ClassroomParent, LLC is a for profit organization that
provides an online directory for K12 Schools, PTA, PTO and Parent Associations,
or similar, organizations, parents, teachers, school staff, and students
(collectively Users).
ClassroomParent.com is operated by ClassroomParent, LLC
("ClassroomParent"), a Maryland Limited Liability Corporation, and
ClassroomParent offers this internet service to its Users pursuant to this User
Agreement.
CONDITIONS OF USE
To use ClassroomParent.com, and its affiliated website, services and domain
names (collectively, the "Website"), and to access its services, you
must agree to the terms and conditions of this User Agreement. Please read the
User Agreement carefully to be sure you agree with its terms. By using this
Website, you agree to comply with, and abide by this User Agreement. If you do
not agree to the terms of this User Agreement, then you are not authorized to
use the Website, and may not register on the site or access certain of the
Website's services. ClassroomParent may modify or change the terms of this User
Agreement from time to time without notice. The User Agreement also includes
various policies, attached hereto.
PRIVACY
Please review our Privacy Policy, which is incorporated herein by reference and
made a part of this User Agreement.
OWNERSHIP
All content included on the Website together with all processes of this
Website, including without limitation all trademarks (including without
limitation ClassroomParent), trade names, trade dress, service marks, slogans,
logos, images, likenesses, text, graphics, copy, copyrights, button icons,
images, audio clips, digital downloads, data compilations, methodologies,
patents, and software algorithms, support data, source codes and algorithm
techniques, procedures and protocols (collectively, "Website
Content"), and all intellectual property rights therein, is and remains
the property of ClassroomParent and its affiliates, or their licensors.
Exceptions are the logos or trademarks and uploaded materials associated with
the local School organization, PTA and/or PTO organization which appear on the
local site. Except as set forth in this User Agreement, the Website Content
may not be reproduced, distributed, transmitted, displayed or published without
the prior written permission of ClassroomParent.
ClassroomParent further disclaims any liability or responsibility for Website
Content or other content provided by others on the Website, including without
limitation Users, or other content providers.
Use of the Website Content, including without limitation trademarks, trade
names and trade dress, in any manner which disparages, discredits, or defames
ClassroomParent or others, or is likely to cause confusion among Users of the
Website, is prohibited.
"ClassroomParent" is a trademark of ClassroomParent.
THIRD PARTY WEBSITES
This Website may provide links to other websites that are not maintained by
ClassroomParent. These links are provided only as a convenience to Users.
ClassroomParent is not responsible for the content, products, services or
policies or activities of those websites. The inclusion of any link to any such
websites does not imply endorsement by ClassroomParent of such websites, or their products or services.
ACCESS; ACCOUNTS
You must register on the Website and open a User account to be able to post
your directory information and to use certain other features on the Website. In
consideration of your use of the Website, you agree to: (a) provide accurate
and complete personal information which you have chosen to post about yourself
(b) maintain and promptly update your personal information to keep it accurate
and complete and maintain the usefulness of the directory (c) use the directory
in an appropriate manner to communicate within the local organization.
Although Classroom Parent cannot monitor the conduct of Users
of the Site, it is a violation of this UA to use the Site or any information
obtained from the Site in order to harass, abuse, or harm another person, or in
order to contact, advertise to, solicit or sell to any person featured on the
Site.
You will receive a Username and password upon completing the Website's account
registration process. You are responsible for maintaining the confidentiality
of your password and other information associated with your account and for all
activity under your account, and for restricting access to your computer, your
password and your account.
Please notify your organization's ClassroomParent site
administrator immediately if you suspect or have become aware that anyone may
have gained unauthorized access to your account. You agree to accept
responsibility for all activities that occur under your account or password.
ClassroomParent and its affiliates or local site administrators reserve the
right to terminate any User accounts in its sole discretion.
CLASSROOM PARENT FEES
ClassroomParent charges its client organizations (Schools, Parent
Organizations, and similar) an annual subscription fee. This fee allows for
site maintenance, technical support, hosting and development of new features.
