Definitions: The Terms and Conditions stated herein (collectively referred to as the “Agreement”) The terms “ClassHoppers”, “we”, “us” and “our” include Class Hoppers, LLC and our affiliates. The term “platform” refers to our website, services, mobile application and information contained therein. The terms “you” and “your” mean any person and/or any organization using or interacting with our platform. We use the word “content” to mean any information, material, links and all other data posted on our platform. We use the word “event” to mean any class or activity you have entered onto our platform as a member contributor. Your use of our platform signifies that you or your organization agree to abide by the terms and conditions set forth below.
By using our platform, you expressly represent and warrant that you are legally entitled to enter this agreement. If you reside in a jurisdiction which restricts the use of our services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use our platform. Without limiting the foregoing, our platform is not available to children (persons under the age of 18). By using our platform, you represent and warrant that you are at least 18 years old. By using our platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using our platform is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or organization.
When you register and provide your basic information, including email address and password, it is your responsibility to maintain the security and confidentiality of that email account and password. If you feel someone may be using your password, you are required to notify us immediately.
When using our platform you agree to comply with all applicable laws from your home nation, country, state and city in which you are present while using our platform. You may only access our platform using authorized means. It is your responsibility to check to ensure you download the correct Software/version for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software for your device. We reserve the right to terminate this agreement should you be using our platform with an incompatible or unauthorized device.
By using our platform you agree that: You will only use our platform for lawful purposes. You will not use our platform for sending or storing any unlawful material or for fraudulent purposes. You will not use our platform to cause nuisance, annoyance or inconvenience. You will not impair the proper operation of our platform. You will not try to harm our platform in any way whatsoever. You will not copy, or distribute our platform or other content without written permission from Class Hoppers, LLC. You will only use our platform for your own use and will not resell it to a third party. You will keep secure and confidential your account password or any identification we provide you which allows access to our platform. You will provide us with whatever proof of identity we may reasonably request. You will only use an access point which you are authorized to use.
Many of the features offered through our platform are free. We reserve the right to modify free services and features, or charge fees for some or all of the services provided on our platform. You will be notified in advance via your account email address of feature and fee structure changes.
We do not claim ownership of your content posted on our platform. In order to operate, improve, promote and protect our platform, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works for you, of your content and to commercialize and exploit the copyright, trademark, publicity and database rights you have in your content.
You agree to comply with all applicable laws, rules and regulations, and not to violate or infringe on the rights of any third party. If you do not comply, we may modify, suspend or terminate your account or access to our platform, in our sole discretion.
It is your responsibility to verify any and all information you obtain from our platform and use it in the manner as is intended. We do not control the content posted by other members. When we become aware of inappropriate content on our platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for the content of other members. You may report to us (via our online contact form or email@example.com) any content you feel is in violation of our platform’s intended use and/or in bad taste and we may choose to investigate that content.
Class Hoppers, LLC does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. We make no representation or warranties concerning the conduct or content of any members or their interactions with you.
Our platform contains proprietary and confidential information and is protected by intellectual property laws. Unless we expressly permit it through this agreement, you agree not to modify, reproduce, sell or charge a fee, offer to sell, make, or create derivative works based on, or distribute any part of our platform, including any data, or content of others. If you are a developer working with our API, you should contact us at firstname.lastname@example.org for information on our API licensing and how this impacts you.
You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, our platform or any hardware used in connection with our platform.
We work hard to continuously improve our platform. This means that we may modify or discontinue portions or all of our platform with or without notice and without liability to you or any third party.
Our platform may contain links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this agreement as “claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with any of the classes or services posted. You also agree to release members (hoppers and instructors) and facilities listed from claims based on a member’s negligence arising out of or in any way connected with their content. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
You agree to indemnify, defend and hold all Class Hoppers, LLC parties harmless from any claims, made by any third party due to or arising out of (a) your violations of this agreement, (b) your use, misuse, or abuse of our platform, (c) your content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a class or Event that violates this agreement. You agree to promptly notify us of any third party claims, cooperate with all Class Hoppers, LLC. Parties in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees). You agree not to settle any claim without our prior written consent.
