Welcome to www.ClassNeighbors.com ("ClassNeighbors," "we," "us," "our"), a service from Hummingbird Enterprises, Inc. Our platform is designed to enable educators to conduct polls among their students to view trending data. By accessing our website and using our services, you agree to be bound by these Terms and Conditions ("Terms"), our Privacy Policy, and any other policies or guidelines we may publish on our website. This document shall outline the Terms and Conditions for Hummingbird Enterprises, Inc. and its services from www.ClassNeighbors.com.
2.1 Eligibility: Hummingbird Enterprises, Inc. services of ClassNeighbors.com services are intended for use by educators and educational institutions. You must be at least 18 years old and have the necessary consent, if required, from your educational institution to use our services.
2.2 Professional Responsibility: www.ClassNeighbors.com provides information on classroom dynamics based on data input and trending analysis. Data may fluctuate frequently based on the changing dynamics of a classroom. ClassNeighbors suggestions are based solely on trending analysis at the time measured and cannot include all the additional information available to the teacher or supporting school staff. The teacher and supporting school staff maintain full responsibility to consider all other information available to them, such as, but not limited to, the teacher's direct classroom observations, parental interactions, and the professional evaluation of supporting school staff as teachers and supporting school staff strive to create a safe learning environment.
2.3 Responsibilities: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your ClassNeighborsTM account.
3.1 Registration: You must register for an account to access certain features of our services. During registration, you agree to provide accurate and complete information and update it to keep it accurate.
3.2 Security: You are responsible for safeguarding your password to access the service and for any activities or actions under your password.
4.1 Information Collection and Disclosure: ClassNeighbors treats personally identifiable information collected about you in accordance with our Privacy Policy. If you disagree with the Terms of Service or the Privacy Policy, you must cease using ClassNeighbors services.
4.2 Data Collection: We do not sell or share your information with 3rd parties. We collect and use information as our Privacy Policy describes. This includes information you provide us and information we collect through your use of the services.
4.3 Data Protection: We implement appropriate technical and organizational measures to protect the data we collect. However, no security system is impenetrable, and we cannot guarantee the security of our databases.
Conduct: You agree not to misuse our services or help anyone else do so. You must comply with all applicable laws and regulations, including privacy and data protection laws.
5.2 Content: You are responsible for the content you create and store on our services. Student input is closed-ended to avoid inappropriate input.
5.3 If a School-Sponsored Platform: ClassNeighbors may provide individual usage information to your school if your school requests such information to assist in the investigation of fraudulent, abusive, or criminal activity or any other use of ClassNeighbors that violates your school's rules or policies.
6.1 Your Content: We may agglomerate your data to identify macro trends and share that information with interested parties without identifying specific students, teachers, or school districts. You grant us a worldwide, royalty-free license to use agglomerated data and store, display, reproduce, modify, and distribute agglomerated content on our services and to interested parties.
6.2 Our Rights: All rights, title, and interest in and to our service will remain the exclusive property of Hummingbird Enterprises, Inc. and www.ClassNeighbors.com.
The following Disclaimer is clearly broadcast throughout the website:
Disclaimer: ClassNeighbors™ is intended to provide additional insights into classroom social interactions and to share ideas for classroom activities that may be utilized as a complement to, not a substitute for, direct observations by educators, input from school personnel, and feedback from parents or guardians. Before considering any supplementary perspectives on classroom social interactions or ideas for classroom activities derived from ClassNeighbors™ or similar educational resources, please ensure you have secured all necessary approvals from your school administration per district policies and procedures.
In addition, you expressly understand and agree that:
7.1 Sole Risk: You use the service at your sole risk. It is provided "as is" and "as available."
7.2 Warranty Disclaimer: ClassNeighbors expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.3 No warranty that:
i) The service will meet your requirements
ii) The service will be uninterrupted, timely, secure, or error-free
iii) The results that may be obtained from the use of the service will be accurate or reliable
iv) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations
v) Any errors in the service will be corrected
7.4 Discretion and Risk: Any material downloaded or otherwise obtained through the use of the service is done at your discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
7.5 Security Mechanism Limitations: The security mechanisms implemented by ClassNeighbors and its business partners may have inherent limitations, and you must determine for yourself that the security and performance of the service sufficiently meet your requirements.
7.6 Data Responsibility: ClassNeighbors and its business partners are not responsible for your data, whether residing on our or your servers.
7.7 No Warranty: No advice or information, whether oral or written, obtained by you from ClassNeighbors, through or from the service or site shall create any warranty.
8.1 Not Liable: You expressly understand and agree that ClassNeighbors shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or other damages, including but not limited to damages for loss of profits, goodwill, use, data, business interruption or other intangible losses (even if they have been advised of the possibility of such damages or result in whole or in part from the negligence of ClassNeighbors) arising or relating in any way to the service or the site.
8.2 Sole Remedy: Even if all other releases and waivers contained in this agreement are deemed inapplicable or unenforceable, your sole remedy for any claim or damage of any kind against www.ClassNeighbors.com and Hummingbird Enterprises, Inc., arising out of or relating to the service or the site shall not exceed the greater of $1,000 or the amount the customer has paid to ClassNeighbors for access to or use of the service or site during the 12 months preceding the occurrence of the cause of action.
9.1 Termination by Us: We may terminate or suspend your access to and use of the services at our sole discretion, at any time, and without notice to you.
9.2 Account Cancellation: You can cancel your account anytime by contacting us on the Contact US page of this website.
10.1 Changes to Terms: We reserve the right to modify these Terms at any time. We will always post the most current version on our website. By continuing to use the services after changes become effective, you agree to be bound by the revised Terms.
10.2 Changes to Services: We may change or discontinue, temporarily or permanently, any feature or component of our services at any time without notice.
These Terms and any action related thereto will be governed by the laws of the State of New Jersey without regard to or application of its conflict of law provisions or your state or country of residence.
For any questions about these Terms, please get in touch with us through the Contact Us page of this website.
August 15, 2024