Included on this page;
Privacy Policy
Website Usage Agreement (Terms of Use)
Website Subscriber Agreement




PRIVACY POLICY
Last modified: November 30, 2012 

Our Privacy Policy explains:

  • What information we collect and why we collect it.
  • How we use that information.
  • The choices we offer, including how to access and update information.

We've tried to keep it as simple as possible, but if you're not familiar with terms like cookies, IP addresses and browsers, then read about these key terms first.

Information We Collect

We collect information in two ways:

  • Information you give us when creating a website, or when joining an existing website. When you do either of these, we'll ask for personal information, like your name, email address, telephone number and date of birth. We'll then create a Member Profile, which may include your name and photo. The part of your profile containing your email address, physical address, and phone numbers is not visible to anyone except the administrators of the website. The rest of the profile information you supply including birth date is only visible to other persons who are logged into the same website. The only exception to this is City of Residence, which may be seen by a non-logged in viewer in the Where We Live feature. You can override the sharing limitations, but the default settings are the most protective of your privacy.
  • Information we get from your use of our services (server logs). We may collect information about the services that you use and how you use them, like when you visit the website, and details of your activity on each page. This information includes:
    • your hardware model, operating system version, and web browser version.
    • the Internet protocol address from which you are connecting to the internet.
    • event information such as browser type, browser language, the date and time of your request and referral URL.
    • cookies that may uniquely identify your browser and/or collect and store information necessary to provide the services you are using.

How we use information we collect

We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect us and our users.

Information we share

We do not share personal information with companies, organizations and individuals unless one of the following circumstances apply:

  • With your consent

We may share personal profile information via publicly accessible pages of your website when we have your consent to do so. We require opt-in consent for the sharing of any personal profile information.

  • For external processing

We may provide personal information to trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. For instance, information provided through our Reunion Planner may be used to facilitate ACH direct deposit transactions on your behalf. We do not provide personal information to others without your agreement to do so.

  • For legal reasons

We may share personal information with companies, organizations or individuals if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

  • meet any applicable law, regulation, legal process or enforceable governmental request.
  • enforce applicable Terms of Service, including investigation of potential violations.
  • detect, prevent, or otherwise address fraud, security or technical issues.
  • protect against harm to the rights, property or safety of us, our users or the public as required or permitted by law.

We may share aggregated, non-personally identifiable information publicly. For example, we may share information publicly to show trends about the general use of our services.

If we are involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

Information security

We work hard to protect our systems and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

  • We encrypt credit card payment services using SSL.
  • We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
  • We restrict access to personal information to persons who need to know that information in order to process it for us in order to provide you the service we offer.
  • You can elect to block the public and search engines from accessing information you add to your personal Profile page. All logged in fellow site members can see all information you add to your personal Profile page. In rare cases a site member may join under false pretenses and claim to be somebody they are not (i.e. an imposter). Class Creator provides Class Administrators tools to combat this such as a New Member Verification feature. Class Creator does not require the use of the Verification feature nor can we assure proper use of the Verification feature when it is enabled. Therefore in rare cases a member can pose as somebody they are not. If you use this site you acknowledge the possibility of somebody joining the site under an assumed or false identity. Because of this infrequent but real possibility you should not post personal information or photos on your Profile page you do not want non members to see even if you have blocked search engines and the public from accessing your Profile information.

Enforcement

We regularly review our compliance with our Privacy Policy. If we receive formal written complaints we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

Changes

Our Privacy Policy may change periodically. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

Questions Regarding Privacy

If you have questions or concerns about this Privacy Policy, our privacy practices, or your dealings with us, please contact us in writing at:

JimAkhtar.com 
7577 U.S. Highway 12
Suite B,
Onsted, Michigan 49265



WEBSITE USAGE AGREEMENT
TERMS OF USE

This legal document is the Terms of Use (Agreement) for our website, www.classcreator.com (Website). This web page is also a legal document and is the Agreement for any web sites built using the Class Creator system and may be accessible at a custom domain name (URL). By using our Website, or any sites built with the Class Creator system, you agree to fully comply with and be bound by the following Agreement each time you use our Website. All references made below to “our web site” or “Class Creator LLC” includes web sites built using the Class Creator system. Please review the following terms carefully.

