Last Modified: 21 April 2020
Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
This is a contract between you and CLASlite. You must read and agree to these terms before using the Site. If you do not agree, you may not use the Site. You may use the Site only if you can form a binding contract with CLASlite, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Site by anyone under 13 is strictly prohibited and in violation of this Agreement. The Site is not available to any Users previously removed from the Site by CLASlite.
I-CULTIVER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY WITH RESPECT TO: THE EXISTENCE, QUALITY, SAFETY OR LEGALITY OF PRODUCTS OFFERED FOR SALE ON OR THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT DEFECTS; THE TRUTH OR ACCURACY OF PRODUCT DEVELOPERS.
1. Limited License. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site only for your internal use as permitted by the features of the Site. CLASlite reserves all rights not expressly granted herein in the Site and the CLASlite Content (as defined below). CLASlite may terminate this license at any time for any reason or no reason.
2. Software. To use CLASlite you must have a device that is compatible with the Software. CLASlite does not warrant that the Software will be compatible with your device. You may use CLASlite and may incur additional charges from your other service providers to use the software. You agree that you are solely responsible for any such charges. CLASlite hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Software for one CLASlite account on one device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services for any third party; (iii) make any copies of the Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software; or (v) delete the copyright and other proprietary rights notices on the Software. You acknowledge that CLASlite may from time to time issue upgraded versions of the Software. You consent to such automatic upgrading and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Software or any copy thereof, and CLASlite or its third-party partners or suppliers retain all right, title, and interest in the Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. CLASlite reserves all rights not expressly granted under this Agreement. The Software originates in the United States and is subject to United States export laws and regulations. The Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Software and the Site.
Your CLASlite account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users, including Users who are students or from non-profit or government organizations (“Student/Non-profit”) and Users who don’t qualify as student/non-profit (“Others”). If you open a CLASlite account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to CLASlite with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You must notify CLASlite immediately of any breach of security or unauthorized use of your account. CLASlite will not be liable for any losses caused by any unauthorized use of your account.
By providing CLASlite your email address you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site and special offers. If you do not want to receive such email messages, you may opt out by clicking the option to unsubscribe at the bottom of the message, or sending an email to email@example.com with “Unsubscribe me” in the Subject line. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
There may be risks of dealing with people acting under false pretenses, because user verification on the Internet is difficult, CLASlite cannot and does not confirm each User’s purported identity in our discussion groups or on the site. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
1. Subscribers: By providing a credit card or other payment method that we accept, you as the Buyer represent and warrant that you are authorized to use the designated payment method and that you authorize our third-party payment processor to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, a “Subscription”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account with our third-party payment processor. If a payment is not successfully settled and you do not edit your payment method information or Order, or account, as applicable, you remain responsible for any uncollected amounts and, with respect to your Order, authorize us to continue billing the payment method, as it may be updated.
It is your responsibility to provide proof of your status as a student or an affiliate with a non-profit or government organization for the use of CLASlite free trial and for the discounted price. CLASlite reserves the right to the final decision on any disputes regarding your eligibility for free trial and any discounts. CLASlite reserves the right to terminate, cancel, delete your account, revoke access to the site and services if your information or document is incorrect, false, or not valid. If accepted, your status is valid for 12 consecutive months, after which you will be required to provide proof of status again. It is your responsibility to inform CLASlite of any change in your status to prevent any loss of service. If your status changes, you may continue as the “Other” type of Subscriber, unless your privileges or access to site has been revoked by CLASlite or any reason.
All prices on our Site and Services are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. CLASlite reserves the right to adjust prices as it may determine in its sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria from time to time. Any such change in price will apply after the period of your current paid term. If you are on a monthly subscription plan, any change in price will apply for the upcoming month and your account will be charged for that and all consecutive months accordingly.
2. General. CLASlite reserves the right to withhold payment or charge back to your User Account any amounts otherwise due to us under this Agreement or amounts due to any breach of this Agreement by you, pending CLASlite’s reasonable investigation of such breach. CLASlite also reserves the right to withhold payment or charge back to your User Account any amounts subject to dispute, such as in the case of credit card charge backs, pending successful resolution of the dispute. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your User Account. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Site and Services. If you dispute any payment made hereunder, you must notify CLASlite in writing within thirty (30) days of such payment or from when you purport such payment would have been due, whichever is earlier. Failure to so notify CLASlite shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by CLASlite. No other measurements or statistics of any kind shall be accepted by CLASlite or have any effect under this Agreement, and you shall have no audit rights hereunder.
