3. Limited Right to Use. The viewing, printing or downloading of any content, graphic, web-based form or document from the Site and/or Application grants the Customer only a limited, nonexclusive license, not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, web-based form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the Customer's business use (but not for resale or redistribution). Provided however, the use of the Site and/or the Application may be provisioned to users that include employees and/or those who have entered into a Franchise/License Agreement with the Customer. The Customer may pass on all or part of the costs of the subscriptions for such users to Franchisees/Licensees, provided that the users are being granted access only for the Customer's business purposes.
4. Editing, Deleting and Modification. With the exception of Customer's data, we reserve the right in our sole discretion to add, edit or delete any documents, information, functionality or other content appearing on the Site and Application. In the event customer data requires modification or correction, iClassPro will make a reasonable effort to gain approval from the Customer prior to modification.
5. Indemnification. The Customer agrees to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to the Customer's violation of this Agreement or use of the Site and/or the Application.
6. Non Transferable. Except as allowed in Section 3, the Customer's right to use the Site and/or the Application is not transferable. Any password or right given to the Customer to obtain information or documents is not transferable.
7. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE AND/OR APPLICATION ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, SECURITY VULNERABILITIES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR THE CUSTOMER'S USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND THE CUSTOMER . THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CUSTOMER FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO THE CUSTOMER FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO THE CUSTOMER UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE THE CUSTOMER PAYS FOR ANY GOODS, SERVICES OR INFORMATION. ICLASSPRO PRICES ARE SUBJECT TO CHANGE WITH 30 DAYS NOTICE.
9. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which the Customer may purchase certain goods or services. The Customer understands that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between the Customer and Merchants. The Customer agrees that use of such Merchants is AT THE CUSTOMER'S SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN THE CUSTOMER AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
10. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to the Customer while on such sites. We are not responsible for information provided by the Customer to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
12. Payments. The Customer represents and warrants that if the Customer purchases goods or services from us or from Merchants that (i) any credit or bank account draft (ACH Draft) information the Customer supplies is true and complete, (ii) charges incurred by the Customer will be honored by the credit card company or financial institution, and (iii) the Customer will pay the charges incurred at the posted prices, including any applicable taxes.
If the Customer is signing up for a free trial (using promotional code: freetrial), the date of the Customer's first bill will be 1 (one) calendar month (Gregorian) from the sign-up date. Otherwise, the first bill will be the same day or the following business days after the sign-up date. To avoid being billed, the Customer must call iClassPro at 1-877-554-6776 during business hours and request account cancellation before the first bill date. Our business hours are 9:00 AM to 9:00 PM Central Standard Time in accordance with daylight savings time. iClassPro does not prorate subscription fees.
13. Securities Laws. This Site and/or Application may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward- looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and/or Application and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
14. Links to other Websites. The Site and/or the Application contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement by us. If the Customer decides to leave our Site and access these third-party sites, the Customer does so at the Customer's own risk.
15. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask the Customer to do the same. If the Customer believes that work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that has been infringed;
(c) A description of where the material is located on the Site and/or Application;
(d) The Customer's address, telephone number, and email address;
(e) A statement that the Customer has good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement, made under penalty of perjury, that the above information in the Customer's notice is accurate and that the Customer is the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Chris C. McNabb who can be reached as follows:
To: iClassPro, Inc.
Attention: Copyright Agent
Subject Line: DMCA Notification / DMCA Counter Notification
Address: 1249 LL Mackey Pkwy, Longview, Texas 75605
Telephone: +1 877-554-6776
The full text of the Digital Millennium Copyright Act can be found at
16. Refund and Cancelation Policy. If a product purchased by the Customer proves to be defective or not to the Customer's reasonable satisfaction,please return the product within 21 days of receipt, to the following address: 1249 LL Mackey Pkwy, Longview, TX 75605. In such an event, we will provide the Customer a credit for other purchases on the Site and/or the Application (less shipping and handling charges incurred). If a service, such as the Application purchased or subscribed to by the Customer proves not to be within the Customer's reasonable satisfaction, the Customer can request a refund within 30 days of the original sign-up date, by calling 1-877-554-6776. In such an event, we will provide the Customer a full refund of the entire first month's subscription fees pertaining to the Application, not including any setup fees, support fees, data backup and/or data recovery fees and any other non-subscription based fees. If the Customer wishes to cancel any existing subscriptions, such as a monthly subscription to the iClassPro Application, the Customer must 1-877-554-6776 to terminate the account via phone. iClassPro WILL NOT ACCEPT any other form of cancelation, including but not limited to Fax, Email, Postal Mail or Support Ticket. This is done so that way we may verify ownership of the account prior to termination and deletion of data. iClassPro does not allow for any type of refund for subscription charges after the initial 30 days after signup, there are no exceptions. This Section 16 sets forth the Customer's sole and exclusive right to refund and return. iClassPro reserves the right to refuse service to anyone at any time, with or without cause.
17. Information and Press Releases. The Site and/or Application contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
18. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Longview, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Any cause of action by the Customer with respect to the Site and/or Application (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 7 and Section 9. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Longview, Texas. The Customer expressly submit to the exclusive jurisdiction of said courts and consents to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site and/or Application is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.