Terms of Use

The following are the terms of service (“Terms of Service”) that define the relationship between Lightsmith Consulting LLC (doing business as Transparent Classroom) (“Company”, “Transparent Classroom”, “we”, or “us”) and you (either as an individual [or, if purchased or otherwise acquired by or for an entity, such entity]), and govern your use of Transparent Classroom’s Services (as defined below).

We’ve done our best to write this policy in simple, clear terms. We’ve also added a column on the right that provides short explanations of the legal language in plain English to aid in understanding, but it isn’t legally binding.

Last updated: September 14, 2015.

In human words:

This language and the language below defines our relationship. If you don’t agree with it, you shouldn’t use our services. =)

1. Agreeing to our Terms

This agreement (“Agreement”) is entered into by and between you and Lightsmith Consulting LLC DBA Transparent Classroom (“Transparent Classroom”) regarding your use of the TransparentClassroom.com website, mobile application and/or associated products (collectively referred to as the “Service”). By using Transparent Classroom, you are entering into this Agreement with Transparent Classroom and indicating that you agree to be bound by these terms of use. If you do not agree with these terms of use, please do not use the Service.

In human words:

We will do our best to keep the service up, but we don’t promise it will be up 100% of the time. Improvements and changes to the service are made at our discretion. Should we ever decide to close, we promise to give you plenty of warning and access to your data.

2. Description of Service.

The Service offered by Transparent Classroom is provided on a subscription basis and offers a way for schools to do record keeping, communicate with parents, and manage administrative tasks.

Transparent Classroom reserves the right to modify the content, organization or structure of the Service, and may change, suspend, or discontinue any aspect of the Service at any time either at no cost or subject to additional fees, in Transparent Classroom’s sole discretion. Transparent Classroom shall have complete discretion over the features, functions, and other terms and conditions on which the Service is offered. Notwithstanding anything else contained in this Agreement, Transparent Classroom will have no obligation to continue making the Service available or to produce or release new versions of the Service or any updates thereto, or to continue offering any portion of the Service at a certain price or free of charge. In the event of Transparent Classroom discontinuing the Service, a good faith effort will be made to notify all users at least 3 months in advance, and to export any data requested by them.

In human words:

If you’re younger than 13, don’t use Transparent Classroom, if you’re younger than 18, you need parent supervision.

3. Children’s Online Privacy.

Transparent Classroom will only provide access to the Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. The Service is not intended for children under the age of 13.

In human words:

We let you use Transparent Classroom to do your work, or to try it out

4. Your License to Use the Service.

Transparent Classroom hereby grants you a non-exclusive, limited, revocable (as provided herein), non-transferable, world-wide, non-sublicensable license to access the Service from servers operated by Transparent Classroom or a third party host for your personal use, subject to your compliance with these Terms of Use and the payment of any required fees for any paid component of the Service. This license does not include the right to collect or use information contained on the Service for purposes prohibited by Transparent Classroom; to compete with Transparent Classroom; to create derivative works of the Service; or to create reproductions of the Service (other than page caching). The license is granted solely for the purposes set forth in these Terms of Use and if you use the Service in a manner that exceeds the scope of this license or you breach these Terms of Use, Transparent Classroom may revoke the license granted to you.

If you are licensing the Service for evaluation purposes, the Service shall be used solely for the purposes of testing and evaluating the Service. The license granted to you is for a period of thirty (30) days from the date of initial registration or for such other period as agreed between you and Transparent Classroom. You are solely responsible for taking appropriate measures to back up your systems and for taking other measures to prevent any loss of files or data during such trial period. At the conclusion of the trial period specified above, the Service may be automatically disabled and your data may be deleted or you may terminate these Terms of Use immediately upon written notice to Transparent Classroom. To the extent that you continue to use the Service after the end of any trial period, the license granted to you shall convert to a subscription under these Terms of Use at Transparent Classroom’s then-current rates, terms, and conditions.

