Terms of Service
The Dos and Don'ts of ClassRelay
These Terms of Use (the "Terms") and our Privacy Policy govern your access and use of ClassRelay's services, products, mobile applications, downloadable apps, and websites ("ClassRelay," "we," "us"), so please read them carefully.
At ClassRelay we're always striving to provide students, teachers, parents, and administrators with the best experience. Our Terms were made with our audience in mind, and have been written as simply as possible. The current Terms will be posted on the ClassRelay website.
Should you have any questions, comments, or concerns, please feel free to Contact Us.
Updated July 1, 2019
Summary
The Terms and Conditions of Use (the "Agreement") is a legal contract between you and ClassRelay. By registering for an account on, or accessing ClassRelay, you acknowledge that you have read, agree to, and are bound by the Agreement. If you are using ClassRelay on behalf of an institution that has a separate legal agreement with ClassRelay, that agreement governs your use of ClassRelay. If you are entering into this Agreement on behalf of another entity, you warrant and represent that that you have legal authority to bind such an entity to the Agreement, in which case the terms "you," and "your" refer to such entity. If you have no such legal authority, or if you do not acknowledge, or agree to the Terms, you must not accept this Agreement, and must stop using ClassRelay immediately.
We may at any time, for whatever reason, and without prior warning or notification, update, or make revisions to all of, or parts of the Terms. If such a revision is, as determined solely by us, deemed material, we may notify you via email. If you continue to use ClassRelay after a revision becomes effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using ClassRelay.
Terms of Use
Welcome, and thank you for your interest in ClassRelay, Inc. (“ClassRelay,” “We,” “Us,” “Our,” “Company,” “Service,” or “Services”), which operates the website located at ClassRelay.com and the related mobile applications, webapps, websites, and online services (the “App,” or “Apps,” or “Website” or “Websites”).
Please read these Terms of Use (“Terms,” “Terms of Service,” “Agreement,” or “Terms of Use”) carefully before using the services offered by ClassRelay Inc. (“ClassRelay,” “Us,” “Service,”) as they govern your use of the Services and the Agreement forms a legal contract between you (“You,” “your,” or “User”) and ClassRelay. These terms are void where prohibited by law, and the right to access ClassRelay is revoked in such jurisdictions.
In an effort to constantly improve the Service, ClassRelay reserves the right to, at any time, for whatever reason, and without prior warning or notification, update or make revisions to parts of, or all of the Terms. In the event that a change to the Terms is deemed material, as determined solely by Us, the User will be notified via email, through the Website, or some other method. Please check the Terms periodically for changes. Your continued use of ClassRelay after the changes constitutes your binding acceptance to the Agreement.
By accessing or using any part of ClassRelay, you acknowledge that you have read, agree to, and are bound by the Agreement. If you are entering into this Agreement on behalf of another entity, you warrant and represent that you have a legal authority to bind such an entity to the Agreement in which case “You,” “your,” and “User” refer to such an entity. If you have no such legal authority, or if you do not acknowledge, or agree to the Terms, you must not accept this Agreement, and must stop using ClassRelay immediately.
Your Account
In order to use certain features of the App, you may need to register for an account. You may need to provide a password and email address in connection to your account. You are solely responsible for ensuring the protection of your ClassRelay login credentials, and account information. You are responsible and liable for the activity on your account, whether or not you have authorized such activity. In the event that You have reason to believe that your account is no longer secure, You agree to inform ClassRelay immediately via the ClassRelay contact form. Be sure to retain the confirmation number.
Privacy Policy
At ClassRelay we take our users’ privacy very seriously. We encourage you to review our Privacy Policy hereby incorporated into the Terms, to learn more about how we store, disclose, collect, and protect your personal information.
Third Party Sites, Products, and Services
The Service may include links or references to other websites, apps, or services (“Third-Party Content”). ClassRelay does not endorse any products, views, materials, information, services, content, or statements contained on or accessible through Third-Party Content.
ACCESS AND USE THIRD-PARTY CONTENT, SOLELY AT YOUR OWN RISK.
Your Responsibilities and Our Rights
All information posted or transmitted through ClassRelay is the responsibility of the User that posted it, and ClassRelay is not liable for any errors or omissions in any content. If, while using ClassRelay, You provide us with information and details (collectively, “Information,” or “Data”) about others, (e.g., students’ names and email addresses, administrators’ names and email addresses, parents’ email addresses, etc.), you certify, and represent that you have obtained all necessary, appropriate, and legal permission to submit such Information to the Service.