COMMENTS, COMMUNICATIONS, AND CONTENT
You represent and warrant that you will not use the Website to do any of the
following: (a) upload, post, transmit or otherwise make available (i) any
content that infringes any patent, trademark, trade secret, copyright or other
contractual or proprietary right of any party; (ii) any content that is
unlawful, threatening, abusive, harmful to minors (including any form of child
pornography or indecent depictions of children), harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable; (iii) any content that you
do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); (iv) any unsolicited
communications or advertising, promotional materials, or any other form of
solicitation; or (v) 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; (b) obtain any information or content from the Website using any
robot, spider, scraper or other automated means for any purpose; (c) take any
action that imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our IT infrastructure; (d) intentionally or
unintentionally violate any applicable local, state, national or international
law; or (e) collect or store personal data about other Users in connection with
the prohibited activities described in this user agreement.
You understand and agree that ClassroomParent and the local site administrators
have the right, but not the obligation to monitor User-generated content, and
you agree therefore that ClassroomParent shall bear no liability or
responsibility with respect to such User-generated content and that any and all
use or reliance on such User-generated content shall be solely at your own
risk. ClassroomParent and the local site administrators do, however, reserve
the right to reject, refuse to post, delete or remove any User-generated content
at any time without notice.
INDEMNITY
You agree to defend, indemnify and hold harmless ClassroomParent, and the
officers, directors, employees and agents of each, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt and expenses
(including, but not limited to attorney's fees) arising from: (a)
your violation of any term of this User Agreement; (b) your violation of any
third party right, including without limitation any intellectual property or
privacy right; or (c) any claim that Your Content caused damage to a third
party. The foregoing defense and indemnification obligation will survive this
User Agreement and your use of the Website.
CONTENT AND WARRANTY DISCLAIMER
THE WEBSITE IS PROVIDED BY CLASSROOMPARENT AND ITS PARTNERS "AS IS,"
AND YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER CLASSROOMPARENT NOR
ITS PARTNERS, PROVIDERS OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF
ANY KIND, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION
MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, CLASSROOMPARENT AND ITS
PARTNERS, PROVIDERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CLASSROOMPARENT DOES NOT
WARRANT OR COVENANT THAT THE WEBSITE WILL BE AVAILABLE AT ANY TIME OR FROM ANY
PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL
COMPONENTS. CLASSROOMPARENT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND
WHATSOEVER ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT OR THE
CONTENT OF ANY SITE LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (B)
PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF
THE SECURE WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO THE WEBSITE, (E) ANY BUGS, VIRUSES, ERRORS, TROJAN HORSES OR THE LIKE THAT
MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR
OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ANY MATERIAL OR CONTENT DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM CLASSROOMPARENT OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
Those who access or use this website from other jurisdictions are responsible for
compliance with local law.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
CLASSROOMPARENT, ITS AFFILIATES, PARTNERS, SUPPLIERS OR ANY THIRD PARTIES
MENTIONED THROUGH THE WEBSITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE THE
WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
AGGREGATE LIABILITY OF CLASSROOMPARENT TO YOU ARISING FROM OR RELATING TO THE
WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY,
TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY) IS LIMITED TO THE
GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO CLASSROOMPARENT IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. CLASSROOMPARENT'S
PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, CLASSROOMPARENT IS NOT RESPONSIBLE
FOR THOSE COSTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY
TO YOU.
GENERAL
This User Agreement will be governed by and construed in accordance with the
laws of the State of Maryland as applied to contracts entered into by residents
thereof and performed entirely within the State. If any provision or portion
thereof of this User Agreement is found to be contrary to law, the
interpretation of such provision or portion thereof shall be modified solely as
necessary to comply with law and such provision will be construed, as nearly as
possible while complying with law, to reflect the provision as drafted, and all
other provisions shall remain in full force and effect. The term
"including" means "including without limitation" as used
herein. ClassroomParent's failure to exercise or enforce any right or provision
of this User Agreement will not constitute a waiver of such right or provision
unless acknowledged and agreed to by ClassroomParent in writing. These terms
and conditions constitute the entire agreement between you and ClassroomParent
with respect to the subject matter herein and supersede any and all prior or
contemporaneous oral or written agreements. You may not assign this User
Agreement to any other party and any attempt to do so is null and void. This
User Agreement, and any rights or obligations hereunder may be assigned or
transferred by ClassroomParent without restriction. There shall be no
third-party beneficiaries to this User Agreement. Regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to
use of the Website or this User Agreement must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
UA UPDATE
CLASSROOMPARENT may update this UA from time to time by posting revised versions of this UA on the Site, without notice to you and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by CLASSROOMPARENT, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.
This User Agreement was last updated on May 11, 2009.
Please report any violations of this User Agreement to ClassroomParent at:
ClassroomParent, LLC
info@ClassroomParent.com