Last Modified: 12/24/19
These terms of use are entered into by and between you and ClassFolios, Inc. (“Company”, “we” or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of WWW.CLASSFOLIOS.COM (the “Website”), including any content, functionality and services offered on or through WWW.CLASSFOLIOS.COM, as well as the Company’s mobile application (collectively, the “Services”).
By accessing the Website or using the Services, you are agreeing to be bound by the Terms of Use and our Privacy Policy, as well as all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in the Website and delivered via the Services are protected by applicable copyright and trade mark law.
We reserve the right, at our discretion, to modify these Terms of Use at any time. If we make any substantive changes we will post a notice on the Website or send our registered users a notice via email. You are responsible for reviewing and becoming familiar with any such modifications. Using the Services following a notification constitutes your acceptance of these Terms of Use as modified.
This Website and the Services is offered and available to users who reside in the United States or any of its territories or possessions. By using this Website or Services you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Services.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website and/or our Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website or our Services.
Ensuring that all persons who access the Website or our Services through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Services that all the information you provide on the Website or Services is correct, current, and complete. You agree that all information you provide to register with this Website, the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
All user names, passwords or other pieces of information provided to you are confidential, and must not be disclosed to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Service Prices and Payment Terms; Referrals; Refunds
You agree to be bound by our payment terms, as detailed when you sign up to the applicable Service. The price charged for the Services will be the price in effect at the time the Services are provided. We will provide our registered users with 30 days’ prior notice in the event of a price increase. All prices posted on this Website are subject to change at our sole discretion.
Paid services are available on the Website. By selecting a paid service, you agree to pay the Company the monthly subscription fee or other fee indicated for that service when due. Payments will be charged on the day you sign up for a paid service and will be billed on a recurring monthly basis as indicated. After the initial charge, you will receive an invoice no later than forty-eight (48) hours before being billed and will receive a receipt no later than forty-eight (48) hours after payment.
Matching and referral-based programs are available on the Website. By using our matching program or referring a potential Customer or End User, you are agreeing to any revenue share or percentage due to the Company out of revenue generated from the applicable relationships as indicated for that service on the Website, for the entire duration of such relationship(s).
If you select a paid service, you may cancel such service at any time by written notice to the Company. If such cancellation is received by the Company within 14 after your next billing date (the “Grace Period”), you will be refunded the amount received by the Company for such period after such next billing date and your paid service will be stopped immediately. If such cancellation is received later than the Grace Period, you will not be refunded the amount received by the Company for the period after such next billing date and your paid service will continue through such period. If you have a paid account, the Company may terminate your account if you materially breach these Terms of Use; provided, that the Company can terminate the Website immediately as provided herein.
Third-Party Payments
The Company may facilitate a user’s receipt of payment by authorized credit and debit card transactions or other forms of payment from another user (“Third-Party Payments”). Third-Party Payments are only available to users who are at least 18 years old who register and are approved for payment services by the Company. Users may only use Third-Party Payments services for Company facilitated services. The Company may engage third-party service providers to perform many or all of the services related to Third-Party Payments. By using a third-party service, you may also be subject to an agreement with the third-party and shall be subject to, and be solely responsible for paying, any fees charged by such third-party service. If the Company receives notice that your activity violates a third-party’s service agreement, the Company in its sole discretion may take action against your account to comply with their policies. Third-Party Payments functionality may be made available, modified or discontinued by the Company at any time without notice. In no event shall the Company be liable for any actions by a third-party service provider in connection with Third-Party Payments or otherwise.
As a security measure, the Company may impose limits relating to the valuation of any transaction or limits relating to the cumulative value of all transactions. The Company may also impose limits related to the number of transactions per day or other period of time. The Company will not be liable to you if (a) the Company does not proceed with a transaction that would exceed any limit established by the Company or (b) if the Company permits a user or third-party to withdraw or cancel a transaction.
The Company may refuse service of Third-Party Payments to anyone, for any reason, at any time.