Our platform is provided to you “as is” and on an “as available” basis. We disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our platform, (c) the results that may be obtained from our platform, and (d) the correction of any errors in our platform, (e) any material or data obtained through the use of our platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our platform.
You agree that in no event shall any Class Hoppers, Inc. be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with (a) our platform or this agreement or the inability to use our platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on our platform, (c) your use of our platform or transportation to or from events, attendance at events, participation in or exclusion from events and the actions of you or others at events, or (d) any other matter relating to our platform.
The company makes no representation, warranty or guaranty as to the reliability, timelines, quality, suitability, availability, accuracy, or completeness of the service or software. The company dos not represent or warrant that (A) The use of the service or software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software system or data, (B) The service or software will meet your requirements or expectations, (C) any stored data will be accurate or reliable, (D) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (E) Errors or defects in the service or software will be corrected, or (F) The service or the software will be corrected, or (F) The service or the server(s) that make the service available are free of viruses or other harmful components. The service and software is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Class Hoppers, LLC
We make no representation, warranty, or guaranty as to the reliability, safety, timelines, quality, suitability or availability of any services, products or goods obtained by third parties through the use of our platform or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third party services or products remains solely with you, to the maximum extent permitted by law.
Our service and software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Before making any claim, you and Class Hoppers, LLC. agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement, including your participation in Events. You or Class Hoppers, Inc. may initiate this process by sending written notice (via our online contact for or to email@example.com) describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days of receipt of the initial notice, you or Class Hoppers, Inc. may bring a claim in accordance with Section 9.2.
Except as set forth in the previous section, you agree to submit any claim to Class Hoppers, Inc., or its successor, for final and binding arbitration. In arbitration certain rights that you or we would have in court may not be available, such as discovery or appeal. You and Class Hoppers, LLC. are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this agreement or your relationship with Class Hoppers, Inc.
Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
You may decline to resolve disputes through arbitration by emailing us at firstname.lastname@example.org within 30 days of the date you first agree to this agreement. Your email must include your full name, residential address, the email address registered to your member account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process, then the arbitration rules do not apply to you. This opt-out does not affect any other sections of this agreement.
You agree to resolve disputes with us on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
Class Hoppers, LLC. trademarks, logos, service marks, and service names are the intellectual property of Class Hoppers, LLC. Our platform, including our material on our platform, are also our or our licensors’ intellectual property and unless otherwise permitted by law, you agree not to use our intellectual property without our prior written consent.
Class Hoppers, LLC. respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our platform to those who we believe to be repeat infringers.
This Agreement, including the Privacy Policies, constitutes the entire Agreement between you and Class Hoppers, LLC., superseding any prior agreements between you and Class Hoppers, LLC. on such subject matter.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Class Hoppers, LLC. is intended or created by this agreement. A member of the Class Hoppers, LLC. platform is not our representative or agent, and may not enter into an agreement on our behalf.
This agreement is not assignable, transferable or sub licensable by you except with our prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Class Hoppers, LLC.’s assets, or similar transaction.
A party’s failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
If any provision of this agreement is found to be invalid by a court of competent jurisdiction, you and Class Hoppers, LLC. nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this agreement will remain in full force and effect.
If we terminate your account or access to our platform, this agreement terminates with respect to the member account that has been terminated. However, certain provisions of this agreement that by their nature survive termination shall survive termination.
We may modify this agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our platform. By continuing to use our platform after any changes come into effect, you agree to the revised agreement.
We may modify, suspend or terminate your account or access to our platform if, in our sole discretion, we determine that you have violated this agreement, including any of the policies or guidelines that are part of this agreement, that it is in the best interest of the Class Hopper, LLC. community, or to protect our brand or platform. We also may remove accounts of members who are inactive for an extended period of time.
A Member who has the ability to moderate or manage a particular portion of our platform also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of our platform.
Please report any violations of this agreement by a member or third party by sending an email to email@example.com.