Terms and Conditions
This agreement describe the terms that apply to the provision and use of the OnCoursePublishing.com web site and various related products and services offered through that web site. You and OnCourse Learning (collectively, the "parties") agree as follows:
1. Agreement Structure
1.1 OnCourse Learning is willing to provide the Service (and the Service Offerings) to you only on the condition that you first accept this agreement. You accept this agreement by (1) signing an offline Order, (2) clicking the "I Accept" button (or functional equivalent) where this option is made available to you as part of an online Order or registration for the Service, (3) opening a package that states the opening of that package will indicate your acceptance of this this agreement, or (4) actually accessing or using the Service (in which case, your use of the Service constitutes acceptance of this agreement from that point onwards). If you are accepting this agreement on behalf of an institution, company, or other legal entity or organization, you represent that you are duly authorized to bind that entity or organization to this agreement. If you do not have that authority, or if you do not agree to the terms of this agreement, you must not accept this agreement (and you must click the "I Decline" button (or functional equivalent) where this option is made available to you as part of the online Order) and you shall not access or use the Service. All capitalized terms used in this agreement have the meanings stated in section 21 (Definitions) unless stated otherwise.
1.2 Access to the Service is void where prohibited. The Service is intended solely for use by (1) individuals who are 13 years of age or older and (2) individuals under the age of 18 who are currently in high school or college. Registration by, use of, or access to the Service by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized and violates this agreement. If you are entering into this agreement on your own behalf, you represent that you are at least 18 years of age and otherwise have the legal capacity to enter into this agreement. If you are under 18 years of age, your parent or guardian must enter into this agreement on your behalf, and that parent or guardian represents that he or she accepts this agreement on your behalf and that you are 13 or older and in high school or college.
1.3 OnCourse Learning may change this agreement on one or more occasions. You shall review this agreement periodically to be aware of any such changes. Your continued use of the Service after any such changes constitutes your consent and agreement to those changes. OnCourse Learning last modified this agreement on the date stated at the top of this agreement. OnCourse Learning will notify you of any such changes by posting a notice of the changes (which might include posting a new agreement) on the Service, which changes will be effective upon that posting. OnCourse Learning may supplement any such notices by notifying you through one or more of the means stated in section 20 (Notices). This agreement is also accessible through the OnCourse Learning Service Agreement link available on the Service so that you can reference it at any time. You may print off a copy of this agreement for your records.
1.4 You hereby consent to this agreement (including your Orders) being formed electronically without the need for a signature by either you or OnCourse Learning. A printed version of this agreement (including all applicable Orders) and of any notice given by OnCourse Learning in electronic form is admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by OnCourse Learning.
2. Description of Service
2.1 OnCourse Learning makes various Service Offerings available through the Service. Applicable Service Offering charges (if any) and any additional terms (including length of subscription term) for the Service Offerings are stated in the applicable Order.
2.2 You shall provide, at your own expense, suitable equipment, software, and internet access as necessary to access and use the Service and Online Products.
3. Online Products
This section applies only if an applicable Order specifies that you are obtaining access to an Online Product (as specified on your Order). To the extent this section conflicts with another provision of this agreement, this section will prevail.
3.1 Permitted Use
Except as otherwise provided in an applicable Order, you may use the Online Product for the Permitted Use and shall not use the Online Product for any other purpose. You may use the Online Product for the license or subscription term specified in the Order unless terminated earlier in accordance with this agreement, and you shall not use the Online Product after that term or any such termination.
3.2 Online Product Agreement
Online Products are governed by the terms of this agreement, unless the Order for that Online Product states that the Online Product is provided under a separate Online Product Agreement, in which case that Online Product is governed by the terms of that separate Online Product Agreement and not this agreement. You shall use Online Products in compliance with the additional terms specified in the applicable Order and the guidelines or rules posted in that Online Product. An Online Product or future updates to an Online Product might include certain non-OnCourse Learning components (including Supplier Online Products) and OnCourse Learning may condition your use of that Online Product on your acceptance of certain additional terms (including an Online Product Agreement) applicable to those non-OnCourse Learning components.
3.3 Shared Content
If an Online Product contains Shared Content, subject to your compliance with this agreement (including the use restrictions specified in an applicable Order), you may modify and create Derivative Works of the Shared Content and copy, distribute, display, perform, and otherwise use those modifications, Derivative Works, and Shared Content, by means of any media or delivery technology now known or hereafter devised, for the Permitted Use and you shall not use those modifications, Derivative Works, or Shared Content for any other purpose.
3.4 OnCourse Learning Content
You may (1) modify and create Derivative Works of Modifiable OnCourse Learning Content, (2) reformat and/or print copies of OnCourse Learning Content (including your modifications and Derivative Works of Modifiable OnCourse Learning Content) when the capability to reformat and/or print is made available on the Service (for example, through your web browser's File -> Print option), and (3) use OnCourse Learning Content (including your modifications and Derivative Works of Modifiable OnCourse Learning Content) for the Permitted Use, and you shall not use those modifications, Derivative Works, or Shared Content for any other purpose. You shall not modify or create Derivative Works of Non-Modifiable OnCourse Learning Content.
3.5 Instructor Use
If you are a teacher or instructor, you may incorporate OnCourse Learning Content (including your modifications and Derivative Works of Modifiable OnCourse Learning Content) in (1) in-class handouts (provided without charge and limited in the number of copies), (2) online classrooms or courses (provided access to the OnCourse Learning Content is limited to matriculated students enrolled in your class who are required to accept this agreement and enter a unique passcode or other verifiable industry-standard authentication system that ensures each user is individually identified before such access), (3) in-class displays (e.g., via projector, computer monitor or television screen), (4) class outlines or lessons, and (5) non-fee based exams, in each case associated with a course of study (also known as a class) for which the Online Product has been adopted and is concurrently being used.
