Terms of Service
The following terms and conditions govern all use of joinourclass.com and the service provided (taken together, the “Service”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Join Our Class’ Privacy Policy) and procedures that may be published from time to time on this site by Join Our Class (collectively, the “Agreement”). Your agreement is with Join Our Class, LLC (“JOC”).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these terms and conditions are considered an offer by Join Our Class, acceptance is expressly limited to these terms.
Your Join Our Class Account and Site
You are responsible for maintaining the security of your account on Join Our Class (“Portal”), and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Portal. You must immediately notify Join Our Class of any unauthorized uses of your Portal, your account or any other breaches of security. Join Our Class will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Your Data
Your data includes any text, content, images, video, or other materials of any type that you upload or submit to the Service (“Content”). You retain ownership and all rights to your Content. Your Content is only accessible to authorized users from your school. Your authorized users can do many things with your published Content, such as copy it, modify it, and share it outside of the Service. JOC is not responsible for what your authorized users do with the Content.
You hereby grant JOC (and JOC’s third-party technology and services used to provide the Service) a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, display and distribute any Content which you submit, post or display on or through the Service, in accordance the terms of this Agreement and restricted solely to the purpose of providing the Service to you.
JOC may also access your account or Your Data in order to respond to a support request.
Responsibility of Contributors
You are entirely responsible for the content of, and any harm resulting from, any material posted to the Portal including links to external websites. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or otherwise violate copyright laws.
If you delete Content, Join Our Class will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, JOC has the right (though not the obligation) to, in JOC’s sole discretion (i) refuse or remove any content that, in Join Our Class’ reasonable opinion, violates any Join Our Class policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Portal to any individual or entity for any reason, in JOC’s sole discretion. JOC will have no obligation to provide a refund of any amounts previously paid.
Payment, Renewal, and Cancellation
JOC offers a monthly subscription plan (“Subscription”). A valid credit card is required for paid plans. Free accounts do not require a credit card. You will be billed in advance on a monthly basis. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. You will be billed monthly for the Subscription on or about the same day each month until such time that you cancel your Subscription. Service can be canceled at any time by contacting help@joinourclass.com at least one (1) business days prior to the renewal date. After you cancel your Service, your subscription will continue through the end of the current billing cycle.
Responsibility of Website Visitors
JOC has not reviewed, and cannot review, all of the material, posted to the Portal, and cannot therefore be responsible for that material’s content, use or effects. By operating the Portal, JOC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Portal may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. JOC disclaims any responsibility for any harm resulting from the use by visitors of the Portal, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which JOC links, and that link to joinourclass.com. JOC does not have any control over those non-JOC websites and webpages, and is not responsible for their contents or their use. By linking to a non-JOC website or webpage, JOC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. JOC disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
Intellectual Property
This Agreement does not transfer from JOC to you any JOC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with JOC.
Changes
We are constantly updating our service, and that means sometimes we have to change the legal terms under which our service is offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using joinourclass.com within the designated notice period. Your continued use of joinourclass.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination
JOC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your joinourclass.com account, you may cancel your account at any time. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Service is provided “as is”. JOC and its licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither JOC nor its licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
Limitation of Liability
In no event will JOC be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to JOC under this agreement during the twelve (12) month period prior to the cause of action. JOC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the JOC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. US Economic Sanctions. You expressly represent and warrant that your use of the Website and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Automattic reserve the right to terminate accounts or access of those in the event of a breach of this condition.
Indemnification
You agree to indemnify and hold harmless JOC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between JOC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of JOC, or by the posting by JOC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; JOC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.