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Last updated and effective as of September 2, 2020.
These Terms and Conditions (these “Terms”) apply to your participation in the ClassTag Rewards program (the “Rewards Program”), which is offered by ClassTag Inc. (“ClassTag”, “we”, “our” and “us”). The terms “Member,” “Members,” “you,” and “your” apply to you as a member of the Rewards Program; the term “account” refers to your Rewards Program account.
We may change, modify and/or update these Terms or any other policy, FAQ, or guideline pertaining to the Rewards Program at any time and in our sole discretion, subject to the section entitled “Modification and Termination of the Rewards Program” below. Any changes or modifications to these Terms will be effective immediately, unless otherwise stated, upon posting the changes or modifications to www.ClassTag.com (the “Site”), and you waive any other right you may have to receive notice of any such changes or modifications.
Your participation in the Rewards Program confirms your acceptance of these Terms and any such changes or modifications. If you do not agree to the Terms or any modifications or changes, your sole recourse is to cease participating in the Rewards Program. ClassTag reserves the right to disqualify Members who have violated these Terms.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS TO RESOLVE A DISPUTE WITH US, AS WELL AS DISCLAIMERS OF WARRANTIES AND DISCLAIMERS OF LIABILITY.
BY PARTICIPATING IN THE REWARDS PROGRAM, YOU REPRESENT THAT (A) YOU ARE AT LEAST 18 YEARS OF AGE, (B) YOU HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE, AND (C) THESE TERMS HAVE THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE REWARDS PROGRAM.
ClassTag’s Rewards Program is one way in which ClassTag seeks to support and reward its teacher Members by making school-related supplies more accessible. Eligible individuals may only enroll in the Rewards Program by visiting the Site and following the “Get Started” prompts to create an account. Members are required to provide their first name, last name, and email address and to create a password in order to enroll. Members are solely responsible for maintaining the accuracy of their account information and for updating it as required. Members may update their personal information through their account settings.
Membership in the Rewards Program is limited to individual residents of the United States who are at least 18 years of age and have a current, valid email account. Membership in the Rewards Program is non-transferable and subject to these Terms and all terms incorporated by reference. Taxes may apply where required by law.
By becoming a Member of the Rewards Program, you agree to receive advertising, marketing and promotional materials and other communications from ClassTag except where you have expressly disallowed in your profile preferences on the Site. You may opt out of receiving some or all of these promotional emails by clicking on the opt-out button on the bottom of the email and following the instructions. You will still receive emails about your Rewards Program account, including accumulated Coins (described below) and password assistance. If you wish to stop all emails from ClassTag related to the Rewards Program, you must cease using your Rewards Program account in addition to the steps described above.
The Rewards Program allows Members to accumulate “Coins” that may be spent in the ClassTag Rewards Store (“Rewards Store”) for education-related items. Coins may be accumulated in two ways: (1) by obtaining “Affinity Coins” through the ClassTag Affinity Program, and (2) by obtaining “Donated Coins” through the ClassTag Wishlist Donation Program, both of which are described in further detail below. Affinity Coins and Donated Coins are collectively referred to herein as “Coins.” Any Coins earned by Members will be deposited into such Member’s “Coin Bank,” which is accessible through such Member’s account. Members may view the amount of Coins in their Coin Bank, as well as the expiration status of such Coins, by logging into their account.
ClassTag Affinity Program
The ClassTag Affinity Program allows Members to accumulate Affinity Coins in return for certain activities performed by the Member related to the services offered by ClassTag, which may include, among other things, referring other Members and engaging with parents.
Affinity Coins may be awarded in connection with the ClassTag Affinity Program as follows:
Member remains at all times solely responsible for making any necessary disclosures, disclaimers and notices that may be required in connection with certain activity eligible to earn Affinity Coins. For example, in making any kind of recommendation or referral of ClassTag, Member is solely responsible for and shall disclose that Member may receive rewards points from ClassTag.
If a Member has not logged in to his or her account for ninety (90) days, the user’s Affinity Coins will expire. Members will be notified via email after sixty (60) days of account inactivity to remind them to log in to maintain their Affinity Coins.
ClassTag Wishlist Donation Program
The ClassTag Wishlist Donation Program is designed to give donors the opportunity to make direct donations that can be used for classroom supplies and other school-related items in the Rewards Store. Using the ClassTag platform, Members may create a “Wishlist” of items selected from the inventory in the Rewards Store. Members may publish and/or share their Wishlists with potential donors at their discretion.
The price that a donor sees for items on the Wishlist is denominated in dollars and inclusive of sales tax. A donor may either decide to donate the entire dollar amount of a particular Wishlist item (a “Directed Donation”) or may make a cash donation in any amount towards the Member’s Coin Bank (a “General Donation”). Directed Donations and General Donations are described in further detail below:
General Donations and Directed Donations are converted into Donated Coins at a rate of 1,000 Donated Coins per dollar, or at such other rate that ClassTag determines in its sole discretion and for which it provides notice via email or on the website. ClassTag will notify Members that they have received a donation, along with the size of the donation, and the name of the person who made the donation, unless the donation was made anonymously.