Our Services

Our Website allows you to build a class web site to reconnect your high school class, plan reunions, events, and much more. Web sites built with the Class Creator system allow members to join and participate in a social networking classmate environment.

Definitions

The terms “us” or “we” or “our” refers to Class Creator LLC, the owner of this Website. A “Visitor” is someone that merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

Acceptance of Agreement

This Agreement is between you and Class Creator LLC. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER. Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Class Creator LLC, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.

Limited License

Class Creator LLC grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, or commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Class Creator LLC.

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Class Creator LLC. Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance

Class Creator will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2) A description of the copyrighted work that you claim has been infringed;

3) A description of where the material that you claim is infringing is located on our Website; \

4) Your address, telephone number, and email address;

5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Eligibility and Registration for Membership

To use our Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least age (18) years of age or older. Any registration by, use of or access to our Website by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By using our Website and/or Service, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Class Creator LLC has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation. When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security. You agree that Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Content Disclaimer

The opinions expressed on our Website are not necessarily the opinions of Class Creator LLC. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. Our Members are also responsible for their Member’s content. I.E. you are responsible for all content entered on your web class web site whether entered by yourself or entered by any of your members. We reserve the right to make alterations or deletions to the Content at any time without notice. You do not have the right to post copyrighted material on your web site. If you or your members do and you get caught breaking copyright laws, you are solely responsible for paying any fines or penalties.

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of our Website or Services at any time. If we change the features of our web site and system the features of your web site and the features available to your members may also change. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services or web sites you run for your members.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Class Creator LLC or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.

Advertisers and Sponsors Disclaimer

Our Website and web sites you make on the Class Creator system may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website or yours is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY Class Creator LLC AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand 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 you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR 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. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES ARE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Warranty Disclaimer

Class Creator LLC is not responsible or liable in any manner for any Content posted on our Website or web sites you run using our system or in connection with our Services, whether posted or caused by Members of our Website, or by Class Creator LLC. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website or Services. Class Creator LLC is not responsible for the conduct, whether online or offline, of any user of our Website or Services. Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Class Creator LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. Class Creator LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Services, including without limitation any software provide through our Website or Services. Under no circumstances will Class Creator LLC be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or web sites you build using our services for your members, or any interactions between Users of our Website or Services, whether online or offline. Class Creator LLC reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, 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). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Class Creator LLC, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. Class Creator LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Class Creator LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, 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 AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Class Creator LLC. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

Class Creator LLC, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website our Content, (e) the content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control. IN NO EVENT WILL Class Creator LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF Class Creator LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Class Creator LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Member Conduct

Members may post their own content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. Class Creator LLC is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Class Creator LLC will submit all necessary information to the proper authorities. If any Member Content is reported to Class Creator LLC as being offensive or appropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Class Creator LLC. Should the Member fail to meet such a request, Class Creator LLC has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member. Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws. You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights. As a Member, you agree not to use our Services to do any of the following:

1) upload, post or otherwise transmit any Member Content that:

a. Violates any local, state, federal, or international laws.

b. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.

c. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.

d. Links directly or indirectly to any materials to which you do not have a right to link.

e. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

f. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.

g. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

h. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).

i. In the sole judgment of Class Creator LLC, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Class Creator LLC, our affiliates, or our Users to any harm or liability of any type.

2) use our Content to:

a. Develop a competing website.

b. Create compilations or derivative works as defined under United States copyright laws.

c. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

3) Decompile, disassemble or reverse engineer our Website, Services, and any related software.

4) Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

Our Privacy Policy is considered part of this Agreement. You must review this Privacy Policy by accessing this page: http://www.classcreator.com/privacy-policy.cfm.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites

Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. Class Creator LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ypsilanti, Michigan and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Ypsilanti, Michigan necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

General Terms

This Agreement shall be treated as though it were executed and performed in Ypsilanti, Michigan and shall be governed by and construed in accordance with the laws of the State of Michigan without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. 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 any Content 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. Our rights under this Agreement shall survive any termination of this Agreement.

