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Classof1 ("Classof1","us","our" or"we") provides you this website ("Site") subject to the following Classof1 Terms and Conditions of Use ("Terms").You need to be a registered user to take advantage of the Site. After you've read these Terms and related policies, you'll need to check a box to let us know you agree (and by doing so, you are telling us that you can lawfully enter into and form contracts under applicable law).Once you accept, this becomes a binding contract between Classof1 and you regarding your use of the Site. If you do not wish to be bound by these Terms, do NOT register and use the Site.
When you register on our Site, you agree to give us accurate, current, and complete information about you. To make sure we have your latest information, you also agree to update your information if there are any changes. You acknowledge that we can (and we will) rely upon all the information that you give us.
Once you have set up your Account, you are solely and fully responsible for:
Parent-Child Accounts If you are a Parent who created an Account on behalf of your child, you are also fully responsible for (a) all of your child's activities on the Site; (b) monitoring and controlling your child's use of the Site; and (c) the consequences of any misuse. The use of the Site by any child under the age of 13 will be governed by and subject to the terms of our Children's Privacy Policy.
Whenever you submit post or display any material (including text, audio, video, pictures, graphics, sound clips, and other works of authorship) ("Content") on our Site, you represent and warrant that:
You retain ownership of all intellectual property and proprietary rights to any Content that you post on the Site. However, by submitting, sending or otherwise making your Content available on or through the Site, you hereby grant us a worldwide, royalty-free, freely transferable, non-exclusive right and license to use, reproduce, distribute, and publicly display your Content in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act reasonably necessary or appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You acknowledge that the display of your Content for any period of time is sufficient consideration for the license granted herein to Classof1.
Any content developed by Classof1 including but not limited to, homework help solutions, tutoring materials, exam preparation materials, essays, case study analysis and documents on Solution Library, is the sole property of Classof1 and Classof1 reserves the right to use and distribute the content as it deems fit including commercial use of the content. Any student or person seeking help is only given the right to use for the solution or material developed for his or her learning and in no way is assigned any rights over the material shared with him or her as part of using Classof1 services. All intellectual property rights of any content developed reside with Classof1.
Our Site is an open marketplace to learn and share knowledge. But we do have some rules. If you break the rules, we reserve the right to disable your Account and remove your Content without notice.
You are NOT allowed to post to the Site any material or link that is or could appear to be “Prohibited Content,” which includes:
To ensure that the Site is only used and accessed for educational purposes, you agree NOT to engage in (or attempt to engage in) any “Prohibited Conduct,” which includes the following:
We have the right, but not the obligation, to monitor any activity and Content associated with this Site.
YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT ON OUR SITE.
By using this Site, you give us the permission to record all your communications through the Site. If you are a Parent of a child user under the age of 13, you can request to have regular access to all records of your child's communications and activities on the Site.
We may investigate any complaints or reported violations of these Terms. At our absolute discretion, we reserve the right to take any of the following actions as we deem appropriate if you violate any of these Terms:
We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other governmental officials. In order to cooperate with governmental requests, to protect our systems and users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted Content. We will report illegal conduct to law enforcement and we will cooperate to ensure that violators are prosecuted to the fullest extent of the law. We reserve the right, at our sole discretion, to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving our Site.
If you want to purchase any Course on the Site either for yourself or on behalf of your child, you must pay using any major credit card issued by a United States bank or using PayPal or alternatively you can do a wire transfer. We may also request your billing address along with your credit card information. If the payment is successful, your credit card will be charged for the full price of the Course. If we are unable to charge your card successfully, we will contact you using the contact information provided in your Account. If your payment method fails, we may collect fees owed using other collection mechanisms (including charging other payment methods on file with us and retaining collection agencies and legal counsel). You may not use the Classof1 cancellation/refund process to unjustly obtain Courses without paying the necessary fees or use your purchased Courses in any way that violates the Terms.
Please see our Privacy Policy (which includes the Children's Privacy Policy) which is part of and incorporated into these Terms.
While we'll always do our best to make this Site fun, safe and easy, please be aware that you're using it at your own risk!
THE SITE IS PROVIDED BY Classof1 ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (EITHER EXPRESS OR IMPLIED) including implied warranties of merchantability, fitness for a particular purpose, implied warranties of title, non-infringement AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE.
If you have a dispute with one or more users, you release us and our affiliates (and our officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree that you will indemnify and hold harmless Classof1 and our affiliates (and their respective employees, officers, directors, agents, and representatives) from and against any and all claims or demands instituted by a third party, arising out of or related to your use of the Site, breach of these Terms or your violation of any law or the rights of a third party, including all costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees).
