This Agreement was last modified on August 10, 2015.
Please note that the Agreement includes hyperlinks that may be accessed only through the Core Principle website (non-mobile), so if you are reviewing the Agreement through mobile and other devices, you must visit www.class120.com/terms-of-use to review these hyperlinks.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Class120 is a suite of attendance applications for smartphones and tablets. With the free Class120 applications, users may access information related to student success in college. Subscribers to Class120 paid Services also enjoy access to premium content and services including class attendance monitoring and notifications.
A. Notification Procedures and Changes to the Agreement
Core Principle may provide communications, whether such communications are required by law or are for marketing or other business related purposes, to you via text message, email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Core Principle in our sole discretion. Core Principle reserves the right to determine the form and means of providing communications to our Users, provided that you may opt out of certain means of communication as described in this Agreement. Core Principle is not responsible for any automatic filtering you or your network provider may apply to email messages we send to the email address you provide us.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Core Principle without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
C. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Core Principle in connection with the Service, shall constitute the entire agreement between you and Core Principle concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
We make available applications to access the Service via a mobile device. To use the applications, you must have a mobile device that is compatible with the Service. Core Principle does not warrant that the applications will be compatible with your mobile device. It is your responsibility to determine whether your mobile device supports the Class120 applications available from the Apple or Android marketplaces.
Core Principle hereby grants you a non-exclusive, non-transferable, revocable license to use the free applications personally or at an educational institution; with respect to Class120 subscribed services, a non-exclusive, non-transferable, revocable license to use the paid applications personally or at an educational institution shall commence upon your completion of the subscription registration and payment of the relevant fee(s). With respect to the applications, or any embedded third-party technology, you may not: (i) modify, disassemble, decompile or reverse engineer the applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the applications to any third party or use the applications to provide data to a third party; (iii) make any copies of the applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the applications, features that prevent or restrict use or copying of any content accessible through the applications, or features that enforce limitations on use of the applications; or (v) delete the copyright and other proprietary rights notices on the applications. Core Principle reserves all rights not expressly granted herein.
You acknowledge that Core Principle may from time to time issue upgraded versions of the applications, and may automatically electronically upgrade the version of the applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be embedded or incorporated in the applications is covered by the applicable open source or third-party licensing agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the applications or any copy thereof, and Core Principle or its third party partners or suppliers retain all right, title, and interest in the applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
If the applications are being acquired on behalf of the United States Government, then the following provision applies: use, duplication, or disclosure of the applications by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The applications originate in the United States, and are subject to United States export laws and regulations. The applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the applications and the Class120 Service.
The following applies to any applications you acquire from the iTunes Store (“iTunes-Sourced Software”): you acknowledge and agree that this Agreement is solely between you and Core Principle, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Core Principle as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Core Principle as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Core Principle, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Core Principle acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
3. Class120 Subscription Services
A. Geographic Coverage
Class120 is a service that is designed for residents of the continental U.S., Alaska, and Hawaii. At this time, Core Principle does not offer Class120 geolocation features internationally; however, international customers may purchase accounts for students attending college in the U.S.
B. Billing Policies
If you elect to use Class120 subscribed Services, you must agree to our pricing and payment terms at the time for payment, which terms may be updated from time to time. Core Principle may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; however, Core Principle shall honor the pricing plan in effect at the time of purchase for the duration of your contract.
C. Pricing and Payment Terms
1. Class120 subscription/service fees are payable in advance
All subscription charges for the Service are payable in advance and are non-refundable. Any Class120 subscription Service is purchased monthly or annually, and billed either monthly or annually. Two-year service plans are also available at a discounted price. Core Principle is not responsible for any charges or expenses you incur resulting from charges billed by Core Principle in accordance with your Service purchase (e.g., overdrawn accounts, and exceeding credit card limit). By providing a credit card number or other payment method with advance authorization features, you authorize Core Principle to continue charging the payment method for all charges due Core Principle until your Class120 account expires, is settled, or is terminated by either you or Core Principle. Core Principle reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.
2. Class120 trial period
After initial registration of a Class120 account, you will be given a trial period beginning with your first login to Class120. You are limited to one trial per person (credit card or other unique payment or identification method) for any 12-month period. If you want to change your account type, you may do so at any time (either before or after the trial period). You may cancel your account at any time during the 30-day trial, and no payment will be required. If you do not cancel your account during the trial period, you will be charged at the conclusion of the trial period, based on the account type you selected during registration. To cancel your Class120 account at any time, please send an email to firstname.lastname@example.org or call (855) 724-1510. If you send an email, include your name, the email address you registered with, and a phone number where you can be reached. Your account will be canceled within three business days of your cancelation request.