In the event a Member for whom a donation is made leaves the classroom or school that was associated with the donation or otherwise ceases use of the Rewards Program, ClassTag will use commercially reasonable efforts to ensure that the intent of the donor is followed.
All donations made pursuant to the ClassTag Wishlist Donation Program will be held in an escrow account. If the Donated Coins associated with such donations are not used by a Member within 12 months of donation, the money in the escrow account will be re-donated to an education-related non-profit chosen by the Board of Directors of ClassTag Inc.
All donations made pursuant to the ClassTag Wishlist Donation Program are at all times held in trust for the teacher’s educational institution and are not owned by ClassTag. ClassTag does not offer any opinion on the tax deductibility of Donated Coins or guarantee that it will provide any tax documentation.
Coins that a Member has earned through the Rewards Program and that have been deposited into such Members’ Coin Bank will be available to redeem in the Rewards Store. Items in the Rewards Store are priced in Coins. Members may redeem Coins in the Rewards Store for any school-related purpose.
In any transaction by a Member in the Rewards Store, Donated Coins will automatically be redeemed first, in the order such Donated Coins were accumulated (i.e., oldest to newest). When the Member has spent all of his or her Donated Coins, such Member’s Affinity Coins will be redeemed next, in the order such Affinity Coins were accumulated (i.e., oldest to newest).
Members may return items purchased with Coins in the Rewards Store within fourteen (14) days of purchase, unless otherwise marked. Upon receipt of such return, the Coins redeemed for such item will be redeposited into the Member’s account. Any shipping costs in connection with such return are the sole responsibility of the Member returning such items, unless such return is directly caused by a mistake made by ClassTag.
Coins do not have any cash or monetary value, are not transferable by Members and may not be combined among Rewards Program Members or conveyed by any means to anyone, including through a Member’s estate, and may not pass to Members’ successors and assigns. You acknowledge that Affinity Coins are purely promotional and are provided without payment of anything of value by you.
ClassTag reserves the right to terminate, cancel, temporarily suspend, change, modify or amend the Rewards Program at any time with or without notice to you. ClassTag may change the Rewards Program rules, regulations, benefits, conditions of participation, terms or Coin values for the Rewards Program, in whole or in part, at any time without notice; provided, that ClassTag will provide thirty (30) days’ notice to you via email of any changes that may affect the value of any Coins you have already accumulated or that may result in the decrease in redemption value or cancellation or forfeiture of Coins not yet redeemed. ClassTag may terminate or cancel the Rewards Program, in whole or in part, upon [thirty (30) days’ notice to you via email.
If the Rewards Program is terminated or cancelled for any reason, all Coins not yet redeemed as of the conclusion of the notice period will be forfeited without any obligation or liability, and no redemptions will be honored after the conclusion of the notice period. ClassTag is not responsible for communications lost due to change of address or other contact information.
YOU ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE REWARDS PROGRAM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REWARDS PROGRAM IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. NEITHER CLASSTAG NOR ITS AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE REWARDS PROGRAM OR ANY OF THE COINS, REWARDS OR OTHER BENEFITS ASSOCIATED WITH THE REWARDS PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER CLASSTAG NOR ITS AFFILIATES, PARTNERS, OR LICENSORS ARE RESPONSIBLE FOR: (a) any loss or misdirection of, or delay in receiving, any Member REGISTRATION, correspondence, redemption requests, COINS or OTHER Member benefits; (b) theft or unauthorized redemption or use of COINS; (c) any acts or omissions of third parties; (d) any errors published in relation to the REWARDS Program, including, without limitation, any typographical errors, errors of description, and errors in the crediting or debiting of COINS from Member Accounts; or (E) Events beyond our reasonable control. CLASSTAG reserves the right to correct, without notice, any errors, but makes no representations or warranties that errors will be corrected.
IN NO EVENT WILL CLASSTAG OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE REWARDS PROGRAM, THESE TERMS, OR CLASSTAG’S OPERATION OF THE REWARDS PROGRAM, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR CLASSTAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the other provisions of these Terms, ClassTag is found to be liable to you or any third party for any damage or loss which arises out of your PARTICIPATION IN the Rewards Program, ClassTag’s total aggregate liability shall in no event exceed ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE REWARDS PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE REWARDS PROGRAM, CEASING PARTICIPATION IN THE REWARDS PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless ClassTag and its respective officers, directors, shareholders, employees and agents, from and against any and all claims, demands, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs of litigation) arising out of or in connection with your breach of these Terms, your participation in the Rewards Program, and your violation of any law or the rights of any third party. ClassTag reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with ClassTag’s defense of any such claim.
These Terms will be governed by and construed in accordance with the laws of the State of New York without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms will be finally settled in small claims court or by arbitration in New York, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these Terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
ClassTag may assign its rights and duties under these Terms without notice to you. You may not assign these Terms without the prior written consent of ClassTag, and any assignment in contravention of the foregoing shall be null and void. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ClassTag’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, as revised from time to time by ClassTag, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Any rights not expressly granted herein are reserved to ClassTag.
For information about your Rewards Program account, to update your account information, or for general information regarding the Rewards Program, please contact us by email at email@example.com.