In human words:

We own Transparent Classroom, but you own any data (lessons, etc.) you create with it, and we are allowed to share that data appropriately (for example, if you tell us we can share it).

5. Ownership of the Service

Transparent Classroom or its licensors own and reserve all right, title and interest in and to the Transparent Classroom marks (further described below), the Service, and all hardware, software and other items used to provide the Service, other than the access rights explicitly granted to you above. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms of Use or any transaction contemplated by these Terms of Use. All rights not explicitly granted to you are reserved by Transparent Classroom. Transparent Classroom reserves the right, in its sole discretion, to change and/or require you to change your Service user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Service. In the event that you make suggestions, improvements or modifications to Transparent Classroom regarding any features, functionality or performance that Transparent Classroom adopts for any of its products including the Service, such features, functionality or performance shall be deemed to be automatically assigned under these Terms of Use to, and shall become the sole and exclusive property of Transparent Classroom.

You own all right, title and interest in and to all materials, works, data, statements, and other visual, graphical, video, written or audible communications of any nature submitted by you as part of the Service or otherwise used through your account (“User Content”). You hereby grant Transparent Classroom the right to transmit, use and disclose the User Content solely to provide the Service to you or any user or to comply with any request of a governmental or regulatory body (including subpoenas or court orders), as otherwise required by law, or to respond to an emergency which Transparent Classroom believes in the good faith requires Transparent Classroom to disclose information to assist in preventing the death or serious bodily injury of any person.

Transparent Classroom and the circle logo are trademarks of Lightsmith Consulting LLC. [Product names, logos, brands, and other trademarks featured or referred to within the Service are the property of their respective trademark holders. These trademark holders are not necessarily affiliated with Service, and they do not sponsor or endorse Transparent Classroom.]

In human words:

You agree to follow applicable laws while using Transparent Classroom, and are responsible for all data (lessons / forms / reports / etc) created by you are used by you within Transparent Classroom.

6. Proper Use.

You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the service to harass other users; (b) prevent others from using the Service; (c) use the Service for any fraudulent or inappropriate purpose; (d) to communicate any message or material that is defamatory, harassing, libelous, threatening, or obscene; (e) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (f) in any manner that is likely to damage, disable, overburden, or impair the Website or interfere in any way with the use or enjoyment of the Service by others; (g) to introduce any malware or other malicious activity in your use of the Service; (h) in violation of any U.S. denied party list, embargoed country restriction, export law or regulation; or (i) in any way that constitutes or encourages conduct that could constitute a criminal offense.

Any violation of the above may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Transparent Classroom reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. You agree that you are solely responsible for the nature and content of all materials, works, data, statements, and other visual, graphical, video, written or audible communications of any nature submitted by you or otherwise used through your account.

In human words:

We won’t let you infringe on copyright on our Service.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. In appropriate circumstances and at Transparent Classroom’s discretion, Transparent Classroom may terminate a your account if you become a repeat copyright infringer. If you believe in good faith that any content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov for details). Currently, an effective notice must contain the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site; (iii) identification of the claimed infringing material or subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your address, telephone number, and, if available, your email address; (v) a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices and counter notices with respect to the Website should be sent to JAC Labs, Inc., Attn: DMCA Agent, Transparent Classroom, 10100 4th Ave NW, Seattle, WA 98177 or via email at info@transparentclassroom.com.

In human words:

You are the person you tell us you are.

8. User Representations and Warranties.

You represent and warrant that (a) all of the information provided by you to participate in the Services is correct and current; (b) all of the information provided by you about debts and credits between you and other members of the Service is correct and current; (c) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

In human words:

If you break these agreements, we may have to ask you to leave.

