CLASS Service Policies
CLASS Service Policies
The Terms and Conditions contain important information related to your legal rights, remedies, and obligations in connection with your use of the Website and/or its services. If you do not agree to be bond to these terms, you MUST stop using or accessing the website and/or services immediately. These Terms apply to all visitors, parents, users, mentors, contributors, and others whoever access or use the website, its information, and services.
b. Privacy and Protection of Your Information
“Authorized Users” means individuals who are accessing CLASS Services via an online sign-up process, or individual users authorized by you to use the Services and who you have supplied user identifications and passwords to.
“Learners” refers to individuals who are registered members to receive services via CLASS’s platform.
“Services” means any online sessions or crowdsourcing competitions or other services provided by CLASS.
Service and Fair Use
CLASS provides an online platform with related technology for CLASS learners to connect with CLASS mentors to conduct lessons through the CLASS Application interface. CLASS’s role is solely to facilitate the availability of the services stated on the website. CLASS does not server as a contractor or representative of any mentor or users who use CLASS’s services. CLASS Mentors are not employees or agents of CLASS, therefore they are responsible for all tax withholding.
CLASS has the right to suspend any abusive practices that degrade the performance of the Services for any customers of CLASS.
a. User Account Creation & Termination
A CLASS user may only have one CLASS account for all the services provided by CLASS, and you may not share your account or any of the CLASS services with others. A parent or guardian may create an account for a minor who is less than 18. As a CLASS user, you must provide accurate and complete information when creating an account. It is your responsibility to keep your password private and update your account information to keep it current and accurate. You agree you will not sell or share any resources that belong to CLASS. You agree to notify CLASS immediately if you suspect any unauthorized use of your account or access to your password. Also, CLASS has the right to terminate your account for any reason at our sole discretion without notice and without liability.
b. Account Deactivation
You may deactivate your account at any time throughout the Services. Your account will only be deactivated and/or closed after all transactions have been processed including payment of assessed fees. If you’d like to deactivate your account please contact us. Even if your account is deactivated, your photos, reviews, ratings, chat messages, past lessons and any other data you have shared via the Services may persist within the Service after deactivation of your account (for example, a student can go back and view a past lesson). CLASS may also deactivate or suspend your account in its sole discretion any reason, including but not limited to inactivity or misuse.
c. Updates and Functionalities
CLASS has the right to apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services including the addition, modification, or removal of functionality, features, or content. Excluding the addition of wholly new products, CLASS shall provide, implement, configure, install, support, and maintain, at its own cost, any and/or all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Services (collectively, the “Updates”).
CLASS offers a range of membership plans to its Services (defined as “Plan”). You will select your Plan as part of registration for the Service, which will begin with a free trial. Each membership period for a Plan will be based on the membership period chosen (e.g. monthly, annually). You may choose to be billed for the Plan annually, or monthly, but regardless of your billing cycle, you are responsible for the membership fee for the entire membership period chosen/ sold.
At the end of your current membership period, your Plan will be automatically renewed for a new subscription period equal to your prior subscription period unless you provide CLASS with email notice (sent to: [email protected]) of your explicit expression not to renew your Plan at least thirty (30) days prior to the end of the then-current subscription period.
a. Free Trial Membership
CLASS is a membership-based service provider. CLASS offers 6-month free trials for registered learners who are authorized users to receive Lesson Services from mentors for the time period specified in the promotional offer (“Trial Period”). In order to use the Services during a Trial Period, you will be required to provide payment information. Trials may not be combined with any other offer and are only available to Authorized Users who do not currently have an account at the time of registration, unless otherwise stated in the promotion details. CLASS reserves the right, in its sole discretion, to revoke any Lesson Services time made available to you or purchased by you in connection with a Trial Period if it believes that you have created multiple Accounts via the Services. At the conclusion of the Trial Period, you will be billed for any time used beyond the specified Trial Period as described herein and via the Services.
If you have a monthly membership plan, you can upgrade at any time to the annual plan. Also, you can choose to downgrade at any time to monthly membership. If you choose
C. Cancellation of Membership
You may cancel your Plan at any time. For the purpose of clarity, the membership fee is non-refundable. If you cancel your plan prior to the conclusion of your current membership period, you will remain responsible for payment for all membership fees, if applicable. through the conclusion of your current membership period.
If you cancel your Plan, you will lose all access, upon the expiration of your current prepaid period, to the Services and any data or information stored in your account.
