AccuClass Terms of Service
AccuClass software is developed and owned by Engineerica Systems, Inc. (“Engineerica”). Engineerica offers you the use of AccuClass as a service (“Service”). By using AccuClass, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Engineerica reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.engineerica.com/accuclass/terms-of-service
Violation of any of the terms below will result in the termination of your Account. While Engineerica prohibits such conduct and Content on the Service, you understand and agree that Engineerica cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 18 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. If you have an Institution account, you may create separate logins for as many people as you'd like.
- You are responsible for maintaining the security of your account and password. Engineerica cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment and Fees Terms
- A Purchase Order or credit card can be used to pay the fees of Annual accounts.
- The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service, change of license type refunds, or refunds for months unused before service expiration. In order to treat everyone equally, no exceptions will be made.
- All 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 Florida Sales tax, which we will collect if you are not exempt from sales tax.
- Downgrading your license type may cause the loss of Content, features, or capacity of your Account. Engineerica does not accept any liability for such loss.
- Delinquent subscriptions may be suspended or canceled at Engineerica's sole discretion.
- Engineerica may bill an additional charge to reinstate a suspended subscription.
- If you have questions regarding charges contact Engineerica Systems, Inc.
Cancellation and Termination
- You are solely responsible for properly canceling your account. You can cancel your account at any time by calling Engineerica. You will need to confirm the cancellation with either a letter or an email message.
- All of your Content could be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up semester (for semester accounts) or year (for annual accounts), your cancellation will take effect immediately and you will not be charged again. No refunds will be provided for unused time.
- Engineerica in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Engineerica service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Engineerica reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Engineerica reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly and annual subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time via email, by posting the changes to the AccuClass Website (www.engineerica.com), or the Service itself.
- Engineerica shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- Engineerica does not pre-screen Content, but Engineerica and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright ©2013 Engineerica, All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Engineerica.
Engineerica grants you a limited, non-exclusive, non-transferable and non-assignable license to use the Service and to grant access to the Service to your staff and students as follows:
- If you have a “Basic" License”: You can use this license to track attendance for one class with up to fifty students. You will be responsible for setting up your account, collecting attendance data, and maintaining the account. The account can only be used by the person who opened the account.
- If you have an “Instructor License”: You can use this license to track attendance for up to five classes with up to one hundred students per class. You will be responsible for setting up your account, collecting attendance data, and maintaining the account. The account can only be used by the person who opened the account.
- If you have an “Instructor+ License”: You can use this license to track attendance for up to ten classes with up to five hundred students per class. You will be responsible for setting up your account, collecting attendance data, and maintaining the account. The account can only be used by the person who opened the account.
- If you have an "Institution License": This license allows usage at your institution for tracking attendance of instructors and classes as licensed. You are responsible for setting up your account and maintaining it. The account can be used by multiple instructors and staff members at the institution that ordered it.
The software that runs the Services constitutes confidential and proprietary information of Engineerica and embodies trade secrets and intellectual property protected under United States copyright laws, oth
er laws, and international treaty provisions. All right, title, and interest in and to the Engineerica software, including associated intellectual property rights, are and shall remain with Engineerica. Clients and Users shall not attempt to access, translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Engineerica software or any part thereof.
You may not download, use in any context apart from the Engineerica Services, or otherwise export or re-export the Engineerica software or any underlying information or technology.
If you have a "Basic License", “Instructor License”, or “Instructor+ License”: Engineerica will provide you with the following technical support (a) Software Updates as deemed needed by Engineerica; (b) support via the online support forum. This is handled as non-priority support and only involves answering general questions about the software; (c) assistance in error isolation and correction. Engineerica reserves the right to charge fees for non-required updates to the software. Support via phone, email and online assistance is only available for an additional fee. Engineerica will respond to reported errors on a reasonable effort basis. Only the instructor holding the account will be authorized to contact Engineerica for technical support assistance.
If you have an "Institution License": Engineerica will provide you with the following technical support (a) Software Updates as deemed needed by Engineerica; (b) support via telephone and email during Engineerica's normal business hours; (c) support via the online support forum - handled on a non-priority basis and only involves answering general questions about the software; (d) assistance in error isolation and correction. Engineerica reserves the right to charge fees for non-required updates to the software. Engineerica's goal is to respond to phone and email requests within one business day. Engineerica will respond to reported errors on a reasonable effort basis. You must designate certain people who will be authorized to contact Engineerica for technical support assistance on your institution's behalf. We call these people "technical contacts”. You may change the persons authorized to contact Engineerica (technical contact) after notifying Engineerica at least seven (7) days before the change is made. The number of technical contacts allows for your institution and other conditions are displayed on this webpage: http://www.engineerica.com/accuclass/support-policies.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- You understand that Engineerica uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another web site(s) as to falsely imply that it is associated with the Service, Engineerica, or any other Engineerica service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Engineerica.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Engineerica customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Engineerica) of other AccuClass customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- You must log out of the system when you have finished using it. Passwords must be changed by each user upon first use of the system and thereafter kept secure and secret, and not shared with anyone, including administrators or officers of Engineerica. Said officers and administrators will never ask you to divulge your password. No user may attempt to use a single account to log in for two or more simultaneous sessions.
- Engineerica does not warrant that (i) the service will meet your specific 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, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Engineerica shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Engineerica has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Engineerica to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Engineerica and govern your use of the Service, superseding any prior agreements between you and Engineerica (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to firstname.lastname@example.org
This Agreement is governed by Florida law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Florida law and will be held in Oviedo, Florida. The arbitrator will be an expert in the field of web software or services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this agreement.