3.6 Prohibited Uses
You shall not: (1) resell or otherwise transfer access codes that enables access to the Online Product; (2) sell, resell, or otherwise commercially exploit in any way the Online Product (including access to or use of the Online Product); (3) remove, obscure, or modify any proprietary notices, including copyright, trademark, and patent notices, included in the Online Product; (4) except as otherwise permitted under section 3.3 (Shared Content) or section 3.4 (OnCourse Learning Content), modify or create Derivative Works based on the Online Product; (5) except as otherwise permitted under section 3.4 (OnCourse Learning Content), reproduce OnCourse Learning Content; (6) except as otherwise permitted under section 3.3 (Shared Content), section 3.5 (Instructor Use), or section 3.8 (Institution Subscription), publicly display, transmit, disseminate, or distribute the Online Product or any of your rights under this agreement to another Person, including another Person in your organization or institution; or (7) create internet "links" to any part of the Online Product or "frame" or "mirror" the Online Product on any server or wireless or internet-based device.
If you wish to request permission to use an Online Product for a purpose other than the Permitted Use or in a manner not permitted under this agreement, or if you have a question about the proper way to include the required Online Product proprietary notices, you should use the information available in the FAQs to contact the appropriate OnCourse Learning representative. If your request involves the use of non-OnCourse Learning Service Content, you could be required to obtain the permission of the applicable owner of the intellectual property rights in that Service Content.
3.8 Institution Subscription
This section applies only if an applicable Order specifies that you are acquiring an Online Product subscription for an institution. To the extent this section conflicts with any other provision of this agreement, this section will prevail. Subject to your payment of the applicable fees and taxes, you may authorize your students, faculty, and administrative staff (collectively, "Authorized Users") to access and use the Online Product for the Permitted Use, on condition that those Authorized Users accept this agreement before or in connection with their first use of the Online Product. For Online Product subscriptions that include a limit on the number of Authorized Users, Authorized Users includes all individuals authorized to use the Online Product, regardless of whether any such individual is actively using the Online Product at a particular time. You shall ensure that Authorized Users and any other Person that uses the Online Product through the use of your password and account comply with this agreement. You shall take all reasonable precautions necessary to safeguard against unauthorized access and use of the Online Product through your password and account, including ensuring that an Authorized User ceases use of the Online Product after that Authorized User is no longer associated with your institution.
3.9 Special Provisions Applicable to Supplier Online Products
- Supplier Online Products are provided under the terms of this agreement (in which case the applicable Supplier is an intended third party beneficiary of this agreement and may enforce this agreement directly against you), unless the Order (or activation process) for a Supplier Online Product includes or is accompanied by a separate Online Product Agreement, in which case that Supplier Online Product is provided under the terms of that separate Online Product Agreement. In addition, OnCourse Learning may provide you with certain Supplier Notices in connection with the provision of Supplier Online Products. The applicable Order (or activation process) for a Supplier Online Product will include or be accompanied by that Supplier Online Product's applicable Supplier Notices. Placing an Order for a Supplier Online Product that includes a Supplier Online Product Agreement and/or Supplier Notices, or activating a Supplier Online Product for which the activation process includes a Supplier Online Product Agreement and/or Supplier Notices, constitutes your acknowledgment that you have read and agree to all applicable Online Product Agreements and Supplier Notices, including those provided only in the English language. OnCourse Learning is not a party to, and OnCourse Learning is not liable for breaches of, an Online Product Agreement for a Supplier Online Product.
- When you use a Supplier Online Product, the Online Product Agreement between you and the applicable Supplier (and not this agreement) governs the use, storage, and transfer by that Supplier and its Supplier Online Product of your User Data and all other data and information that you provide in connection with your use of the Supplier Online Product. You acknowledge that the Online Product Agreement with a Supplier might give that Supplier rights with respect to your User Data beyond those allowed by that Supplier's agreement with OnCourse Learning and beyond those allowed by this agreement or OnCourse Learning's Privacy Statement. OnCourse Learning does not guarantee that a Supplier will comply with its agreement with OnCourse Learning or its Online Product Agreement with you, and OnCourse Learning is not required to enforce its agreement with a Supplier.
- A Supplier Online Product is either a OnCourse Learning-Hosted Supplier Online Product or a Supplier-Hosted Supplier Online Product. OnCourse Learning's only obligations in connection with Supplier Online Products are (1) to obtain and collect payment for your Supplier Online Product order and (2) to host and provide you with online access to the functionality of OnCourse Learning-Hosted Supplier Online Products. Except to the extent specified in the applicable Online Product Agreement, OnCourse Learning assumes no obligation or liability for (1) the functionality or performance of Supplier Online Products (or for the delivery of Supplier-Hosted Supplier Online Products), including their content, accuracy, or reliability or (2) the acts and omissions (including privacy practices) of the Suppliers of Supplier Online Products.
OnCourse Learning may, without liability to you, either modify or discontinue any part of an Online Product with or without notice to you. Modifications might include the withdrawal of part of an Online Product (for example, if OnCourse Learning no longer has sufficient rights to offer an Online Product under this agreement or OnCourse Learning has reasonable grounds to believe an Online Product is infringing, defamatory, unlawful, or otherwise objectionable). If an Online Product has a corresponding print version, for ease of internet delivery the Online Product might not contain certain individual components of its print version.
3.11 Digital Rights Management
An Online Product might contain or be accompanied by digital rights management technology or similar security technology designed to protect digital information against piracy and other misuse. You acknowledge that any such technology is not a defect in the Online Product. On one or more occasions, while accessing an Online Product your internet accessible device may be directly connected to an internet site operated by or on behalf of OnCourse Learning in order to upgrade that security technology. You hereby consent to the use and automatic upgrading of that security technology. You shall not circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the security technology contained in or accompanying an Online Product.
3.12 General Practices Regarding Use of Online Products and Storage of User Content
- OnCourse Learning may establish general practices and limits applicable to use of Online Products, including the maximum number of days that uploaded User Content is retained in connection with the applicable Online Product, the maximum storage space allotted on OnCourse Learning's servers on your behalf, and the maximum number of times (and the maximum duration for which) you are allowed to access an Online Product in a given period of time. OnCourse Learning may log off accounts that have not paid a subscription fee or that are inactive for an extended period of time. OnCourse Learning may change these general practices and limits at any time, with or without notice.
