Site and/or Services at any time. We will notify you if we introduce any new fees or change existing fees. Such notification will take place as specified above in these Terms. However, we will never apply any new or higher fees to you retroactively.
 

 
 

 

Electronic Communications

By using the Mobile Application, Site, and Services, 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 Mobile Application, Site, and Services. These electronic communications are part of your relationship with Classkick. 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.

 
 

 

Marketing Communications

We may send periodic promotional or informational emails to teacher users. 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. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.

 
 

 

Links to Third-Party Sites

The Mobile Application, Site, and/or Services may be linked to other websites that are not Classkick sites, including, without limitation, social networking, blogging, and similar websites through which you may be able to log into Mobile Applications or Sites using your existing account and login credentials for such third party websites, including without limitation, Google and Facebook (any and all of which of the foregoing listed websites may change from time-to-time) and websites that provide educational content and question-and-answer forum functionality (collectively, "Third-Party Sites"). Certain areas and features of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on the Site and Mobile Applications to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on the Site and Mobile Applications.

You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms and conditions, and/or user guides and business practices than Classkick, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy, terms and conditions, and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides, and privacy policies of any of Third-Party Sites. Classkick is providing links to the Third-Party Sites to you as a convenience, and Classkick does not verify, make any representations about, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

You agree that neither Classkick nor the other Classkick parties shall, under any circumstances, be responsible or liable, directly or indirectly, to you or any third party, for any goods, services, information, resources, materials, and/or content available on or through any Third-Party Sites and/or Third-Party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the products, services, content, or business practices of any Third Party.

 
 

 

Social Media

Classkick may, now or in the future, incorporate certain functions that allow you to interact with the Service through your accounts on certain supported third party services, such as social networks or network storage sites (“Linked Accounts”), such as with “Like” and “Share” buttons, or similar features. If you choose to use such features, you grant Classkick permission to access and use your Linked Account for the purpose of processing your requests. Your use of and privacy associated with such Linked Accounts is subject to the applicable third party terms and privacy policies.

 
 

 

Submissions

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, lessons, educational materials and other content that you submit, upload, post, send, or otherwise make available on or through the the Mobile Application, Site, and/or Services (each a "Submission"). You may not upload, post, send or otherwise make available on the Mobile Application, Site, and/or Services, any material 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, and the burden of determining whether any material is protected by any such right is on you.

You agree to pay for all royalties, fees, damages, and any other monies owing to any person and/or entity by reason of any Submissions posted by you to or through the Mobile Application, the Site, and the Services. Without limiting the foregoing, you shall be solely liable for any and all claims, damage, and loss resulting from any infringement and/or misappropriation of copyrights, trademarks, and/or other proprietary rights, violation of contract, privacy, or publicity rights, or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability, and appropriateness. Without limiting the foregoing, you are only permitted to make Submissions that are consistent with the educational purposes for which Classkick makes the Mobile Application, Site, and Services available.

Classkick's guiding philosophy is to promote education for children as broadly as possible. Accordingly, to the extent you provide Submissions that consist of lessons or other educational content, we encourage you to place such content in the public domain so that anyone may use it. Unless otherwise explicitly stated herein or in Classkick’s Privacy Policy, you agree that any Submission provided by you in connection with these Services is provided on a non-confidential basis. You hereby grant to Classkick a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works of, publish, transmit, distribute, and otherwise use each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions.

We may modify or adapt your Submissions in order to transmit, display, or distribute them over computer networks, in various media, and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services, or media and/or otherwise modify them in any manner in our sole discretion. Classkick does not guarantee any confidentiality with respect to any Submissions.

For the avoidance of doubt and without limiting the foregoing, you acknowledge and agree that you retain ownership of your Submissions; provided however, that Classkick may use such Submissions in accordance with the foregoing license. By way of example only, Classkick may use any assignment (or any modification and/or derivative work thereof) submitted by a user through the Services for Classkick's benefit, without any fee, royalty, other payment, or attribution due to the submitting user; provided, however, that the submitting user may not compel any such use.

When you provide Submissions you agree that those Submissions shall not be in violation of the "Unauthorized Activities" paragraph below. Those prohibitions do not require Classkick to monitor, police, or remove any submissions or other information submitted by you or any other user.

