Terms of Service
The terms and conditions below (the "Terms of Service") govern your access to and use of Class Junky's website, products, and services (collectively, the "Site"), excluding any services provided to you by Class Junky, Inc. under a separate written agreement. The Terms of Service constitute a legal agreement between you and Class Junky, Inc. You agree to the Terms of Service by accessing or using the Site. Do not access or use the Site if you are unwilling or unable to be bound by the Terms of Service.
We reserve the right to modify these Terms at any time by posting a notice on the Class Junky Site, or by sending you a notice via email or postal mail. Your viewing or using all or any part of the Service or the Class Junky Site constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification.
- A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you" and "your" refer to you, as a user of the Site. The terms "we", "us", "our", and "Class Junky" refer to Class Junky Inc.
- "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to or through the Site, such as ratings, reviews, compliments, invitations, and information that you display as part of your account profile. "User Content" means Content that users submit or transmit to or through the Site. "Class Junky Content" means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than Class Junky or its users, such as data providers who license data to Class Junky for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Class Junky Content.
You represent and warrant that you (a) have not previously been suspended by Class Junky or removed from the Site; (b) are not a direct competitor of Class Junky; (c) do not have more than one Class Junky account at any given time; and (d) that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.
Class Junky provides users with access to a rich collection of on-line resources, including without limitation instructor/class business web page hosting services, on- and off-line advertising services, promotional pricing services, and the ability to contact merchants from whom students, schools, or other businesses seek services (collectively, the "Service"). Unless explicitly stated otherwise, any new features that enhance the current service shall be subject to these terms. For purposes of these Terms, the term "student" means a user of the Class Junky platform or the Class Junky Site to learn or investigate about learning. For purposes of these Terms, the term "instructor" means an instructor or listing owner (e.g., a school or organization) that lists classes on the Class Junky platform or Class Junky Site.
Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the Class Junky Site to solicit reviews from, and share reviews with other Class Junky users; search the Class Junky database for reviews and business contact information; forward reviews to people you know, whether or not they are existing Class Junky users; invite people you know to join Class Junky; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages, and other materials available via the Service, and other items displayed on the Class Junky Site ("Content"), for your own use. You may not copy or distribute any portion of the Class Junky Site and/or the Service for any purpose not authorized above without the express written permission of Class Junky. Class Junky does not control the Content posted by third parties via the Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL CLASS JUNKY BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE CONTENT YOU SUBMIT VIA THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE CONTENT, INTEGRITY, AND ACCURACY OF SUCH CONTENT. Class Junky reserves all rights with respect to the Service and the Class Junky Site not expressly specified herein.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of Class Junky or use the Class Junky Site and the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you do not so qualify, do not use the Service or the Class Junky Site. Membership in the Service is void where prohibited by applicable law, and the right to access the Class Junky Site is revoked in such jurisdictions. You must be 13 years of age or older to use the Class Junky Site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the Class Junky Site and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Class Junky Site is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Service or the Class Junky Site.
You need to create an account and provide information about yourself in order to use some of the features on the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:
- A "Personal Account" is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts.
- A "Business Account" is an account to be used solely for the purpose of representing your business on the Site. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent, including a photo of yourself to be displayed in connection with your Business Account. You may not provide an email address that is not your own or create multiple Business Accounts for the same business location.
In consideration of use of the Service and the Class Junky Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Class Junky has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Class Junky has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Additionally, you agree that if you provide false information to obtain access to a Class Junky business site that you are not legally entitled to claim, Class Junky will be entitled to collect liquidated damages of $1,000 per violation or actual damages incurred by Class Junky from you. You understand and agree that the Service may include certain from Class Junky, such as service announcements, administrative messages, and the Class Junky Newsletter, and that these communications are considered part of Class Junky membership and (except as prohibited by applicable law) you will not be able to opt out of receiving them.
For information regarding how we handle your personal information of our users, please read Private Policy.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Class Junky, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. This also means that you are entirely responsible for, among other things, (a) ensuring that you have all obtained all necessary legal rights to upload, post, or otherwise transmit Content via the Service (and to grant Class Junky the license to such Content set forth in Section 8 below), and (b) that any Content that you upload, post, or otherwise transmit via the Service complies in all respects with the Terms. Class Junky does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable.