- You acknowledge that Online Products are not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although OnCourse Learning takes reasonable precautions to preserve and protect the User Content you upload in connection with an Online Product, you shall not rely on the Online Product as your only storage facility. You should preserve backup copies of User Content that you have uploaded. OnCourse Learning is not liable for damage to, deletion of, or failure to store, your User Data.
- OnCourse Learning is not required to maintain or store, and OnCourse Learning may permanently and completely delete, all your User Data stored in that Online Product after the termination of your license or subscription to an Online Product.
4.Textbook and Other Physical Product Purchases
This section applies only if an applicable Order specifies that you are purchasing one or more books or other Physical Products. To the extent this section conflicts with another provision of this agreement, this section will prevail.
4.1 Condition of Purchased Textbooks; Supplemental Materials.
- OnCourse Learning warrants that textbooks and other Physical Products you purchase from the Service will be correct according to your Order and in an acceptable condition. If you order a textbook, (1) OnCourse Learning may provide a hardback or paperback textbook at OnCourse Learning's discretion and depending upon availability and (2) OnCourse Learning may provide an instructor's version if OnCourse Learning determines that the instructor's version is identical to the student version (besides instructor comments). You acknowledge that OnCourse Learning sells primarily U.S. edition textbooks.
- OnCourse Learning will include supplemental materials, including CDs, DVDs, access codes, inserts, workbooks, and study guides, with your textbook only if your Order specifically includes those supplemental materials.
- (c) Software and other licensed Physical Products are governed by the terms of the end user license agreement, if any, that accompanies or is included with or in the installation sequence for that Software or Physical Product, and are licensed and not sold.
4.2 Shipping Terms
OnCourse Learning shall ship Physical Products in accordance with OnCourse Learning's shipping terms stated in the "Shipping Details" section of the Service, and all applicable shipping charges will be clearly displayed during the Order checkout process.
5. Career WebSchool Courses
This section applies only if an applicable Order specifies that you are purchasing access to one or more Career WebSchool Courses. To the extent this section conflicts with another provision of this agreement, this section will prevail.
5.1 General Refund Policy
- Full refunds are granted automatically when a course (each such course, an "Career WebSchool Course") that uses www.careerwebschool.com or any successor website (the "Career WebSchool Website") is cancelled by your university or institution. Otherwise, you may receive a full refund of amounts paid by you for an Career WebSchool Course by requesting that refund within the applicable grace period after the start of the Career WebSchool Course. The length of the applicable grace period is two days for each week in the Career WebSchool Course up to a maximum grace period of three weeks. There is no grace period for Career WebSchool Courses less than one week in duration or that contain only experiments.
- Requests for refunds must be submitted by email to firstname.lastname@example.org letter (to Career WebSchool c/o OnCourse Learning Learning, Inc., 3100 Cumberland Boulevard, Suite 1450, Atlanta, Georgia 30339) within the applicable grace period. The postmarked date of your letter or the date the email is received by OnCourse Learning is considered the date of your refund request. Notifying an instructor or sponsoring agency does not constitute a request for a refund. You will not receive a refund if you do not submit your in accordance with this section within the applicable grace period.
5.2 Refund Policy for Career WebSchool Courses with Payment Codes
- If you purchased an Career WebSchool Payment Code that entitles you to a credit toward a future Career WebSchool Course, that credit will automatically be applied when you enroll in your next Career WebSchool Course.
- If you withdraw in accordance with this section from the Career WebSchool Course in which your credit was applied before expiration of the applicable grace period (as calculated under section 6.1), you can apply that credit toward another Career WebSchool Course. If you withdraw from the Career WebSchool Course in which your credit was applied after expiration of the applicable grace period, you cannot apply that credit to another Career WebSchool Course. To withdraw from your Career WebSchool Course, you must sign into your Career WebSchool account and click on the "My Account" tab, then click on "My Courses" and click the "Withdraw" button.
- You may apply an Career WebSchool Payment Code only to an Career WebSchool Course that corresponds with the textbook for which the Career WebSchool Payment Code was originally created, and you cannot apply Career WebSchool Payment Codes to any other Career WebSchool Courses.
- Career WebSchool Courses paid for with a Career WebSchool Payment Code are nonrefundable.
5.3 Refund Policy for Textbooks Purchased From the Career WebSchool Website
If you purchase a textbook from the Career WebSchool Website, you may return that textbook within the first 15 days after its delivery date and receive a full refund of the purchase price and sales tax (less a $10.00 restocking fee), but not the shipping charges (unless you received a damaged textbook), on condition that you both (1) email OnCourse Learning a refund request at email@example.com and (2) return the textbook at your expense to Career WebSchool c/o OnCourse Learning, Inc., 3100 Cumberland Boulevard, Suite 1450, Atlanta, Georgia 30339. In order to be eligible for a refund, the textbook must be returned in its original condition, and your shipment must be postmarked within 15 days after the delivery date. You will not receive a refund if you do not return the textbook (including all supplemental materials provided with the textbook) in its original condition or your shipment is postmarked more than 15 days after the delivery date.
5.4 General Use Restrictions
- Your right as a student to use and access the Career WebSchool Website with respect to a specific Career WebSchool Course will terminate on the earlier to occur of (1) cancellation of that Career WebSchool Course or (2) 14 days after the date that Career WebSchool Course ends (as established by the instructor teaching the Career WebSchool Course).
- You acknowledge that the Career WebSchool Website might be unavailable on one or more occasions, including time periods during which the Career WebSchool Website is scheduled to be unavailable for use due to preventive maintenance or upgrades. Career WebSchool reserves a weekly maintenance window of four hours each weekend from Midnight Pacific Time (GMT-8:00) on Friday night until 4:00 AM Pacific Time on Saturday morning.
5.5 Service Contact
You may contact firstname.lastname@example.org with any questions relating to the Career WebSchool Website.
5.6 Access Restriction
Career WebSchool may at its discretion and without notice deny any user access to any part of the Career WebSchool Website.
6. User Information and Privacy
6.1 In order to access the Service and Online Products, you must provide certain User Information. You represent that your User Information is true and accurate, and you shall maintain and update your User Information as necessary to keep it true and accurate.