D. Deleting Account
When you delete your account, all the information you have on your account will be permanently deleted. CLASS will not be able to retrieve the information and is not responsible for the loss of information.
Booking, Cancellation and Refund
Students can make a schedule at most 30 days in advance, and at the latest of 30 minutes before a session starts. It is the student’s responsibility to make sure the schedule is accurate.
The learners agree to pay the Mentors the agreed upon rate for the selected services when booking a session on the payment method he/she sets up when registering. The student will never give or make payments directly to the Tutor.
Cancellations of Booked Services
If the learner cancels a session on less than 2 hours’ notice, the learner will be fully charged for that session. Lessons not attended for any reason by the student without cancelling 2 hours prior to the session shall be charged at the full rate. In the event of an emergency, the learner should contact CLASS with compelling evidence to demonstrate the inability of attending the class, CLASS will review the evidence and decide about offering a refund.
In terms of cancelling a session, the Mentor is expected to follow the standard of professionalism when cancelling a class. In the event when an emergent situation occurs, the mentor can cancel a session anytime and students are not charged.
Disclaimer about Refunds
If for any reason you are not satisfied with a mentor after receiving a Consultation Service from such mentor, you are encouraged to provide a feedback to the mentor. Nonetheless, CLASS is not responsible to refund for the session. If the mentors by some reason not show up, and by any reason you are charged, you have the right to request a full refund.
Crowdsourcing - e-Creatives
Acceptance of Terms
The following terms and conditions constitute a contract between you and CLASS e-Creatives and govern the use of the Sites and the Services. Capitalized terms are defined throughout this Agreement and in the section Certain Defined Terms below.
The Sites and Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Sites. Please read these terms and conditions carefully before accessing the Sites or using any of the Services. By accessing, registering with, or using any of the Sites or Services, you acknowledge that you did read, understand and agree to be bound by these terms of service (“Terms of Service” or “the Agreement”).
We reserve the right, in our sole discretion, to change, modify, add or delete portions of this Terms of Service at any time without notice. Any changes will be effective upon posting of the Terms of Service on the Sites and may be made without any other notice of any kind. Continued use of the Sites or Services after any changes to the Terms of Service signifies your understanding and acceptance of the new Terms of Service.
If you do not agree to any of the terms and conditions contained in these Terms of Service, your only remedy is to not access the Sites or use the Services.
This Agreement is effective as of September 9, 2020. Your continued use of the Sites or the Services after such time will signify your acceptance of this Agreement.
User Information & User Generated Content
You acknowledge that CLASS e-Creative has no obligation to pre-screen or validate User Information or User Generated Content (“UGC”) contributed to the Site(s) or through the Services. You are solely responsible for providing accurate, current and complete information in connection with any User Information or UGC that you publish to the Sites or make available through the Services and represent and warrant that you have all necessary rights to submit such User Information or UGC to us.
You agree not to upload, post, transmit or otherwise make available any User Information or UGC that (when used as contemplated by the Services):
- may violate or infringe any right of CLASS e-Creative or any third party, including without limitation any privacy, trademark, copyright or other intellectual property right;
- is illegal, harmful, threatening, abusive, tortuous, defamatory, offensive, invades another’s privacy, or promotes discrimination or harm against any individual or group in any way;
- may violate any applicable municipal, state or federal law, rule, regulation or ordinance;
- advertises, promotes or offers to trade any goods or services;
- disrupts, interferes with, or otherwise harms or violates the security of the Sites or Services,
- “flames” any individual or entity, including CLASS employees (e.g., sends repeated messages or makes derogatory or offensive comments about another individual or CLASS team member);
- contains personally identifiable information of others, including, but not limited to, last names, physical or email addresses, worker ID’s or phone numbers; or
- otherwise violates these Terms of Service.
You acknowledge that CLASS has the right, but not the obligation, at any time and without prior notice, to refuse, remove or disable any User Information or UGC, which you submit or is otherwise available via the Sites or through the Services.
You acknowledge and agree that CLASS may preserve User Information and may also disclose User Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any UGC violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CLASS, its owners, its users and the public.
