TERMS OF USE

Please read these terms carefully. This is a binding agreement between Cardstock, LLC (referred to as “Company,” “we,” “us” or “our”) and any person who has indicated their assent hereto by clicking “I agree” or similarly expressing acceptance. Any persons who access or establish a connection to the Services shall also be deemed to have accepted the terms of this agreement.

1. ACCESS TO THIS SITE

To access any part of this website, https://www.cardstockforteachers.com/ (the “Website”) or other software, resources or services (and of the foregoing, the “Services”), you are asked to provide registration information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. If Cardstock, LLC believes the information you provide is inaccurate, Cardstock, LLC may terminate or suspend your access to the Services.

You agree that Cardstock, LLC may, without prior notice for any reason or no reason, immediately terminate your account and access to the Services. You agree that all terminations for cause shall be made in Cardstock, LLC’s discretion and that Cardstock, LLC shall not be liable to you or any third-party for any termination of your account. In the event of termination, Cardstock, LLC will provide you with reasonable means to export your data from the Services.

2. HOW THE SERVICES WORK

Cardstock is a service for teachers and schools to better communicate with parents. Teachers are able to track their own communication and collaborate with other teachers on their team to build strong relationships with families.

3. PAYMENT OF MEMBERSHIP FEES; FREE TRIALS AND OFFERS

Except for free trials or other complimentary offers we may periodically make from to allow you to evaluate the Services as a “Trial Member,” access to the Services requires payment of a membership fee and any applicable taxes (the “Charges”). The price of membership is stated at the time of purchase, and is due and payable as agreed to by you and us. You acknowledge that you will pay Cardstock, LLC the Charges where enrollment has been made using your credit card, whether by you personally or by someone else in your household or organization on your behalf. By paying for membership with a credit card, you certify to Cardstock, LLC that you are at least 18 years of age and that you are the cardholder of the credit card, or that you are certifiably at least 13 years of age and expressly authorized by the cardholder to enroll in the Services. You further acknowledge that your obligation to pay the Charges does not depend on use of the Services, and that you remain obligated to pay Cardstock, LLC for the Services regardless of whether or not the Services are used. Unless you enroll as part of a free trial or other complimentary offer, your obligation to pay the Charges begins on the date of your membership registration, not the date of your first use of the Services. Free trial or complimentary offers to use the Services also begin on the date of registration and not on the date of first use of the Services. This agreement, other than payment obligations, applies to Trial Members during any trial or complimentary period offered by Cardstock, LLC.

You understand that standard SMS (texting) fees apply to all registered contacts who receive an SMS sent out via our software. We are responsible for payment for all SMS sent from our software. However, your mobile service provider may impose fees for SMS messages that you receive in accordance with the terms of your plan, and all such charges are your responsibility. Parents or registered contacts receiving said SMS must opt into our software program. We have provided you with appropriate materials (letter to mail home to parent) to support the opt-in procedure. However, we are not responsible for reinforcement of this process. In no event will we be liable for any indirect effect of SMS. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.

4. AUTOMATIC RENEWAL OF MEMBERSHIP

Except as may be otherwise agreed to between you and us, your membership will renew automatically at the end of the current term. Membership renewal will be charged at the membership price then in effect (not including any special offers that may be valid for new members or other specific groups), which may be higher than the price in effect during the previous term. You must cancel membership prior to its renewal date to avoid incurring further charges. Your credit card will be automatically charged unless you have notified Cardstock, LLC in accordance with Section 5 that you wish to cancel the membership.

5. CANCELLATION

You may cancel your membership during any free trial or complimentary offer without charge. You may also cancel a membership at any other time during its term. However, Cardstock, LLC does not prorate any Charges upon termination or cancellation and does not refund any such amounts for any term already charged. You may cancel your account for the Services by completing and submitting a cancellation form at https://www.cardstockforteachers.com/request_info or calling Customer Service at (281) 682-4786. Telephone calls are accepted only during business hours and may result in delays of cancellation. You may also send a certified letter, return receipt requested, to Cardstock, LLC, Attention: Cancellation, 618 Claridge Circle, Hoffman Estate, Illinois, 60169, and your cancellation will be effective upon receipt. Communications other than the foregoing, including notifying your credit card company or bank that you no longer wish to be a member, will not serve as valid means of cancellation.

If you wish to cancel your account, you may do so by contacting us at https://www.cardstockforteachers.com/request_info or by calling Customer Service at (281) 682-4786. All provisions of these Terms of Use which by their nature should survive cancellation of your account shall survive, including but not limited to, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6. PRIVACY

Company’s Privacy Policy, located at https://www.cardstockforteachers.com/privacy, describes Company’s collection and use of your personal and other information.

7. RESTRICTIONS ON USE

You may access the Services only for your personal, non-commercial use. You may not use the Services for any other purpose. You may not, for example, (i) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal use or as specifically permitted in this agreement, without our written consent, or (ii) use the Services in any harmful manner or interfere with any party’s use or enjoyment of the Services. You agree to cooperate with us in causing any unauthorized use of the Services to immediately cease.