6.2 OnCourse Learning may use and disclose the information OnCourse Learning obtains through your use of the Service and Online Products, including your User Information, in accordance with this agreement and OnCourse Learning's Privacy Statement, and this agreement will prevail if this agreement provides OnCourse Learning with broader use and disclosure rights than the Privacy Statement. You may access OnCourse Learning's current Privacy Statement by clicking on this link: www.oncoursepublishing.com/privacy If you do not consent to the terms of OnCourse Learning's Privacy Statement (as modified by this agreement), you must not accept this agreement and you shall not use the Service and Online Products.
6.3 Because each Online Product is a hosted, online service, OnCourse Learning occasionally may notify all Online Product users of significant announcements regarding the operation of that Online Product (whether or not they have opted out of receiving communications from OnCourse Learning as further described in OnCourse Learning's Privacy Statement). OnCourse Learning may disclose the fact that you are a OnCourse Learning customer and a factual description of the Service Offerings you are using.
6.4 The Service and Online Products use web browser cookies to facilitate registration processing, to validate user role (for example, student) upon login, and to provide a personalized user experience.
6.5 Some activities within an Online Product might request users to submit information that is tabulated and stored in a database and used to produce statistics that are integral to the educational value of these activities. If the requested information is personally identifiable, your specific responses remain confidential and OnCourse Learning shall not associate those responses with your name, email address, or other personally identifiable information. You hereby consent to including in any such statistical analysis the information you submit in connection with an activity that uses information entered by users for statistical analysis within that activity.
6.6 OnCourse Learning shall not disclose to any Persons not affiliated with OnCourse Learning User Information associated with your use of an Online Product, except as follows:
- If you are a student, your instructors and course administrators may access User Data associated with your use of the Online Product (including User Data you Post in connection with your use of the Online Product), including (A) accessing User Data contained within application rosters, grade books, or communication tools that facilitate instructor and student engagement, and (B) exporting User Data from the Online Product for the purpose of maintaining educational records;
- OnCourse Learning may disclose User Information upon the request of the educational institution, school district, or system in which you are enrolled or by applicable state educational authorities, including where that disclosure is requested for evaluation of student or instructor participation in Online Product activities or an Online Product's educational efficacy or other educational or administrative purposes;
- OnCourse Learning may disclose User Information to faculty and other members of your institution or organization to facilitate the investigation of allegations of your suspected breach of this agreement or engaging in academic misconduct or other conduct prohibited by your academic institution or workplace;
- OnCourse Learning may collect, use, sell, license, disclose, and otherwise distribute data about you and other Service users (including demographic data and data associated with use of the Service such as clickstream patterns and the amount of time spent in certain activities within the Service) in aggregated form (so that no user is personally identifiable) or so long as OnCourse Learning otherwise has removed your name and all other personally identifiable information from that data; or
- OnCourse Learning may disclose User Information as otherwise permitted by sections 9.3 and 9.4 below.
7. Payment of Charges
7.1 If you purchase or subscribe to a paid Service Offering, you shall pay all applicable charges for that Service Offering in accordance with the amounts stated in the applicable Order. Unless another form of payment is specified in the applicable Order, OnCourse Learning will bill your credit card (for purposes of this agreement, the term "credit card" includes a credit card or a debit card) for those amounts, and OnCourse Learning will bill your credit card in advance of service. You shall provide OnCourse Learning with accurate and complete billing information, including your name, address, telephone number, and valid credit card information, and shall promptly notify OnCourse Learning of any changes in that information. You acknowledge that the agreement between you and the applicable credit card issuer governs your use of your credit card for payment of amounts owed to OnCourse Learning, including your rights and obligations as a holder of that card.
7.2 OnCourse Learning may limit the number of Service Offering promotions for which you are eligible in a given period. In addition, certain Service Offering promotional offers and discounts will apply to first-time purchasers only.
7.3 OnCourse Learning will disclose the applicable payment terms at the time you place your Order; you can also review the applicable payment terms by visiting the "Help" or "My Home" area on the Service. You shall select a payment method to pay OnCourse Learning for purchases you make from the Service. OnCourse Learning or OnCourse Learning's billing agent may charge your payment method for all amounts due to OnCourse Learning without additional notice or consent unless otherwise required by law. OnCourse Learning may, in OnCourse Learning's discretion, (1) post charges to your payment method individually or (2) aggregate your charges with other purchases you make on the Service and apply those charges to your next billing cycle.
7.4 If any authority imposes a tax, duty, levy, or fee, excluding those based on OnCourse Learning's net income, upon Service Offerings supplied by OnCourse Learning under this agreement, you shall pay that amount as specified in the Order or OnCourse Learning's invoice or supply OnCourse Learning with exemption documentation.
7.5 If OnCourse Learning does not receive payment from your credit card issuer, upon demand you shall pay the overdue amount by other means acceptable to OnCourse Learning. OnCourse Learning may accept other forms of payment, and if OnCourse Learning invoices you for Service Offerings, you shall pay to OnCourse Learning the amount indicated in each invoice by the due date reflected on the invoice.
7.6 If you believe that a billing discrepancy has occurred, unless you notify OnCourse Learning in writing within 60 days after the date on which that discrepancy first appeared on your credit card account statement or invoice, as applicable, you waive your right to claim that discrepancy.
7.7 Except as otherwise provided in this agreement, an applicable Order, the Service, or an applicable Service Offering, all Service Offering purchases and subscriptions are nonrefundable, nonreturnable, and cannot be exchanged. Until your subscription to a Service Offering is terminated, you will continue to accrue charges for which you remain liable, even if you do not use the Service Offering.
7.8 If you fail to pay according to the terms of this agreement OnCourse Learning may, without prejudice to its other rights and remedies, (1) charge interest on a daily basis from the original due date at the rate of the lesser of 1.5% per month or the maximum amount permissible by law, (2) suspend or terminate your subscription and/or access to Online Products and the Service, or both (1) and (2). You shall reimburse OnCourse Learning for all reasonable expenses OnCourse Learning incurs in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable attorney's fees, and court costs. OnCourse Learning may charge a fee for reinstatement of suspended or terminated accounts.