Users agree to resolve any disputes directly with the other user or party or a third-party service provider, as the case may be. In the event that a dispute is escalated to the Company, the Company reserves the right to issue a refund to a user in its sole discretion.
Any charges facilitated by the Third-Party Payments services must first be confirmed by the charging user by confirmation to the Company through the Company’s confirmation policies. The user being charged will be notified of such charge by the Company through SMS messaging and will be promptly emailed an itemized receipt.
Ownership
The Website, the Services and their entire contents, features and functionality are owned by the Company or its licensors or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Trademarks
The Company name, the Company logo, and all related names, logos, product, and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website or the Services are the trademarks of their respective owners.
Prohibited Uses
You may use the Website and Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Services:
In any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter,” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by us, may harm the Company or users of the Website or Services or expose them to liability.
To otherwise attempt to interfere with the proper working of the Website and/or Services.
Communications with End Users
Subscribers to the Services (“Customers”) may communicate with their clients (“End Users”) through the Website and Services; provided, however, that: (i) the Company’s Privacy Policy, including the section “Children Under the Age of 13” as applicable, shall govern any such communications with End Users; (ii) if the End User is under the age of 13, any communications sent through the Company shall be with the parents or legal guardians of such End User and not directly with the End User; and (iii) the Company has the right obtain the consent of the parents or legal guardians before allowing information about any End User who is a child to be collected or stored on the Website.
Data provided by Customers and End Users may be used to match End Users with Customers for provision of Services, in accordance with the Privacy Policy. Customers may or may not accept a matched End User.
User Contributions
The Website and Services may contain message boards, personal web pages or profiles, forums, bulletin boards, and other publicly available interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) user generated content or materials (collectively, “User Contributions”) on or through the Website or Services.
Any User Contribution you post to the Website or Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or Services, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. For the avoidance of doubt, User Contributions do not include any reports, lesson plans or other information related to End Users which may be stored by, or on behalf of, Customers via the Services (“Customer Reports”).
represent and warrant that:
You own or control all rights in and to the User Contributions and Customer Reports (collectively, “Customer Materials”) and have the right to grant the license granted above to us and our licensees, successors, and assigns.
All of your Customer Materials do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any Customer Materials you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. All Customer Materials must comply with the Content Standards set out in these Terms of Use.
We are not responsible, or liable to any third party, for the content or accuracy of any Customer Materials posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any Customer Materials for any or no reason in our sole discretion.
Take any action with respect to any Customer Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such Customer Materials violates the Terms of Use, 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 Website or the public, or could create liability for the Company.
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 Website or Services.
Terminate or suspend your access to all or part of the Website or Services for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate 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 Website and Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website or Services 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.
Content Standards
These content standards apply to any and all Customer Materials and use of Interactive Services. Customer Materials must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Customer Materials must not:
Contain any material which 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 of Use 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.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any Customer Materials violate your copyright, please contact us pursuant to Section 20.
Disclaimer
THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE SERVICES AND ANY SOFTWARE) ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (II) THE RESULTS OF USING THE SERVICES WILL MEET USER'S REQUIREMENTS. USER'S USE OF THE SERVICES IS SOLELY AT USER'S OWN RISK.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Reliance and Revisions
The materials appearing on the Website and Services could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on the Website and Services are accurate, complete, or current. Any reliance you place on such materials is strictly at your own risk. The Company may make changes to the materials contained on the Website and Services at any time without notice. The Company does not, however, make any commitment to update the materials.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or the Company’s services, including, but not limited to, your Customer Materials, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website, your violation of any third-party right or any law, rule or regulation of the United States or any other country.
Governing Law
All matters relating to the Website, the Services and these Terms of Use and any dispute or claim relating to the Website or Services shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
Assignment
You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 19 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use. We may transfer, assign or delegate these Terms of Use and their rights and obligations without consent.
Your Comments and Concerns
This website is operated by LambdaGuild, Inc., 88 Clifton Place, Jersey City, NJ 07304.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@lambdaguild.com.
When you visit the Website or send e-mails to Company, you are communicating with us electronically. You hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.