As a user of the Sites or the Services, you represent and warrant that you will not use the Sites or Services to:
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any UGC;
- disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- reproduce, duplicate or copy or exploit any other portion of the Sites or the Services other than as permitted herein or with the express written permission of CLASS;
- interfere with or disrupt any servers or networks or disobey any requirements, procedures, policies or regulations of any servers or networks connected to the Sites or Services;
- harm minors in any way;
- obtain, collect, store or modify the personal information of other users of the Sites or Services;
- falsely imply that some other site is associated with CLASS, the Sites or the Services; and
- use the Sites or Services for any illegal or unauthorized purpose.
Without limiting any of the above representations or warranties, CLASS shall have the right, but not the obligation, to terminate or deny access to and use of the Sites or Services to any individual or entity for any reason, in CLASS’s sole discretion.
Content License From You
By submitting UGC to the Sites or Services, you shall be deemed to grant to CLASS a worldwide and non-exclusive, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, create derivative works from, store, transmit, perform, display, sell, publish, broadcast, modify, distribute, or otherwise use such or UGC (in whole or part) and will constitute an assignment to us of all worldwide rights, including but not limited to, print and/or online media and all electronic, online media, title and interests in your UGC, including all copyrights and other intellectual property rights. All UGC shall be deemed as works “made-for-hire” and CLASS, not you, shall be considered the legal author.
CLASS will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, create derivative works, improve and modify any UGC you submit for any purpose whatsoever, without restriction, obligation, notification or compensation to you. Your use of the Sites or Services to generate, submit and/or post UGC confirms your representation and warranty that you possess all necessary legal rights, power and authority to grant to CLASS the foregoing license.
You further represent, warrant and agree that the UGC you generate, submit or post will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, and will not contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements.
Copyrights, Limited Licenses, Trademarks and Proprietary Property Rights
You are allowed to download or print a single copy of any portion of the Sites to which you have properly gained access. Use of downloaded or printed copies of any content on the Sites or made available through the Services is limited to your personal, non-commercial use provided that all copyrights and proprietary notices are kept intact. Other than the limited personal license listed above, and in consideration of your use of the Sites and the Services, you agree that:
- the Sites and Services are the proprietary property of CLASS, or its licensors with all rights reserved;
- no person is allowed to use, copy, reproduce, display, transmit, redistribute, republish or sell any content found on the Sites or made available through the Services, in whole or in part, without express written consent from CLASS.
- CLASS and any other associated Company graphics, logos, designs, page designs, page headers, buttons, icons, scripts and service names that are used to represent the Sites or Services rendered by the Company are registered trademarks, trademarks and/or service marks or trade dress of the Company in the United States and/or other countries. These trademarks and trade dress may not be copied or imitated, in whole or in part, without the prior written consent of CLASS.
- In accordance with the Digital Millennium Copyright Act of 1998, CLASS will respond expeditiously to all claims of copyright infringement that are reported to CLASS. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to CLASS by providing all the necessary information to [email protected].
You agree that, except as expressly authorized in writing by CLASS, you (a) will not use or permit the use of Confidential Information (as defined below) in any manner or for any purpose not expressly set forth in this Agreement or directed by CLASS; (b) will effect and maintain adequate security measures to safeguard the Confidential Information from unauthorized access, use and/or misappropriation; and (c) will not disclose or publish any Confidential Information to any third party without first obtaining CLASS’s express written consent on a case-by-case basis.
“Confidential Information” means all information related to CLASS’s business, including all work requests on the Sites or Services, and without limitation (i) project information, instructions, input data, style guides, and 3rd party information relating to CLASS tasks; (ii) trade secrets, ideas, processes, computer source and object code, formulae, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs, and techniques; (iii) information regarding products or plans for research and development, marketing and business plans, budgets, financial statements, contracts, prices, suppliers, and customers; and (iv) information designated by CLASS, in writing, as Confidential Information.
Notwithstanding the foregoing, it is understood that you are free to use information that is generally known in the trade or industry, information that is not gained as a result of a breach of these Terms of Service, and your own skill, knowledge, know-how, and experience. Confidential Information shall not include information that was known to you prior to CLASS’s disclosure hereunder (and can be demonstrated by written proof) or that becomes publicly available through no fault of you.
If we issue you an account or login in connection with your use of the Sites or Services, or any portion thereof, you will be deemed a “Registered User”. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
Certain portions of the Sites and/or Services may be accessible only to Registered Users. If you are a Registered User, you may not authorize, permit or otherwise allow any third party to access and/or use your username, password or account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. You agree to notify us immediately of any unauthorized use of your username, password or account. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use by the party using your account.