In your use of the Service or the Class Junky Site, you agree not to:
- Upload, post, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm minors in any way, or seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under 18;
- Post information that is pornographic or sexually explicit in nature;
- Post false or intentionally misleading information;
- Provide any posted content that falsely expresses or implies that such content or material is sponsored or endorsed by Class Junky;
- Provide any posted content that is unlawful or that promotes or encourages illegal activity;
- Impersonate any person or entity, including, but not limited to, a Class Junky official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- Upload, post, or otherwise transmit any content that you do not have a legal right to transmit 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);
- Upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, trade secret, or other proprietary rights of any party, or remove any copyright, trademark, or other proprietary rights notice contained in the Class Junky Site, the Service, or in any content;
- Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or the Class Junky Site or servers or networks connected to the service, use any device, software, or routine that interferes with the proper working of the service or the Class Junky site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "Stalk" or otherwise harass another user, individual, merchant, student, or instructor;
- Collect, harvest, or store personal data about users, or members for any reason other than to solicit and share reviews or to gain more information about a learning or teaching opportunity;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Class Junky site and/or service;
- Create or submit unwanted email or messaging ("Spam") to any other Class Junky user or otherwise interfere with the enjoyment of other members or users of the Class Junky Site or the service;
- Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse engineer any portion of the Class Junky site and/or the service;
- Access, retrieve, or index any portion of the Class Junky site and/or service for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the web pages that are part of the Class Junky site and/or service;
- Create user accounts by automated means or under false or fraudulent pretenses;
- Use of the Class Junky site or services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in Class Junky’s sole discretion, an unreasonable or disproportionately large load on Class Junky’s IT infrastructure; or
- Copy or store any content offered on the Class Junky Site for other than your own use;
You understand and agree that Class Junky may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating) or other posted Content that in the sole judgment of Class Junky violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Class Junky Site and/or other website users. You are solely responsible for your ratings and reviews of businesses listed on Class Junky. Class Junky reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
In addition, you agree that all hyperlinks and other offers comprising the service (e.g., hyperlinks provided in connection with Class Junky's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by Class Junky.
If you as a merchant use the promotional pricing feature to provide consumers with deals through the Class Junky site and platform, you represent and warrant to Class Junky that you have authority to offer such a deal and promise to honor the terms of that deal as they are presented to the consumer through the Class Junky site and platform. Without limitation of other representations, warrants, and indemnities elsewhere within these terms, you specifically agree to indemnify Class Junky against any claims by users of the service that the terms of a coupon or other offered deal were not honored.
- Content Submitted to Class Junky
Class Junky does not claim ownership of the content you place on Class Junky site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the Class Junky site or otherwise through the service, you:
- Grant to Class Junky, its affiliates and their assignees the perpetual, irrevocable, fully assignable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of, and otherwise exploit such Content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas, or know-how embodied therein;
- Represent and warrant to Class Junky that you own or otherwise control all rights to such content (including the ability to grant Class Junky this license) and that disclosure and use of such content by Class Junky (including without limitation, publishing Content at the Class Junky website) will not infringe or violate the rights of any third party; and
- Acknowledge that the content may not be treated confidentially.
You agree not to provide Class Junky with any confidential or proprietary information that you desire or are required to keep secret.
You acknowledge that Class Junky does not pre-screen content, but that Class Junky and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any content that is available via the service. Without limiting the foregoing, Class Junky and its designees shall have the right to remove any content that violates these terms or is otherwise objectionable (in Class Junky’s sole discretion). You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
- Student Enrollment/ Instructor Acceptance
In order for you to enroll as a student in a class offered by a teacher on the Class Junky platform, you must:
(a) Enroll in the class via the Class Junky platform.
(b) Pay for the class via the Class Junky platform.
(c) Be accepted by the instructor of the class within three (3) days via the Class Junky platform.
PLEASE UNDERSTAND THAT EVERY STUDENT ENROLLMENT IS SUBJECT TO ACCEPTANCE BY THE RELEVANT INSTRUCTOR – EVEN AFTER PAYMENT BY THE STUDENT. IF THE RELEVANT INSTRUCTOR REJECTS A STUDENT OR FAILS TO AFFIRMATIVELY ACCEPT THE STUDENT WITHIN THREE (3) DAYS OF THE STUDENT’S ATTEMPTED ENROLLMENT, THE STUDENT WILL NOT BE ENROLLED IN THE CLASS, AND A REFUND WILL BE MADE IN ACCORDANCE WITH SECTION 10 BELOW. ONCE AN INSTRUCTOR HAS ACCEPTED A STUDENT, CLASS JUNKY WILL NOT BE LIABLE FOR ANY CANCELLATIONS OR POSTPONEMENTS BY THE INSTRUSTOR, AND ALL REFUNDS, MAKE-GOODS, OR RAIN CHECKS ARE AS AGREED UPON BY THE INSTRUCTOR AND THE STUDENT.
