Terms of service

OVERVIEW

This Website is operated by Class Tracker. Throughout the site, the terms “we”, “us” and “our” refer to Class Tracker. Class Tracker offers this Website, including all information, tools and services available from this site to you, the “User”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Accessing the Website

We reserve the right to withdraw or amend the Website and Services offered thereon provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of any Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the Website entirely, to some or all Users.

It is a condition of every User’s use of the Website that all the information you provide in any manner, whether through making an Account, placing any order for products or services, or submitting inquiries for more information from us, is correct, current, and complete, and that you are submitting only information you have the right to submit. You agree that all information you provide through the Website, or the Services generally, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy, linked above.

If you make an inquiry, we will send any notices and messages to you via the email address you provide to us when making the inquiry.

Services and Use

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; to transmit, or procure the sending of, any advertising or promotional material without our prior consent; to impersonate or attempt to impersonate any other party; or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm Users of the Website or expose them to liability, in our sole discretion.

Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the proper working of the site or interfere with any other party’s use of the Website; use any device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service; or introduce any viruses or other material that is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or attack the Website in any way.

Custom Products

The Website may offer Users the option to (i) order products (“Products”); and/or (ii) order personalized products customized to your specifications, including logos and branding (“Custom Products”). We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

If we provide you with the option to upload, create, or otherwise transmit to us in any manner, custom design content, such as logos, names, or other branding (collectively, “Content”), for inclusion on any Custom Product (including to mock up products regardless of whether an order is ultimately placed), you represent and warrant that (i) such Content does not violate or infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any third party; (ii) you have the right to upload and use such Content for purposes of mocking up and/or ordering such Custom Products. You may contribute only Content that you have created yourself from original elements, unless you have permission and/or a license, as relevant, from the owner of third-party intellectual property (such as a case where you are uploading content on behalf of your employer). By uploading any such Content, you represent and warrant that you have the lawful right to use and reproduce such content, and that such Content, and the intended use thereof, complies with all applicable federal, state, and local laws, regulations, and ordinances.

We have the right to decline to create any requested Custom Products for any reason at our sole discretion. You acknowledge that your sole right in such a case will be to have any pre-paid fees refunded to you. Without limiting the generality of our rights, we may decline to produce Custom Products if in our discretion we believe that (i) the Content violates the legal rights of others, including infringing any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or other rights of any other person or entity; (ii) the Content contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, including but not limited to sexually explicit material, material that promotes illegal activity or violence, or materials that constitutes or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) the Content or the Custom Products ordered is likely to be misused, including use for purposes of recreating or reverse engineering our products, discovering our suppliers or manufacturers, competing with us in any way, or without our prior permission will be used for resale and/or for in connection with contests or other sales promotions.

Payment for Orders

We may use a third-party payment processor for processing payments, and such payment processor may have separate policies regarding their services. Such third-party payment processor’s policies are as set forth by such third-party on their platforms. A “chargeback” is a reversal of a credit/debit card charge; there is no reason for a chargeback to ever be filed. If you dispute a payment, or if you receive any products from us that you deem not acceptable, you agree to first contact us regarding such dispute. If you chargeback a credit/debit card charge for a payment initiated by you, you agree that we may recover the amount of the chargeback, in addition any chargeback fees levied by a payment service provider, by any means deemed necessary.

Intellectual Property Rights

You acknowledge and agree that the Website and any software used in connection with the Website or Services contains proprietary and confidential information that is protected by applicable intellectual property law and other laws. The Website, the Services, and the entire contents, features, and functionality (including but not limited to all information, software, underlying code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) associated therewith are owned by us and are protected by United States intellectual property laws (including but not limited to copyright, trademark, and patent laws) and where applicable, international intellectual property laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you. As between Users and us, all right, title and interest in and to any intellectual property incorporated, used, or made viable in connection with the Services will remain solely with us. You agree that you are only using the Services for the purposes intended and set forth herein, and not for purposes of reverse engineering or otherwise discovering confidential or protected information about the Website or about us.

These Terms of Service permit you to use the Website only for the purposes intended herein and not for any commercial use except as specified herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, intentionally store, or transmit any of the material on our Website. You may not modify copies of any materials from this site; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or access or use for any commercial purposes any part of the Website or any services or materials available through the Website without our express written consent.

If you wish to make any use of material on the Website other than that set forth in this section, please fill out our contact us form. We may approve or deny such requests at our sole discretion. If you do not receive a response from us, such non-response constitutes a denial of your request.

Monitoring and Enforcement.

We have the right to (i) take appropriate legal action, including without limitation, refer you to law enforcement, for any illegal or unauthorized use of any Website; and (ii) cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Content Standards

These content standards apply to any use of the Services generally. Any Content or other information submitted through the Website must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you should not submit to, or transmit through, the Website, any content or material (i) is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringes any intellectual property right or other legal rights of any other person; (iv) is likely to deceive any person; (v) promotes any illegal activity, or advocate, promote, or assist any unlawful act; (vi) impersonates any person, or misrepresent your identity or affiliation with any person or organization; or (vii) involves commercial activities or sales.

Reporting Infringement
Copyright Infringement and DMCA Notices.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent via our Contact Us form. The written notice (the “DMCA Notice”) must include substantially all the details as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512). If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.

Disclaimer

We may offer on-demand printing and producing of Custom Products. We do not review Content submitted by Users or provide feedback on such Content. If you are a User, you acknowledge that if a third-party rights holder alleges infringement against you, we may (i) provide your contact details to such third party owner; (ii) cancel your account and/or otherwise terminate your access to the Services; (iii) cancel any order already placed by you which would further infringe such party’s rights. If you are a rights holder and you feel a User has requested that we create Custom Products which infringe your intellectual property rights, we encourage you to reach out to us using the contact us form.

Geographic Restrictions

We are based in the state of California in the United States. The Website is provided for use only to persons located in the United States. We do not make any claim that the Website or any content thereon is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for access or download from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, and the content, services, products, or other items obtained through the Website, is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We, nor any person associated with us, makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither we, nor anyone associated with us, represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

To the fullest extent provided by law, we hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify, defend and hold harmless Class Tracker and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Governing Law and Arbitration

YOU SHOULD READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

We will engage in good faith negotiation to resolve any dispute, claim, or question, and use respective best efforts to settle the same, as a condition precedent to either party initiating any court action, lawsuit, mediation, or arbitration. If no resolution is reached, either party may initiate binding arbitration as the sole means to resolve claims, as provided herein. All claims arising out of or relating to this Terms of Service, including access to and use of the Services, shall be finally settled by binding arbitration administered by JAMS under the applicable commercial arbitration rules, excluding any rules or procedures governing or permitting class actions.

The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, non-appealable, and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement. This Terms of Service and the Privacy Policy contain the entire agreement between us and you as a User of the Services. No other communications, whether direct or indirect, between you and any us will, or are intended to, alter, or supersede any provision of this Terms of Service or Privacy Policy, unless the parties execute a document specifically including a provision to the contrary.

Waiver and Severability. No waiver by us of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Changes to Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not agree with updated Terms of Service at any time, you should cease use of the Website

Contact Info

Questions about the Terms of Service should be sent to us at info@classtracker.com.