3. Payment methods
Core Principle accepts credit and debit cards issued through Visa and MasterCard through our payment gateway provided by Authorize.Net. All payments are processed through Authorize.Net. We do not store your full credit card account number.
Core Principle requires that you provide the security code for your debit or credit card to protect against the unauthorized use of your card by other persons. The security code is an individual three- or four-digit number specific to your account that is printed on the back of the card in the signature panel field.
In the event that Core Principle is unable to charge the card you have provided (e.g., expired credit card), Core Principle will send you a notice to update your card information. You will have a 14-day grace period to update your billing information. If the account is not updated within the 14-day grace period, Core Principle will terminate your Service.
D. No Refunds
You may cancel your Class120 account at any time; however, there are no refunds for any unused time on a subscription after the first 30 days.
E. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You are responsible for and agree to pay applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
4. Use of Our Service
You may use the Service only if you can form a binding contract with Core Principle, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. In accordance with the Children’s Online Privacy Protection Act, our service is not directed to children. Anyone under age 13 is strictly prohibited from creating an account to use Class120. Parental consent is required for users under age 18. The Class120 registration process will prompt separate parental consent during the registration process to set up an account for a student under age 18.
The Service is controlled and operated from facilities in the United States. Core Principle makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals and educational institutions located in the United States.
The Service is not available to any Users previously removed from the Service by Core Principle.
B. Class120 Accounts
Your Class120 account gives you access to the services and functionality that we may establish and maintain for the specified account from time to time and in our sole discretion.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Core Principle immediately of any breach of security or unauthorized use of your account. Core Principle will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the Settings in the Class120 applications. By providing Core Principle your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from Core Principle. You may not opt out of service-related notifications.
C. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more data to the Class120 Service than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) “spoofing” or “geospoofing” the location of a registered smartphone; (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content, or enforce limitations on use of the Service or the content therein.
We may permanently or temporarily terminate or suspend your access to the Service without liability if in our sole determination you violate any provision of this Agreement. Upon termination for any reason, you continue to be bound by this Agreement.
You are responsible for all the mobile data usage resulting from the use of Service. Consult your mobile operator concerning your plan, data rate charges, and limits.
You are solely responsible for your interactions with other Class120 Users, including but not limited to the Users connected by a particular registered account. Core Principle shall have no liability for your interactions with other Users, or for any User’s action or inaction. Parent and institutional Users of Class120 have the exclusive ability to view attendance data and add, delete, or modify the registered contact information associated with a student User. Core Principle will not grant student requests to add, delete, or modify registered contact(s) from accounts. These students will be directed to make such requests to the contact(s) associated with their account.
D. Location-based Services
We collect each user’s identifier and position through GPS, Wi-Fi, Bluetooth beacons or other external geolocation services to obtain location information and other data for the purposes of providing our Service. As a user of the applications via a cellular network, you will be periodically prompted by Core Principle to confirm that you agree to be location tracked while using Class120. By confirming, you agree that Core Principle will obtain the location coordinates (latitude and longitude) of your device. Location coordinate data is transmitted via TLS 1.2 (SSL) technology into a password protected database. The system may locate a student throughout the day and such locations are recorded in our database; however, only the last known student location at a pre-determined class time will be used to determine if a student is present at class. If a student is not detected at class, the location of the student is not shared or stored in our database. We maintain location information only so long as is reasonable to provide the Service and then destroy the location data.
E. Closing Your Account
You may cancel your Class120 account at any time. To cancel your account, email email@example.com or call (855) 724-1510. If you send an email, include your name, the email address you registered with, and a phone number where you can be reached. Your account will be canceled within 48 hours of your cancelation request.
5. Our Proprietary Rights
Except for your User Content (defined below), the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, and videos (the “Class120 Content”), and all intellectual property rights related thereto, are the exclusive property of Core Principle or its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Class120 Content. Use of the Class120 Content, or any embedded technology, for any purpose not expressly permitted by this Agreement is strictly prohibited.
By downloading our applications, completing user registration, and/or purchasing our Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to Core Principle, in perpetuity, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all data related to geolocation, as well as statistical information, such as attendance trends, after your user information and attendance data is stripped of any and all personally identifiable information.