Whenever you enter into a payments transaction on the Class Junky Site, you agree to provide Class Junky with accurate, complete, and current credit card information for a credit card that you are authorized to use. You agree that all transactions are non-cancelable and non-refundable except as expressly set forth below in this section.
Class Junky will refund a student only under the following circumstances:
- A student enrolls for and pays for a class, but the instructor rejects a student; or
- A student enrolls for and pays for a class and the instructor fails to accept the student within three (3) days of when the student enrolled and paid for the class.
PLEASE UNDERSTAND THAT ALL STUDENT ENROLLMENTS ARE SUBJECT TO ACCEPTANCE BY THE RELEVANT INSTRUCTOR. PLEASE UNDERSTAND THAT ONCE AN INSTRUCTOR ACCEPTS A STUDENT, CLASS JUNKY WILL NOT PROVIDE ANY REFUNDS FORCANCELLED CLASSES. IN SUCH SITUATIONS THE STUDENT AND INSTRUCTOR MUST ARRANGE AND AGREE BETWEEN THEMSELVES A SUITABLE RAIN CHECK, MAKE-GOOD, OR REFUND.
In making a payment transaction on the Class Junky Site, you agree to abide by Class Junky secured payment system’s applicable terms of service and policies.
- Payment, refunds, upgrading and downgrading plans; Restrictions
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- If you are an instructor and sign up for one of our monthly plan, and you don't cancel that account within thirty (30) days, you will be billed monthly starting on the thirtieth (30th) day after your account was initially created. If you cancel prior to the processing of your first invoice on the thirtieth (30th) day, you will not be charged.
- Individuals are only eligible for one 30-day free-trial.
- Monthly Plans are billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All Monthly Plans fee are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your plan may cause the loss of Content, features, or capacity of your account. Class Junky Inc. does not accept any liability for such loss.
- You must be 13 years old to open an account.
- You must be a human to open an account. Accounts registered by "bots" or other automated methods are prohibited.
- One person may not maintain more than one Basic Free Profile account.
- If you are using the Basic Free Profile, you may not block ads.
- All use of Basic Free Profile accounts and Monthly Plans accounts are subject to these Terms.
- Cancellation and termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by accessing your Subscription settings by clicking on the My Settings link in the global navigation bar at the top of the screen[CH1] . The My Settings section provides a simple no questions asked cancellation option under Subscription settings.
- All of your Class Junky Monthly Plans Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel any Monthly Plans before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Class Junky, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Class Junky service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Class Junky reserves the right to refuse service to anyone for any reason at any time.
- Modifications to the service and prices
- Class Junky Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Basic Free Profile, monthly plans, the service (or any part thereof) with or without notice.
- Prices of Monthly Plans are subject to change upon thirty (30) days notice from us. Such notice may be provided at any time by posting the changes to the Class Junky site or the service itself.
- Class Junky Inc. shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Basic Free Plan, the Professional Plan, or the Service.
- Basic Profile members have the ability to create a profile, use basic tools and list items on Class Junky. Monthly Plans members have access to member only features such as profile customization, advanced tools and priority placement.
- Modification and Termination
You agree that Class Junky may, in its sole discretion and without notice, terminate your password, your use of the service, the Class Junky site or use of any other aspect of the Service, and remove and discard any content within the service or the Class Junky Site, for any reason, including, without limitation, for lack of use or if Class Junky believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Class Junky may also, in its sole discretion and at any time, discontinue providing or modify the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Class Junky may immediately deactivate or delete your pages on the Class Junky site and all related information and files in your pages on the Class Junky site and/or bar any further access to such files or the service. Further, you agree that Class Junky shall not be liable to you or any third-party for any modification of the service termination of your access to the service.
Class Junky runs advertisements and promotions on the Class Junky Site. By creating your pages on the Class Junky Site, you agree that Class Junky has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Class Junky on your Class Junky Site are subject to change in the sole discretion of Class Junky.
