Terms and Conditions FOR CLASSESUSA.COM
Revised April 26, 2007
PLEASE CHECK THIS PAGE FREQUENTLY FOR UPDATES. THE CURRENT VERSION OF THESE
TERMS AND CONDITIONS APPLY EACH TIME YOU USE THE SITE.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT
MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement ("Agreement"), is made by and between classesUSA.com, Inc.
("ClassesUSA," "ClassesUSA.com," "We," "Us," or "Our"), a Delaware corporation
with offices at 920 Broadway, 10th Floor, New York, NY 10010, pursuant to its
provision of the Web Site called ClassesUSA.com ("Web Site"), and you
("You," "Your" or "Yourself"). The Web Site, all products or services offered
on this site, all text, pictures, graphics, logos, button items, images, works
of authorship and other information and all revisions, modifications, and
enhancements thereto ("Content") are subject to the following terms and
conditions, which may be updated from time to time.
UPON ACCESSING CLASSESUSA.COM, YOU AGREE TO THESE TERMS AND CONDITIONS. PLEASE
READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR
CONDITIONS, OR IF ANY OR ALL OF THE FOLLOWING ARE PROHIBITED WITHIN YOUR
JURISDICTION, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE, THE PRODUCTS, OR
ANY INFORMATION CONTAINED ON THIS WEB SITE. YOUR ACCESS TO AND USE OF THIS WEB
SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY, AND UNDERSTANDING OF EACH OF THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU HAVE ANY QUESTIONS, VISIT THE
"CONTACT US" SECTION OF OUR WEB SITE TO SUBMIT QUESTIONS TO OUR CUSTOMER
You understand and agree that all claims,
disputes, or controversies between You and ClassesUSA and its parents,
subsidiaries or related companies, including but not limited to tort and
contract claims, claims based upon any federal, state, or local statute, law,
order, ordinance, or regulation, and the issue of arbitrability, shall be
resolved by final and binding arbitration using the American Arbitration
Association's (AAA) Commercial Arbitration Rules (AAA Rules) in effect on the
date of initiation of the arbitration, except as to those AAA Rules that
conflict with or differ from this Agreement, by one or more arbitrators
appointed in accordance with the said rules at a location determined by the
arbitrator(s). The arbitrator shall be a lawyer with more than ten years
experience or a retired or former judge. The arbitrator shall be independent
of and unrelated to You. Notwithstanding any language in these Terms and
Conditions to the contrary, no arbitration may be administered without the
consent of all parties to the arbitration. Any controversy concerning whether
a dispute is arbitrable shall be determined by the arbitrator(s) and not by
the court. Judgment upon any award rendered by the arbitrator(s) may be
entered by any state or federal court having jurisdiction thereof. This
arbitration contract is made pursuant to a transaction in interstate commerce
and its interpretation, application, enforcement, and proceedings thereunder
shall be governed by the Federal Arbitration Act, 9 U.S.C. Sec. 1-16 ("FFA").
NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION
BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR
MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The parties
voluntarily and knowingly waive any right they have to a jury trial.
In consideration of Your use of the Web Site,
You agree to provide true, accurate, and current information about Yourself if
prompted on Our Web Site, and agree to promptly update such information should
it change or should additional information be required by ClassesUSA or
applicable law. We reserve the right to request verification of, and You agree
to be subject to verification of, any of the information provided by You for
enrollment with and continued use of the Membership.
COMPANY NEWSLETTER AND OTHER EMAILS.
By signing up on the Web Site,
You are opting-in to receive Our newsletters by email, other special offer emails,
and/or third-party emails. If You do not wish to receive these emails, You may
opt-out at any time, by following the directions in the newsletter/email.
You must meet the basic requirements listed below to
utilize Our Web Site.
4.1 Age. By registering on this Web Site, You certify that
You are eighteen (18) years of age or older.
4.2 Approved Locations. The Web Site is currently applicable
only to those in the United States of America. You must be physically
located within the United States of America while using the Web Site.
4.3 Cookies. Members must have cookies enabled. Members must
access Our Partners' sites (where applications may be completed or
information provided) through the Web Site. These conditions are
mandatory so that the educational institution will know that You used
Our Web Site to reach their respective site.
4.4 Etiquette. You shall not tamper, hack, spoof, copy, modify, or
otherwise corrupt the administration, security, or proper function of any part of
ClassesUSA's Web Site. You shall not use robots, scripts, spiders, or crawlers
or similar devices with the ClassesUSA Web Site.
4.5 Your Relationship To ClassesUSA. Your relationship to ClassesUSA is one
of an independent contractor and/or customer. No employee-employer relationship is
created by Your use of the Web Site.
4.6 Your Relationship With Partners. We do not warranty, guarantee,
or insure the quality of any product or service offered by any of the
Partners. Your relationship with Partners for whom We deliver goods or
services on Our Web Site, including payment for 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 Partner. You agree not to hold ClassesUSA liable for any loss
or damage of any sort incurred as the result of any such dealings or as
the result of the content provided by such Partners through the Web Site.
