By using the Chalksite.com web site (the "Service"), a service of Clear Function, LLC ("Clear Function"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Clear Function reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.chalksite.com/terms
Violation of any of these agreements will result in the termination of your account. You agree to use the Service at your own risk and understand that Clear Function cannot and is not responsible for any information or data posted by users ("Content") posted on the Service and you nonetheless may be exposed to such materials.
Service:
This Service provides users with online access to school information such as assignments and student grades, as well as acting as a communications medium to facilitate interaction between teachers, students, and parents. The teacher determines the scope and nature of the information to make available to students and parents through the Service.
Account Terms:
You must be 13 years or older to use this Service.
If a child is under the age of 13, a parent or legal guardian MUST signup for a Chalksite account under the parent's name. Any personal information identified with the student (such as: email address, first and last name) that we collect is therefore collected from the Parent or Legal Guardian.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. Clear Function cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account.
One person may not maintain more than one free teacher account and one free student account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms:
A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your account. Clear Function does not accept any liability for such loss.
Cancellation and Termination:
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The account screen provides a simple, no questions asked two-click instant cancellation process.
All of your Content and personal information will be immediately deleted from the Service upon cancellation.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Clear Function, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. Clear Function reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices:
Clear Function reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Chalksite website (www.chalksite.com) or the Service itself.
Clear Function shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership:
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
Clear Function does not pre-screen Content, but Clear Function and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
General Conditions
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
Technical support is only provided to paying account holders and is only available via email.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Clear Function, or any other Clear Function service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Clear Function.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Clear Function customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Clear Function) of other Chalksite customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
Chalksite does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Clear Function shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (regardless of wether Clear Function has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) termination of your account; or (vi) any other matter relating to the Service.
The failure of Clear Function to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Clear Function and govern your use of the Service, superceding any prior agreements between you and Clear Function (including, but not limited to, any prior versions of the Terms of Service).
You agree to hold harmless and indemnify Clear Function, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Clear Function will provide you with written notice of such claim, suit or action.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Shelby County, TN, and you consent to the jurisdiction of such courts.