You will not hold Classof1 responsible for other user's actions or inactions, including Content they post.
IN NO EVENT WILL Classof1 OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (EVEN IF Classof1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF OR INABILITY TO ACCESS OR USE THE SITE, (B) ANY TRANSACTIONS YOU ENTERED INTO THROUGH THE SITE, (C) ANY GOODS OR SERVICES YOU SOLD OR PURCHASED THROUGH THE SITE, (D) ANY OF YOUR DECISIONS BASED UPON OR THE RESULTS OBTAINED FROM THE INFORMATION ON THE SITE, AND (E) ANY COMMUNICATIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
We do not have any “digital rights management” or other security technology features to restrict someone else from copying and redistributing your Content.
We respect the intellectual property rights of others and request that all of our users do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
Our designated agent to receive notification of claimed infringement may be reached at:
Classof1
ATTN: Copyright Agent
1100 112th Ave NE
Suite 100 South Bldg
Bellevue, WA 98004
Phone: 1- 877- 252 - 7763
Fax - 1- 425- 458- 9358
Email: legal@classof1.com
It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual property rights and we also reserve the right to terminate any Account for even one instance of infringement.
We have the right to update or change these Terms (including the Privacy Policy and Cancellation Policy) at any time and for whatever reason. We will send an email to all registered users and prominently post on the Site the specific material changes to these Terms at least thirty (30) days before such changes take effect.
You are responsible for updating your personal information on your Account to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is either invalid or for any other reason incapable of delivering to you the notice described above, our dispatch of the e-mail containing such notice and prominent posting of the changes on the Site will nonetheless constitute effective notice of the amendment described in the notice.
After we have provided notice of material changes to the Terms, we will provide you with the opportunity to confirm your agreement to such changes upon your next log in to your Account. You may choose not to agree to such Terms; however, in such event we may choose to deactivate your Account
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
By accepting our Terms and Conditions your account will Opt-in to marketing e-mails. You have a choice to give or not to give us your consent to use your personal information for marketing purposes and to send you marketing e-mail. When you choose to opt out," you decline to give us your consent (a) to disclose your personal information with our corporate affiliates or corporate partners for their marketing purposes, and (b) to receive marketing communications or promotional materials via email from us, any corporate affiliates, or corporate partners. You can exercise and change your opt-out choices in the following way.
If you choose to "opt out", it may take up to ten (10) days after you "opt out" for your election to be fully effective. Our systems require time to update and promotional mailings using personal information shared before you elected to opt out may already be in process. Thus, your personal information might continue to be shared with our corporate affiliates and corporate partners and you might continue to receive promotional materials from Classof1, our corporate affiliates and corporate partners for up to ten (10) business days after you have changed your opt-out election.
You agree that we may suspend or block your access to the Site, terminate these Terms or terminate your Account at any time and at our sole discretion, with or without cause or any notice to you. If applicable law requires us to provide notice of termination or cancellation, we may give notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after these Terms terminate, your use will constitute your agreement to the Terms then posted on the Site.
You may also terminate your Account and discontinue your use of the Site at any time. These Terms (and all other terms and policies incorporated herein) will continue to apply to all of your past usage of the Site even if you are no longer using the Site.
The provisions entitled "Ownership of Rights to Content," "Copyright License Grant," "General Release and Indemnification," "Disclaimer of Warranties," "Limitation of Liability," and "Privacy" will survive the termination of these Terms.
All notices from us will be sent to you by e-mail, by posting on the Site or by postal mail. We will send notices to you at the e-mail address or physical mailing address maintained in our records for you. You must monitor your e-mail messages frequently to ensure awareness of any notices sent by us.
You can send notices to us (involving anything other than copyright infringement and privacy issues) only through postal mail to the following address:
Classof1
ATTN: Customer Service
1100 112th Ave NE
Suite 100 South Bldg
Bellevue, WA 98004
For notices mailed through First Class mail, it is deemed received three (3) business days after it is deposited in the U.S. Mail or personally delivered by express courier such as Federal Express.
The Site is arranged, sponsored, or managed by Classof1 in the state of Washington, USA. The laws of the state of Washington govern these Terms, without giving effect to any principles of conflicts of laws that would result in the application of the laws of a different jurisdiction.
If a dispute arises between you and Classof1, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Classof1 agree that any claim or controversy at law or equity that arises out of these Terms or our services (a "Claim") will be resolved in accordance with one of the subsections below or as otherwise agreed to in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution through our Customer Support.
