Head of the Class reserves the right, at our discretion, to change these terms at
any time. Please check these terms periodically for changes. Using this Site following
the posting of changes to these terms indicates that you accept them as changed.
Welcome to Head of the Class (http://www.TheHeadoftheClass.com) (the “Site”). This
Site is owned and operated by Head of the Class, LLC. (“Head of the Class,” “we,”
or “us”). Please feel free to browse this Site, read and print information, and
participate in our community, subject to these terms and conditions.
Use of the Head of the Class Site and its Content
The contents of this Site, including the text, graphics, images, information, visitor
blog, and other materials contained on this Site (“Content”) are for general informational
purposes only. Such Content is provided on a blind-basis, without any knowledge
as to your identity, jurisdiction, medical condition or specific circumstances.
Content provided by Head of the Class does not constitute the rendering of medical,
health, legal or other professional advice or services. Always seek the advice of
your physician or other qualified health provider with questions you may have regarding
any medical conditions. The Content of this Site should not be relied upon or used
as a substitute for consultation with physicians, qualified health professionals,
lawyers or other professional advisors.
Reliance on any Content provided on this Site, whether by us, other authors or publishers,
or visitors to this Site is solely at your own risk. There may be delays, omissions,
or inaccuracies in Content contained in this Site.
We may alter, suspend, or discontinue this Site, or any content in it, at any time
for any reason, without notice or cost. The Site may become unavailable due to maintenance
or malfunction of computer equipment or other reasons. We may also elect, at any
time upon notice, to begin to impose fees or charges for access or use of this Site.
-
Head of the Class User Registration and Privacy
Our policy with respect to the collection and use of your personal information is
set forth in the Head of the Class Privacy Policy.
Head of the Class reserves the right to limit the availability of the Site to any
person, geographic area, or jurisdiction we so desire, at any time and in our sole
discretion.
-
Head of the Class Proprietary Rights
The Site and its Content are the property of Head of the Class and its licensors,
and are protected from unauthorized copying and dissemination by United States copyright
law, trademark law, international conventions and other intellectual property laws.
No part of this Site may be reproduced or transmitted in any form, by any means,
electronic or mechanical, including photocopying and recording, except that we authorize
you to view and print copies of Content that are available on this Site (such as
worksheets or e-books), subject to the following conditions:
- Such Content may be used solely for noncommercial, informational purposes.
- Such Content may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use this Site or any information
or documents displayed on this Site, through the use of framing or otherwise, except:
(a) as expressly permitted by these terms and conditions; or (b) with the prior
written permission of Head of the Class or such third party that may own the trademark
or copyright of material displayed on this Site. If you are interested in reprinting,
republishing or distributing content from Head of the Class, please contact us at
information@class-files.com.
-
Head of the Class User Conduct
You may not republish, upload, post, transmit or distribute Content from the Site
to online bulletin boards, message boards, newsgroups, chat rooms, or in other any
manner, without our prior written permission. Modification of the Content or use
of the content for any purpose other than your own personal, noncommercial use is
a violation of our copyright and other proprietary rights, and may subject you to
legal liability.
In addition, in connection with your use of the Site, you agree not to:
- Post, disseminate, or transmit any Content that is or which we consider, in our
sole discretion, unlawful, harassing, defamatory, abusive, threatening, vulgar,
obscene, pornographic, harmful, tortuous, libelous, racist, violent or otherwise
objectionable;
- Restrict or inhibit any other visitor from using the Site, including, without limitation,
by means of “hacking” or defacing any portion of the Site;
- Use the Site for any unlawful or illegal purpose or in violation of any of the rules
herein;
- Display material that exploits children under 18 years of age;
- Post or disclose any personally identifying information or private information about
children or any third parties without their consent (or their parent's consent in
case of a child under 13 years of age);
- Express or imply that any statements you make are endorsed by us, without our prior
written consent;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble
any portion of the Site;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic
device or process to download, retrieve, index, “data mine,” or in any way reproduce
or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about visitors to the Site without their express
consent.
- Post, disseminate, or transmit any Content that infringes or violates the copyright,
trademark, trade secret, patent, or other proprietary right of any other third party,
or use or distribute third-party information (whether or not protected as a trade
secret) in violation of a duty of confidentiality;
- Post, disseminate, or transmit any worms, viruses, or other harmful, disruptive,
or destructive files, code, or programs;
- Post, disseminate, or transmit any unauthorized advertising, promotional materials,
chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to
people or entities that have not agreed to be part of such mailings;
- Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation
with any person or entity; intentionally omit, delete, forge, or misrepresent transmission
information; or otherwise manipulate identifiers to disguise the origin of any Content
transmitted through the Site;
- Post, disseminate, or transmit any Content you do not have the right to post, disseminate,
or transmit;
- Promote, solicit or participate in multi-level marketing or pyramid schemes;
- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively
affects other users' ability to engage in real-time exchanges;
- Interfere with, disrupt, or harm in any way the Site or servers or networks connected
to the Site;
- Electronically stalk or otherwise harass another user;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others,
including but not limited to collecting and distributing information about other
users without their permission, except as permitted by applicable law;
-
Head of the Class User Content and Correspondence
You acknowledge that Head of the Class does not generally prescreen Content, but
that Head of the Class and its designees will have the right (but not the obligation)
in their sole discretion to edit, refuse, remove, or move any Content that is available
via the Site. Head of the Class reserves the right in its sole discretion to refuse
access to the site to any user for any reason, including without limitation, any
reason that violates the Agreement. Without limiting the foregoing, Head of the
Class and its designees will have the right to remove any Content that violates
the Agreement or that Head of the Class considers, in its sole discretion, objectionable,
whether for legal or for other reasons.
