Class Intercom: Agreement and Terms of Service
Last Updated: November 6, 2019
Welcome to ClassIntercom.com. Class Intercom, LLC provides a software platform for schools, school districts and other organizations to create, manage and measure its social media activities on its own Twitter, Instagram, and Facebook accounts (the “Services”). The following are the terms and conditions for use of the Services by the person or persons accessing the software platform (the “Customer”). Please read these Terms of Service (“Terms” or “Agreement”) carefully before using this website operated by Class Intercom, LLC (“us”, “We”, “Class Intercom”, “our”).
Your access to and use of the website and Services under this limited license is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access this site or use the products or services offered by Class Intercom.
Wherever used in these Terms of Service, “You”, “Your”, “Customer”, or similar terms means the person or legal entity accessing or using the Services. If You are accessing, using, and/or ordering and making charges for the Services on behalf of a school or organization (such as Your employer) or other legal entity, You will be binding such entity and You represent and warrant that You have the authority to bind that company or other legal entity to these Terms of Service.
We reserve the right, at any time, to update and change any or all of these Terms of Service, in our sole discretion, including, but not limited to, the scope of services and fees and charges associated with the use of the Services. If We do so, We will post the modified Terms of Service on this site, though We will notify You of any changes that, in our sole discretion, materially impact these Terms of Service. Continued use of the Services after any changes have been made shall constitute Your consent to such changes. You are responsible for regularly reviewing the most current version of these Terms of Service, which are currently available at: classintercom.com/terms-of-service/ When We change these Terms of Service, We will modify the “Last Updated” date above.
You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time without the permission of the Account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such Student and other users; (ii) controlling that Student’s access to and use of the Services; and (iii) the consequences of any misuse.
PAYMENT. Customer payment is due following registration and upon order completion, including the agreement with these Terms. Payment will be processed by Check or Check card. Payment is necessary as completion of enrollment to access and utilize Services. We use Quickbooks to process credit card payments. For paid Services and/or Subscriptions purchased online, You must provide Class Intercom with a valid credit card to pay for such services.
The Services will be purchased as an annual subscription. You agree that Class Intercom has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms Class Intercom retains in the future) Your submitted payment information in order to process Your purchase and renewal. Depending on where You transact with us, the type of payment method used and where Your payment method was issued, Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Class Intercom does not support all payment methods, currencies, or locations for payment. If the payment method You use with us, such as a credit card, reaches its expiration date and You do not edit your payment method information or cancel Your account, You remain responsible for any uncollected amounts. All applicable taxes are calculated based on the billing information You provide us at the time of purchase.
1. Free Trial Period. If You sign up for a free trial period for a Service that is subject to charges (the “Free Trial”), We may require You to provide us with a valid credit card or other valid payment methods. We may start charging You automatically on the first day after the Free Trial is over unless You cancel or downgrade to a charge-free Service and uninstall any Apps or other items, as required for cancellation, before the end of the Free Trial period.
2. Subscription Services; Auto-renewal and Cancellation. You are purchasing Online Services on an annual subscription basis which will automatically renew at the end of the annual term. Subscriptions are billed in advance on a yearly basis and are non-refundable for the subscription period they are purchased for.
3. You agree that Class Intercom may process Your credit card or other valid payment terms on each annual or other renewal terms (based on the applicable billing cycle), on the calendar day corresponding to the first day You subscribed to the Services.
4. Taxes and Withholdings. You are responsible for paying all taxes associated with Your purchase and use of Services.
TERM AND TERMINATION. The term of this agreement is one year. This agreement and the annual Class Intercom subscription begins when You sign up and make payment. Your use of Class Intercom includes Your agreement to license terms and conditions and ends when You terminate the subscription. You must provide notice of termination at least thirty (30) days prior to the end of the annual term.
Class Intercom reserves the right to terminate, suspend, modify, or delete, at its sole discretion, any (a) Services or Content; and (b) Your access to Services or Your Account, as follows: 1) If You breach or violate any of these Terms or any of Class Intercom’s applicable policies, as posted on Class Intercom Services from time to time, Class Intercom may take action immediately without prior notice to You. However, Class Intercom will attempt to provide you notice of any breach or violation and provide a reasonable opportunity (as determined by Class Intercom) to cure. If Class Intercom takes action pursuant to this section, Class Intercom shall not have any liability to You for any use of Class Intercom Services associated with Your Account. For avoidance of any doubt, You understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Class Intercom Services; 2) Class Intercom may also take action to terminate Your Account and any access to Services for any reason or no reason, in which case Class Intercom will provide prior notice to You.