8. User Conduct
8.1 You shall comply with all applicable laws and regulations and generally accepted standards of online etiquette and conduct in connection with your use of the Service and Online Products including the Posting of User Content. If the applicable portion of an Online Product contains Online Forums, you shall use the Online Forums only to Post and receive User Content that is proper and related to the particular Online Forum. You acknowledge that Online Forums are not private communications, and therefore your User Content Posted thereto may be accessed by others without your knowledge. Online Forum administrators are not authorized OnCourse Learning spokespersons, and their views do not necessarily reflect those of OnCourse Learning. You shall not:
- Post User Content that is tortious, defamatory, libelous, deceptive, or fraudulent;
- Post User Content that is hateful, threatening, abusive, harassing, pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
- Post User Content that infringes or violates the law or someone else's rights (including copyrights, patents, trademarks, service marks, trade names, trade secrets, publicity, privacy, or other intellectual property, personal, or contractual rights);
- Post User Content that constitutes unauthorized or unsolicited commercial communications (including "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Post User Content that contains software viruses or any other malicious computer code;
- Post User Content that undermines the pedagogical purpose of the course or class with which the Online Product is being used, including by Posting answers to questions contained in the Online Product;
- Bully, intimidate, or harass another Service or Online Product user;
- Impersonate another Person, including a OnCourse Learning employees or representative, or falsely state or otherwise misrepresent your affiliation with any Person;
- Use automated means (including harvesting bots, robots, spiders, or scrapers), or a manual process having similar functionality, to access or copy any part of the Service or an Online Product (including any Service Content);
- Solicit another Service or Online Product user's login information or access a Service or Online Product account belonging to someone else;
- Breach security of another account or attempt to gain unauthorized access to another network or server or in any manner that (A) may potentially cause OnCourse Learning to violate any laws or rights of other Persons or otherwise incur civil or criminal liability or be subject to public scorn or ridicule or (B) otherwise harms OnCourse Learning's reputation or good will;
- Obtain or attempt to obtain any Service Content that has not been intentionally made publicly available either by their public display on the Service or an Online Product or through their accessibility by a visible link on the Service or that Online Product;
- Interfere with another Person's use and enjoyment of the Service or an Online Product;
- Access the Service or an Online Product to monitor its availability, performance, or functionality, or for any other benchmarking or competitive purposes;
- Violate the security of the Service or an Online Product or attempt to gain unauthorized access, through hacking, password mining, or any other means, to the Service, an Online Product, Service Content, or the computer systems or networks connected to the Service or an Online Product. Users who violate systems or network security may incur criminal or civil liability;
- Do anything that could disable, overburden, or impair the proper working of the Service, an Online Product, or computer systems or networks used to provide the Service or an Online Product;
- Use the Service or an Online Product to do anything unlawful, misleading, malicious, or discriminatory; or
- Facilitate or encourage breaches of this agreement. You are liable for actions taken by another Person related to the subject matter of this agreement that you authorize, assist, facilitate, or encourage.
8.2 OnCourse Learning neither endorses nor assumes liability for Content Posted by Online Product users, and although OnCourse Learning may provide you with the ability to store and access User Content on an Online Product, OnCourse Learning does not endorse the User Content or deem the User Content to be suitable under the terms of this agreement. Although OnCourse Learning generally does not actively screen, monitor, or edit the Content Posted by Service and Online Product users, OnCourse Learning may (but is not required to) disable access to or remove that Content, regardless of whether it violates the standards for User Content stated in this agreement. OnCourse Learning is not liable for any failure or delay in removing any such Content. You hereby consent to and waive all claims against OnCourse Learning arising out of any such removal of your User Content. OnCourse Learning may conclude that your User Content is unsuitable in accordance with OnCourse Learning's standards, and OnCourse Learning may come to that conclusion even if it is based upon OnCourse Learning's opinion or mere suspicion (regardless of whether that opinion or suspicion is proven to be well-founded) or if OnCourse Learning provides one or more Online Products to other users despite those users' Content having the same or similar characteristics as your User Content. OnCourse Learning may terminate your access to the Service and/or one or more Online Products to prevent further Posting of unsuitable User Content.
8.3 OnCourse Learning may investigate reported breach of this agreement, complaints about your use of the Service and Online Products, and any other situation that could potentially cause OnCourse Learning to violate any laws or rights of other Persons or otherwise incur civil or criminal liability, and OnCourse Learning may take any action that OnCourse Learning determines to be appropriate and reasonable under the circumstance to protect itself, its customers, and/or other Persons, including suspending or terminating without notifying you in advance your account and access to the Service and Online Products. If OnCourse Learning takes any such corrective action, OnCourse Learning is not required to refund to you unused prepaid charges.
8.4 To comply with applicable laws and governmental requests, to protect OnCourse Learning's systems and customers, or to ensure the integrity and operation of OnCourse Learning's business and systems, OnCourse Learning may, as permitted by applicable law, access and disclose to others information OnCourse Learning considers necessary or appropriate, including personally identifiable information associated with your use of the Service and/or Online Products (for example, your name, email address, physical address, username and password, and activity results) and User Data residing on OnCourse Learning's computer systems. OnCourse Learning also may report to appropriate law enforcement officials, regulators, or other appropriate Persons activity that OnCourse Learning suspects, is in violation of any law.
9. User Content
9.1 You hereby grant OnCourse Learning an irrevocable, nonexclusive, paid-up, and worldwide license to modify and create Derivative Works of the User Content and copy, distribute, display, perform, and otherwise use those modifications, Derivative Works, and User Content, by means of any media or delivery technology now known or hereafter devised, for the purposes of operating and promoting the Service and applicable Online Products, with the right to sublicense and assign to others any of the foregoing. This license will terminate when you remove your User Content from the Service or applicable Online Product (although removed User Content might persist in backup copies, in which case the foregoing license will continue with respect to those backup copies, for a reasonable period of time) except with respect to your User Content that constitutes Shared Content that has not been fully removed from an applicable Online Product by other users of that Online Product. You hereby waive (and shall obtain the waiver of) all moral rights (personal rights associated with authorship of a work under applicable law, including the rights to approve modifications and to require authorship identification) in the User Content Posted by you. You represent that (1) you have obtained, or you shall obtain, all consents and waivers of other Persons, including those required for the use of names, likenesses, and voices and the release of publicity or privacy rights, necessary to permit OnCourse Learning to exercise the rights and licenses granted hereunder with respect to the User Content, and (2) OnCourse Learning is not required to make any payments by reason of any such exercise.