9. Refusal of Service; Termination; Suspension.

The Company reserves the right in its sole discretion to refuse, suspend, or terminate the Service to anyone at any time without notice for any reason. In addition, Transparent Classroom shall have the right to (i) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Use; (ii) terminate any portion of the Service, and/or remove a user or users or otherwise terminate any use of the Service if Transparent Classroom determines in its sole discretion that such use is unlawful and/or prohibited by these Terms of Use; and (iii) inform law enforcement of any illegal activity or material Transparent Classroom suspects or discovers on, through, or otherwise relating to the Service and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

In human words:

See our Privacy Policy (we are really nice people)

10. Privacy.

As a condition to using the Service, you agree to the terms of the Transparent Classroom Privacy Policy as it may be updated from time to time. Any information submitted to the Service is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Our Privacy Policy may be found by clicking here. Please review our Privacy Policy carefully.

In human words:

We try our best to delight you, but if it goes wrong somehow, please don’t sue us! :(

11. Warranty.

THE SERVICE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. TRANSPARENT CLASSROOM EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL TRANSPARENT CLASSROOM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL TRANSPARENT CLASSROOM BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT. TRANSPARENT CLASSROOM DOES NOT REPRESENT THAT THE SERVICE IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

In human words:

We are not liable if something goes crazy.

12. Limitation of Liability.

IN NO EVENT SHALL TRANSPARENT CLASSROOM, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE. IN NO EVENT WILL TRANSPARENT CLASSROOM’S LIABILITY IN CONNECTION WITH A DISCOUNT OR A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH DISCOUNT, PRODUCT OR SERVICE. THE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS.

In human words:

If someone tries to sue you, we may try to help but we won’t be responsible.

13. Indemnification.

You agree to hold harmless and indemnify the Company, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attornies’ fees, of every kind and nature. Transparent Classroom will provide you with notice of the claim within a reasonable period of time after learning of the claim; and reasonably cooperate in response to your requests for assistance. You may not settle or compromise any indemnified claim without Transparent Classroom’s prior written consent.

In human words:

You are cool with us emailing you.

14. Electronic Communication.

When you use the Service or send emails to Transparent Classroom, you are communicating with Transparent Classroom electronically. You consent to receive communications from Transparent Classroom electronically. Transparent Classroom will communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

In human words:

We may change these terms from time to time.

15. Modifications to the Agreement.

Transparent Classroom reserves the right to add, delete, and/or modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice on the Service. In the event of any material change to the Agreement, in Transparent Classroom’s sole discretion, you may be notified by email of such change. If any change is unacceptable to you, you should immediately cease use of the Service. Your continued use of the Service following a notice of a change in the Agreement via the Service will constitute your binding acceptance of the changes.

In human words:

If things get complicated, let’s work it out in Seattle.

16. General.

These Terms of Use are governed in all respects by the laws of the State of Washington, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. Any controversy or claim arising out of or relating to these Terms of Use or the Service will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party, unless both you and Transparent Classroom specifically agree to do so in writing following initiation of arbitration. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. This provision is not applicable to the extent such waiver is prohibited by law.

IF YOU DO NOT WISH TO BE BOUND BY THE CLASS ACTION WAIVER OR INDIVIDUAL ARBITRATION PROVISIONS IN THIS SECTION, YOU MUST NOTIFY TRANSPARENT CLASSROOM IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY LAW. YOUR WRITTEN NOTIFICATION MUST BE SENT VIA MAIL OR ELECTRONIC MAIL TO USING THE INFORMATION PROVIDED IN BELOW, AND MUST INCLUDE YOUR NAME, YOUR ADDRESS, YOUR TRANSPARENT CLASSROOM USERNAME, IF YOU HAVE ONE, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH TRANSPARENT CLASSROOM THROUGH INDIVIDUAL ARBITRATION.

Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Service, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington, U.S.A.

Transparent Classroom controls and operates this Service from its offices in Seattle, Washington, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Service from other locations you are responsible for compliance with applicable local laws. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Headings are for reference purposes only and do not limit the scope or extent of such section.

In human words:

Ask us if you have questions!

17. Comments and Questions.

If you have any comments or questions, you may address them to Lightsmith Consulting LLC, 10100 4th Ave NW, Seattle, WA 98177, or by email at info@transparentclassroom.com.