IF YOU SUBSCRIBE TO A SUBSCRIPTION SERVICE (AS DEFINED BELOW), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED AT ExitTicket THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3.3 BELOW.
THE AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Services. The following ExitTicket services (“ExitTicket Services”): (a) the classroom management service for teachers (“Teacher User”) (“Teacher Service”) and (b) the classroom experience for students of Teacher Users (“Student User”) (“Student Service”). The ExitTicket Services may be provided on the Site, the ExitTicket App, or via the Edmodo website or Edmodo iOS application (the “Edmodo Store”). “Service” means the ExitTicket Services, the ExitTicket App, and the Site. “User” means any user of the Service, and may be a Teacher User or Student User. To the extent you are a Teacher User, the provisions in this Agreement regarding Teacher Users and the Teacher Service apply to you. To the extent you are a Student User, the provisions in this Agreement regarding Student Users and the Student Service apply to you. To the extent you are a User, the provisions in this Agreement regarding Users apply to you.
Accounts. To use the Teacher Service, you must create a teacher user account (“Teacher Account”). To provide the Student Service to your Student Users, you must create a student account (“Student Account”). “Account” means your Teacher Account and any Student Accounts created using your Teacher Account. You may create an Account by registering through the Service, providing us with the information requested on the registration form, and accepting this Agreement. You will promptly update all Account information to keep it true, accurate, and complete. Should we suspect that any information you provide is not true, accurate, or complete, we have the right to suspend or terminate your use of the Service (including any Student Account created using your Teacher Account). When you register yourself or on behalf of a Student User, we will ask you to provide a separate user name and password for each Account. You agree to keep any Account passwords confidential. You agree to notify us immediately of any unauthorized use of an Account password if you believe that such password is no longer confidential. You will be responsible for any activities that occur under your Teacher Account and any activities that occur under Student Accounts created using your Teacher Account until you terminate your Teacher Account in accordance with Section 12. We reserve the right to require you to alter a user name and/or password if we believe that such Account is no longer secure. You will not: (a) create an Account for anyone other than yourself or your Student Users; (b) create or use more than one Teacher Account at any given time; (c) create or use more than one Student Account for a given Student User; (d) transfer your Accounts to anyone else; (e) permit others to use your Accounts; or (f) use or access other persons’ Teacher Accounts; or (g) create Student User accounts beyond the scope of the license paid for in accordance with Section 3.
Fees & Payment.
Service Licenses. ExitTicket provides a license for a single Teacher User to use the Teacher Service in his/her classroom (“Teacher License”) and for each of his/her Student Users to use the Student Service. You may order a Teacher License by following the instructions on the Site, the Apple App Store, or the Edmodo Store.
Teacher Service Billing. Teacher Licenses are offered either free of charge or on a subscription basis for pro accounts (“Subscription”). If you elect to sign up for a Subscription, you will be responsible for payment of the applicable fee for the Subscription at the time you create your account and select your package. ExitTicket also makes additional add-ons available for purchase to Teacher Users using the Service under the Teacher License (“ExitTicket Add-Ons”). If you purchase a Subscription or ExitTicket Add-On by credit card, ExitTicket will automatically bill your credit card submitted with the order form for all amounts due on the date you order the Subscription ExitTicket Add-On. You hereby authorize ExitTicket to bill your credit card as described above. All payments must be made in U.S. dollars and are non-refundable. ExitTicket’s fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States taxes based solely on ExitTicket’s income. You agree to provide ExitTicket with complete and accurate billing and contact information. If the billing and/or contact information you have provided is false or fraudulent, ExitTicket may terminate your access to the Service in addition to any other legal remedies. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived.
Subscription Service Automatic Renewal. In the event that you subscribe to a Subscription Service Level Agreement, your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at ExitTicket’s then current price for such subscription. You authorize such renewal charges and agree that your Teacher Account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by following the directions on the Subscription page of the Site. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize ExitTicket to bill your payment method now, and again at the beginning of any subsequent subscription period. You will have thirty (30) days from the commencement date of your Subscription, or any Renewal Commencement Date, for any Services hereunder, to cancel such Service, in which case ExitTicket will refund your subscription fee, if already paid pursuant to this Section, for the applicable Service. Except as set forth above, the Service Subscription Fee for any Service shall be non-refundable. Upon renewal of your subscription, if ExitTicket does not receive payment from your payment provider, (i) you agree to pay all amounts due on your Teacher Account upon demand, and/or (ii) you agree that ExitTicket may either terminate or suspend your Subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received.)
Certain Teacher User Obligations.