- Coupons, Deals and Promotions
Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant or advertiser. YOU AGREE THAT CLASS JUNKY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
The Service and the Class Junky Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Class Junky has no control over such sites and resources, you acknowledge and agree that Class Junky is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CLASS JUNKY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
You agree that all Content and materials delivered via the Service or otherwise made available by Class Junky are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Class Junky in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at the Class Junky Site for your internal business purposes; provided, however, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from the Class Junky Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Class Junky is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms and each individual violation is subject to $3,000 in penalties per instance.
Reproducing, copying, or distributing any Content, materials, or design elements on the Class Junky Site for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of Class Junky. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Class Junky grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided, however, that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Class Junky for use in accessing the Service. Class Junky hereby reserves all rights not otherwise expressly granted in this Section 16.
- Copyright and Trademark Dispute Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe in good faith that materials hosted by Class Junky Inc. infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to: Help@classjunky.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
We make some of the Site Content (the "Feed Content") available via Real Simple Syndication and Atom feeds (the "Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (a) your use of the Feeds is for personal, non-commercial purposes only, (b) your display of the Feed Content links back to the relevant pages on the Site and attributes Class Junky as the source of the Feed Content, (c) your use or display of the Feed Content does not suggest that Class Junky promotes or endorses any third party causes, ideas, web sites, products or services, including Your Site, (d) you do not redistribute the Feed Content, and (e) your use of the Feeds does not overburden Class Junky's systems. Class Junky reserves all rights in the Feed Content and may terminate the Feeds at any time. Please select "Partnerships" on our contacts page here to inquire about other possible uses of the Feeds.
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
- Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
©2012 Class Junky, Inc. All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Site, and download and/or print out only one copy of any materials on the Site, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Site in any way without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
"Classjunky.com" are all trademarks and/or service marks of Class Junky Inc. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
- Warranties, Disclaimers, and Limitations of Liability
- THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. CLASS JUNKY MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. CLASS JUNKY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM CLASS JUNKY OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
- CLASS JUNKY DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF CLASS JUNKY OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
- CLASS JUNKY FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
- CLASS JUNKY ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH CLASS JUNKY RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- Neither ClASS junky, suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, or any product or service purchased through the Site.
In no event will we be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the service, even if we or our agents or representatives know or have been advised of the possibility of such damages, or to any person other than you. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the service during the current term of your membership. We do not conduct background checks or otherwise screen the members registering to the service in any way. As a result, we will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of this service, including, without limitation, damages arising out of communicating and/or meeting with other members of the service, or individuals introduced to you via the service. Such damages include, without limitation, physical damages, bodily injury and or emotional distress and discomfort.
You agree to indemnify and hold Class Junky, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Class Junky reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Class Junky. Class Junky will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Site may include links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites. Some of the services made available through the Site are provided in connection with third parties and subject to additional terms posted here, which terms are incorporated herein by reference.
- If there is any dispute about or involving the Site or Class Junky, you agree that any such dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in San Francisco County, California.
- No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.
- We may provide you with notices, including those regarding changes to the Terms of Service on this page.
- Except as otherwise stated in Section 26 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
- Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
- The Terms of Service are not assignable, transferable or sub-licensable by you except with Class Junky's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
- The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
These Terms (and the documents incorporated by reference herein) constitute the entire agreement between you and Class Junky and govern your use of the Service, superseding any prior agreements between you and Class Junky (including, but not limited to, any prior versions of these Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sub licensable by you except with Class Junky's prior written consent. Class Junky may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Class Junky services, third-party Content or third-party software. These Terms and the relationship between you and Class Junky shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Class Junky agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The failure of Class Junky to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Class Junky Service, such activity is solely between you and the applicable third party. Class Junky shall have no liability, obligation or responsibility for any such activity. You hereby release Class Junky from all claims arising from such activity.
ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE USER AND CLASS JUNKY AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY, OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of JAMS or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the JAMS. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.
THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION. TO ENFORCE THE ARBITRATION AWARD, THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.
THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE STATE OF CALIFORNIA.
By using the Class Junky Site and the Service, you agree that damages shall be an inadequate remedy in the event you breach these Terms and any such breach will cause Class Junky great and irreparable injury and damage. Accordingly, you agree that Class Junky shall be entitled, without waiving any additional rights or remedies otherwise available to Class Junky at law or in equity or by statute, to injunctive relief in the event of a breach or intended or threatened breach by you.
Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to email@example.com.
Class Junk Inc.
530 Kansas Street #1
San Francisco, CA 94107
Class Junky logo is proprietary service marks of Class Junky, Inc.