 
 

 

Changes

Classkick may make changes to the content and Services offered on or through the Site and Mobile Application at any time. Classkick may also change, update, add, or remove provisions of these Terms at any time to, for example, reflect changes to the law or changes to our Services. If we change these Terms, we will use commercially reasonable efforts to notify you of such changes; for example, we may send you an email if you have registered with us to use our Services, or we may post a notice on the Site indicating that we changed our Terms. However, it is your responsibility to periodically check on the Site to see if these Terms have changed. Changes will become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. By using the Site and Mobile Application after Classkick has updated these Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Mobile Application, Site and Services.

Classkick will not change how Education Records are used or shared under these Terms of Service without advance notice and consent from a School Official or Institution.
 

 
 

 

Your Warranty

You warrant, represent and agree that you will not provide any User Submissions or otherwise use the Service in a manner that:

  • infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights;

  • violates any international, federal, state or local law, statute, ordinance or regulation or which would render Company in violation of any applicable laws or regulations, including without limitation COPPA and FERPA;

  • is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or

  • jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. 

Additionally, you represent, warrant and agree that you:

  • possess all rights necessary to provide your User Submissions and grant Classkick the rights above and

  • you are solely responsible for compliance with the applicable provisions of COPPA as set forth above when obtaining School Consent.

 
 

 

Restrictions/Unauthorized Activities

We do our best to keep Classkick safe, but we cannot guarantee it. We need your help to keep Classkick safe, which includes the following commitments by you when using our Service:

  • You will only use the Service as permitted by law, including applicable export or re-export control laws and regulations.

  • You will not use the Service to post any materials that violate the copyright rights, trademark rights, or other intellectual property rights of any person without the express permission from the owner.

  • You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service; or disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitations.

  • You will not use the Service to post anything that exploits children or minors or that depicts cruelty to animals.

  • You will not collect users' content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.

  • You will not upload viruses or other malicious code, files or programs.

  • You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.

  • You will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations.

  • You will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as the rights of privacy and publicity) of others.

  • You will not post content that: uses racially, ethnically, or otherwise offensive language; is hate speech, discriminating, threatening, or pornographic; uses explicit/obscene language; incites violence; or solicits or contains nudity, graphic or gratuitous violence, or sexually explicit images (actual or simulated).

  • You will not use the Service to discuss or incite illegal activity, or do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.

  • You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality; or take any action that imposes an unreasonable or disproportionately large load on our or our third-party service providers' infrastructure.

  • You will not use the Service in any commercially unreasonable manner or in any manner that would disparage Classkick; or post, send, or otherwise communicate any Submission or other information contrary to our public image, goodwill or reputation, as determined by us in our sole discretion.

  • You will not impersonate a Classkick employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.

  • You will not facilitate or encourage any violations of this Agreement or our policies.

Any violation of the above may be grounds for termination of your right to access or use the Service. This list of prohibitions provides examples and is not complete or exclusive. Classkick reserves the right to: (i) terminate access to your account and your ability to post to the Mobile Application or the Site (or use the Services); and (ii) refuse, modify, delete, or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Classkick determines is inappropriate or disruptive to the Mobile Application, Site, and/or Services or to any other user of the Mobile Application, Site, and/or Services. In addition to violating these Terms, any unauthorized use of any Materials may violate applicable laws, rules, and/or regulations.

Classkick may report to law enforcement authorities, or other Third Parties, any actions that may be illegal and any reports it receives of such conduct. 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 Site, Services, or on the internet, with or without notice to you.

 
 

 

Indemnification

You hereby agree to indemnify, defend, and hold harmless, Classkick, its parents, affiliates, subsidiaries, suppliers, licensors, and business partners, and its and their respective officers, directors, employees, and agents (collectively, the “Classkick Parties”) from and against any and all costs, damages, liabilities, losses, and expenses (including without limitation attorneys’ fees and costs of defense) any Classkick Party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Mobile Application, the Site and/or the Services, or the use of the Mobile Application, the Site and/or the Services, by any person using your user name and/or Password (including without limitation, your participation in the Interactive Features and your Submissions) violates any applicable law, rule or regulation, or the copyrights, trademark rights or other rights of any third party, including without limitation, the intellectual property, privacy, and/or publicity rights of any third party. For the avoidance of doubt, Teachers’ foregoing indemnification obligations expressly extend to the acts and omissions of their Students for whom they are responsible in accordance with these Terms.
 