You may choose to or we may invite you to submit comments, testimonials, or ideas about the Service, including without limitation about how to improve the Service or our products (“Idea”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Core Principle under any fiduciary or other obligation, and that Core Principle is free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Core Principle does not waive any rights to use similar or related ideas previously known to Core Principle, or developed by its employees, or obtained from sources other than you.
6. User Content
Some areas of the Service allow Users to input content such as profile information or identifying photographs. Any such materials a User submits, posts, displays, or otherwise makes available on the Service is “User Content.” We claim no ownership rights over User Content created or posted by you. Core Principle has the right (but not the obligation) in its sole discretion to remove any User Content that is input to the Service.
You agree not to post or transmit User Content, including but not limited to photographs, that (i) may constitute or contribute to a crime or tort; (ii) seeks to harm or exploit another individual; (iii) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (iv) contains any information or content that is illegal; (v) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) violates any school or other applicable policy, including those related to cheating or ethics; and/or (x) interferes with other Users of the Service. Core Principle reserves the right, but is not obligated, to reject and/or remove any User Content that Core Principle believes, in its sole discretion, violates these provisions.
In connection with your User Content, you affirm, represent and warrant the following:
A. Your use of Class120 as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights.
B. You are solely responsible for the accuracy of class schedules, telephone numbers, email addresses, or any other information you input during the registration process and maintain. By way of explanation and not limitation, Core Principle takes no responsibility and assumes no liability for any User Content, class schedules, telephone numbers, or any other content that you input and is utilized as part of this Service.
C. You shall be solely responsible for your User Content, User information, and the consequences of Core Principle utilizing the information to provide Service to you. You agree that Core Principle shall not be liable for any damages you allege to incur as a result of the User content, such as providing notifications to an incorrect or no longer current telephone number or email address, or usage fees charged by your mobile phone carrier.
9. Not the System of Record
The Class120 Service is not designed to be the sole or final System of Record for an academic institution or athletic department monitoring student class attendance. There are many situations that could impact Class120 attendance notifications, such as student mobile device loss, mobile device failure, or cell phone carrier service interruption that could cause a student who was present in class to be undetected by the Class120 system. Institutions and athletic departments should independently maintain and verify class attendance, especially as deemed necessary for student athletic eligibility or scholarships. Core Principle does not maintain attendance data in perpetuity, and Core Principle does not guarantee the accuracy of class attendance data generated through the Service. All Users should become familiar with how to operate the Class120 suite of products, and are reminded that notification that a student was not detected in class is not an unequivocal assertion that the student was absent from class.
10. Not Professional Advice
If the Service provides student success information or recommendations, such information is for informational purposes only and should not be construed as professional advice. If you have questions or concerns, you should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
11. Third-Party Links
You agree to defend, indemnify and hold harmless Core Principle and its shareholders, officers, directors, managers, employees, affiliates, subsidiaries, agents, licensors and assigns, and their respective officers, directors, employees, contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
13. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT AND CORE PRINCIPLE SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CORE PRINCIPLE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CORE PRINCIPLE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
CORE PRINCIPLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CLASS120 SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CORE PRINCIPLE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CORE PRINCIPLE, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, LICENSORS OR ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL CORE PRINCIPLE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CORE PRINCIPLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CORE PRINCIPLE, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, LICENSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CORE PRINCIPLE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CORE PRINCIPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
15. Governing Law and Arbitration
A. Governing Law
You agree that: (i) the Service shall be deemed solely based in Indiana; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Core Principle, either specific or general, in jurisdictions other than Indiana. This Agreement shall be governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Marion County, Indiana for any actions for which Core Principle retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CORE PRINCIPLE. In the unlikely event that Core Principle has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any Core Principle claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Marion County, Indiana, unless you and Core Principle agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Core Principle from seeking injunctive or other equitable relief from the courts as necessary to protect any of Core Principle’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT REQUIRES YOU AND CORE PRINCIPLE TO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Core Principle’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
17. Notice of Copyright Infringement
If you believe that your proprietary work has been copied and/or posted on class120.com in a way that constitutes copyright infringement, please contact Core Principle,P.O. Box 30694, Indianapolis, Indiana 46230, in writing with the following information (a “Notification of Alleged Copyright Infringement”):
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the website;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please be aware that you may be liable for damages, including court costs and attorney’s fees, if you file a Notification of Alleged Copyright Infringement that materially misrepresents that content on the website infringes your copyright materials.
Upon receiving a proper Notification of Alleged Copyright Infringement, Core Principle will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of a counter-notification procedure, by which the alleged infringer may respond to your claim and/or request that Core Principle restore the material at issue.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.