The following terms and conditions ("Terms of Use") govern the use of Autumnate, Inc.'s websites, including those located at app.classforward.com and www.classforward.com, as well as any future websites, mobile applications, and/or other online services. The Terms of Use incorporate by reference all other policies and agreements posted on this website, including but not limited to Autumnate's Privacy Policy.
The following terminology applies to the Terms of Use, Privacy Policy, and any or all Agreements: "Client", "You", and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "ClassForward", "Autumnate", "Autumnate Inc.", "We", "Our", and "Us", refers to Autumnate, Inc., as well as any of our successors, subsidiaries, or assigns . "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. The "Service" refers to Autumnate's products, content, services, and/or website functionality.
By accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. You affirm that you are 18 years of age or more, and are fully able and competent to accept the terms, conditions, obligations, and representations set forth herein.
Autumnate may, from time to time, update, alter, add, or remove portions of the Terms of Use, and reserves the right to do so without notice. Continued use of the Service will be construed as agreement to the revised Terms of Use.
In order to access some features of the website, products, or services, you will have to create or have assigned to you a ClassForward account. You agree that any information you provide to Autumnate during the account creation process will be accurate and complete information.
You agree not to use any account without permission, including another user's account. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that enforce limitations on use of or access to the Service or any content therein. You agree to accept sole responsibility for the activity that occurs on your account and to notify Autumnate immediately of any breach of security or unauthorized use of your account.
Autumnate reserves the right to terminate your Account if we determine, in our sole discretion, that you have violated the Terms of Use.
Autumnate hereby grants you a non-exclusive, non-transferable, limited license to use the Service, subject to the Terms of Use. You acknowledge and agree that this license does not grant you an ownership interest in the Service.
You acknowledge that the Service contains content that is protected by copyright and other intellectual property laws. Specifically, you agree that you will not:
You may, however, download and/or print content from the Service for your own personal use, subject to restrictions set forth in the Terms of Use.
Certain parts of the Service allow Users to add, create, upload, submit, distribute, collect, or post content, videos, audio clips, written comments, data, text, photographs, drawings, software, scripts, graphics, interactive features, or other information (collectively, "User Submissions"). The following provisions govern all User Submissions made through the Service.
Autumnate agrees that you own all User Submissions that you post through the Service. You may control how your Submissions are shared with other Users on the Service through your privacy settings. Autumnate will never sell or share your User Submissions except as necessary to provide the Service.
By posting User Submissions, you grant Autumnate a non-exclusive, worldwide, transferable, perpetual, royalty-free license to edit, modify, reproduce, store, copy, distribute, display, and perform such User Submissions. Autumnate reserves the right under this license to prepare derivative works from your User Submissions, including transcripts, and to use or review User Submissions as part of improving the Service. If you grant other Users permission to view and interact with your User Submissions, you grant them a non-exclusive, royalty-free license to access your User Submissions as permitted through the functionality of the Service and under the Terms of Use.
You represent and warrant that you:
Autumnate Inc. does not screen, edit, or review User Submissions prior to their appearance on the website. Nothing in any User Submissions will be construed to reflect the views or opinions of Autumnate Inc., its agents, or affiliates. Autumnate Inc. reserves the right to monitor all User Submissions and to remove any User Submissions that, in its sole discretion, are inappropriate, offensive, or in breach of the Terms of Use.
Autumnate acknowledges that User Submissions may contain information that constitutes education records under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. ยง 1232g; 34 CFR Part 99). You acknowledge and agree that Autumnate is not a "School Official" under FERPA, as defined in 34 CFR 99.31. While we aspire to be fully compliant with security and privacy practices under FERPA, you agree and acknowledge that you are responsible for ensuring your User Submissions are compliant with all laws, including FERPA.
You represent and warrant that the use of your User Submissions by Autumnate, or by any Users as contemplated by the Terms of Use will not infringe or violate the rights of any person, including without limitation any rights under FERPA, privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. Specifically, you represent and warrant that:
We recommend that all schools and teachers provide appropriate disclosures to students and parents regarding their use of service providers such as ClassForward and that they provide a copy of our Terms of Use and Privacy Policy to parents and guardians. You agree and understand that we are not responsible for providing such disclosures to anyone who is not a User of our Services, including students or their parents.
The above licenses granted by you in User Submissions will terminate within a commercially reasonable time after you delete your User Submission from the Service, with the exception of Autumnate's license to use derivative works based on your User Submissions. Autumnate may retain server copies of deleted User Submissions for data integrity purposes, but we will not display, distribute, or perform User Submissions that have been deleted. Autumnate is not responsible for the actions of other Users regarding your User Submissions.
If you are a copyright owner or an agent thereof and believe that any User Submission infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing:
You may direct copyright infringement notifications to Autumnate at 114 Western Ave., Boston, MA 02134, email: [email protected]. You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.
Autumnate will investigate any claims of infringement. We may disable the content in question or remove it from the Service during the investigation. If we find that copyright infringement has occurred, we reserve the right to permanently disable or remove the content from the site. If we find that copyright infringement has not occurred, we reserve the right to enable or restore the content.
If you believe that a User Submission which you own, or which that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law to post, was incorrectly removed, you may send a counter-notice containing the following information to Autumnate:
If a counter-notice is received by Autumnate, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Autumnate's sole discretion.
The Service and/or User Submissions may contain hyperlinks to websites or services not controlled by Autumnate and not subject to the Terms of Use. You understand that there are risks to accessing such websites and services. You agree that Autumnate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such website or service.
If you find any link on our website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, QUALITY, PRODUCTIVENESS OR CAPACITY, OR THAT THE OPERATION OF THE SERVICE WILL BE ERROR FREE.
AUTUMNATE MAKES NO WARRANTY OR REPRESENTATION THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR (C) ANY ERRORS IN THE PRODUCTS WILL BE CORRECTED.
ALL OTHER WARRANTIES RELATING TO THE SERVICES OR THE TERMS OF USE ARE HEREBY EXPRESSLY DISCLAIMED BY AUTUMNATE.
YOU UNDERSTAND AND AGREE THAT AUTUMNATE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, BUSINESS, ANTICIPATED BENEFITS, OR DATA DUE TO INTERRUPTIONS IN THE SERVICE.
Nothing in this provision or elsewhere in the Terms of Use will be construed to:
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
You agree to indemnify and hold harmless Autumnate and its employees from all liabilities, claims, and expenses by third parties, including reasonable attorneys' fees, arising from (i) your use of the Service in violation of the Terms of Use or (ii) your User Submissions.
Entire Agreement: Except where the Parties have entered into a specific written agreement regarding the Service, these Terms of Use and the agreements incorporated therein constitute the entire legal agreement between the Parties and supersede any prior negotiations. Parties reserve all rights not expressly granted under the Terms of Use, and no other rights are granted under the Terms of Use by implication or estoppel or otherwise.
Severability: If any court of law hold any provision of the Terms of Use to be invalid, waived, or unenforceable, that provision will be removed from the Terms of Use. The remaining provisions will continue to be valid and enforceable.
Assignment: You agree not to assign, delegate, or transfer your rights or obligations under these Terms of Service, including your account, without Autumnate's prior written consent. Autumnate may transfer, assign, or delegate our rights and obligations under these Terms of Service without consent, however, we agree not to do so without commercially reasonable notice.
Choice of Law and Forum: Parties agree that the Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions. Parties agree to submit to the personal and exclusive jurisdiction of the courts located of Suffolk County, Massachusetts.