 
 

 

Disclaimer of Warranties

We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services. Your use of the Site and Mobile Applications and/or the Services is entirely at your own risk. The Materials have not been verified or authenticated in whole or in part by Classkick, and they may include inaccuracies or typographical or other errors. Classkick does not warrant the accuracy or timeliness of the Materials contained on the Site and Mobile Applications or otherwise made available through the Services. Classkick has no liability for any errors or omissions in the Materials, whether provided by Classkick, our licensors or suppliers or other users.

YOU ACKNOWLEDGE AND AGREE THAT CLASSKICK DOES NOT REPRESENT, WARRANT, COVENANT OR GUARANTEE THAT USING THE SITE AND/OR SERVICES WILL RESULT IN ANY IMPROVED PERFORMANCE BY ANY STUDENT OR WILL RESULT IN ANY PARTICULAR STUDENT ADVANCEMENT OR ATTAINMENT. THE SERVICE (AND ANY ASSOCIATED CONTENT OR SOFTWARE) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CLASSKICK EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE CLASSKICK TECHNOLOGY, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, SUITABILITY, TRUTH, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON OR THROUGH THE MOBILE APPLICATIONS, THE SITE, AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND SUBMISSIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLASSKICK MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Some jurisdictions do not allow certain disclaimers and/or limitations of warranties and similar protections, so the foregoing may not apply to you; in such case, Classkick's warranties shall be limited to the greatest extent permitted under the applicable laws of such jurisdiction.
 

 
 

 

Limitation of Liability

UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL CLASSKICK OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE OR INTANGIBLE LOSSES (EVEN IF CLASSKICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES, CONTENT, OR USER SUBMISSIONS; OR (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS. HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES AND/OR MATERIALS, INCLUDING WITHOUT LIMITATION, LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT OR DATA, EVEN IF CLASSKICK KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

IN ADDITION, IN NO EVENT SHALL CLASSKICK’S TOTAL CUMULATIVE LIABILITY ARISING UNDER OR IN CONNECTION WITH THESE TERMS, EXCEED THE GREATER OF: (I) ONE HUNDRED US DOLLARS (US$100); OR (II) THE TOTAL AMOUNT OF ANY FEES YOU HAVE PAID CLASSKICK FOR THE SERVICES DURING THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO CLASSKICK’S LIABILITY.

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Some jurisdictions do not allow certain limitations of liability, so the foregoing may not apply to you; in such case, Classkick’s liability will be limited to the greatest extent permitted under the applicable laws of such jurisdiction.

 
 

 

Proprietary Rights

"Classkick" and associated logo(s) are trademarks owned by Classkick in the United States of America and in other countries. Other trademarks, names and logos on the Site and Mobile Applications are the property of their respective owners.

Unless otherwise expressly specified in these Terms, all information and screens appearing on the Site and Mobile Applications, including documents, services, site design, text, graphics, logos, images, and icons and all Materials, as well as the arrangement thereof, are the sole property of Classkick, Copyright © 2014. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express prior written consent of the copyright owner or license.

The Mobile Application software that is provided to you through the Mobile Application, Site and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States of America.

Certain Materials that are not Submissions may be provided by third party licensors and suppliers to Classkick and your use of such Materials may be governed by separate and additional terms; you will be notified if such additional terms apply.
 

 
 

 

Intellectual Property Infringement

Classkick respects the intellectual property rights of others, and we ask you to do the same. Classkick may, in appropriate circumstances and at our discretion, terminate service and/or access to the Mobile Application, the Site and the Services for users who infringe or misappropriate the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site or is otherwise made available through the Services, please provide Classkick’s designated agent with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

  • 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 at the Site, and information reasonably sufficient to permit Classkick to locate the material.