The following items apply to Class Creator Class Web Site Administrators and are not applicable to regular classmate members:

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Reunion Funds

You can use the Class Creator system to collect money for your reunion in a variety of ways, including accepting major credit cards. You agree to be a responsible Custodian of all reunion monies collected and to use those funds solely for items and activities pertaining to your reunion. Should you need to cancel your reunion after collecting funds, you are solely responsible for refunding members who have paid you, either using the built-in refund mechanism provided in the system, or by another refund method of your choice. Using reunion funds collected through your web site for any purpose other than your reunion is strictly prohibited. Be smart and keep all reunion funds collected in a separate bank account or account maintained by your reunion committee and DO NOT co-mingle them with your personal funds. YOU ARE SOLELY RESPONSBILE FOR ALL FUNDS COLLECTED THROUGH YOUR CLASS CREATOR WEB SITE, AND AGREE TO NOT HOLD CLASS CREATOR RESPONSIBLE FOR ANY LOSS, THEFT, MISUSE, OR ABUSE OF FUNDS COLLECTED.

Site Expiration

If you have a paid subscription and your subscription duration ends, your site will continue to remain fully operational and will take on advertising from Google and/or Media.net after a 7 day grace period. You may continue to use all classmate functions as normal. Your web site will continue to remain live and functional on the Class Creator system indefinitely unless you specifically contact us to inform us that you wish to have your site deleted. If you wish to remove the ads simply resubscribe.

Domain expiration

If you let your domain name expire your site will continue to be functional at the full Class Creator URL (e.g. www.classcreator.com/yoursite). If you do not know your full Class Creator URL contact Customer Service to obtain it. If you let both your web site expire and your domain name expire yet you wish to allow your classmates to continue using the site, use the Email the Class function (prior to site expiration) and inform your classmates that the site address is changing to the full Class Creator URL and will no longer be accessible at your former domain name. While it is possible to run your site without a domain name, Class Creator recommends you keep your domain name active even if you choose to let your site temporarily have an expired status. Sites without domain names can lose advantageous search engine positions, as well as make it more difficult for your classmates to access your site. Your domain name can also be purchased by another person and you may lose it forever.

SUBSCRIBER AGREEMENT


The Web site located at http://www.classcreator.com ("Site") is provided by Class Creator. Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "Class Creator," "we," "us'" or "our" refers to Class Creator, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site.

1. Access and Passwords

As part of the subscription process for this Site, you have selected a particular username and password in accordance with Class Creator's username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password.

2. Subscription Fees and Payments

You can always find the current Subscription Fees posted on our site by clicking the "Subscription" link. You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable after an initial 90 day trial period. Class Creator may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your Class Creator username and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to Class Creator. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, please call us at: 734-585-5605. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service. YOU, AND NOT Class Creator, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.

3. Privacy

Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now by accessing http://www.classcreator.com/privacy-policy.cfm

4. User Conduct

The Class Creator web site contains Help Forums and other message or communication facilities ("Communication Services") designed to enable you to communicate with the Class Creator support staff and other Class Creator Site Administrators. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through Class Creator any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Class Creator nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that Class Creator does not pre-screen all content, but that Class Creator and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, Class Creator and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. Participation in the Help Forums is a privilege not a subscriber right. Class Creator retains the right to permanently moderate any forum posts should we deem it necessary for any reason. Moderated posts may never be seen by other users. You specifically agree that Class Creator is not responsible for any content sent using and/or included in the Site by any third party.

5. Copyright and Restrictions

This Web site contains proprietary material of Class Creator (or material that other suppliers have licensed to Class Creator for their use) which is protected by copyright and other laws respecting proprietary rights. Class Creator retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use Class Creator except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited. End users who are duly authorized may access Class Creator for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only. The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from Class Creator. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law. You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause Class Creator and/or Class Creator's suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by Class Creator, and/or any of Class Creator's suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement. You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of Class Creator; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law. You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by Class Creator. If you breach any provision of this Agreement, Class Creator may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies

6. Advertising

Premium or Platinum customers are permitted to place third party advertising on their sites. Class Creator may require the removal of third party ads for any reason. Free (ads) customers are not permitted to place advertising on any page of the web site. Placing of ads on free sites will incur a warning, and if not removed Class Creator may terminate your Free (ads) web site without additional warnings.