9.2 In addition, with respect to User Content you Post to a Shared Content area of an Online Product, you hereby grant OnCourse Learning an irrevocable, perpetual, nonexclusive, paid-up, and worldwide license to (1) modify and create Derivative Works of that User Content and (2) grant other users of that Online Product sublicenses to those modifications, Derivative Works, and User Content that are similar in scope to the rights you have with respect to Shared Content under section 3.3 (Shared Content), with the right to sublicense and assign to others any of the foregoing.
9.3 This agreement does not convey to OnCourse Learning any ownership interest in your User Content. You acknowledge that your interest in and to User Content that consists of modifications or Derivative Works of Shared Content is subject to the ownership rights of the owner of any such Shared Content.
10. Non-OnCourse Learning Sites and Information
The Service or one or more Online Products might contain links to non-OnCourse Learning sites on the internet, or otherwise include references to information, software, materials, and/or services provided by other Persons. These non-OnCourse Learning sites might contain content that some people find inappropriate or offensive. These non-OnCourse Learning sites and other Persons are not under OnCourse Learning's control, and OnCourse Learning is not liable for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any such sites, nor is OnCourse Learning liable for errors or omissions in references to other Persons or their products and services. The inclusion of any such link or reference is provided merely as a convenience and does not imply OnCourse Learning's endorsement of, or association with, the non-OnCourse Learning site or other Person, or an express or implied warranty of any kind. You use any such links and the content accessed thereby at your own discretion and at your own risk. You shall direct your concerns regarding these non-OnCourse Learning sites to the applicable site administrator and not to OnCourse Learning.
11. Intellectual Property
11.1 OnCourse Learning (or one or more of OnCourse Learning's Affiliates) owns all intellectual property rights in the Service, Service Offerings, and OnCourse Learning Content. OnCourse Learning reserves all rights not expressly granted under this agreement. Portions of the Service, Service Offerings, or Service Content might include items provided by OnCourse Learning's Affiliates, and those Affiliates are intended third party beneficiaries of this agreement and may enforce this agreement directly against you.
11.2 OnCourse Learning may use and disclose your feedback and other suggestions about the Service for any purpose without an obligation or liability of any kind, including any obligation to compensate you for them (just as you have no obligation to offer them), even if you have designated that feedback or suggestions as confidential.
11.3 Except as otherwise permitted under this agreement, as allowed by applicable law, or under a valid license, you shall not use OnCourse Learning's or its Affiliates' trademarks (including OnCourse Learning Publishing and the OnCourse Learning Publishing logo), or any confusingly similar marks, without OnCourse Learning's written permission.
12. Reporting Infringement
OnCourse Learning respects the intellectual property rights of others, and OnCourse Learning asks you to do the same. It is OnCourse Learning's policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)) and to terminate services of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received. If you believe your copyright has been infringed by any Service Content contained in the Service or an Online Product, you should notify OnCourse Learning's designated agent in accordance with the Notice and Procedure for Making Claims of Copyright Infringement located at email@example.com
13. Disclaimer of Warranties
13.1 Except as otherwise provided in an applicable Order, OnCourse Learning provides the Service , Service Content, and Service Offerings on an "as is" and "as available" basis and OnCourse Learning specifically disclaims all warranties, express or implied, including the implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
13.2 Your use of the Service, Service Content, and Service Offerings is done at your own risk and you are solely liable for damage to your computer system or loss of data that results from any such activities. OnCourse Learning assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store User Data or personalization settings. The Service and/or the Service Offerings could include inaccuracies or typographical errors. Advice received via the Service and/or the Service Offerings should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
13.3 Content available through the Service and Service Offerings often represents the opinions and judgments of an information provider, Online Product user, or other individual or entity not connected with OnCourse Learning. OnCourse Learning does not endorse, nor is OnCourse Learning liable for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized OnCourse Learning spokesperson speaking in his or her official capacity. Please refer to the specific editorial policies posted on various sections of the Service or applicable Online Product for further information.
13.4 Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations might not apply to you.
14. Limitation of Liability
Regardless of the basis on which you claim damages from OnCourse Learning (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), OnCourse Learning's entire liability for all claims in the aggregate arising under this agreement will not exceed the amount of your actual direct damages up to the greater of $100 or the charges (if recurring, up to a maximum of 3 months' charges) actually paid by you for the Service Offering that is the subject of the claim. This limit also applies to OnCourse Learning's Affiliates, and is the maximum for which OnCourse Learning and OnCourse Learning's Affiliates are collectively liable. Except as otherwise required by law without the possibility of contractual waiver, OnCourse Learning and OnCourse Learning's Affiliates are not liable for (1) claims by other Persons against you for losses or damages, (2) loss of or damage to User Data, or (3) special, incidental, or consequential damages (including lost profits or savings), even if they are informed of their possibility.
In addition to any other remedies available to OnCourse Learning, you shall indemnify OnCourse Learning and OnCourse Learning's Affiliates against all reasonably foreseeable losses and liabilities arising out of your acts or omissions in connection with the Service and the Service Offerings, including your breach of this agreement or an Online Product Agreement and your Posting of User Content, subject to the same defenses that you would be entitled to assert in an action for breach of contract.
16. Security and Password
You are responsible for maintaining the confidentiality of your password and account, and except as otherwise permitted under section 3.8 (Institution Subscription) you shall not share your login credentials (login name/username and password) with others. You are liable for all use of the Service and Online Products (including charges incurred) through your login name/username and password, whether that use is made by you personally or by someone else. You shall protect and secure your login name/username and password from unauthorized use and disclosure. If you become aware of or believe there has been a breach of the security of your account, including a theft or unauthorized use of your login name/username and password, you shall notify OnCourse Learning immediately by contacting the contact stated on the Support web page accessible through the Support link of the OnCoursePublishing.com web site www.oncoursepublishing.com/support
17. Special Provisions Applicable to Users Outside the U.S.
17.1 If you are located outside the U.S., you hereby consent to having your User Data transferred to and processed outside your jurisdiction, including in the U.S.
