Terms of Service
A. ACCEPTANCE OF TERMS OF SERVICE
- As a precondition and requirement to use the services available via Classroom Mosaic, you, for yourself and for the school/company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and Benty LLC its subsidiaries and affiliates ("Classroom Mosaic"). Each Subscriber is subject to these Terms, and by using Classroom Mosaic's services, app and/or website (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
- Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a school, district or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Further, Subscriber represents and warrants all information provided by Subscriber to Classroom Mosaic has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Classroom Mosaic in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information.
- Classroom Mosaic intends to provide the best possible service to each of its Subscribers. Classroom Mosaic is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Classroom Mosaic reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
- Subscribers may view the most current version of these Terms at classroommosaic.com/terms. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Classroom Mosaic website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Paragraph 3 below.
- Notwithstanding Classroom Mosaic's right to alter these Terms without prior notice, Classroom Mosaic may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to Classroom Mosaic, in its sole discretion, that said alteration may materially and adversely impact said Subscriber's use of the Services.
B. TERM - PAYMENT - RENEWAL OF ACCOUNT
- Term of Service. The term of Subscriber's subscription to the Services commences upon Subscriber's acceptance of these Terms and terminates as set forth in Paragraphs 2 and 3.
- Payment. Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber's billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services.
- Renewal of Account. As a courtesy and not as an obligation (contractual or otherwise), thirty (30) days prior to the expiration of Subscriber's account Classroom Mosaic will automatically send the Subscriber an email, based on the current contact information on file. Also, when the Subscriber(s) login to Classroommosaic.com they will receive a message informing them of the time left for their current account, and the way to renew their account. Subscriber hereby releases Classroom Mosaic from any and all liability for failure for any reason to renew said Account. Subscriber acknowledges that there may be many reasons why Classroom Mosaic is unable to renew said Account, including but not limited to inability of Classroom Mosaic, for any reason, to bill said renewal to Subscriber's method of payment on file, to contact or otherwise get response from Subscriber at the email address on file, or otherwise. Subscriber acknowledges that said account if not renewed, for whatever reason, will expire on the Account Expiration Date, as applicable. In the event that an Account expires, Classroom Mosaic will hold the expired Account for up to 180 days as a courtesy and not as an obligation (contractual or otherwise). During the Holding period the Account will be frozen. In order to bring an Account out of Holding, Subscriber must pay a Holding Fee, as well as a Renewal Fee for the current year. Account vouchers/discounts cannot be applied toward the cost of the Renewal Fee. If the Account is not redeemed within 180 days of expiration, it will be set to Pending Delete status.
- Authority. In the event Subscriber is a school, district, other business entity or group of individuals, the person registering for or renewing Classroom Mosaic Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the school, district, other business entity or other individuals in this manner and in connection with Subscriber's acceptance of all other Terms set forth herein.
C. CANCELLATION OF SERVICES - REFUND POLICY
Cancellations and Refunds. Classroom Mosaic provides a 30-day money back guarantee for new account registrations, subject to the following terms and conditions:
a. Nonrefundable Fees: Fees associated with handling of payment and the account registration; as are Check Refunds of $10.00 or less due to processing fees.
b. Cancellations After 30 Days. Subscriber may cancel his/her/its Services at any time, using the cancellation procedures mentioned below (c).
c. Notice of Cancellation. Subscriber agrees to direct all cancellation requests to Classroom Mosaic via email, firstname.lastname@example.org, or phone (803) 216-5401 . The cancellation request must include verification of ownership of the Account as determined by Classroom Mosaic. Once the Cancelation Notice is received and verified. Then the Account will be sent to Pending Delete.
Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee.
D. PROPRIETARY RIGHTS
These Terms do not give Subscriber any rights in Classroom Mosaic intellectual property or technology. Classroom Mosaic and related trademarks and logos are the exclusive property of Benty LLC (classroommosaic.om). Classroom Mosaic and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Classroom Mosaic from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
E. SECURITY AND OWNERSHIP
Site Security. Classroommosaic.com uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password, registered Account(s); as well as any and all information added to the account by the Subscriber or authorized users. Subscriber agrees to immediately notify Classroom Mosaic of any unauthorized uses of the Service or any other breaches of security. Classroom Mosaic will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services.
Access and Control Policy. When a new account, as applicable, is registered with Classroom Mosaic or with one of its affiliates, the process requires and results in the creation of the following within the records of Classroom Mosaic, in association with said new Account: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.
a. If a person contacts Classroom Mosaic and claims that he or she is entitled to access to an account registered with Classroom Mosaic or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), Classroom Mosaic will give access to the person ONLY if that person as permission by the person who originally registered said Account. Otherwise, Classroom Mosaic will not give access and control to a claimant unless Classroom Mosaic is served with a valid order of a court, or agency, requiring Classroom Mosaic to give such access and control to said claimant or unless there is submitted to Classroom Mosaic at legal@Classroommosaic.com a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of Classroom Mosaic or of its affiliates shall not be deemed effective to give notice to Classroom Mosaic or its affiliates of any changes in said access or control.
b. Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against Classroom Mosaic arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases Classroom Mosaic from all liability and all claims for damages or any other liability whatsoever that may arise out of Classroom Mosaic's following said policy and procedure.
