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Terms of Service

Last modified date: May 12, 2014

IT IS IMPORTANT THAT YOU READ THESE TERMS OF USE (“TERMS”) CAREFULLY AS THEY, TOGETHER WITH ANY POLICIES OR GUIDELINES ON THE ONECLASS WEBSITE GOVERN YOUR USE OF NOTESOLUTION INC. (O/A ONECLASS) (“ONECLASS”)’s SERVICES PROVIDED THROUGH THE WWW.ONECLASS.COM WEBSITE (THE “WEBSITE”). Use of this Website is not permitted where prohibited by law. As a condition of using this Website, you represent and warrant that (a) all registration information you submit to OneClass is true and accurate; (b) you will maintain the accuracy of such information; (c) you are at least thirteen (13) years of age.

By using this Website you indicate your acceptance of these Terms. If you do not accept these Terms, then do not use this Website or any of its content or services.

About OneClass

OneClass is an online educational community where registered users (“Users”) may contribute self-created lecture notes, materials and works (“Content”) for access, use, and evaluation by other users of the Website.

These Terms may be amended or updated by OneClass from time to time without notice so these Terms may have changed since your last visit to this Website and it is your responsibility to review these Terms for any changes. Your use of the Website after any amendments or updates of these Terms shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this Website from time to time will be subject to these Terms, unless stated otherwise. You should visit this page periodically to review these Terms

SUBSCRIPTION TERMS

Privacy.   In order to use many of the features of the Website you will need to create an account with us. Our collection and use of your registration information and other personal information is governed by OneClass’ Privacy Policy setting out the online information gathering and dissemination practices with respect to this Website. Please review the Privacy Policy, which is incorporated into these Terms by reference.

Accounts and Subscriptions

Free Accounts.   Use of this Website is also governed by OneClass’ Privacy Policy setting out the online information gathering and dissemination practices with respect to this Website. Please review the Privacy Policy, which is incorporated into these Terms by reference.

Subscription Accounts.   Details of our subscription packages are available on the Website, see further www.oneclass.com/subscriptions. By subscribing to a OneClass package you are agreeing to pay the fees in the amount and at the times indicated in the sections on Billing in the Credits and Payment Terms section of these Terms.

Closing Your Account.   Users may close their account at any time by sending a request to [email protected] Your account will be closed within 48 to 72 hours after receiving your request. The closure of your account will mean the termination of the User’s access to OneClass and its services, including ability to upload Content and profit from the distribution of any Content provided and previously uploaded by the User. Previously posted and uploaded Content will remain on OneClass indefinitely unless OneClass, in its sole discretion, decides to remove it. For the effects of closing your account or ending your subscription on Subscription Accounts, please see Subscription Cancellations.

Subscription Cancellations.   You may cancel your OneClass subscription at any time, and you will continue to have access to the OneClass service that you subscribed for up to the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS. To cancel, go to Payment Settings by visiting oneclass.com/payments after you login and follow the instructions for cancellation.

Content stored on the Website are stored by OneClass only for permitted temporary online sharing purposes and not for permanent or long-term storage or for temporary archival purposes. OneClass will not, and is not obligated to, maintain back-up copies of any and all Content or any User’s OneClass account information. Accordingly, OneClass will bear no responsibility or liability for any loss of Content or other information stored or submitted to the Website.

CREDITS AND PAYMENT TERMS

Credits.   Users may accumulate OneClass reward credits (“Credits”) through various prescribed activities on the Website. Users will hold Credits subject to the provisions of these Terms as well as all rules and policies posted on the Website relating to Credits. Credits may be withheld or reduced at any time in OneClass’ absolute discretion. Without limitation of the foregoing, OneClass may choose not to award or honour Credits if a User is found to be in violation of these Terms or other OneClass regulations and policies. Credits are nonreturnable, nonrefundable, nontransferable and cannot be converted into monetary currency or used to redeem any goods or services outside of the Website. Users shall have no right to redeem Credits for anything other than Content available for purchase on the Website Credits. Interest shall not accrue on Credits. Transactions involving the accumulation or expenditure of Credits may be subject to further terms and conditions to be made available on the Website. Upon termination of a User’s account by either OneClass or the User, the User acknowledges that any and all Credits remaining in that User’s OneClass account will automatically expire.

Billing

Recurring Billing.   By starting your OneClass subscription, you authorize us to charge you the applicable fee for your subscription at the then current rate, and any other charges you may incur (eg. For one-time purchases) in connection with your use of the OneClass service to your Payment Method. Current “Payment Methods” are indicated on the Website. You acknowledge that the amount billed for each billing period may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly, quarterly and yearly in one or more charges depending on your subscription package.