CLASS may, in its sole discretion, terminate or suspend your Account and/or your access to, and/or use of, the Sites or Services, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that if your authorization to access the Sites is terminated, you will not thereafter access, or attempt to access, the Sites, directly or indirectly.
Links to Third-Party Content and Sites
The Sites and Services may provide links to content (including images, pictures, text, graphics, designs, audio, music, video, sound, software, applications) or websites (“Third Party Sites)”). The Company does not control these Third Party Sites, and therefore our Terms of Service do not apply. Before using, browsing or accessing these Third Party Sites, you should take the time to familiarize yourself with their Terms of Service. We do not monitor, read, check for accuracy, appropriateness or completeness, endorse or approve any Third Party Site, and are therefore not responsible for any content outside of the Sites.
CLASS does not guarantee the accuracy, integrity or quality of the information on the Sites or their constituent Services. Under no circumstances will CLASS be liable in any way for any claim arising out of or related to the Sites or Services, including, but not limited to, for any errors or any omissions on the Sites, or for any loss or damage of any kind as a result of the use of any content posted on any of the Sites or made available through the Services, whether posted by you or CLASS.
The Sites and Services are provided “as-is”. CLASS disclaims any and all representations or warranties, express or implied, including warranties of title, merchantability, fitness for a particular purpose or non-infringement. CLASS does not guarantee that the Site’s content and/or code is error-free, nor does it guarantee that its servers or the third-party servers it employs are free of viruses.
CLASS is not responsible for interactions between, or actions of, individuals stemming from usage of the Sites or Services, whether online or offline and reserves the right to change the Sites and Services, software, content or data contained within or offered by the Sites or the Services at any time without notice.
By visiting the Site and/or Service, you agree that the laws of the United States and the State of Illinois, without regard to principle conflict of laws, will govern these Terms of Service and any dispute that may arise between you and the Company or its Affiliates.
By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our Services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States.
You agree to indemnify, defend and hold the Company, its affiliates and subsidiaries, and each of their directors, executives, attorneys, agents, employees, partners and contractors harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) User Information and UGC you submit, post or transmit or make available through the Sites or Services, or (ii) violation of these Terms of Service or any applicable law or (iii) any legal proceedings threatened or initiated against the Company by a third party as a result of the events described in this section, or your violation of any rights of another, including but not limited to intellectual property rights.
Limitation of Liability
You agree that the Company will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential loss or damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Sites or Services or the provision of any other goods or services under this Agreement and whether or not as a result of any breach or default by, or any negligence of, CLASS or its affiliates.
In any event, the maximum aggregate liability of CLASS under this Agreement for any and all breaches of this Agreement and for any negligent or other act or omission in relation to this Agreement, will not exceed the amount of the fees paid by CLASS to you.
Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of CLASS will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by legislation.
You agree that any submissions, feedback, comment, questions or ideas submitted to CLASS are non-confidential and become the sole property of CLASS. CLASS owns exclusive rights, intellectual property rights included, and is entitled to unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without compensation to or acknowledgement of you.
If you have any questions or need further information as to the Sites or Service(s) provided by CLASS, or need to notify CLASS as to any legal matters relating to the Sites or Service(s) please contact CLASS at:
Attn: Ardiana Sula
550 Acorn Ln, Milford CT 06461 USA
These Terms of Service constitute the entire agreement between you and CLASS regarding the use of the Sites and/or the Services, superseding any prior agreements between you and CLASS relating to your use of the Sites or the Services. The failure of CLASS to exercise or enforce any right or provision of these this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Certain Defined Terms
Any capitalized term not otherwise defined in this Agreement has the meaning given such term below and as used throughout this Agreement:
“CLASS”, “we”, “us” “our” or the “Company”, mean(s) CLASS-solutions.com, it’s network, any associated services and sub-domains, and its corporate affiliates and subsidiaries, including but not limited to, CLASS llc..
“Registered Account” means any account that you have established with CLASS, or its affiliates, or any successor or replacement websites.
“Service(s)” means any service that we sell, offer to sell, provide on or through the Site, or that you request or receive through the Sites.
“Sites” means the websites located at www.CLASS-solutions.net, and any successor or affiliate website thereto, including: all Services provided by or through the service platform on the Sites, the networks connected to or accessible through the Services and all site content including, any material, content, text, pictures, software, videos, music, information and other files created, located, displayed on any the Sites or submitted through the Services.
“Third-Party Content” means any content not created by CLASS, including but not limited to User Generated Content.
