Terms of Service
IMPORTANT—IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON'T HAVE PERMISSION TO USE CLASSPAGER. ALWAYS GET AN ADULT'S PERMISSION BEFORE GOING ONLINE.
IF YOU ARE UNDER THE AGE OF 13, YOU DO NOT HAVE PERMISSION TO USE CLASSPAGER. YOU MUST NOT USE CLASSPAGER UNDER ANY CIRCUMSTANCES.
Will these terms ever change?
We may update this Agreement from time to time. We may modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services, or notifying you by email, or requiring you to reaffirm your agreement to the updated Agreement, or by some other means. If you don't agree with the new terms, you may reject them, but unfortunately you will no longer be able to use the Services. Your use of the Services in any way following notification constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time.
You represent and warrant to ClassPager that:
- you are at least 18 years old (or, if you are not at least 18 years old, then: you are at least 13 years old, you have your legal guardian’s permission to use the Services, and your legal guardian has read and agrees to this Agreement on your behalf);
- you are not residing in the European Union (EU);
- you will not access or otherwise use the Services while residing in the EU at any time;
- you are not a citizen of the European Union;
- you will not access or otherwise use the Services if you are or ever become a citizen of the EU;
- all registration information you submit is accurate and truthful;
- you will maintain the accuracy of such information;
- if you're agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on the organization or entity's behalf and bind them to this Agreement (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection, use of, and access to the Services, including ensuring that you have permission to communicate with anyone you choose to interact with through the Services.
This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Use by children
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers notify parents of children in the United States and obtain their consent before they knowingly collect personally identifiable information online from children who are under 13.
ClassPager is not intended for use by anyone under the age of 13. You must not invite anyone under the age of 13 to use ClassPager. We do not knowingly collect or solicit personally identifiable information from a child under 13.
If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must ensure that none of your students under the age of 13 access the Services. If you are a teacher, you represent and warrant that you are authorized by your school or district to use the Services. You also represent and warrant that you are entering into these Terms on behalf of your school or district. For more information on COPPA, please click here.
If you are a school, district, or teacher providing consent on behalf of parents or guardians, you may be required to provide adequate school credentials and a valid school email address to verify your identity.
If we learn we have collected personal information from anyone under 13, or if we learn that someone under 13 has provided us personal information, we will delete that information as quickly as possible. If you believe that someone under 13 may have provided us personal information in violation of these Terms, please contact us at firstname.lastname@example.org.
Fees and payment; Responsibility for usage charges
ClassPager reserves the right to charge fees for certain features. We will notify you when we intend to charge for a service or feature. You will always have the choice whether to use those features. If you continue to use any service or feature after you have been notified of any applicable fees, that use constitutes your acceptance of any new or increased fees.
Note that, by using the Services, you may receive email or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
This Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are and whether you use the service for free or pay for use of ClassPager.
If you are someone who is invited to be or added as a member of a “classroom” or “group” by a Group Leader, you are a Group Member. If you are someone who creates a “classroom” or “group” of members, then you are a Group Leader. If you are agreeing to this Agreement on behalf of an organization (such as a school, school district, club, company, or team), you are an Organization. You may not sign up for or use the Services as someone you are not; ClassPager may disable or terminate your account if you do so.
If you are a Group Member (such as a student, parent, or other individual invited to join a “classroom” or “group” by a Group Leader):
- You will only join schools, classrooms, and/or groups to which you have been invited, or to which you belong.
- In certain cases, you may be invited to join a classroom or group by another Group Member who is already a member of that classroom or group.
- The Group Leader and other Group Members of your classroom or group may be able to view information (including your personally identifiable information but not personal contact information), as well as your User Submissions (defined below).
- Group Leaders may be able to add, remove, and/or move you from any classrooms or groups that they have created.
If you are accessing the Services as a Group Leader (such as a teacher, administrator, parent, or some other adult creating a classroom or group) and inviting users to join as Group Members:
- The Services may allow you to invite users to join and/or to add users to your classrooms(s) and/or group(s).
- You can invite Group Members and other Group Leaders to your class or group by distributing "classroom codes" or "group codes", and you can then communicate with those users. (In some cases, there may be more than one Group Leader per classroom/group).
- You must not invite anyone under the age of 13 to use ClassPager.
- You must ensure that everyone you invite to ClassPager has given you their clear consent to receive messages from you and ClassPager. If someone you invite is under the age of 18, you must additionally ensure that their legal guardian has read, understood, and agrees to these Terms. ClassPager reserves the right to demand proof of this written consent at any time for any user you invite, and ClassPager reserves the right to immediately revoke access for any Group Members who fail to comply as well as for any Group Leaders who fail to gather clear consent for any of the users they invite.
- You may only share classroom or group codes with Group Members and Group Leaders whom you wish to subscribe to your classroom/group. If you plan to broadly or publicly publish these codes, you must manage the accuracy of your subscriber lists carefully.
- It's your responsibility to maintain and monitor the accuracy of the list of Group Members for each of your classrooms or groups.