When You leave the ClassesUSA Web Site, You should review the terms and
4.7 Inaccuracies/Typos. ClassesUSA is not responsible for typos or misprints
contained within Our Web Site. We reserve the right to correct typos, errors and
descriptions as needed to maintain accurate information. Under no circumstances will
ClassesUSA be liable for misquoted content. All information and prices should be
verified prior to final transactions.
You acknowledge and agree that (a) all text, pictures,
graphics, logos, button items, images, works of authorship and other information and all
revisions, modifications, and enhancements thereto ("Content") is the copyrighted work
of ClassesUSA or its third party content suppliers and is protected by copyright laws,
(b) the domain www.ClassesUSA.com, the ClassesUSA logo, all page headers, custom
graphics and button icons are service marks, trademarks and/or trade dress of ClassesUSA
(collectively, "Marks"), and (c) all other trademarks, product names, company names or
logos on the Web Site are the property of their respective owners. In addition to
agreeing to comply with all applicable laws, You agree You will not use any such Content
or Marks from this Web Site for any purpose without the appropriate prior written
TERMINATION AND CANCELLATION.
6.1 Termination. ClassesUSA, at Our sole discretion, may terminate
your usage of the Web Site without prior notice for any reason or no reason
at all, including without limitation, for (a) any violation of any provision
of this Agreement; (b) aiding in or promoting circumvention of the Web Site;
(c) acting against Our business interests or reputation; or (d) otherwise
acting unlawfully in relationship to ClassesUSA or the Web Site.
6.2 End of Web Site. We may cease offering the Web Site at any time and for any
reason, in Our sole discretion.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE
RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM
EXTENT ALLOWED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU
UNDERSTAND AND AGREE THAT CLASSESUSA, INCLUDING CLASSESUSA'S PARTNERS, OFFICERS,
DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS, AND THEIR
SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS
FEES, EXPENSES, AND COURT COSTS) RESULTING FROM YOUR BREACH OF THIS AGREEMENT, YOUR
OMISSIONS, YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAWS, RULES, OR REGULATIONS, OR IN
ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEB SITE,
PRODUCTS, ACCOUNT, MEMBERSHIP BENEFITS, CONTENT OR SOFTWARE, OR FROM YOUR ACCESS TO,
USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE, EVEN IF CLASSESUSA, OR
ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS
EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES
IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION
ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF,
NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON CLASSESUSA, THEN YOU AGREE THAT
CLASSESUSA'S TOTAL LIABILITY FOR ANY OR ALL YOUR LOSSES OR INJURIES FROM CLASSESUSA'S
ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIMS ALLEGEDLY
VIOLATED, SHALL NOT EXCEED $300.
GOVERNING LAW AND OTHER TERMS.
9.1 California Law and Jurisdiction. Any action related to this
Agreement will be governed by the laws of the State of California, without
regard to conflict of laws Rules. Any action relating to this Agreement as
permitted following the Mandatory Arbitration described above shall be
brought in the state or federal courts located in the Southern District of
California, and You hereby submit to the exclusive jurisdiction and venue
thereof. You agree to comply with the laws of the State of California and
the United States of America that apply to the use of the Web Site and the
compensation You may receive. If the law of Your residence prohibits or
limits Your participation in the Web Site, then You are responsible for
complying with such laws and You agree to indemnify Us against any breach or
9.2 Enforceability; No Assignment. If any part of this Agreement is
held to be unenforceable, the unenforceable part shall be given effect to
the greatest extent possible and the remainder will remain in full force and
effect. This Agreement is personal to You and You may not transfer, delegate,
or assign this Agreement, Your Membership or other benefits You may receive
as a Member to anyone. Any attempt by You to assign or delegate this
Agreement shall be null and void. We may assign this Agreement at Our sole
9.3 Other Documents. This Agreement may NOT be altered, supplemented,
or amended by the use of any other document(s) unless otherwise agreed to in
a written agreement signed by both ClassesUSA and You.
10.1 Standard Procedures. To prevent unauthorized access, maintain data
accuracy, and ensure the correct use of information, We have used appropriate
industry standard procedures to protect the confidentiality of Your personal
information, such as firewall, encryption, application proxies, monitoring
technology, and adaptive analysis of network traffic to track abuse of Our
network and its data. However, no data transmitted over the Internet can be
completely secure. As a result, while We strive to protect Your personal
information, We cannot guarantee the security of any information that You
transmit to Us or from Our Partners and You do so at Your own risk.
10.2 No Tampering. You agree not to tamper with the proper functioning
and tracking of the Web Site. Emulating or "faking" search usage and Web Site
visits will lead to termination of Your account and may lead to legal action.
10.3 Unauthorized Use. ANY UNAUTHORIZED USE OR ENTRY INTO A CLASSESUSA
WEB SITE IS PUNISHABLE BY LAW, AND WILL BE PROSECUTED TO THE FULL EXTENT OF
conditions and policies ClassesUSA may post on this Web Site constitute the entire
Agreement between You and Us and supersede all prior agreements between the parties
other terms, conditions and policies ClassesUSA may post on this Web Site shall be read
to be mutually consistent wherever possible. In the event of any conflict, this
party to exercise or enforce any of its rights under this Agreement will act as a
waiver of such rights.
CONTACTING US. If You have questions about any offer, Partner, completion, Web Site or
this Agreement, please contact firstname.lastname@example.org.