IMPORTANT! AS WITH ALL CONTRACTS, IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THESE TERMS AND AGREE TO THEM FOR YOU. IF YOUR PARENT OR GUARDIAN DOES NOT READ AND AGREE TO THESE TERMS ON YOUR BEHALF, YOU DO NOT HAVE PERMISSION TO USE THE SITE OR SERVICES.
ClassTrak.com (“ClassTrak” or “we”) provides a platform which enables course leaders (“Teachers”) to manage their educational courses and other groups (“courses”) through our website, accessible at www.classtrak.com (the “Site”; and the services provided through such Site, the “Service”). Using the Site, Teachers create courses where course members (“Students”) and their parents or guardians ("Parents"), when they are enrolled by the Teachers, can access materials and information related to the course, and where Teachers and Students can post messages and updates about course-related topics. We want to make communication between Teachers, Students and Parents easier so that Students can do better at school.
and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site, Service and Collective Content (defined below), and constitute a binding legal agreement between you and ClassTrak.
Use by Children
ClassTrak collects limited personal information from minor Students, but only where that student's school, district, and/or Teacher has contracted with ClassTrak to collect personal information from Students for the use and benefit of the learning environment. ClassTrak requires schools, districts, and/or Teachers to obtain parental consent from Students' Parents before collecting any such personal information. If you are a Student, please do not send any personal information about yourself to us, other than what we request from you when you are able to sign up for the Services. In the event that we learn that we have collected personal information from a Student without parental consent being obtained by his or her school, district, and/or Teacher, or if we learn a Student has provided us personal information beyond what we request when he or she signs up for the Website, we will permanently delete that information as quickly as possible. If you believe that a Student may have provided us personal information beyond what is requested when signing up for the Website, or that a Student's school, district, or Teacher has not required parental consent prior to our collection of any personal information, please contact us at firstname.lastname@example.org.
(a) If you are a Student, the following terms also apply to you:
(i) Remember, you must get your Parent to read this Agreement before using the Website.
(ii) You will only register for and access the Services as a Student registrant, and not as a Teacher, school, district, Parent, publisher, or any other category of user, whether offered by ClassTrak now or in the future.
(b) If you are accessing the Services on behalf of a school or district, the following terms also apply to you:
(ii) You will only grant access codes to Teachers who are current employees of your school or district. Upon termination of a Teacher's employment with you, you will require such individual to return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your school or district who is not, in fact, affiliated with your school or district, you will notify ClassTrak immediately.
(c) If you are accessing the Services as a Teacher, the following terms also apply to you:
(i) You represent and warrant that you have permission from your school and/or district to enter into this Agreement and to use the Services as part of your curriculum. You further represent and warrant that you are entering into this Agreement on behalf of your school and/or district, and that you have authority to bind your school and/or district to the terms of this Agreement.
(d) If you are accessing the Services as a Parent, the following terms also apply to you:
(i) You will only use the Parent page(s) provided to you by your child or children's Teacher(s). You agree not to access the account or information about anyone other than the child for whom the parent page was provided.
(ii) You understand that your acceptance of this Agreement indicates that you are agreeing to these terms both on your own behalf as well as on behalf of your child or children who use the Website. Children under 18 must not use the Website, however, until after a parent has accepted this Agreement on their behalf.
Key Content-related Terms
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“ClassTrak Content” means Content that ClassTrak makes available through the Site or Service, including any Content licensed from a third party, but excluding Member Content.
“Member” means a person that completes ClassTrak’s account registration process, whether as an Teacher, Student or as a Parent, as described under the “Account Registration” section below.
“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Service, including course syllabi, lecture handouts or presentations, or other reading materials.
“Collective Content” means, collectively, ClassTrak Content and Member Content.
Certain areas of the Site (and your access to or use of certain Service or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Service or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Service or Collective Content, as applicable.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICE,OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICE OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Fees and Payment
Optional premium paid services are available on the Website. By selecting a premium service you agree to pay ClassTrak the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
ClassTrak reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Service or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Service.
In order to access certain features of the Site and Service and to post any Member Content on the Site or through the Service you must register to create an account (“Account”) and become a Member.
Accounts for Students and Parents will be created by Teachers. Students and Parents are considered to be registered once they have accepted the Terms of Service.
The Site, Service and Collective Content are protected by copyright, trademark, and other laws of the Canada and foreign countries. You acknowledge and agree that the Site, Service and Collective Content, including all associated intellectual property rights, are the exclusive property of ClassTrak or its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Service or Collective Content.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or Service (“Feedback”). You may submit Feedback by sending us an email at email@example.com or through the “Feedback” section of the Site. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, offensive or otherwise inappropriate taking into account the audience; (v) promotes discrimination, bigotry, racism, hatred, harassment, bullying or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Collect or store any personally identifiable information from the Site or Service from other users of the Site or Service without their express permission, or send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Impersonate or misrepresent your affiliation with any person or entity;
Use, display, mirror or frame the Site or Application, or any individual element within the Site or Service, ClassTrak’s name, any ClassTrak trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, or use any meta tags or other hidden text or metadata utilizing a ClassTrak trademark, logo URL or product name, without ClassTrak’s express written consent;
Access, tamper with, or use non-public areas of the Site, ClassTrak’s computer systems, or the technical delivery systems of ClassTrak’s providers, or forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Service or Collective Content to send altered, deceptive or false source-identifying information, or interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Service;
Otherwise use the Site, Service or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
ClassTrak will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ClassTrak may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that ClassTrak has no obligation to monitor your access to or use of the Site, Service or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You agree to comply with any acceptable use or no harassment policy that ClassTrak may post to the Site from time to time. ClassTrak reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that ClassTrak, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Service. If you have any concerns about any Collective Content, please contact ClassTrak at firstname.lastname@example.org.
The Site or Service may contain links to third-party websites or resources. You acknowledge and agree that ClassTrak is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or service on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ClassTrak of such websites or resources or the content, products, or service available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or service on or available from such websites or resources.
ClassTrak is not an educational institution. We do not provide, vet or monitor the courses or Member Content (including course-related materials) being provided on or through the Site or Services. If you want to access a course through the Site or Services, you do so at your own risk. THE SITE, SERVICE AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CLASSTRAK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. CLASSTRAK MAKES NO WARRANTY THAT THE SITE, SERVICE OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CLASSTRAK OR THROUGH THE SITE, SERVICE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICE. YOU UNDERSTAND THAT CLASSTRAK DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICE, NOR DOES CLASSTRAK MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICE. CLASSTRAK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold ClassTrak, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Service or Collective Content, or your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICE AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER ClassTrak NOR ANY OTHER person or entity involved in creating, producing, or delivering the Site, Service or Collective Content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising out of or in connection with THESE TERMS or from the use OF or inability to use the Site, Service or Collective Content, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SITE OR SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR SERVICE whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not CLASSTRAK has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
In no event will CLASSTRAK’S aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICE OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLASSTRAK AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Quebec, Canada without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the courts located in the Montreal Quebec and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
All trademarks, service marks, logos, trade names and any other proprietary designations of ClassTrak used herein are trademarks or registered trademarks of ClassTrak. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. The failure of ClassTrak to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ClassTrak. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between ClassTrak and you regarding the Site, Service and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ClassTrak and you regarding the Site, Service and Collective Content. You may not assign or transfer these Terms, by operation of law or otherwise, without ClassTrak’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ClassTrak may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by ClassTrak via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If you have any questions about these Terms, please feel free to contact ClassTrak at email@example.com.