7. Limitations on Use

The following activities are prohibited. You agree not to:

a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Class Creator web site or other class web sites within our network of sites. Class Creator can detect the use of these systems through live logfile analysis and will ban any future use by offenders.

b. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;

c. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;

d. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;

e. Access the Site by any means other than through the interface that is provided by Class Creator, or attempt or access any area of the Site to which your access is not authorized; or

f. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

8. Accuracy and Availability of Information

The Site contains database information and other content compiled by Class Creator. While we use commercially reasonable efforts to provide accurate information, Class Creator gives no warranty as to the accuracy of the database and other content on the Site. Class Creator reserves the right to withdraw or delete information or content from the Site at any time.

9. Links to Third Party Sites

Class Creator does not endorse the content on any site created using our system. Class Creator is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, News Feeds placed in your site, Third Party Plugins (widgets) added to your site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that Class Creator is not your agent and is not a party to any transaction at a Third-Party Site. Class Creator shall also not be responsible for supporting third party plugins or source code obtained from other websites.

10. Representations and Warranties

You represent and warrant to Class Creator that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

11. Disclaimer of Warranties

ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY Class Creator AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND Class Creator AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Class Creator DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

12. Technical Waiver

You will not hold Class Creator responsible for ANY technical problems, such as a system downage, non or slow delivery of email, or any other technical issue that affects your web site, business, reputation, or profitability, even if the problem was a direct result of our error.

13. Limitation of Damages

IN NO EVENT WILL Class Creator OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF Class Creator HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Limitation of Liability; Exclusive Remedy

ALSO, IN NO EVENT WILL Class Creator OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY Class Creator FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.

15. Indemnity

You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of Class Creator.

16. Consent to Electronic Notices and Other Communications

You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement.

17. Copyright Laws

You are responsible for anything you or your members upload to your web site. That includes content, pictures, audio, video, cartoons, clipart, and anything else you or your members upload that was not provided by our system. You do not have the right to post copyrighted material on your web site. If you or your members do and you get caught breaking copyright laws, you are solely responsible for paying any fines or penalties. A word to the wise, unless you look good in stripes, we highly recommend you and your members respect all copyright laws and only post copyrighted material to your web site if you have expressly obtained permission from the copyright holder.

18. Email Ethics

Some of the Class Creator subscription plans allow you to send out class-wide email from your own email address (usually one that you've set up to match your web site domain name). You are responsible for any email you send. Should you send inappropriate content and should your email address get banned, graylisted or blacklisted by any email lists, services and/or email providers, you are solely responsible for attempting to get your email address removed from these lists. Class Creator will not take any responsibility or expend time to correct email banning issues even if you believe your email address has been banned in error by these lists.

19. Print a Copy for Your Records

You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.

20. Termination

Class Creator may terminate your subscription and/or access, or suspend access to all or part your site, without notice, for:

1) Any conduct that Class Creator, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or Class Creator. Class Creator may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.

2) You must have an affiliation with the school or alumni association for which you are the Root Administrator. If you don't, and somebody involved with the school or alumni association desires to have Root Admin access to the class, Class Creator may choose to remove you. If you are removed as Root Administrator, Class Connection will return to you a pro-rated refund for any monies paid for the Premium Subscription Plan (if applicable). Class Connection may elect to remove your administrator rights for any reason, at any time.

3) Free (ads) Class Administrators: You must log into the Class Connection application at least one time every 90 days to maintain your Root Adminship. If you do not log in for a period greater than 90 days, a message will automatically post above the right modules seeking a new Class Administrator for the class.

21. Assignment

You agree not to assign your rights under this Agreement without the consent of an authorized representative of Class Creator in a non-electronic record, and any assignment without Class Creator's consent will be voidable at Class Creator's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.

22. Applicable Law and Disputes

This Agreement is governed by the laws of the State of Michigan, without regard to principles of conflict of laws. To the extent you have in any manner violated or threatened to violate Class Creator and/or its affiliates' intellectual property rights, Class Creator and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Washtenaw County, Michigan. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in the State of Michigan, County of Washtenaw, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

23. Amendments

Class Creator may change the provisions of this Agreement. When Class Creator changes the terms of this Agreement, Class Creator will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the "I Agree" button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.

24. Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Class Creator except in a signed, non-electronic writing signed by an authorized representative of Class Creator.

25. General

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Class Creator or its affiliates as a result of this Agreement or your use of the Site.