One-time Purchases.   Any exam tutorial package or other one-off Content package we might offer from time to time requires payment prior to your receiving access to such Content. Payment will be automatically taken and will show up as a charge to your credit card in the amount indicated for the Content or package that you elect to purchase. All payments are non-refundable.

Price Changes.   We reserve the right to adjust pricing for any Content or services at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes will take effect 30 days following email notice to you or an update of pricing on the Website.

Billing Cycle.   Subscription fees will be billed immediately upon selecting your subscription and on the renewal date of all subsequent membership billing periods (whether monthly, quarterly or annually) unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled Your renewal date may change due to changes in your Membership. Visit www.oneclass.com/payments once you are logged in to your account to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.

No Refunds.   PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Billing Information.   You may edit your billing information by visiting https://oneclass.com/billing after you login. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" above), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

CONTENT TERMS

Content Warranties

If you provide Content, you represent and warrant that you are the sole owner of all/any Content posted to OneClass or have the owner’s authority to provide such Content to the Website, other Users and OneClass and you possess all necessary rights in said Content to make it available on the Website and for use by other Users and OneClass, including, without limitation, copyright. You also represent and warrant that the posting of Content on or through OneClass and its services will not breach intellectual property rights, privacy rights, contract rights, copyrights or any other rights of any third-party. You acknowledge and agree to pay for any and all royalties, fees, and any other monies or monetary obligations owing to any third-party for any Content provided and uploaded by you to OneClass. You also represent and warrant that you will not use the Website in breach of any applicable law or regulation, including university or other academic regulations.

Content and Use

If you upload or wish to submit Content to the Website, you thereby grant OneClass a perpetual, irrevocable, nonexclusive, royalty-free, worldwide right and license (with unrestricted right to grant sublicenses) to post, distribute, display, copy, reproduce, modify, alter, translate, publish, distribute, download, transmit and otherwise use such Content in any format or medium for any purpose whatsoever, including, but not limited to, commercially profiting therefrom. Content uploaded will be visible to other Users and may be accessed, displayed, downloaded, printed and otherwise used for personal, academic or educational purposes. OneClass assumes no liability for any material provided by Users, which may contain inaccurate, incomplete, inappropriate and offensive material. OneClass does not review or evaluate the accuracy of Content provided by Users.

Content stored on the Website are stored by OneClass only for permitted temporary online sharing purposes and not for permanent or long-term storage or for temporary archival purposes. OneClass will not, and is not obligated to, maintain back-up copies of any and all Content or any User’s OneClass account information. Accordingly, OneClass will bear no responsibility or liability for any loss of Content or other information stored or submitted to the Website.

Prohibited Content and Activities

OneClass reserves the right to restrict, suspend or terminate access to all or any part of OneClass’ services at any time, for any reason, with or without prior notice and without any liability to you. Use of the Website is subject to all applicable local, provincial and federal laws and regulations. Users are solely responsible for all activities, acts and omissions that occur in, from, through or under their user names or passwords. Users shall not (a) copy or distribute any part of the Website (including all of the contents of the Website), (b) alter or modify any part of the Website, (c) upload, post, email, transmit or otherwise make available on the Website any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable, or post a link to the Website from any third-party website(s) containing such content; (d) upload, post, email, transmit or otherwise make available any falsehoods or misrepresentations or create an impression that the User knows is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; (e) impersonate any person or entity or misrepresent their affiliation with a person or entity; (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the website or impersonate another person or organization; (g) upload, post, email, transmit or otherwise make available any material that they do not have a right to make available under any law or under a contractual relationship; (h) upload, post, email, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy and publicity rights), or post a link to the Website from any third-party website(s) containing such content; (i) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (j) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the website or that of any users or viewers of the website or that compromises a user’s privacy; (k) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (l) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (m) collect or store personal data about other users or viewers; or (n) resell the content of the Website, the use of the Website or access to the Website.

Users also agree not to access the website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser.

OneClass's Proprietary Rights

Except for (a) Content or (b) intellectual property belonging to Users, all information, materials and content on the Website, including but not limited to design, text, graphics, academic data, course materials, documents, messages, ratings, reviews, other files, and their selection and arrangement (collectively, "OneClass Content") are the property of OneClass and/or its licensors, with all rights reserved. Users acknowledge and agree that the OneClass Content is protected by intellectual property rights which may include copyright, trademarks, service marks, patents or other proprietary rights and laws, including laws covering data access and data compilations. No OneClass Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, incorporated into any derivative works or compilations, posted, transmitted, rented or sold in any form or by any means, in whole or in part, without OneClass' prior written permission. Users may not republish OneClass Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation.