  • Information reasonably sufficient to permit Classkick to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Classkick's agent for notice of claims of copyright or trademark infringement on the Site and Mobile Applications can be reached at support@classkick.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
 

 
 

 

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Classkick designated agent specified above, that includes all of the following information:

  1. Your physical or electronic signature;

  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 from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States of America, for any judicial district in which Classkick may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 
 

 

Termination of Repeat Infringers

Classkick reserves the right, in its sole discretion, to terminate the account or access of any user of our Site and/or Services who is the subject or repeated DMCA or other infringement notifications.
 

 
 

 

Local Laws

Classkick controls and operates the Site and Mobile Applications from its headquarters in the United States of America and the Mobile Application, Site and Services may not be appropriate or available for use in other locations. If you use this Mobile Application, Site or Services outside the United States of America, you are responsible for following applicable local laws, rules and regulations.
 

 
 

 

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to Classkick, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Mobile Application, Site or Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and nonproprietary. You hereby assign all right, title, and interest in, and Classkick is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, 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. The terms of this paragraph shall not apply to your Submissions which are governed by the terms set forth above under "Submissions".
 

 
 

 

Dispute Resolution and Arbitration: Class Action Waiver

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at support@classkick.com. This arbitration agreement (the “Provision”) facilitates the prompt and efficient resolution of any Disputes (as defined below) that may arise between you and Classkick. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this Provision carefully. It provides that all Disputes between you and Classkick shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Provision, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Provision constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Provision and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Provision, "Classkick" means Classkick and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and Classkick regarding any aspect of your relationship with Classkick, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Classkick's licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
 

 
 

 

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Classkick an opportunity to resolve the Dispute. You must commence this process by emailing notification to support@classkick.com. That notification must include: (i) your name; (ii) your address; (iii) a written description of your claim; and (iv) a description of the specific relief you seek. If Classkick does not resolve the Dispute within forty-five (45) days after it receives your notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

 
 

 

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Classkick may choose to pursue a Dispute in court and not by arbitration if: (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the "Opt-Out Deadline"). You may opt out of this Provision by emailing notification to support@classkick.com. Your written notification must include: (a) your name; (b) your address; and (c) a clear statement that you do not wish to resolve disputes with Classkick through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Classkick. ANY OPT-OUT REQUEST RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND YOU MUST PURSUE YOUR DISPUTE IN ARBITRATION OR SMALL CLAIMS COURT.

 
 

 

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Classkick may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are currently available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are currently available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because the Mobile Application, Site, Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration: You or Classkick may initiate arbitration in either Cook County, Illinois or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Classkick may transfer the arbitration to Cook County, Illinois in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.

Payment of Arbitration Fees and Costs: Classkick will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, your attorneys’ and/or expert witnesses’ fees and costs. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Classkick as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator.

Class Action Waiver: Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Classkick specifically agree to do so following initiation of the arbitration. IF YOU CHOOSE TO PURSUE YOUR DISPUTE IN COURT BY OPTING OUT OF THIS ARBITRATION PROVISION, AS SPECIFIED ABOVE, THIS CLASS ACTION WAIVER WILL NOT APPLY TO YOU. Neither you, nor any other user of the Mobile Application, Site or Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver: You understand and agree that by entering into this Agreement you and Classkick are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Classkick might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability: If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Continuation: This Provision shall survive the termination of these Terms with Classkick and your termination of your use of the Mobile Application, Site and Services. Notwithstanding any provision in this Agreement to the contrary, we agree that if Classkick makes any change to this Provision (other than a change to the notice address), you may reject any such change and require Classkick to adhere to the language in this Provision if a dispute between us arises.

 
 

 

General

Classkick prefers to 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 our sole discretion, may result in immediate termination of your access to the Mobile Application, Site and Services without prior notice to you. The Federal Arbitration Act, Illinois state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions thereof, will govern these Terms. Foreign laws do not apply. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the Mobile Application, Site or Services will be heard in the courts located in Cook County in the State of Illinois. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Classkick’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Classkick in respect of the Mobile Application, Site and Services and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Classkick relating thereto. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions, and any other terms which by their nature are intended to survive, shall survive any termination of these Terms.

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

 
 

 

Contact Us

If you have any questions about these Terms or otherwise need to contact Classkick for any reason, you can reach us at support@classkick.com

Effective Date: May 15, 2017