FAIR USE POLICY. Class Intercom may suspend Your access to the Services for abusive practices that degrade the performance of the Services for You and/or other customers of Class Intercom.
NON-EXCLUSIVITY. You acknowledge that the rights granted to You under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict Class Intercom’s right to license, sell, or otherwise make available the Services to any third party or perform any services for any third party.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Class Intercom from any and all claims, liabilities, expenses, and damages, including without limitation, interest, penalties, court costs, attorney’s fees and expenses made or pursued by any third party related to, resulting from, or arising out of: (i) the content You or any of Your users post on Your social media accounts through use of the Class Intercom platform; (ii) Your use or attempted use of the Services in violation of these Terms; (iii) Your violation of any law or rights of any third party; or (iv) the breach by You of any of the terms and conditions of the Agreement. Your obligations under this paragraph shall survive the termination of the Agreement.
NOTICE. By using these Services or communicating with Class Intercom, You agree that Class Intercom may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms. If Class Intercom learns of a security system’s breach, Class Intercom may attempt to notify You electronically by posting a notice through the Services or sending an email to You. You may have a legal right to receive this notice in writing. To withdraw your consent from receiving electronic notice, please write to Class Intercom at email@example.com. Notice will be deemed given twenty-four hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, Class Intercom may give You legal notice by mail to a postal address, if provided by You and postal notice is requested, through Your use of the Services. In such case, notice will be deemed given three days after the date of mailing.
INTELLECTUAL PROPERTY RIGHTS. As between You and Class Intercom, Class Intercom retains all right, title, and interest in and to the Services, including its trademarks and other products and services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of Class Intercom’s rights or interests therein or any other Class Intercom intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by Class Intercom. You may from time to time provide suggestions, comments or other feedback to Class Intercom with respect to the Services (“Feedback”). Feedback, even if designated as confidential by You, shall not create any confidentiality obligation for Class Intercom notwithstanding anything else. You shall, and hereby do, grant to Class Intercom a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
DISCLAIMERS. THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CLASS INTERCOM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OR DEALING OR USAGE OF TRADE. CLASS INTERCOM FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLASS INTERCOM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN CLASS INTERCOM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL CLASS INTERCOM’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY CLASS INTERCOM FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CLASS INTERCOM, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO CLASS INTERCOM’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
CHILDREN. The Services are not available for contract by children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICES OR ATTEMPT TO SET UP AN ACCOUNT AT ANY TIME OR IN ANY MANNER. By entering into an agreement for use of the Services, You affirm that You are at least 18 years of age. Class Intercom does not seek through the Services to gather personal information from or about children under the age of 13. Your school or organization may provide permission to those under the age of 13 to use the platform through Your account.
NATURE OF RELATIONSHIP. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
FORCE MAJEURE. Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts, or labour disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
JURISDICTION & GOVERNING LAW; RESOLUTION OF CLAIMS AND DISPUTES. This website is owned and operated from offices located in Lincoln, Nebraska. Regardless of the place of execution, this Agreement shall be deemed to be an agreement made in Lincoln, NE, fully performed in Lincoln, NE, and the laws of the State of Nebraska shall govern this agreement without regard to the principles of conflicts of laws. Customer expressly waives any presumption or rule, if any, which requires this Agreement to be construed against Class Intercom. Since our goal is to seek to resolve any disagreements in a manner which preserve a relationship with You, any claims or disputes arising from or related to this Agreement shall be settled by mediation and, if necessary, legally binding arbitration in Lincoln, NE in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation (a division of Peacemaker Ministries) (available here: http://peacemaker.net/rules-of-procedure/ ). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce the mandatory arbitration provision of this Agreement or to enforce an arbitration decision.
GENERAL TERMS. If any portion of this Agreement shall be held to be illegal, invalid, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. In lieu of each such illegal, invalid, or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar to such former provision as shall be legal, valid, and enforceable, if possible, and such provision shall be applied. The provisions of this Agreement shall apply to, bind and inure to the benefit of Class Intercom and Customer and their respective successors, legal representatives, or assigns.
NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
STATUTE OF LIMITATIONS. Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action is forever barred.
Class Intercom Customer Service
Class Intercom, LLC
PO Box 80563
Lincoln, NE 68501