1. Your Relationship with ClassMouse
1.1 Your use of ClassMouse services and websites (referred to collectively as the "Services" in this document and excluding any services provided to you by ClassMouse under a separate written agreement) is subject to the terms of a legal agreement between you and ClassMouse. This document explains how the agreement is made up and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with ClassMouse, your agreement with ClassMouse will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Terms".
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Term.
2.2 You may not use the Services and may not accept the Terms if:
  2.2.1 - You are not of legal age to form a binding contract with ClassMouse; or;
  2.2.2 - You are a person barred from receiving the Services under the laws of Canada or other countries including the country in which you are resident or from which you use the Services.
3. Provision of Services
3.1 ClassMouse is constantly innovating to provide an optimal experience for its users. You acknowledge and agree that the form and nature of the Services that ClassMouse provides may change from time to time without prior notice to you.
3.2 You acknowledge and agree that if ClassMouse temporarily disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content that is contained in your account.
4. Use of the Services
4.1 You are required to provide information about yourself (such as identification, contact details or computer identification) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to ClassMouse will always be accurate, correct and up to date
4.2 Any use of the Services constitutes an acceptance of the Terms of Service. Except for the Test Drive (or other Trial Account authorized by ClassMouse), access to the Services is subject to the subscription details outlined in an accompanying invoice or found as a hyperlink at www.classmouse.com. As a subscription user, you agree to the terms of the subscription details and agree to pay the subscription fees by the payment date. Subscription details may include, but are not necessarily limited to:
  4.2.1 - Subscriber Identification, Contact Details, and Computer(s) Identification;
  4.2.2 - Subscription Start Date;
  4.2.3 - Subscription End Date;
  4.2.4 - Account Description and Access Loci;
  4.2.5 - Payable Fees and Payment Date;
  4.2.6 - Other Account Restrictions or Details.
4.3 ClassMouse is not an Internet Service Provider and does not provide computer hardware. You understand that you are responsible for all hardware, software, and access fees needed to connect to the World Wide Web
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with ClassMouse, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services.
4.7 Unless you have been expressly authorized to do so in writing by ClassMouse, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
5. Account Security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 You agree that you will be solely responsible to ClassMouse for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify ClassMouse immediately by email at team@classmouse.com.
6. Content in the Services
6.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". ClassMouse may have no control over any websites or resources that are provided by companies or persons other than ClassMouse.
6.2 You acknowledge and agree that ClassMouse is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products or other materials on or available from such websites or resources.
6.3 You should be aware that Content presented to you as part of the Services, may be protected by intellectual property rights. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have written agreement to do so by the owners of that content.
6.4 ClassMouse reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
6.5 Despite advanced tools designed to minimize such an occurrence, you understand that by using the Services you may be exposed to Content that you may find objectionable. If this situation arises, you agree to notify ClassMouse immediately so that ClassMouse may invoke appropriate action.
6.6 You agree that you are solely responsible for (and that ClassMouse has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which ClassMouse may suffer).
7. The Licence from ClassMouse
7.1 Upon an agreement between you and ClassMouse, ClassMouse provides you a personal, non-assignable and non-exclusive license to use the Services as provided to you by ClassMouse. This license is for the sole purpose of enabling you to use the Services as provided by ClassMouse, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ClassMouse, in writing.
7.3 Unless ClassMouse has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the software, grant a security interest in or over your rights to use the software, or otherwise transfer any part of your rights to use the software.
8. Updates
8.1 ClassMouse constantly updates the software and databases. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to accept such updates as part of your use of the Services.
9. Ending Your Relationship With ClassMouse
9.1 The Terms will continue to apply until terminated by either you or ClassMouse as set out below.
9.2 If you want to terminate your legal agreement with ClassMouse, you may do so by:
  9.2.1 - notifying ClassMouse at any time and
  9.2.2 - closing your account(s) for all of the Services which you use. Your notice should be sent to team@classmouse.com.
9.3 ClassMouse may at any time, terminate its legal agreement with you if:
  9.3.1 - you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms) ; or
  9.3.2 - ClassMouse is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful)
10. Exclusion of Warranties
10.1 You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided "as available".
10.2 In particular, ClassMouse does not represent or warrant to you that:
  10.2.1 - your use of the Services will meet your requirements;
  10.2.2 - your use of the Services will be uninterrupted, timely, secure or free from error;
  10.2.3 - any information obtained by you as a result of your use of the Services will be accurate or reliable;
  10.2.4 - defects in the operation or functionality of any software provided to you as part of the Services will be corrected;
  10.2.5 - any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
11. Limitation of Liability
11.1 You expressly understand and agree that ClassMouse shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
11.2 You expressly understand and agree that ClassMouse shall not be liable to you for any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
  11.2.1 - any reliance placed by you on the completeness, accuracy or existence of any content;
  11.2.2 - any changes which ClassMouse may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
  11.2.3 - the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
  11.2.4 - your failure to provide ClassMouse with accurate account information;
  11.2.5 - your failure to keep your password or account details secure and confidential.
11.3 The limitations on ClassMouse's liability to you in paragraph 11.1 above shall apply whether or not ClassMouse has been advised of or should have been aware of the possibility of any such losses arising.
12. General Terms
12.1 This Agreement is governed by and construed in accordance with the applicable laws of the Province of Ontario and the federal laws of Canada and is treated in all respects as an Ontario-based contract.
12.2 The excusing of any provision in this contract does not excuse any other or subsequent provision in this contract.
12.3 Any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses of this Agreement
12.4 This Agreement, together with any policies prescribed at www.classmouse.com constitutes the entire Agreement between you and ClassMouse.
12.5 Any term or condition of this Agreement, which by its nature extends beyond the term or expiry of this Agreement, survives the termination or expiry of this Agreement.
12.6 This Agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument.
12.7 ClassMouse maintains the right to refuse service if it considers it would be disruptive to its business to provide such service.
12.8 Any failure by ClassMouse in satisfying any provision of this Agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity.
  July 17, 2011