FERPA. Various federal and state laws, including the Family Educational Rights and Privacy Act (“FERPA”), protect the privacy of student educational records and limit when a school may disclose a student’s educational records. Teacher Users are solely responsible for ensuring that their schools are compliant with all applicable laws and regulations, including, but not limited to, FERPA. Without limiting the generality of the foregoing, Teacher User represents and warrants that for all student records disclosed by Teacher User (if any) (“Student Records”), such Teacher User has obtained, or his/her school has obtained, the appropriate consent from the parents of Student Users, or from the students if such students are 18 and older, as required under FERPA to make such disclosure and grant the following license. Teacher User, on behalf of his/her school, grants, or his/her school grants, to ExitTicket a nonexclusive license to view, download, reproduce, modify, create derivative works of, distribute, and display such Student Records of a Student User solely for the purposes of (a) providing the Teacher Service to any Teacher Users of such Student User; (b) providing the Student Service to such Student User; and (c) to use de-identified and/or aggregated Student Records to improve the Service.
Content License. Unless otherwise agreed to by the parties in a separate signed agreement, by posting or submitting content to the Service, including lessons, and any accompanying text or images, answers to lesson questions, notes, and other content (or permitting your Student User to do the same) (but excluding Student Records) (“User Content”), you hereby grant to ExitTicket an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use such User Content, in any format or medium now known or developed in the future, in connection with the Service. As a Teacher User, by posting or submitting curriculum-based content on the service, including lessons, and any accompany text or images, model answers to lesson questions, notes, and other related content uploaded to the Service for educational purposes (“Curriculum Content”), you hereby grant an additional license to any person or entity to use such Curriculum Content according to the terms of the Creative Commons BY-NC-SA 3.0 License, available at http://www.creativecommons.org/licenses/by-nc/3.0/legalcode. You represent and warrant that: (a) you have the right to grant the foregoing license and to post the User Content; (b) the User Content will not infringe, misappropriate, violate or contravene any third party rights (including any intellectual property rights); and (c) the User Content is accurate. You are solely responsible for the User Content that you, your Teacher Users, and Student Users post on the Service.
User Guidelines. You agree to comply with the guidelines listed below and any other user guidelines posted on the Service. ExitTicket reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision or this Agreement or any conduct or content that is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other users or third parties, including removing such content from the Service, notifying the appropriate authorities regarding and identifying the source of such content, barring violators from accessing the Service, and terminating the Accounts of such violators. Without limiting the foregoing: (a) you will comply with all applicable laws, including privacy laws, intellectual property laws, and regulatory requirements; (b) you will not post inappropriate, inaccurate, or objectionable content to the Service; (c) you will not bully, harass, or advocate harassment of another user or person; (d) you will not solicit passwords or personal identifying information of any kind for commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes; (e) you will not post content that contains “junk mail” or “chain letters”; (f) you will not post content that is obscene or that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (g) you will not post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access to the Service; (h) you will not use the Service to do or promote anything that is unlawful, illegal, misleading, defamatory, or libelous; and (i) you will not promote, upload, or post anything that contains an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not).
Site. During the term of this Agreement and subject to the terms of this Agreement, ExitTicket grants to you a nontransferable, nonexclusive license (without the right to sublicense) to access and use the Site, solely for your internal classroom purposes, and for no other use.
ExitTicket Teacher License. If you are a Teacher User using the Teacher Services subject to the terms of this Agreement, ExitTicket grants to you a nontransferable, nonexclusive license (without the right to sublicense) (a) to access and use the Teacher Services, solely for your internal classroom purposes, and for no other use and to (b) permit each of your Student Users to use the Student Service solely for the Student User’s internal classroom purposes, under your supervision. In addition, ExitTicket grants you a limited, non-exclusive, non-transferable, revocable license to install and execute one copy of the ExitTicket App for you, and one copy for each of your Student Users, in executable object code format, solely (i) on your mobile device that you own or control, (ii) for your use of the ExitTicket Services for your internal classroom purposes, and (iii) as permitted by the Usage Rules set forth in the then-current App Store Terms of Service between you and Apple.
Restrictions. You acknowledge that the structure, organization, and source code of the Service constitute valuable trade secrets of ExitTicket and its licensors. Accordingly, you shall not: (a) license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose, or otherwise commercially exploit the Service or make the Service available to any third party, except to your Student Users in accordance with this Agreement; (b) modify, adapt, alter, translate, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service; (c) merge the Service with other software; (d) access the Service in order to build a similar or competitive product or service; and (e) copy, reproduce, distribute, republish, post, or transmit any part of the Service in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means. Any future release, update, or other addition to functionality of the Service provided by ExitTicket (if any) shall be subject to the terms of this Agreement unless ExitTicket expressly states otherwise. You shall preserve all copyright and other proprietary rights notices on the Service and all copies thereof.
Ownership. ExitTicket and its licensors own the Service, all content (except for your User Content and Student Records) contained therein and all intellectual property rights relating to the foregoing. ExitTicket and its licensors reserve all rights not expressly granted under this Agreement. ExitTicket will treat any feedback or suggestions you provide to it as non-confidential and non-proprietary. ExitTicket reserves the right to use any feedback or suggestions you provide in any manner and for any purpose without any obligation to compensate you.
Interaction with other Users. As a Teacher User, you are solely responsible for your and your Student Users’ interactions with other users of the Service. ExitTicket reserves the right, but has no obligation, to monitor, or take any action ExitTicket deems appropriate regarding, disputes between you and other Users. To the extent permitted under applicable laws, you hereby release ExitTicket from any and all claims or liability related to: (a) any User Content or Student Records on the Service; or (b) the conduct, whether online or offline, of any other user.