You acknowledge and agree that Head of the Class may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to (a) comply with legal process;
(b) enforce the Agreement; (c) respond to claims that any Content violates the rights
of third parties; or (d) protect the rights, property, or personal safety of Head
of the Class, its users, and the public. Details regarding our use of personally
identifiable information included in Content are set out in the Head of the Class
Privacy Policy.
By posting Content to the Site or by transmitting Content using the Site, you (a)
represent and warrant to Head of the Class that you have all necessary permission
to post or transmit Content.
Blogs contain the opinions and views of other users. Head of the Class is not responsible
for the accuracy of any messages on this Site. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content.
The Site may contain links to other Internet Sites or resources. We neither control
nor endorse such other Sites, nor have we reviewed or approved any content that
appears on such other Sites. You acknowledge and agree that we shall not be held
responsible for the legality, accuracy, or inappropriate nature of any content,
advertising, products, services, or information located on or through any other
websites, nor for any loss or damages caused or alleged to have been caused by the
use of or reliance on any such content.
-
Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, ARE
PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. SPECIFICALLY, BUT WITHOUT LIMITATION, HEAD OF THE CLASS DOES NOT WARRANT
THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE;
(ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii)
DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEAD OF THE CLASS,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY
OR COMPLETENESS OF ANY INFORMATION ON OUR SITES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above
exclusions may not apply to you.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE,
COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR SITES, AND ALL
CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF HEAD OF
THE CLASS OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE
ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT
CONTAINED HEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR
OWN RISK.
A possibility exists that the Site could include inaccuracies or errors, or materials
that violate this Agreement. Additionally, a possibility exists that unauthorized
alterations could be made to the Site by third parties. Although we attempt to ensure
the integrity of our Sites and other products and services, we make no guarantees
as to the completeness or correctness of any content on the Site. In the event that
such a situation arises, please contact us at information@class-files.com with,
if possible, a description of the material to be checked and the location (URL)
where such material can be found on our Sites, if applicable, as well as information
sufficient to enable us to contact you. We will try to address your concerns as
soon as reasonably practicable. For copyright infringement claims, see the section
on “Copyright Infringement” below.
-
Limitation of Liability
NEITHER HEAD OF THE CLASS, LLC. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES,
OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR
ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH
HEAD OF THE CLASS WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS
TO STOP USING IT. Some jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above limitations may
not apply to you.
THE AGGREGATE MAXIMUM LIABILITY TO HEAD OF THE CLASS FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE),
OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO
THE SITE IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.
-
Indemnification
You agree to indemnify, defend and hold us, our officers, directors, employees,
agents and representatives harmless from and against any and all claims, damages,
losses, costs (including reasonable attorneys' fees), or other expenses that arise
directly or indirectly out of or from (a) your violation of this Agreement; (b)
your use of the Site; or (c) your violation of the rights of any third party. Head
of the Class Account Termination You understand and agree that Head of the Class
may, under certain circumstances and without prior notice to you, terminate your
access to and use of the Site. Cause for such termination shall include, but not
be limited to, (a) breaches or violations of the Agreement or other agreements or
guidelines, (b) requests by law enforcement or other government or regulatory authorities,
or (c) technical difficulties.
-
Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet infringes their
rights under U.S. copyright law. If you believe in good faith that materials hosted
by Head of the Class, LLC. or one of its subsidiaries infringe your copyright, you
(or your agent) may send us a notice requesting that the material be removed, or
access to it blocked. If you believe in good faith that a notice of copyright infringement
has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed
by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices
with respect to our Sites should be emailed to information@class-files.com. We suggest
that you consult your legal advisor before filing a notice or counter-notice. Also,
be aware that there can be penalties for false claims under the DMCA.
-
Miscellaneous
This Agreement, together with all Head of the Class policies referred to herein,
constitutes the entire agreement between you and Head of the Class relating to your
use of the Site and supersedes and any all prior or contemporaneous written or oral
agreements on that subject between us. This Agreement and the relationship between
you and Head of the Class are governed by and construed in accordance with the laws
of the State of Arizona, without regard to its principles of conflict of laws. You
and Head of the Class agree to submit to the personal and exclusive jurisdiction
of the federal and state courts located within Maricopa County, Arizona, and waive
any jurisdictional, venue, or inconvenient forum objections to such courts. If any
provision of this Agreement is found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this Agreement and shall not
affect the validity and enforceability of any remaining provisions. No waiver by
either party of any breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. Any heading, caption or section title
contained in this Agreement is inserted only as a matter of convenience and in no
way defines or explains any section or provision hereof.
Questions regarding the Head of the Class site terms of use should be sent to information@class-files.com.
The Terms of Use was last updated on December 1, 2009.