You acknowledge that you fully assume the risks of purchase and sale transactions when using the Site and Services and assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to Products or Services using the Site. You agree that CLASlite shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
You are solely responsible for all of the terms and conditions through or as a result of use of the Site and Services, including, without limitation, terms regarding payment, fees, taxes, licenses, fines.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the CLASlite servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that CLASlite grants the operators of public search engines revocable permission to use spiders to copy publically available materials from CLASlite.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
Accessing any audiovisual content that may be available on the Site or associated with CLASlite courses offered at third party sites for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Site. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
G. Changes to the Service
We may, without prior notice, change the Site; stop providing the Site or features of the Site, to you or to Users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
H. Disputes with Other Users
You are solely responsible for your interactions with other CLASlite Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. CLASlite shall have no liability for your interactions with other Users, or for any User’s action or inaction.
I. Service Location
The Site and Services are controlled and operated from facilities in the United States. CLASlite makes no representations that the Site and Services are appropriate or available for use in other locations. Those who access or use the Site and Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site or Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
Some areas of the Site allow Users to share content such as comments and success stories on the CLASlite Community page access to third-party application based communications for troubleshooting or customer care services, which may include videos, images, music, comments, questions, and other content or information (any such materials a User submits, or otherwise makes available on the Site is referred to as “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Site, you agree to allow others to view, edit, and/or share your User Content in accordance with this Agreement. CLASlite has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Site.
You agree not to provide or share User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. CLASlite reserves the right, but is not obligated, to reject and/or remove any User Content that CLASlite believes, in its sole discretion, violates any of these provisions. You understand that publishing your User Content on the Site is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
CLASlite takes no responsibility and assumes no liability for any User Content that you or any other User or third-party shares, sends, or otherwise makes available over the Site. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that CLASlite shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
By posting or otherwise making available any User Content on or through the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to CLASlite a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and CLASlite’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under this Agreement.
Except for your User Content, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “CLASlite Content”), and all Intellectual Property Rights related thereto, are the exclusive property of CLASlite and its licensors (including other Users who post User Content to the Site). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any CLASlite Content. Use of the CLASlite Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to, or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place CLASlite under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, CLASlite does not waive any rights to use similar or related ideas previously known to CLASlite, or developed by its employees, or obtained from sources other than you.
You may sign up to receive certain CLASlite notifications or information via text messaging. By consenting to CLASlite SMS/text messaging service, you agree to receive SMS text messages with service, transaction, account-related, and promotional news and alerts from CLASlite to your mobile phone number provided, even if your mobile number is registered on any state or federal Do Not Call list. You certify that your mobile number provided is true and accurate, and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using automated technology, including through an automatic telephone dialing system. Standard message and data rates may apply from your carrier. Consent to receive text messages is not required as a condition of purchase. Check your mobile plan and contact your mobile carrier for details. You are solely responsible for all charges related to SMS text messages, including charges from your mobile carrier.
You can unsubscribe from receiving promotional text messages at any time. Please note that unsubscribing from promotional SMS text messages will not prevent you from receiving SMS texts and calls from CLASlite directly relating to your use of the Site and Services, such as account or security information that is necessary to provide the requested Service to you. To unsubscribe from text messages at any time, text STOP, END, CANCEL, UNSUBSCRIBE or QUIT or reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any text message you receive from CLASlite. You may receive one final text message from CLASlite confirming your request. For help, text HELP or contact us at firstname.lastname@example.org
CLASlite cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless CLASlite and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code.
The Site and Services are provided on an “as is” and “as available” basis. Use of the Site and Services are at your own risk. To the maximum extent permitted by Applicable law, the Site and Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from CLASlite or through the Site and Services will create any warranty not expressly stated herein. Without limiting the foregoing, CLASlite, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Site and Services will meet your requirements; that the Site and Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site and Services are downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Site and Services.
CLASlite does not warrant, endorse, guarantee, or assume responsibility for any product or site advertised or offered by a third party through the Site or Services or any hyperlinked website or site, and CLASlite will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not Apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not Apply to the extent prohibited by Applicable law.
To the maximum extent permitted by Applicable law, in no event shall CLASlite, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Site. Under no circumstances will CLASlite be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or your account or the information contained therein.
To the maximum extent permitted by Applicable law, CLASlite assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Site and Services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site and Services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site and Services; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall CLASlite, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to CLASlite hereunder or $100.00, whichever is greater.
This limitation of liability section Applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if CLASlite has been advised of the possibility of such damage. The foregoing limitation of liability shall Apply to the fullest extent permitted by law in the Applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not Apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not Apply to the extent prohibited by Applicable law.
The Site and Services are controlled and operated from facilities in the United States. CLASlite makes no representations that the Site and Services Appropriate or available for use in other locations. Those who access or use the Site and Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site and Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site and Services are solely directed to individuals, companies, or other entities located in the United States.