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Software Usage Terms & Conditions
USER AGREEMENT AND SOFTWARE USAGE TERMS
Through its ClassJuggler.com Web site (the "Services") ClassJuggler provides business owners a variety of tools and resources to collect and manage their customer and business data. By clicking the "I Accept" button below, you accept these terms and conditions.
- 1. Services and Support
- 1.2 – The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
- 1.3 – As part of the registration process, you will identify an email address and password for your ClassJuggler.com account. You are responsible for maintaining the security of your account and passwords, and for all uses of your account and of the Services in your name. ClassJuggler reserves the right to refuse registration of, or cancel, any accounts it deems are being used inappropriately.
- 1.4 – You acknowledge that from time to time delivery of email messages may be blocked or prevented at the destination mail servers for email sent through ClassJuggler.com. ClassJuggler makes no warranty of email messages transmitted via the Services, nor can guarantee the delivery of all email messages sent via the Services. ClassJuggler cannot correct or affect the use of "black lists" by certain email services. You are responsible for monitoring, correcting and updating the email addresses to which messages are sent through the Services.
- 2. Restrictions and Responsibilities
- 2.1 – This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software; modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
- 2.2 – You acknowledge and agree that the Services and the ClassJuggler company names and logos and all related product and service names, design marks and slogans, are the property of ClassJuggler or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of ClassJuggler. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain with ClassJuggler or its third party suppliers, as the case may be.
- 2.3 – You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws. You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party via the Services. You hereby agree to indemnify and hold harmless ClassJuggler against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although ClassJuggler has no obligation to monitor the content provided by you or your use of the Services, ClassJuggler may do so and may prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
- 2.4 – The Services may only be used for lawful purposes. Transmission of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
- 2.5 – In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to ClassJuggler. ClassJuggler may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of ClassJuggler, ClassJuggler may share your information with the Marketing Partner. ClassJuggler will not provide information to companies you have not authorized, and ClassJuggler will not permit the companies that get such information to sell and redistribute it without your prior consent.
- 2.6 – ClassJuggler will not use any of your customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, ClassJuggler will not use your customer information for the purpose of sending unsolicited commercial e-mail.
- 3. Termination
- 3.1 – ClassJuggler may terminate this Agreement or the Services at any time with or without cause, and with or without notice. ClassJuggler shall have no liability to you or any third party because of such termination.
- 3.2 – You are prohibited from using any ClassJuggler materials, data, or information after termination of this Agreement or services. Use of any such materials, data or information makes you liable for any and all damages and/or losses sustained by ClassJuggler, and attorney fees and court costs incurred by ClassJuggler in defending its rights pursuant to this Agreement.
- 4. Warranty Disclaimer; Remedies
- USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. CLASSJUGGLER. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND CLASSJUGGLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
- Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for ClassJuggler to use commercially reasonable efforts to adjust or repair the Services.
- 5. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CLASSJUGGLER OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "CLASSJUGGLER") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CLASSJUGGLER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, CLASSJUGGLER IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF CLASSJUGGLER TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE.
- YOU AGREE THAT UNLAWFUL ACCESS TO YOUR CUSTOMERS' DATA VIA ANY USER ACCOUNT (ID/PASSWORD COMBINATION) PROVIDED BY YOU TO YOUR CUSTOMERS FOR THE PURPOSE OF SELF-SERVICE ADMINISTRATION IS THE SOLE LIABILITY OF YOUR BUSINESS AND CLASSJUGGLER WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CLASSJUGGLER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
- 6. Export of Services or Technical Data
- You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
- 7. Miscellaneous
- 7.1 – If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
- 7.2 – ClassJuggler and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
- 7.3 – No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind ClassJuggler in any respect whatsoever.
- 7.4 – In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
- 7.5 – The Agreement shall be governed by the laws of Contra Costa County California, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in California.
Last Updated - October 2009