17.2 Although the Service and Service Offerings might be accessible worldwide, OnCourse Learning does not represent that the Service, Service Content, or Service Offerings are appropriate or available for use in locations outside the U.S., and you shall not access the Service, Service Content, or Service Offerings from locations where the Service, Service Content, or Service Offerings are illegal.
18. Termination of Agreement
18.1 OnCourse Learning may, at its discretion, terminate or suspend your access to any part of the Service with or without notice and for any reason, including for lack of use or if OnCourse Learning believes that you have breached or acted inconsistently with the letter or spirit of this agreement. You may terminate your registration or use of the Service at any time. Upon termination of this agreement, your right to use the Service ceases, and OnCourse Learning may deactivate your account and delete all related information and User Content and/or bar further access to the Service or any such User Content. OnCourse Learning is not liable to you or any other Person for claims or damages arising out of termination of this agreement or suspension of your access to the Service or any User Content or any other actions taken by OnCourse Learning in connection therewith. Termination of this agreement will not cause a termination of any Online Product licenses or subscriptions, but there could be independent grounds (which may be the same as the grounds for termination of this agreement) for termination of one or more Online Product licenses or subscriptions.
18.2 Except as otherwise provided in an applicable Order, OnCourse Learning may terminate your Online Product license or subscription with or without notice if you breach or act inconsistently with the letter or spirit of this agreement as applicable to that Online Product. Upon any such termination, your right to use that Online Product ceases, and OnCourse Learning may delete all User Content related to that Online Product and/or bar further access to that Online Product or any such User Content. OnCourse Learning is not liable to you or any other Person for claims or damages arising out of termination of your access to the Online Product or any User Content or any other actions taken by OnCourse Learning in connection therewith.
18.3 The terms of this agreement that contemplate compliance or otherwise by their nature should extend after the termination of this agreement or an Online Product license or subscription, including the terms of sections 7, 9, 10, 11, 14, 15, 16, and 19-23, as well as your liability for unpaid charges, will survive termination and remain in effect until fulfilled.
19.1 Except as otherwise provided in this agreement, for a notice or other communication under this agreement to be valid, it must be in writing and the sending party must use one of the following methods of delivery: (1) personal delivery; (2) nationally recognized overnight courier (for example, Federal Express), with all fees prepaid; and (3) registered or certified mail, in each case return receipt requested and postage prepaid.
19.2 Except as otherwise provided in this agreement, for a notice or other communication under this agreement to be valid, it must be addressed: (1) if to OnCourse Learning, to the contact stated on the Support web page accessible through the Support link of the OnCoursePublishing.com web sitewww.oncoursepublishing.com (or to any other address designated by OnCourse Learning in a notice in accordance with this section 20), and a copy of any termination, breach, or default notice sent to OnCourse Learning must also be sent to the following: OnCourse Learning, Inc., N19W24075 Riverwood Drive, Suite 200, Waukesha, WI 53188, Attention: General Counsel; and (2) if to you, either to the email address supplied for your account or to the address supplied by you as part of your User Information. In addition, OnCourse Learning may broadcast notices or messages through the Service to inform you of changes to the Service, this agreement or other matters of importance, and any such broadcasts will be deemed to constitute notice to you.
19.3 Except as otherwise provided in this agreement, and subject to section 20.4, a valid notice or other communication under this agreement will be effective when received by the receiving party. A notice or other communication will be deemed to have been received as follows:
- if it is delivered in person or sent by registered or certified mail or by nationally recognized overnight courier, upon receipt as indicated by the date on the signed receipt; and
- if the receiving party rejects or otherwise refuses to accept it, or if it cannot be delivered because of a change in address for which no notice was given, then upon that rejection, refusal, or inability to deliver.
19.4 If a notice or other communication is received after 5:00 p.m. on a business day at the location specified in the address for the receiving party, or on a day that is not a business day, then the notice will be deemed received at 9:00 a.m. on the next business day.
"Affiliates" means OnCourse Learning's owners, subsidiaries, affiliated companies, officers, directors, licensors, suppliers, partners, sponsors, and advertisers, and includes all parties involved in creating, producing, and/or delivering the Service and/or Service Content (except for User Content or Shared Content Posted by other Service users).
"OnCourse Learning" means OnCourse Learning, Inc.
"OnCourse Learning Content" means all Content (other than Shared Content) contained in an Online Product. OnCourse Learning Content includes Non-Modifiable OnCourse Learning Content, Modifiable OnCourse Learning Content, and your modifications and Derivative Works of Modifiable OnCourse Learning Content.
"OnCourse Learning-Hosted Third Party Online Product" means a Third Party Online Product hosted by OnCourse Learning.
"Content" means messages, text, sounds (including music), images (including video and photos), graphics (including illustrations, drawings, and logos), software, and other materials.
"Derivative Work" means a work that is based on an underlying work and that would be a copyright infringement if prepared without the authorization of the copyright owners of the underlying work.
"Modifiable OnCourse Learning Content" means OnCourse Learning Content presented to you in a modifiable format and in a manner expressly indicating that modification thereof is permitted.
"Non-Modifiable OnCourse Learning Content" means all OnCourse Learning Content other than Modifiable OnCourse Learning Content.
"Online Forums" means, collectively, bulletin board services, message boards, chat areas, newsgroups, forums, learning spaces, communities, and/or other interactive message or communication facilities.
"Online Products" refer to eBooks, individual eChapters, other online electronic content, online courses or courseware (including Career WebSchool Courses), video and/or audio study tools, online services, and any combination of the foregoing items, each of which has its own unique International Standard Book Number (ISBN), including future updates and upgrades to the foregoing items provided to you, and including those foregoing items for which access codes enabling access thereto are offered outside the Service (for example, in bookstores or on ecommerce web sites) but activated through the Service.