Communications with the Site

OneClass welcomes feedback and suggestions from Users regarding the website or OneClass services. Any feedback, comments, or suggestions Users may provide regarding OneClass, or the Website and services is entirely voluntary and OneClass will be free to use such feedback, comments or suggestions as we see fit, including but not limited to creating and marketing products, information, or services, and without any obligation to the User.

The transmission of any communication or material to OneClass via the Website or electronic mail, whether encrypted or otherwise, cannot be guaranteed as, and is not represented to be, secure.

Copyright Policy

Users agree that they will not abuse their usage of OneClass and its services to reproduce, post, distribute, sell or modify any copyrighted material, trademarks or intellectual property belonging to third parties without obtaining prior written consent of the owner for such rights. OneClass reserves the right in its sole discretion to remove any and all Content posted by any user for any reason as OneClass sees fit. OneClass reserves the right and ability to terminate membership privileges of any User who infringes upon the copyright, trademarks and intellectual property of third parties upon notification to OneClass by the owner of the rights.

Copyright Violation Claims

If a User wishes to make a claim of copyright infringement, you must provide notification to OneClass by sending us the following information via email to using the following format:

  1. Include a statement telling us that you have found content on OneClass.com which you believe infringes your copyright (for example, "I believe that the notes identified below infringe my copyright").
  2. Tell us which country your copyright applies to.
  3. Tell us the title of the content concerned and the full URL for its page.
  4. Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire content is a copy of an original work made by you, etc.)
  5. Identify the type (and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
  6. Let us have contact information so that we can get in touch with you (email address is preferred).
  7. Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
  8. Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use."
  9. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
  10. Send the notice, in English, to the following address: Attn: OneClass Copyright Infringement Notification Email: [email protected].

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Please also make sure you know whether the content that you have seen on the Website infringes your copyright because there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.

OTHER IMPORTANT TERMS

Disclaimers

OneClass is not responsible for any inaccuracies in Content posted or uploaded by Users or of any links. As well, OneClass does not guarantee the accuracy of any Content provided and uploaded by OneClass. OneClass is not responsible for any errors or omissions or for any consequences that may arise from the use of such “flawed” information. OneClass, OneClass Content, any Content made available through the site are made available “as is” and “with all faults.” The usage of OneClass, its services and Content is entirely at the individual risk of Users and OneClass assumes no responsibility for third party advertisements which may be posted on OneClass nor does it assume responsibility for any goods or services advertised with its partners.

The online and offline conduct of any User is not the responsibility of OneClass. OneClass assumes no responsibility for errors, omissions, interruptions, deletions, defects, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication. OneClass cannot be held responsible for any problems or technical malfunction including but not limited to computer systems, servers or internet providers, computer equipment, software, or failure of email/email accounts that may be due to technical problems or Internet congestion problems. OneClass will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or any Content. Under no circumstances shall OneClass be responsible for loss or damage arising from: (i) use of OneClass and its services, (ii) any Content uploaded on or through OneClass and its services (including, without limitation, from any use of or reliance on any such Content) or from the conduct of any Users of the OneClass Services, whether online or offline. Services provided by OneClass are provided “as is” and OneClass expressly disclaims the Website and its services from any warranty or guarantee of fitness for any purpose or non-infringement. OneClass cannot and does not guarantee and promise that the Website and its services will always be available and functional, neither can it guarantee or promise any specific deterioration or improvement in academic results that may arise from use of the Website and its services.

Limitation on Liability

IN NO EVENT SHALL ONECLASS BE LIABLE TO USERS OR 3rd PARTIES FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES THAT ARISE FROM THE USE OF ONECLASS AND ITS SERVICES, EVEN IF ONECLASS HAS BEEN ADVISED AND INFORMED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ONECLASS’ LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USERS TO ONECLASS FOR THE SERVICES UP TO THE EXACT DATE WHEN THE CAUSE OF ACTION FIRST ARISES.

Disputes

The resolution of any dispute related to these Terms or use of the Website or OneClass services shall be governed by and construed in accordance with the laws of Canada, without giving effect to any principles of conflicts of law. Any legal action or proceeding between OneClass and Users shall be brought exclusively in a court of competent jurisdiction located in Canada.

Indemnity

You agree to indemnify and hold OneClass and any of its employees and officers, harmless from any damage, cost, loss, liability, demand, or claim and expense, including but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of use of OneClass and its services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of Users’ representations and/or warranties set forth above and/or if any Content posted on OneClass or through its services causes OneClass to be liable to another party

Entire Agreement

These Terms, together with the Privacy Policy , constitute the entire agreement between the parties relating to the Website and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by OneClass.

Severability

If any part of these Terms is deemed unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

Waiver

Failure of OneClass to enforce any of the provisions set forth in the Terms against Users or others shall not be construed to be a waiver of the right of OneClass to enforce such provisions.