Subscriber Agreement

The Facebok application located at http://www.classconnection.com ("App") is provided by Class Reunion Creator LLC ("Class Connection"). Your access to and use of the App is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "Class Connection," "we," "us'" or "our" refers to Class Connection, and "you" or "your" refers to you, the user of the App. The Agreement below is the agreement you consented to upon subscribing to the site.

1. Access and Passwords

You agree that all actions taken by you, or any other user that accesses the App using your Facebook acount will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the App and any services available on it by you or others using your Facebook username and password.

2. Subscription Fees and Payments

You can always find the current Subscription Fees posted on the app by clicking the Plans link. You agree to pay or have paid all fees and charges incurred in connection with the App (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. Class Connection may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred will be billed to the credit card designated during the signup process for the App or subsequently designated by you to Class Connection. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the App using your Facebook account without your authorization, please contact us at http://www.classcreator.com/contact.cfm. You are also responsible for any fees or charges incurred to access the App through an Internet service provider or other third party service. YOU, AND NOT Class Connection, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.

3. Privacy

The Class Connection Privacy Policy (agreed to at the time of app installation) is a part of this Agreement and its terms are incorporated herein by this reference. You can read it by accessing http://classconnection.com/privacy-policy.cfm.

4. User Conduct

You are prohibited from submitting to, posting or transmitting through Class Connection any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.

Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Class Connection nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that Class Connection does not pre-screen all content, but that Class Connection and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, Class Connection and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that Class Connection is not responsible for any content sent using and/or included in the App by any third party.

5. Copyright and Restrictions

The Class Connection Facebook application contains proprietary material of Class Connection (or material that other suppliers have licensed to Class Connection for their use) which is protected by copyright and other laws respecting proprietary rights. Class Connection retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use Class Connection except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.

The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from Class Connection. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.

You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause Class Connection and/or Class Connection’s suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by Class Connection, and/or any of Class Connection’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.

You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.

You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this App in any manner whatsoever that may infringe any copyright or proprietary interest of Class Connection; distribute the information contained in and/on this App to other users not duly authorized to Access the App; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this App or information contained in or on this App or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.

You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by Class Connection.

If you breach any provision of this Agreement, Class Connection may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies

6. Limitations on Use

The following activities are prohibited. You agree not to:

a. Use Web-accelerated browsers or products or other applications that are capable of copying large portions of content from the Class Connection Facebook application or other class web sites within our network of sites. Class Connection can detect the use of these systems through live logfile analysis and will ban any future use by offenders.

b. Use any device, software or routine or the like to interfere or attempt to interfere with any App functionality;

c. Take any action that imposes an unreasonable or disproportionately large load on the App infrastructure;

d. Use any email addresses appearing on the App for purposes not relating specifically to the App;

e. Access the App by any means other than through the interface that is provided by Class Connection, or attempt or access any area of the App to which your access is not authorized; or

f. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the App, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

8. Advertising

Class Administrators may not place advertising on any page of the app. Placing of ads will incur a warning with a 3 day time window for removal. If advertising is not removed Class Connection will remove the ads, and Class Administrator privileges will be removed without any additional warnings.

8. Accuracy and Availability of Information

The App contains database information and other content compiled by Class Connection. While we use commercially reasonable efforts to provide accurate information, Class Connection gives no warranty as to the accuracy of the database and other content on the App. Class Connection reserves the right to withdraw or delete information or content from the App at any time.

9. Links to Third Party Apps

Class Connection is not responsible for the content of Third-Party Apps that you reach through links on the App, sites framed within the App, News Feeds placed in your site, Third Party Plugins (widgets) added to your site, or third-party advertisements on the App, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Apps is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that Class Connection is not your agent and is not a party to any transaction at a Third-Party App. Class Connection shall also not be responsible for supporting third party plugins or source code obtained from other websites.

10. Representations and Warranties

You represent and warrant to Class Connection that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the App is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the App for any purpose that is unlawful or prohibited by this Agreement.

11. Disclaimer of Warranties

ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY Class Connection AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND Class Connection AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Class Connection DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

12. Technical Waiver

You will not hold Class Connection responsible for ANY technical problems, such as a system downage, non or slow delivery of email, or any other technical issue that affects your space within the aplicatoin, web site, business, reputation, or profitability, even if the problem was a direct result of our error.

13. Limitation of Damages

IN NO EVENT WILL Class Connection OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF Class Connection HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Limitation of Liability; Exclusive Remedy

ALSO, IN NO EVENT WILL Class Connection OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY Class Connection FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.

15. Indemnity

You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of Class Connection.

16. Consent to Electronic Notices and Other Communications

You agree that all of your transactions relating to the App may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at the App or via email to any email address that you provide to us during registration as a App member. If you do not wish to deal with us electronically, you should not use the App or enter into this Agreement.

17. Copyright Laws

You are responsible for anything you or your members upload to your web site. That includes content, pictures, audio, video, cartoons, clipart, and anything else you or your members upload that was not provided by our system. You do not have the right to post copyrighted material on your web site. If you or your members do and you get caught breaking copyright laws, you are solely responsible for paying any fines or penalties. It is highly recommended that you and your members respect all copyright laws and only post copyrighted material to your web site if you have expresely obtained permission from the copyright holder.

18. Email Ethics

You are responsible for any email you send through the app.

19. Print a Copy for Your Records

You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.

20. Termination

Class Connection may terminate your subscription and/or access, or suspend access to all or part of the App, without notice, for:

1) Any conduct that Class Connection, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or Class Connection. Class Connection may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.

2) You must have an affiliant with the school or alumni association for which you are the Root Administrator. If you don't, and somebody involed with the school or alumni association desires to have Root Admin access to the class, Class Creator may chose to remove you. If you are removed as Root Administrator, Class Connection will return to you a pro-rated refund for any monies paid for the Premium Subscription Plan (if applicable). Class Connection may elect to remove your administrator rights for any reason, at any time.

3) Free (ads) Class Administrators: You must log into the Class Connection application at least one time every 90 days to maintain your Root Adminship. If you do not log in for a period greater than 90 days, a message will automatically post above the right modules seeking a new Class Administrator for the class.

21. Assignment

You agree not to assign your rights under this Agreement without the consent of an authorized representative of Class Connection in a non-electronic record, and any assignment without Class Connection's consent will be voidable at Class Connection's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.

22. Applicable Law and Disputes

This Agreement is governed by the laws of the State of Michigan, without regard to principles of conflict of laws.

To the extent you have in any manner violated or threatened to violate Class Connection and/or its affiliates' intellectual property rights, Class Connection and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Michigan, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Washtenaw County, Michigan. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in the State of Michigan, County of Washtenaw, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

23. Amendments

Class Connection may change the provisions of this Agreement. When Class Connection changes the terms of this Agreement, Class Connection will notify you by email or online postings on this App. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the App again and you should cancel your subscription to the App. Even if you have not clicked on the "I Agree" button or checked the I agree box when subscribing, if you use the App after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.

24. Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Class Connection except in a signed, non-electronic writing signed by an authorized representative of Class Connection.

25. General

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Class Connection or its affiliates as a result of this Agreement or your use of the App.