"Order" means the offline or online order form or ordering process that specifically references this agreement or that otherwise allows you to acquire Service Offerings, including a printed access card containing an access code enabling access to a Service Offering.
"Permitted Use" means use for non-commercial educational or instructional purposes.
"Person" means an individual, a corporation, partnership, limited liability company, association, trust, unincorporated organization, or other legal entity or organization, or a government body.
"Physical Products" means (1) printed books, printed materials, and other hard-copy content and (2) electronic content and/or software contained on a CD, DVD, or other physical media.
"Post" means post on an applicable Online Product or otherwise make available while using that Online Product to OnCourse Learning or other users of that Online Product.
"Privacy Statement" means the current OnCourse Learning Privacy Statement located at www.oncoursepublishing.com/privacy or any successor web page thereto.
"Service" means the online service OnCourse Learning makes available through OnCourse Learning's OnCourse Learning Publishing-branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions), including that online service's offline components.
"Service Content" means, collectively, OnCourse Learning Content, Shared Content, and all other Content made available on the Service (including Service Offering descriptions), including the selection and arrangement of the foregoing.
"Service Offerings" mean, collectively, (1) Physical Products, (2) Online Products (including any access codes enabling access to an Online Product), (3) rental of printed textbooks and/or other Physical Products for a specific period of time; and (4) Career WebSchool Courses (which are a particular type of Online Product).
"Shared Content" means the Content Posted by OnCourse Learning and Online Product users (including User Content Posted by you) in an area of an applicable Online Product that is designated as a learning space and/or user community and that is presented to users in a modifiable format and in a manner clearly indicating that modification thereof is permitted.
"Supplier" means a non-OnCourse Learning supplier of one or more Supplier Online Products.
"Supplier-Hosted Supplier Online Product" means a Supplier Online Product hosted by a non-OnCourse Learning supplier.
"Supplier Notices" means certain notices and/or information about a Supplier Online Product and/or one or more of its suppliers that OnCourse Learning provides you in connection with the provision of a Supplier Online Product.
"Supplier Online Product" means a Supplier-branded Online Product.
"U.S." means the United States of America.
"User Content" means Content you Post on an applicable Online Product that would not be considered solely User Information. Certain User Content may contain User Information.
"User Data" means, collectively, User Content and User Information
"User Information" means facts and other information about you, including actions you take while interacting with the Service or Online Products.
"You" and "your" refer to the user named in an applicable Order or otherwise on the online registration form completed by or on behalf of you in connection with your registration for the Service.
21.1 The laws of the State of Georgia, without giving effect to its principles of conflict of laws, govern all adversarial proceedings arising out of this agreement, including all tort claims. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Each party hereby waives any claim that any proceeding brought in accordance with section has been brought in an inconvenient forum or that the venue of that proceeding is improper. You acknowledge that OnCourse Learning has Affiliates around the world, and sometimes these Affiliates may provide Service Offerings to you on behalf of OnCourse Learning.
21.2 OnCourse Learning operates the Service and Online Products from within the U.S. You shall comply with all applicable export and import control laws in connection with your use of the Service, Service Content, and Service Offerings, and you shall not export or re-export the Service Content or Service Offerings, directly or indirectly, to any country, or to any agent, representative, or foreign national of any country, without first obtaining all licenses required under export control laws. You shall not access or use the Service or any Service Offerings if you are (1) located in a country embargoed by the U.S. (unless the applicable Service Offering qualifies for an "information or informational materials" exemption to any such embargo) or (2) on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent that you are not located in, under the control of, or a national or resident of any such country or on any such list.
21.3 If you are an office, agency or branch of the U.S. Government, the Service Offerings are provided to you as commercial items and with only those rights as are stated in this agreement, under 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227-7202-4 and corresponding sections of applicable and corresponding agency Federal Acquisition Regulations (FARs).
21.4 You acknowledge that because your breach of this agreement or your unauthorized use of the Online Products could cause OnCourse Learning irreparable harm for which damages would be an inadequate remedy, if any such breach occurs or is threatened OnCourse Learning will be entitled to an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.
21.5 If you do not institute a cause of action against OnCourse Learning or OnCourse Learning's Affiliates within one year after the cause of action arises, that cause of action will be deemed forever waived and barred.
21.6 You shall not assign any part of your rights or delegate any part of your obligations under this agreement. Any purported assignment or delegation in breach of this section will be void. OnCourse Learning may assign its rights and delegate its obligations under this agreement.
21.7 No delay or default in compliance with any obligation by OnCourse Learning will constitute a breach of this agreement to the extent that default or delay is caused, directly or indirectly, by an event or circumstance beyond OnCourse Learning's reasonable control.
21.8 If any provision of this agreement is held to be unenforceable, then that provision is to be construed by modifying it to the minimum extent necessary to make it enforceable, unless such modification is not permitted by law, in which case that provision is to be disregarded. If an unenforceable provision is modified or disregarded in accordance with this section, the rest of this agreement is to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable.
21.9 No waiver of satisfaction of a condition or noncompliance with an obligation under this agreement will be effective unless it is in writing and signed by OnCourse Learning, and no such waiver will constitute a waiver of satisfaction of any other condition or noncompliance with any other obligation.
21.10 There are no nonparty beneficiaries of this agreement, except as otherwise provided in section 12.1 (Intellectual Property), section 15 (Limitation of Liability), and section 16 (Indemnification).
21.11 This agreement, including all applicable Orders, constitutes the entire understanding between the parties with respect to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties with respect thereto. All Orders, policies, and guidelines referenced in this agreement are part of this agreement. Except for OnCourse Learning's right to amend this agreement as described in this agreement, no amendment to this agreement will be effective unless it is in writing and signed by both parties.
21.12 The terms "including," "includes," and "include" are to be read as if they were followed by the phrase "without limitation." Whenever reference is made in this agreement to "days," the reference means calendar days, not business days, except as otherwise specified. The headings of this agreement are for reference only and do not affect the meaning or interpretation of this agreement.
22. Contact Information
Except as otherwise stated on the Service, the Service is offered by OnCourse Learning, Inc., a Wisconsin corporation, located at N19W24075 Riverwood Drive, Suite 200, Waukesha, WI 53188.