YOU ACKNOWLEDGE THAT CLASSRELAY CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER TO CLASSRELAY, AND CLASSRELAY IS NOT OBLIGATED NOR EXPECTED TO VERIFY THE IDENTITY OF ANY USER. FURTHERMORE, YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED EXPRESSED CONSENT FROM STUDENTS’ LEGAL GUARDIANS TO SUBMIT THEIR CHILD’S INFROMATION TO THE SERVICE; YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED EXPRESSED CONSENT FROM GUARDIANS TO ENTER THEIR EMAIL ADDRESS BEFORE YOU ENTER THEIR INFORMATION TO THE SERVICE; YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED EXPRESSED CONSENT FROM ADMINISTRATORS AND OTHER SCHOOL STAFF TO ENTER THEIR INFROMATION TO THE SERVICE; YOU REPRESENT AND WARRANT THAT YOU ARE NOT SHARING STUDENT, GUARDIAN, STAFF, AND/OR ADMINISTRATOR INFORMATION WITH ANY UNAUTHORIZED, UNAPPROVED, OR UNVERIFIED INDIVIDUALS.
Copyright Infringement
It is ClassRelay’s policy to respond expeditiously to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) as reported to Our copyright agent. ClassRelay will seek to confirm the existence of the alleged intellectual property on ClassRelay and take whatever action, we deem appropriate after you have reported the copyright infringement to Copyright@ClassRelay.com, and:
Prohibited Conduct
By using ClassRelay, or any related service, app, or website, you agree not to:
Failure to comply by the above statements may be grounds for immediate termination, and revocation of your right to access the Service.
Termination
By ClassRelay
ClassRelay may, at any time, with or without notice, for any or no reason, without penalty, and at Our sole discretion, terminate any account, or any part of any account. Any unlawful, illegal, fraudulent, or abusive activity may be forwarded to the appropriate authority.
By You
Your sole remedy for any dissatisfaction with the Service, the Terms, the Privacy Policy, or any other service related to ClassRelay is to terminate your account. You may terminate your use of the Service by simply no longer using the Service. You may terminate your account by deleting it via the settings located in your account.
Warranty Disclaimer
ClassRelay has no special relationship, nor fiduciary responsibility to You. You acknowledge that ClassRelay has no control over, and no duty to take action regarding: which users may gain access to the Service; what Content You access; the effects that the Service may have on you. ClassRelay is not responsible, nor is ClassRelay liable for the accuracy, copyright compliance, legality, decency, or availability of the content contained in or accessed through the Service.
DISCLAIMER OF WARRANTIES. CLASSRELAY (AND ANY ASSOCIATED CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, USER SUBMISSION, CLASSRELAY TECHNOLOGY OR SOFTWARE) DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND CLASSRELAY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, DEVICE, OR LOSS OF DATA.
NO INFORMATION, BY ANY FORM, OBTAINED BY THE USER FROM CLASSRELAY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
Limitation of Liability and Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, CLASSRELAY (INCLUDING, BUT NOT LIMITED TO, ITS EMPLOYEES, OFFICERS, AND SUCCESSORS) SHALL NOT, UNDER ANY CIRCUMSTANCE(S), BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY COURT ACTION OR LEGAL DISPUTE, LOSS OF REVENUES AND/OR PROFITS, LOSS OF DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE, AND/OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CLASSRELAY INC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, CLASSRELAY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
Indemnity
You will defend, indemnify, and hold harmless ClassRelay, and all its related services, employees, officers, contractors, and affiliates harmless against all claims, suits, damages, losses, liabilities, demands, settlements, costs, and expenses of any kind (including attorneys’ fees) from any demand arising from, or related to (i) your use of the Service; (ii) your violation of the Agreement; (iii) your infringement of intellectual property and/or copyright law; (iv) your failure to obtain sufficient consent from legal guardians, administrators, and/or students to enter their data in the Service; (v) and/or your breach of any agreement or policy between you and any third-party or any other user.
General
Jurisdiction
This Agreement and any action related thereto will be governed by the laws of the State of Delaware, U.S.A., excluding its conflict of laws provisions. All claims arising out of or relating to this Agreement, the Service, or the Terms, given the proper venue, must be litigated exclusively in the state of Delaware.
Dispute Resolution and Arbitration
Arbitration. For any claim related to the Agreement or the Service, where applicable by law, either ClassRelay or You may elect at any point in or during the dispute or proceeding to resolve the claim through binding arbitration. The procedures in arbitration are simpler and more limited than rules applicable in court. You understand and agree that, by entering into this Agreement, You and the Service are each waiving the right to go to court (except for claims regarding intellectual property rights or matters that my be taken to a small claims court) or to participate in a class action. In arbitration, your rights will be determined by a neutral arbitrator and not a judge or a jury. Arbitrator decisions are subject to very limited review by a court. The arbitral decision may be enforced through federal, state, or local agencies where such actions are available.
Waiver
If ClassRelay fails to exercise or enforce any right or provision of the Agreement, such a failure of enforcement will not constitute a waiver of such right or provision. In the event that ClassRelay waives any provision of the Agreement, it will be deemed effective only if written and signed by ClassRelay.
Severability
If any section or provision of the Agreement is held to be unlawful, void, or for any reason unenforceable, then such a provision will be limited from the Terms to the minimum extent necessary by applicable laws; such a limitation of a provision will not extend to nor affect remaining provisions.
Disclosures
If you have any questions about this Agreement, please contact us via the ClassRelay contact form or via email at Legal@ClassRelay.com. If using the contact form, be sure to retain the confirmation number.
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