If you are an Organization (such as a school, school district or club):
- You are responsible for maintaining the accuracy of the information relating to your Organization. If at any time you learn that a user of the Services claims to be affiliated with your organization but is not, in fact, affiliated with your Organization, or of any other inaccuracy relating to your Organization’s information, you will remove that user from your Organization and, if appropriate, notify ClassPager immediately by emailing email@example.com.
With respect to all users of ClassPager, whether you are a Group Member, Group Leader, or Organization:
- You must get your parent or guardian to read and agree to this Agreement before using the Services if you are younger than 18.
- You must be at least 13 years old to use ClassPager. If you are under the age of 13, you must not use ClassPager.
- IF YOU CHOOSE TO DO ANYTHING ON CLASSPAGER, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS AND HAVE OBTAINED ALL CONSENTS AND AUTHORIZATIONS NECESSARY TO PERFORM SUCH TASKS AND THAT YOU WILL ONLY USE PERSONAL INFORMATION IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS. ClassPager may use the information you upload to the Services in order to verify Group Leaders' and Group Members' affiliations and otherwise to help us provide you with the Services.
- IF YOU INVITE OR ADD ANYONE TO USE CLASSPAGER AND/OR USE ANY FEATURE OF
THE SERVICES WHICH REQUIRES SHARING PERSONAL INFORMATION OF ANYONE
(INCLUDING, WITHOUT LIMITATION, IF YOU IMPORT CONTACTS FROM YOUR ADDRESS
BOOK TO THE SERVICES), YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED
FREELY GIVEN, INFORMED CONSENT FROM EACH PERSON TO:
- RECEIVE SUCH INVITATION AND BE ADDED TO THE SERVICES;
- RECEIVE MESSAGES FROM CLASSPAGER, OTHER GROUP MEMBERS OF THE CLASSROOM OR GROUP, AND OTHERS WHO HAVE ACCESS TO YOUR CLASSROOM OR GROUP (SUCH AS GROUP LEADERS AND OTHER GROUP MEMBERS); AND
- PROVIDE THAT PERSON'S PERSONAL INFORMATION TO CLASSPAGER.
Registration and security
As a condition to using Services, you may be required to register with ClassPager by selecting a password and providing your name and a valid email address. You will provide ClassPager with accurate, complete, and updated registration information. You may not:
- select or use the name or email of another person with the intent to impersonate that person; or
- use a name subject to any rights of any person other than you without appropriate authorization.
ClassPager reserves the right to refuse registration of or to cancel a ClassPager account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of ClassPager. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. ClassPager reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Consent to receive periodic messages
As part of the Services, you will receive communications through the Services, including messages that ClassPager sends you (for example, via SMS, emails, and push notifications). When a Group Leader adds a new Group Member to a class or group, that Group Member will receive a welcome message and instructions on how to stop receiving messages. They may also receive other information from ClassPager from time to time, such as information on how to download the ClassPager mobile application. ClassPager may inform Group Members who have not replied that they will automatically be removed from the classroom or group. ClassPager may also send other administrative messages. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM CLASSPAGER AS WELL AS GROUP LEADERS AND GROUP MEMBERS, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND CLASSPAGER. If you connect to or use any third party services in conjunction with ClassPager, you acknowledge and consent to receive notifications and messages from those third party services. You agree to indemnify and hold ClassPager harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. To permanently cease receiving SMS text messages, please text @STOPALL in reply to any SMS message from that class/group or to any ClassPager long-code (a phone number issued by ClassPager).
If you are located in Canada, you may opt out of receiving marketing messages (including text messages and emails); however, you may still receive text message and email communications that are necessary for the Services or otherwise exempt from anti-spam laws.
Consent to receive emergency messages
As part of the Services you may receive communications through the Services in the event of an emergency, through SMS (text messages), emails, push notifications, or phone call. An emergency meriting a message shall be determined solely by your teacher, group leader, organization, school, district, or any official designated by a school or district or organization, or a government agency. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE EMERGENCY COMMUNICATIONS FROM CLASSPAGER WHENEVER IT IS DETERMINED THAT CIRCUMSTANCES MERIT THOSE COMMUNICATIONS. IF YOU ARE A TEACHER, GROUP LEADER, SCHOOL OR DISTRICT OFFICIAL YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND CLASSPAGER. If you connect to or use any third party services in conjunction with ClassPager, you acknowledge and consent to receive notifications and messages from those third party services. Because ClassPager does not control whether to send or not send an emergency notification, ClassPager is never responsible for your receipt of, or failure to receive, an emergency message. Often when an emergency is suspected the individuals empowered to determine whether to send an emergency message through ClassPager may have incorrect or only partial information. ClassPager is not responsible for messages sent erroneously or for the content of any message sent as an emergency message, even when the content of that message contains information that is incomplete, confusing, or erroneous. YOU ALONE CAN DETERMINE WHAT, IF ANY, ACTIONS TO TAKE IN THE EVENT OF AN EMERGENCY OR IN RESPONSE TO AN EMERGENCY MESSAGE YOU RECEIVE THROUGH CLASSPAGER. YOU AGREE TO INDEMNIFY AND HOLD CLASSPAGER HARMLESS FOR AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR IN ANY WAY RELATED TO YOUR RECEIPT OF EMERGENCY MESSAGES OR YOUR FAILURE TO RECEIVE AN EMERGENCY MESSAGE.
