Terms and Conditions for classCalendar by CLASSCALENDAR LLC
Last Updated: October 27, 2024
Welcome to classCalendar by CLASSCALENDAR LLC ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the classCalendar mobile application ("App") and any related services ("Services") provided by the Company. By downloading, installing, or using the App, you agree to these Terms. If you do not agree with any part of these Terms, please do not use the App.
1. Acceptance of Terms
By accessing or using the App, you confirm that you are at least 13 years old and have the legal capacity to enter into these Terms. Users between the ages of 13 and 18 must have parental consent to use the App. By using the App, you represent that parental consent has been granted where applicable. If you are using the App on behalf of an organization or entity, you confirm that you have the authority to bind that entity to these Terms.
2. Amendments to Terms
We may modify or replace these Terms at any time. We will notify you of significant changes through email, in-app notifications, or other methods, providing a minimum of 30 days' notice before changes take effect. Your continued use of the App after changes constitutes acceptance of the new Terms. If you do not agree with updated Terms, discontinue using the App.
3. User Responsibilities
3.1 Accuracy of Information
You are responsible for ensuring the accuracy and completeness of all information you provide. We are not liable for any inaccuracies or errors resulting from your input.
3.2 Compliance with Applicable Laws
You agree to use the App in compliance with all local, state, national, and international laws, regulations, and ordinances. CLASSCALENDAR LLC disclaims liability for any issues arising from your failure to comply.
3.3 Account Security
You are responsible for keeping your account credentials secure. Use strong, unique passwords and enable two-factor authentication if available. Report any unauthorized use or security breaches immediately. CLASSCALENDAR LLC disclaims responsibility for unauthorized account access due to user negligence or device insecurity.
3.4 Device Responsibility
You are solely responsible for maintaining the security and functionality of your device. CLASSCALENDAR LLC is not liable for issues arising from lost, stolen, or compromised devices.
4. Eligibility
The App is intended for individuals aged 13 and up. Users under 18 must obtain parental consent to use the App. By using the App, you confirm that you meet this age requirement.
5. Third-Party Services and Content
The App may contain links to third-party websites or services. CLASSCALENDAR LLC does not endorse, control, or assume responsibility for these services, including their content, privacy practices, or security policies. We disclaim all liability for issues arising from your use of third-party services or content.
6. Disclaimer of Warranties
6.1 General Disclaimer
The App and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. CLASSCALENDAR LLC disclaims all warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.
6.2 No Guarantee of Results
We make no guarantees regarding the App’s ability to enhance productivity or reduce stress. Outcomes may vary, and CLASSCALENDAR LLC is not liable for decisions users make based on App information.
6.3 No Professional Advice
The App is a supplemental tool for planning and organization. It does not provide professional, educational, medical, or mental health advice, nor should it be relied upon as a substitute for such advice.
7. Limitation of Liability
7.1 No Liability for Damages
To the maximum extent permitted by law, CLASSCALENDAR LLC, its founders, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of data, revenue, or profits arising from your use of or inability to use the App.
7.2 Cap on Liability
If any liability arises, CLASSCALENDAR LLC’s liability will be limited to the amount you paid, if any, to access the App or $50, whichever is greater. This limitation applies regardless of the type of claim.
7.3 Waiver of Claims and Indemnification
By using the App, you waive any claims against CLASSCALENDAR LLC. You agree to indemnify and hold CLASSCALENDAR LLC harmless from any claims, damages, or expenses arising from your use of the App or violation of these Terms.
7.4 Arbitration and Class Action Waiver
All disputes shall be resolved through binding arbitration on an individual basis in Lake County, Illinois, in accordance with the American Arbitration Association rules. This includes all claims, regardless of legal theory. By agreeing to these Terms, you waive the right to participate in class actions or collective proceedings against CLASSCALENDAR LLC.
7.5 Limited Remedies
Your sole remedy for any claim arising from your use of the App is limited to a refund of fees paid in the past 30 days. CLASSCALENDAR LLC is not liable for other damages.
8. Indemnification
You agree to indemnify, defend, and hold CLASSCALENDAR LLC harmless from any claims, damages, liabilities, costs, or expenses arising from your use of the App, violation of these Terms, or infringement of any rights of a third party.
9. User-Generated Content
9.1 Responsibility for Content
You are responsible for any content you submit through the App. CLASSCALENDAR LLC disclaims liability for user-generated content.
9.2 License to Use
By submitting content, you grant CLASSCALENDAR LLC a non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, publish, and distribute the content in connection with the App.
9.3 Monitoring and Removal
We reserve the right, but are not obligated, to monitor and remove any user-generated content that violates these Terms.
10. In-App Purchases and Refund Policy
All in-app purchases are final and non-refundable unless otherwise required by law. By making a purchase, you agree to the applicable payment terms.
11. Termination
CLASSCALENDAR LLC reserves the right to terminate or suspend your access to the App at any time, without notice, for any reason, including violations of these Terms. Upon termination, all rights granted to you under these Terms will immediately cease. Provisions such as indemnification, limitations of liability, and arbitration shall survive termination.
12. Governing Law and Arbitration
These Terms are governed by the laws of Illinois. For matters not subject to arbitration, any disputes shall be resolved in the courts located in Lake County, Illinois.
13. Severability
If any provision of these Terms is found unenforceable, the remainder of the Terms will remain effective.
14. Entire Agreement
These Terms constitute the entire agreement between you and CLASSCALENDAR LLC regarding the App and supersede any prior agreements.
15. No Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
16. Assignment
We reserve the right to assign our rights and obligations under these Terms to another party in the event of a merger, acquisition, or other business transfer.
17. Force Majeure
CLASSCALENDAR LLC is not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, technical failures, or governmental actions.
18. Updates and Version Control
This document is effective as of the date stated above. Previous versions are archived and available upon request.