Last Modified: May 2, 2019
3. Accessing the Website Account Security.
4. Integrated Service.
5. Intellectual Property Rights.
The Company may make available (for a fee) on the Website certain educational videos, exercises, and related supplementary materials that are owned by the Company or its third-party licensors (collectively, the “Licensed Educational Content”). The Company grants to you a non-exclusive, non-transferable right to access to and use the Licensed Educational Content as made available on the Website by the Company solely for your personal, non-commercial purposes. Unless expressly indicated on the Website that a particular item of Licensed Educational Content is made available to users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
6. Prohibited Uses.
(1) for any commercial use or purpose, including the sale of advertising, sponsorships or promotions placed on or within the Website or content, unless expressly permitted by the Company in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
(2) to rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses for any Website Materials;
(3) to post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
(4) to post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
(5) to impersonate any person or entity (including, without limitation, by using email addresses or screen names associated with the foregoing), falsely claim an affiliation with any person or entity, or access the Website accounts of others, or perform any other fraudulent activity;
(6) to delete the copyright or other proprietary rights on the Website or on any Licensed Educational Content or User Content;
(7) to assert, or authorize, assist, or encourage any third party to assert, against the Company or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content or User Content you have used, submitted, or otherwise made available on or through the Website;
(8) to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
(9) for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data and protection and privacy, or those designed to protect minors from exploitation or harm on the internet;
(10) to defame, harass, abuse, threaten or defraud users of the Website, or collect, or attempt to collect, personal information about users or third parties without their consent;
(11) to remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Educational Content, or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Educational Content, or User Content;
(12) to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(13) to modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by the Company herein or to the extent the foregoing restriction is expressly prohibited by applicable law;
(14) to intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including, without limitation, by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; or
(15) in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website, including such other party’s ability to engage in real time activities through the Website.
7. User Content.
The Company may permit the posting, publishing, and/or submitting by you and other users of notes, questions, comments, testimonials, ratings, reviews, and other communications (collectively, “User Content”). By posting, submitting, or distributing User Content on or through the Website you acknowledge that the Company does not guarantee any confidentiality with respect to such User Content, and you hereby grant to the Company a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). By posting, submitting or distributing User Content through the Website, you further grant to each other user of the Website a non-exclusive license to access and use your User Content in any manner permitted or made available by the Company on or through the Website. You are solely responsible for your User Content and the consequences of posting, creating, or publishing it. You represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents and permissions to use and to authorize the Company and other users of the Website to use, and distribute, your User Content, and that your User Content does not and will not infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property right. You agree not to upload any User Content with any virus, spyware, or other malicious code.
During the course of your use of the Website, you will be exposed to User Content of other users, and the Company is not responsible for the accuracy, usefulness, or potential violation of the intellectual property rights of third parties with respect to such User Content. You may further be subject to User Content of other users that is inaccurate, offensive, indecent or objectionable, and agree to waive, and do hereby waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto. The Company does not endorse any User Content or any opinion, recommendation or advice expressed therein and disclaims any and all liability in connection therewith.
8. Paid Services.
By the Company: The Company, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with the Company or your use of the Website and remove and discard all or any part of your account and/or User Content, at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account you may have, or portion thereof, may be affected without prior notice, and you agree that the Company will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity. As discussed above, the Company does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted by any users who are found to be repeat infringers.
10. Changes to the Website.
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice, at any time and from time to time, on a temporary or permanent basis. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Website. We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
11. Links from the Website.
The Website may include links or references to other web sites or services solely as a convenience to users (“Reference Sites”). The Company does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. The Company does not own or control the Reference Sites, and assumes no responsibility for the content, privacy policies or practices of any third party websites. In addition, the Company cannot and will not censor or edit the content of any third party site.
12. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. No Academic Credit.
14. Limitation on Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, NOR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
The Website is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
16. Governing Law and Jurisdiction.
18. Limitation on Time to File Claims.
19. Waiver and Severability.
21. Entire Agreement.
The Website is hosted in the United States, and the services provided hereunder are offered by the Company;
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