Law and Forum for DisputesFor any claim or dispute against Classof1 where the total amount of the award sought is more than $10,000, you agree that it must be resolved by a court located in King County, Washington. You agree to irrevocably and unconditionally submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of litigating all such claims or disputes. To the extent you have in any manner violated or threatened to violate Classof1's intellectual property rights, you agree that we may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration Option For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is $10,000 or less, you agree to submit such claim to confidential arbitration in Seattle, Washington. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association ("AAA"). There shall be one arbitrator that shall be appointed pursuant to AAA procedure within 15 business days of receipt of the demand for arbitration by the respondent(s) in any such proceeding. The arbitration decision or award shall be in writing and shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
No Assignment. These Terms are personal to you. You may not transfer, assign or delegate them to anyone at any time. Any attempt by you to assign, transfer or delegate these Terms will be null and void. We shall have the right to transfer, assign and/or delegate these Terms without your permission.
Entire Agreement.These Terms, incorporated herein by reference, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof
No Agency; Third-Party Beneficiary.We are not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give to any other person any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms are intended to be and are for the sole and exclusive benefit of Classof1 and you.
Severability. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No Waiver. We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy by us will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of Classof1's right to subsequently enforce such provision or any other provisions of these Terms.
Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms.
By participating in the "Halloween Hunt" Contest, you agree to these official rules, which are a contract so read them carefully before entering. Without limitation, this contract includes indemnities to Classof1 from you and a limitation of your rights and remedies (As DEFINED above under "Limitation of Liability)
DURATION OF CONTEST: Classof1's Halloween Hunt Contest begins at 12:01:00 am (PST) on October 27, 2011 and ends 11:59:00 pm (PST) on November 2, 2011. Winners will be announced on or before November 9, 2011, and the prize distributed shortly after announcement.
GRAND PRIZE: The Contest winner will receive 50,000 Reward Points, which are redeemable for prizes in accordance with the terms and conditions of Classof1 Reward Points redemption program currently in effect published on www.Classof1.com. Only one prize will be awarded. Approximate value of prizes that may be obtained upon redemption of 50,000 Classof1 Reward Points: $250.
OTHER PRIZES: For every Halloween Monster found by the user, they will be rewarded with 25 Reward Points. So each participant is eligible for at least 175 RP over the duration of the contest.
The Reward Points can be redeemed for great rewards like laptops and iPods; they can be used to save money during Homework Help purchases as well. The Reward Points are also transferrable among other registered users at Classof1.
ELIGIBILITY: No purchase necessary to win. Contest open to all registered users of Classof1.com who are 13 years old and a resident of the 50 United States. Employees of Classof1 and its affiliates and subsidiaries and any entities participating in the design, promotion, marketing, administration or fulfillment of this Campaign and all of their respective officers, directors, employees, representatives and agents (collectively, "Released Parties"), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Campaign. All rights and responsibilities of a minor under these Official Rules are assumed and given by the minor's parent or legal guardian.
HOW IT WORKS: The contest can be played only when the user is logged into their Classof1 Account. At the beginning of the Contest, one Halloween Monsters will be hidden on the Classof1 website. The clue to find this Halloween monster would be hidden in a pumpkin head which would also be hidden on the Classof1 website. The clue to finding the pumpkin head would be posted on Classof1's Twitter and Facebook pages. To enter the Contest, a user must find the Halloween Monster and click on it. The user receives 25 RP and also one entry into the contest for a chance to win the Grand Prize of 50,000 RP. An additional Pumpkin Head and the corresponding Halloween Monster would be placed hidden on the website every day throughout the duration of the contest. All the Halloween Monster and Pumpkin Heads would remain in their place, either until they are found or until the contest ends, whichever is earlier. Within 7 days of the end of the Campaign Period, Classof1 will hold a random drawing among all valid entries at its offices, and select one winner.
So the more Halloween Monsters you find, the more entries you add to the contest, thereby greatly increasing your chance of winning the Grand Prize.
Winner will be announced on the Classof1's Facebook and Twitter pages.
Classof1.com reserves the right to partially or completely discontinue the 'Halloween Hunt Contest' at any time without prior information to anyone. Decisions of Classof1.com is final on all matters relating to the Halloween Hunt Contest, including interpretation of these Official Rules, determining the winners and awarding of the prizes.
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
Classof1 WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY Classof1 TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE Classof1 PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY Classof1, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO Classof1 COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
TRADEMARK NOTICE
The trademarks Classof1 and all other trademarks or service marks used in the Site are owned or used under permission from their respective owners by Classof1 and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks or service marks. You may not use any of the trademarks or service marks displayed on this Site or in any Course without prior written consent from their respective owners.
COPYRIGHT NOTICE
© 2002-2010 Classof1 All rights reserved.
All Content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent or the consent of the licensors of such Content. Modification or use of the materials for any other purpose may violate intellectual property rights.