While we strongly encourage you not to, you may opt out of receiving emergency messages as SMS text messages. To permanently cease receiving SMS text messages, please text @STOPALL in reply to any SMS message from that class or group, or to any ClassPager long-code (a phone number issued by ClassPager).
You agree that you may only use the Services in accordance with these guidelines:
- Communications should be constructive and appropriate. Send only messages that are useful and relevant.
- Your own account info should be up-to-date and accurate at all times. If you are a Group Leader, your list of Group Members should be up-to-date and accurate at all times, and it should only contain people who have given you their clear consent to message them via ClassPager.
- You should only use ClassPager with people you know.
- Do not pretend to be someone else. Whenever possible, use your real name.
- Do not use profanity.
- Do not send too many messages or engage in any other behavior that resembles “spamming.”
- Do not send nudity or sexually suggestive content or offensive content of any kind.
- Do not engage in harassment, bullying, or gossip.
- Do not threaten harm to yourself or to others.
ClassPager holds the sole right to determine whether your usage is in line with these guidelines. If we find that you are not complying with these guidelines, we reserve the right to delete your account, ban you from the Services, and/or report you to the appropriate law enforcement agencies.
All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the "Content")) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial (meaning, you may not leverage the Services as a separate business) use and only in accordance with the terms of this Agreement and all laws that apply to you. ClassPager is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, and/or in any way that violates anyone else's (including ClassPager’s) rights.
You will not link to the Services without ClassPager’s prior written consent, except in accordance with the terms of this Agreement.
Under no circumstances will ClassPager be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with your use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
Your restrictions and responsibilities
You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage anyone else to use) the Services in a manner that:
- infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party;
- violates any law, statute, ordinance or regulation;
- is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as solely determined by ClassPager;
- jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
- "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content; or
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of ClassPager’s third-party service providers).
ClassPager reserves the right to terminate access of any third-party application or service to our published or unpublished APIs.
ClassPager reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, if we receive claims or allegations from individuals, companies or authorities relating to that Content or if ClassPager is concerned that you may have breached the foregoing restrictions), or for no reason at all. You, not ClassPager, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise provide using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to ClassPager and to grant ClassPager the rights to use such information as provided herein.
You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
Third party service providers
ClassPager has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, ClassPager will not and cannot monitor, verify, censor or edit the content of any Third Party Services. By using the Services, you expressly relieve and hold harmless ClassPager from any and all liability arising from your use of any Third Party Services.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. You agree that ClassPager will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between ClassPager users, or between ClassPager users and any third party, you understand and agree that ClassPager is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ClassPager, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Warranty and disclaimer
ClassPager has no special relationship with or fiduciary duty to you. You acknowledge that ClassPager has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release ClassPager from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. ClassPager makes no representations concerning any content contained in or accessed through the Services, and ClassPager will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. ClassPager makes no representations, warranties, or conditions regarding suggestions or recommendations of services or products (including Content provided by users) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) via the Services, including the Services themselves, are provided AS IS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM CLASSPAGER OR ANYONE ELSE. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify, defend and hold ClassPager, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL CLASSPAGER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY:
- FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO CLASSPAGER HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM;
- FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
- FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
- FOR ANY MATTER BEYOND CLASSPAGER’S REASONABLE CONTROL.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at firstname.lastname@example.org.
Note, if you become a Group Member through an Organization, and you request that ClassPager delete your account, ClassPager may notify the Organization (and the Group Leaders of the classes or groups you are in) of your deletion request.
ClassPager may disable or terminate your access to the Services or your account at any time, for any reason (for your violation of any term of this Agreement or without cause), and without warning or notice, which may result in the forfeiture of all information associated with your account. Upon termination of your account, your right to use the Services and any Content will immediately cease; however, ClassPager may retain messaging data or other data and information pursuant to this Agreement, as necessary for auditing purposes, and as required by law. Computer deletion is not an instantaneous process. If you choose to terminate your account, all data will be rendered unavailable to you immediately and your data will be deleted over time, as is true of all computer deletion everywhere. Remember that communications with others in which you participated will remain available to those other users. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Choice of law and arbitration
This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof, unless a state's laws explicitly require that any legal disputes are governed by the laws of that state. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in San Francisco, California or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. ClassPager will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ClassPager’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this 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. This Agreement is not assignable, transferable or sublicensable by you except with ClassPager’s prior written consent. ClassPager may transfer, assign, or delegate this Agreement and its rights and obligations without consent. Both parties agree that this 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 this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind ClassPager in any way whatsoever.
It is the express wish of the parties that this Agreement and all related documents be drawn up in English.
Last Updated: June 08, 2020