CSAM Marketing, Inc. (hereinafter “Class Compete”, “we” or “us”) provides the website www.classcompete.com, our Class Compete computing applications and the data, information, tools, updates and similar materials delivered or provided by us through the Class Compete platform (collectively, the “Service”), subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By using the Service or otherwise entering into this Agreement, you are creating a binding contract with Class Compete. If you do not agree to these terms and conditions, you may not use the Service.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S USE OR AND REGISTRATION WITH THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT IN RESPECT TO THEIR USE OF THE SERVICE.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, Class Compete grants you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive right to access and receive the Service, and to access the materials thereon that are intended to be displayed publicly, and to reproduce the Service and their contents only on your computing device for personal use. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
2. Copyright Policy
3. Complaint Policy (including Privacy and Trademark)
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
The Service may contain typographical errors or inaccuracies, including relating to price, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice, even if your order has already been accepted or processed.
The materials appearing on or through the Service including but not limited to summaries, descriptions, publications and any other such materials, are not intended to and DO NOT constitute financial, medical, legal or business advice. Those accessing the materials appearing on the Service should not act upon them without first seeking appropriate counsel, as the materials appearing on the Service are general in nature.
You agree that you are responsible for all of the conduct engaged in through your account, and all charges incurred by your account, whether or not you performed or authorized them. All purchases are non-refundable.
RULES OF CONDUCT
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You agree that you will not violate any applicable law or regulation in connection with your use of the Service.
You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:
You further agree that you will not do any of the following:
Despite the foregoing, we do not and cannot assure that other users of the Service are complying with the foregoing Rules of Conduct, or any other provision of this Agreement, and as between you and Class Compete, you assume the risk of harm or injury associated from such non-compliance.
You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.
Notwithstanding the foregoing rules of conduct, Class Compete’s unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.
The Service may permit you to create a user account for using the Service. If you create an account, you agree to provide true and accurate information and to keep that information true, accurate and up to date.
Your account is non-transferable, and any attempt to assign or transfer your account shall be null and void.
In the event that you suspect that your account has been accessed by another without your consent, you may contact us at [email protected], with “account breach notification” in the subject line. Upon receipt, Class Compete will make efforts to address your situation, but may request other methods of verifying your identity.
CONTENT SUBMITTED OR MADE AVAILABLE TO CLASS COMPETE
You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. If, however, you choose to submit any Content through or on the Service, or otherwise make available any Content through the Service, you hereby grant Class Compete a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Content, including without limitation distributing part or all of the Content in any media format through any media channels.
To the extent that any artists, moral or similar rights exist in the materials you submit to Class Compete, you hereby agree to waive such rights and agree that you will not enforce them against Class Compete or any of its licensees.
By submitting any Content or Submissions to Class Compete you hereby agree, warrant and represent that: (a) the Content and Submissions do not contain proprietary or confidential information, and the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) Class Compete is not under any confidentiality obligation relating to the Content or Submissions; (d) Class Compete shall be entitled to use or disclose the Content or Submissions in any way; and (e) you are not entitled to compensation or attribution from Class Compete in exchange for the Submissions or Content or any use thereof by Class Compete.
You acknowledge that Class Compete is under no obligation to maintain the Service, or any information, causes, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act which may be necessary or advisable to confirm the grant of rights to Class Compete enumerated herein.
CONTENT SHARED THROUGH THE SERVICE
You understand that by sharing information on the Service, by participating in the Service, by submitting information to Class Compete and by requesting information to be sent through the Service, you may be revealing information about yourself that may be personal or sensitive in nature, depending on the nature of the material you submit or transmit. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials and using the Service, and you agree that Class Compete shall not be held responsible, and Class Compete shall be released and held harmless by you from any liability or damages arising out of such conduct.
YOU AGREE THAT YOU HAVE NO EXPECTATION OF PRIVACY IN ANY INFORMATION YOU SUBMIT TO CLASS COMPETE OR MAKE PUBLIC VIA THE SERVICE.
OUR INTELLECTUAL PROPERTY
Class Compete’s graphics, logos, names, designs, page headers, button icons, scripts, and service names are trademarks, trade names and/or trade dress of Class Compete. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are the property of Class Compete or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of Class Compete and/or its licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein. You are licensed only to access such materials on your device and use them in the ordinary course of receiving the Service. In the event that you download software from Class Compete to use the Service, these terms shall apply to such software, and further terms may be applicable at that time.
DATA COLLECTION AND USE
ENFORCEMENT AND TERMINATION
Class Compete reserves the right to deny all or some portion of the Service to any user, in Class Compete’s sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, Class Compete has a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to Class Compete related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, licenses, defense and indemnification obligations survive any termination of this Agreement.
LINKS AND THIRD-PARTY CONTENT
The Service may contain links. Such links are provided for informational purposes only, and Class Compete does not endorse any website or services through the provision of such a link.
The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties. Class Compete does not endorse any third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by Class Compete.
DISCLAIMERS AND LIMITATION ON LIABILITY
EXCEPT WHERE NOT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT CLASS COMPETE PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CLASS COMPETE, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURRACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND RELATING TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CLASS COMPETE SHALL CREATE ANY WARRANTY.
USE OF THE SERVICE IS AT YOUR SOLE RISK. CLASS COMPETE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLASS COMPETE, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF CLASS COMPETE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither Class Compete nor any of its subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
You agree to defend, indemnify and hold Class Compete and its suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Service (b) your use of the Service, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by and shall be construed in accordance with the laws of the State of New Jersey, U.S.A., excluding the application of its conflict of law rules. You agree that any dispute arising out of or relating to the Service, or to Class Compete, may only be brought by you in a state or federal court located in New Jersey. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW JERSEY. In any such proceeding, you agree that service may be made upon you via e-mail at your e-mail address that we then have on-file.
The supply of goods and services, including software, through the Service is subject to export control and sanction compliance. By using the Service or acquiring any items through the Service, including any software, you represent that your acquisition is in compliance with those requirements. Within limiting the generality of the foregoing, you represent that you are not in, under control of or a national of Cuba, North Korea, Iran, Sudan or Syria, and you are not otherwise prohibited by U.S. law from receiving of using the Service. If you are eligible to receive or use the Service, you agree that you will not export or re-export the Service, or any goods or services obtained through the Service, to any area, national or individual that is prohibited from receiving them by law.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Class Compete as a result of this Agreement or your use of the Service.
Assignment. Class Compete may assign its rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Class Compete’s prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Class Compete, 15 Maple St., Somerville, NJ 08876.
Equitable Remedies. You hereby agree that Class Compete would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. Unless in a separate signed writing, this Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Class Compete with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
ADDITIONAL TERMS APPLICABLE TO iOS-POWERED SOFTWARE
In the event that you use the Service through software operating on iOS, the following additional terms apply:
2. Your use of Class Compete’s iOS application is be subject to the Usage Rules set forth in Apple’s then-current App Store Terms of Service.
3. You agree that Apple has no duty or obligation to provide support or maintenance services with respect to our iOS application.
4. To the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to our iOS application.
5. You agree that Class Compete, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS application or your possession and/or use of our iOS application, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. You agree that Apple is not responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to Class Compete’s iOS application or your possession and use of Class Compete’s iOS application.
7. You agree to comply with all applicable third party terms of agreement when using Class Compete’s iOS application, such as the terms of your wireless carrier, where applicable.
If you believe in good faith that any material posted on or through our Service infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
CSAM Marketing, Inc.
15 Maple St.
Somerville, NJ 08876
e-mail: [email protected]
COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)
If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to [email protected], containing the following information:
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.