License to Benty LLC. Benty LLC (Classroom Mosaic) claims no ownership interest in the forms or templates added, created, or used by the Subscriber. By submitting content and data to Classroommosaic.com, Subscriber grants to Classroom Mosaic, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any.
H. PROHIBITED USES
- Breach of Terms and Account Termination. The uses of Classroom Mosaic Services set forth in this Section I hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of Classroom Mosaic) constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice.
- Other Illegal Activities. The use of the Services to engage in any activity that is determined by Classroom Mosaic, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, and failure to comply with applicable on-line privacy laws. Classroom Mosaic will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
- Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
- Other Activities. Engaging in any activity that, in Classroom Mosaic's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Classroom Mosaic's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Classroom Mosaic's Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Classroom Mosaic in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.
- Promotional Pricing. Classroom Mosaic may periodically offer "free" or discounted services or credits in connection with a promotional offer. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and Classroom Mosaic will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
- Monitoring and Disclosures. All activities occurring on, in, and/or via the Services by Classroom Mosaic may be monitored, recorded, and examined by any authorized person, including as well law enforcement. In general, Classroom Mosaic does not monitor its Subscribers' activities to determine whether they are in compliance with these Terms. However, when and if Classroom Mosaic becomes aware of any violation of these Terms, Classroom Mosaic may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, denying access to the Services of Classroom Mosaic, and/or removing non-complying information. In addition, Classroom Mosaic may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. Classroom Mosaic reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Classroom Mosaic may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and Classroom Mosaic activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Classroom Mosaic or others from harm, and/or to ensure the proper operation of the Services. Classroom Mosaic has no obligation to notify any person, including the Subscriber about whom information is sought, that Classroom Mosaic has provided the information.
- Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber's contact information stored and saved on Classroom Mosaic in order to avoid termination of Subscriber's Classroom Mosaic account(s).
- Duty to Notify Classroom Mosaic of Breach. If Subscriber discovers anyone on the Classroom Mosaic system violating any of these Terms or notices anything suspicious from the Classroom Mosaic network, Subscriber agrees to report the violation or suspicious activity to email@example.com for investigation. Classroom Mosaic reserves the right to and will immediately terminate any account which Classroom Mosaic concludes to be in violation of any of these Terms.
- Reservation of Rights. Classroom Mosaic reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber's term with Classroom Mosaic.
- Severability. These Terms are binding upon Classroom Mosaic, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
- Governing Law. These Terms shall be governed by the laws of the State of South Carolina without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Classroom Mosaic, Subscriber agrees that all disputes, if any, involving Classroom Mosaic shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of South Carolina; provided, further, that all action brought against Classroom Mosaic in State Court must be brought in Columbia, South Carolina and, if in Federal Court, in Columbia, South Carolina. Subscriber hereby agrees that it is subject to the in person jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Classroom Mosaic. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under South Carolina's long arm statute or otherwise, to the existence of said in person jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Classroom Mosaic outside the State of South Carolina; and, that Subscriber, if involved before a court in a lawsuit outside of the State of South Carolina, shall be deemed to support and to stipulate to a motion made by Classroom Mosaic to dismiss said lawsuit with respect to Classroom Mosaic.
J. WARRANTY DISCLAIMER - LIMITATIONS - INDEMNIFICATION
- Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. CLASSROOM MOSAIC HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY CLASSROOM MOSAIC/BENTY OR CLASSROOM MOSAIC/BENTY REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. CLASSROOM MOSAIC DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. CLASSROOM MOSAIC DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. CLASSROOM MOSAIC DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR CLASSROOM MOSAIC IN PARTICULAR.
- Limitations on Classroom Mosaic's Liability. CLASSROOM MOSAIC SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL CLASSROOM MOSAIC BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT CLASSROOM MOSAIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. CLASSROOM MOSAIC SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. CLASSROOM MOSAIC'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL CLASSROOM MOSAIC'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO CLASSROOM MOSAIC FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, CLASSROOM MOSAIC'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Indemnification of Benty LLC. You, the Subscriber, agree to defend, indemnify and hold Benty and Classroom Mosaic, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Classroom Mosaic's own gross negligence or willful misconduct. Classroom Mosaic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO CLASSROOM MOSAIC SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR CLASSROOM MOSAIC ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.