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ClassroomParent, LLC User Agreement (Terms of Use)

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

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