8. OWNERSHIP & CONTENT SUBMISSIONS

In the course of using the Services, you and other users may provide information which may be used by Cardstock, LLC in connection with the Services and which may be visible to certain other users. You retain ownership of the rights you may have in all materials, information and content that you post or otherwise provide to Cardstock, LLC (and in connection with the Services), provided that Cardstock, LLC hereby is and will be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable (only to an successor) right to fully exploit such User Submissions (including all related intellectual property rights) and to allow other users to do so (however, Cardstock, LLC will only share your personally identifiable information in accordance with Cardstock, LLC’s current Privacy Policy). Furthermore, Cardstock, LLC (and any other user who accesses User Submissions) retains the right to reformat, modify, create derivative works of, excerpt, and translate any information submitted by you. You grant other users of the Services a non-exclusive license to access your submissions through the Services, and to exercise rights in and to such submissions and to view such submissions as permitted through the functionality of the Services and under this Agreement (for example, the recipients of a message sent by you will be able to save, copy, edit and store that message). All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and Cardstock, LLC will not be liable for any errors or omissions in any content. Cardstock, LLC cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Cardstock, LLC cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

You may not post, send, submit, publish, or transmit in connection with the Services any material that (i) you do not have the right to post, including proprietary material of any third party, (ii) advocates illegal activity or discusses an intent to commit an illegal act, (iii) is vulgar, obscene or threatening, (iv) libels, defames, or invades the privacy of other users, (v) does not pertain directly to the subject matter of the Services or advertises another product or service, includes programs that contain viruses, worms, or any other malicious computer code, or (vi) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

We reserve the right to monitor use of the Website to determine compliance with this agreement, as well the right to remove or refuse submissions for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions.

9. HYPERLINKS

The Website may include hyperlinks to other websites that are not owned or operated by us. These links are provided for your convenience, and we may receive commissions or other financial compensation from the owners of these websites. Hyperlinks are to be accessed at your own risk. We have no control over other websites and are not liable for any content, advertising, products, services or other materials on or available from those websites. Nonetheless, we wish to protect the users of the Website, and we therefore invite feedback about websites that are linked from this Website.

10. SECURITY AND SECURITY VIOLATIONS

Passwords used to access the Services are for individual use only. You are responsible for the security of your own password and for all activities that occur through the use of your account if accessed with your password, including liability for damages resulting from misuse. If you use a password that we consider insecure, we may require you to change the password or terminate your account.

You may not attempt to violate the security of the Services, or use the Services to violate the security of other persons or websites or to violate the law, including by: (i) accessing data not intended for you or logging into an account that you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures, (iii) attempting to interfere with service to any user, host or network, including without limitation, by submitting a virus to the Services,  (iv) sending unsolicited e-mail,  (v) forging any TCP/IP packet header or any part of the header information in any e-mail, or (vi) attempting reverse engineer any of the software making up any part of the Services.

We will take all reasonably necessary steps to investigate suspected violations of this agreement. We reserve the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing us to disclose the identity of anyone engaging in conduct that is believed to violate the law. We further reserves the right, in our discretion, to release your details to system administrators at other sites in order to assist them in resolving security incidents.

You release and hold harmless Company from and against any claims resulting from any action taken by Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either Company or law enforcement authorities.


11. IMPORTANT DISCLAIMERS

Your use of the services is at your own risk. The services are provided on an “as is” and “as available” basis. We disclaim any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade.

By way of illustration, and without limiting the generality of the disclaimer in the paragraph above, we disclaim any warranty that:

12. LIMITATION ON LIABILITY

Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Company has been advised of the possibility of such damages.

In no event will the collective liability of Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $500 or the amount that you have paid to Company for the services during the most recent 12-month period.

13. INDEMNIFICATION

To the maximum extent permitted by law, you shall defend, indemnify and hold harmless Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from and against all third-party claims, liabilities and expenses, including legal fees and costs, relating to your use of the Services or your breach of any representation contained in or other provision of this agreement. We reserve the right, in our sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.

14. AMENDMENT

This agreement constitutes the entire agreement between the parties relating to the subject matter contained herein. We may modify this agreement at any time by posting the revised terms on the Website and providing you with the opportunity to accept or reject the modifications during your next sign-on to the Services. If you do not agree to the modifications, you may be required to cease your access to the Services.

15. DISPUTE RESOLUTION; WAIVER

All disputes relating to the interpretation of this agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be Chicago, Illinois. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction.

You acknowledge and agree that you and Cardstock, LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Cardstock, LLC otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

The parties to this agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this agreement that might cause irreparable harm (without any requirement to post bond).

16. MISCELLANEOUS

This agreement shall be governed and interpreted pursuant to the laws of the State of Illinois, United States of America, without regard to its choice of law rules. The parties agree that the exclusive venue for any dispute relating to this agreement will be in, and specifically consent to the personal jurisdiction of, the state and federal courts located in Hoffman Estate, Illinois. If any part of this agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notices or other communications permitted or required hereunder will be in writing and given by Company via e-mail, to the address that you provided when registering for the Services, and will be effective upon transmission.

17. CONTACT AND FEEDBACK

We welcome and encourage feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at hello@cardstockforteachers.com or through the “Help” section of the Site. You agree that all Feedback will become the sole and exclusive property of us and you hereby irrevocably assign to us all of your right in and to all Feedback.