You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
SMS Service. We may make available services through which you can elect to receive messages on your phone from other users of the Service (“SMS Services“). If you subscribe to one of our SMS Services, you thereby agree to receive services and messages at the phone number you provide for such purposes. Such messages may come from ExitTicket, or from third parties (in accordance with your preferences). To use the SMS Services, you must reside in the United States. By signing up for any SMS Service, you expressly consent to receiving messages as described in this Section. You understand that your wireless carrier’s message and data rates may apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to agree to these terms and approve the applicable charges. You may opt-out of the messages sent through our SMS Services by replying to one of the SMS Service messages with the word “STOP” or by following the instructions provided in the message. You may receive information about our SMS Services by replying to one of the SMS Service messages with the word “HELP” or by following the instructions provided in the message. You acknowledge and agree that the SMS Services are provided via wireless systems are not completely private or secure. We do not guarantee that your use of such services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. Any questions regarding the SMS Services may be directed to the contact information set forth in Section 18.
Availability and Modification of Service. ExitTicket reserves the right, from time to time, to suspend the Service or any part thereof with or without notice for maintenance, repair, updates, and upgrades relating to the Service or to protect against harm or liability to the Service or ExitTicket. ExitTicket will have the right to modify or discontinue, from time to time, any aspect of the Service. You agree that ExitTicket will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Service or any part thereof.
Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Service and/or maintain an Account. You may terminate your account at any time and for any reason by contacting us. ExitTicket will have the right to terminate this Agreement and/or your Account, or suspend or terminate your access to the Service, for any breach of this Agreement immediately upon notice to your e-mail address listed in your Account. ExitTicket may terminate this Agreement and/or your Account for any reason or no reason immediately upon notice to your e-mail address listed in your Account. Upon termination of this Agreement or your Account, by either party, your right to access and use the Service will terminate immediately. You understand that any such termination may involve deletion of your User Content and Student Records associated therewith from our live databases. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or related to such termination. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 4, 6.3, and 7- 24.
Warranty Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, ExitTicket PROVIDES THE SERVICE “AS-IS” AND AS AVAILABLE AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. ExitTicket DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE. ExitTicket MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU AGREE THAT ExitTicket IS NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE OR SECURE ANY USER CONTENT OR STUDENT RECORDS, COMMUNICATIONS, OR PERSONALIZATION OR PREFERENCE SETTINGS. ExitTicket DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, ExitTicket WILL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY LOST PROFITS, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE UNDER THIS AGREEMENT, EVEN IF ExitTicket HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ExitTicket’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS (US $50) OR THE AMOUNTS PAID BY YOU TO ExitTicket IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL AND FUNDAMENTAL PARTS OF THIS AGREEMENT WHICH ARE NECESSARY TO INDUCE ExitTicket TO ENTER INTO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Copyright Policy. You may not post, distribute, or reproduce in any way any ExitTicket copyrighted material, trademarks, or other proprietary information unless you have the right to do so. We have adopted and implemented a policy that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. At a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; an identification of the location on the Service of the material that you claim is infringing; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. ExitTicket’s Copyright Agent for notice of claims of copyright infringement can be reached contacting us.
Apple App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using the iOS version of the ExitTicket App (the “iOS App”). To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 17, the more restrictive or conflicting terms and conditions in this Section 17 apply, but solely with respect to the iOS App.
Acknowledgement: You and ExitTicket acknowledge that these Terms are concluded between you and ExitTicket only, and not with Apple, and ExitTicket, not Apple, is solely responsible for the iOS App and the content thereof. To the extent the other terms and conditions of these Terms are less restrictive than the Usage Rules set forth for the iOS App in, or otherwise is in conflict with, the App Store Terms of Service as of the effective date, the more restrictive or conflicting Apple terms and conditions apply.
Scope of License: The license granted to you for the iOS App is limited to a non-transferable license to use the iOS App on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support: ExitTicket is solely responsible for providing any maintenance and support services with respect to the iOS App, as specified in these Terms, or as required under applicable law. You and ExitTicket acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
Warranty: ExitTicket is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ExitTicket’s sole responsibility.
Product Claims: You and ExitTicket acknowledge that ExitTicket, not Apple, is responsible for addressing any claims of you or any third party relating to the iOS App or your possession and/or use of that iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms do not limit ExitTicket’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: You and ExitTicket acknowledge that, in the event of any third party claim that the iOS App or your possession and use of that iOS App infringes that third party’s intellectual property rights, ExitTicket, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: ExitTicket legal name and address, and the contact information (telephone number; e-mail address) for end-user questions, complaints or claims with respect to the iOS App is set forth in Section 18.
Third Party Beneficiary: You and ExitTicket acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Electronic Communications. The communications between you and ExitTicket may use electronic means, whether you use the Service or send us emails, or whether ExitTicket posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from ExitTicket in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ExitTicket provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
This Agreement was last revised January 24, 2014.