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Class Retriever™ Terms of Service

1. Introduction

Welcome to Class Retriever, operated by Smart Data Apps (“us”, “we”, or “our”). These Terms of Service {“Terms”) govern your use of our Class Retriever App, our Website at www.classretriever.com, and any related services provided by us.By accessing or using the App or Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the App nor the Website.

2. Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.You are responsible for safeguarding the password that you use to access the App or Website and for any activities or actions under your password, whether your password is with our App, Website, or a third-party service.

3. Intellectual Property

The App and Website, and their original content, features, and functionality are and will remain the exclusive property of Smart Data Apps and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Smart Data Apps.

4. Prohibited Uses

You agree that you will use the App and Website in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of the App or Website. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate Smart Data Apps or its employees, representatives, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the App or Website, or which, as determined in our sole discretion, may harm us or the users of the App or Website, or expose us or other users to liability;
  5. Using the App or Website in any manner that could disable, overburden, damage, or impair the App or Website or interfere with another party’s use of the Website;
  6. Using any robot, spider, or other similar automatic technology, process or means to access or use the App or Website for any purpose, including monitoring or copying any of the material in the App or on the Website;
  7. Using any manual process or means to monitor or copy any of the material on the App or Website or for any other unauthorized purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the App or Website, including but not limited to viruses, trojan horses, worms, logic bombs, or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the App or Website, the server(s) on which the App or Website are stored, or any server, computer, or database connected to the App or Website;
  10. Attempting to attach or attacking the App or Website via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the App or Website;
  12. Using the App or Website in any way that violates any applicable federal, state or local laws, rules or obligations.

5. Links to Other Websites

Our App or Website may contain links to third-party websites or services that are not owned or controlled by Smart Data Apps.Smart Data Apps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this App or Website, or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to other websites does not imply any endorsement of the material on such websites or any association with their operators.You further acknowledge and agree that Smart Data Apps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

6. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App and cancel your subscription.

7. Limitation of Liability

In no event shall Smart Data Apps, nor its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

(i) your access to or use of or inability to access or use the App or Website;

(ii) any computer viruses, information, software, or the conduct or content of any third party on the App or Website;

(iii) any content obtained from the App or Website;

(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8. Availability, Errors and Inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on the App or Website. We may experience delays in updating information on the App or Website and in our advertising on other websites. The information, products and services found on the App or Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our App or Website. The inclusion or offering of any product or service on the App or Website does not constitute an endorsement or recommendation of such product or service by us.

9. Intellectual Property

All contents of the App and Website are copyrighted by Smart Data Apps or third parties. All rights reserved. Unless specified otherwise, the App and Website and all content and other materials on the App and Website, including but not limited to logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Smart Data Apps and are either registered trademarks, trademarks or otherwise protected intellectual property of Smart Data Apps or this parties in the United States and/or other countries.If you are aware of a potential infringement of our intellectual property, please contact [email protected] respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the App or Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the Intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law. Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on the App or Website.You may submit your claim to us by contacting us at:

    Smart Data Apps
    Business Owner
    [email protected]
    +1 (323) 856-1474
    2726 Bancroft Street
    Missoula, MT 59801
    UNITED STATES

10. Disclaimer

Your use of the App or Website is at your sole risk. The App and Website are provided on an “AS IS” and “AS AVAILABLE” basis. The App and Website are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the state of Montana in the United States of America, without regard to its conflict of law provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION OR CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our App and Website, and supersede and replace any prior agreements we might have had with you regarding the App or Website.

Any controversy or claim arising out of or relating to these Terms, including but not limited to the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in Missoula County, Montana.

YOU AND SMART DATA APPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

12. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will not provide you with any notice when we make changes to this Terms of Service.

13. Contact Us

If you have any questions about these Terms, please contact us at [email protected].

Last Updated: January 1, 2025