“Third-Party Sites” – Means any site not owned by CLASS.
“User Information” means any information that you submit in relation to establishing a profile or Registered Account with CLASS.
“User Generated Content” or “UGC” means any content submitted to CLASS or posted on the Sites or the Services, in any form or medium, by users of the Sites and Services, including, without limitation, qualification tests, comments, reviews, recommendations, preferences, data, questions, answers, responses, comments, feedback, instructions, proposals, ideas, suggestions, creative content, copy, phrases, text, logos, symbols, designs, and images.
User Generated Content
The website allows CLASS members to generate content. Mentors may create content using CLASS’s content editor, and post this content on their pages. Also, e-creatives will create content by using the open projects submission form. All this content will be available to CLASS users. In this agreement we refer to all this content as the “User Content”. In order for us to make the User Content you contribute available on the website, we need the right to make use of such User Content in accordance with and subject to this agreement.
Therefore, by contributing User Content to the website, or creating it on the website you automatically admit this User Content has become the property of CLASS, and you also grant to us an irrevocable and perpetual (except as set forth in this agreement), exclusive, non-transferable, and worldwide license, by ourselves or with CLASS members, to use, copy, and print. CLASS has the right to distribute the User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, and to license or permit others to do so. This license also grants us the right to sublicense that User Content to other users to permit their use of that User Content in the manner in which the Service from time to time permit User Content to be used.
Intellectual Property and Copyrights
This Terms and Conditions protects the intellectual property rights of CLASS.
Contents, logos and visual media are Intellectual Property that belongs to CLASS website, operated by CLASS LLC, and are protected by copyright laws.
You shall (i) be responsible for your compliance with these Terms of Service, including the Fair Use Policy; (ii) be solely responsible for the accuracy, quality, integrity, and legality of Mentors Content and of the means by which you acquired or generated Mentors Content; (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, including keeping your password and username confidential and not permitting any third party to access or use your user name, password, or account for the Services; (iv) be solely responsible and liable for all activity conducted through your account in connection with the Services; (v) promptly notify CLASS if you become aware of or reasonably suspects any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any Authorized User’s) user name, password, or account; (vi) use the Services only in accordance with applicable laws and government regulations; (vii) comply in all respects with all applicable terms of the Third-Party Services that you subscribe to or otherwise access in connection with your use of the Services. You must not (a) make the Services available to anyone other than yourself; (b) use the Services to store or transmit any content that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law; (c) upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (d) attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (e) access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services; (f) attempt to gain unauthorized access to the Services or its related systems or networks; or (g) authorize, permit, or encourage any third party to do any of the above.
As between you and CLASS, CLASS retains all rights, titles, and interest in and to the Services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of CLASS’s rights or interests therein or any other CLASS 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. You may from time to time provide suggestions, comments or other feedback to CLASS with respect to the Services (“Feedback”). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for CLASS notwithstanding anything else. You shall, and hereby do, grant to CLASS a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
You shall defend, indemnify, and hold harmless CLASS, its affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys’ fees, of any kind or nature which are in connection with or arising out of a claim (a) alleging that your use of the Services infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates applicable law; (b) relating to, or arising from your breach Section 4.6; or (c) relating to, or arising from, Third-Party Services.
Where the Student is a legal minor, the Parent/Guardian shall enter into this tutoring contract on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall class, its directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill use, or data or other intangible losses, that result from the use of, or inability to use, the services or any other aspect of this agreement. under no circumstances will class be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the services or your account or the information contained therein.
The parties acknowledge and agree that the essential purpose of this section is to allocate the risks under these terms between the parties and limit their potential liability given the fees charged under this agreement, which would have been substantially higher if class were to assume any further liability other than as set forth herein. the parties have relied on these limitations in determining whether to enter into these terms. nothing in this agreement is intended to exclude or restrict or shall be construed as excluding or restricting the liability of class for (i) death or personal injury caused by the negligence of class, its employees, or its agents; (ii) willful misconduct of class; or (iii) any liability which cannot be limited or excluded by applicable law.
CLASS reserves the right to modify, supplement, or replace the terms of this Agreement, effective upon posting on the CLASS website or notifying you otherwise. Your continued use of the Services after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new terms. Except for changes made by CLASS as described here, no other amendment or modification of this Agreement shall be effective unless set forth in a written agreement bearing a written signature by CLASS and you