Users' Acceptance of Terms and Conditions
For Coursecommunity.com
By using this site, you agree to the terms and conditions that
we have provided. If you do not wish to agree to the outlined terms
and conditions, please refrain from using our site.
TERMS OF USE
1. General.
This agreement sets forth the terms and conditions that apply to the use of this Site by the
Site Visitor. By using this Site (other than to read this Agreement for the first time),
Site Visitor agrees to comply with all of the terms and conditions hereof. The right to use
this Site is personal to Site Visitor and is not transferable to any other person or entity.
Site Visitor shall be responsible for protecting the confidentiality of Site Visitor's password(s),
if any. Site Visitor acknowledges that, although the Internet is generally a secure environment,
sometimes there are interruptions in service or events that are beyond the control of
Coursecommunity.com, and Coursecommunity.com shall not be responsible for any data lost
while transmitting information on the Internet.
Coursecommunity.com shall have the right at any time to change or discontinue any aspect or
feature of Coursecommunity.com, including, but not limited to, content, functionality,
hours of availability and equipment needed for access or use.
2. Modified Terms.
Coursecommunity.com reserves the right at all times to discontinue or modify any of our
Terms of Use and/or our Privacy Policy as we deem necessary without prior
notification to you. We suggest that you re-read this important notice
containing our Terms of Use and Privacy Policy from time to time in order that you stay
informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy
and you continue to use our Site, you are impliedly agreeing to the Terms of Use and
Privacy Policy expressed herein. Any such deletions or modifications shall be effective
immediately upon Coursecommunity.com's posting thereof. Any use of Coursecommunity.com by Site Visitor
after such notice shall be deemed to constitute acceptance by Site Visitor of such modifications.
3. Equipment.
Site Visitor shall be responsible for obtaining and maintaining all equipment and services needed
for access to and use of this Site and all charges related thereto.
Coursecommunity.com shall not be liable for any damages to the Site Visitor's equipment resulting
from the use of this Site.
4. Site Visitor Conduct.
This Site is private property. All interactions on this Site must comply with
these Terms of Use. Site Site Visitors must restrict any and all activity in connection
with the use of this Site to that which involves lawful purposes only.
Site Visitor shall not post or transmit through this Site any material which violates or
infringes in any way upon the rights of others, or any material which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any law, or which, without Coursecommunity.com's
express prior approval, contains advertising or any solicitation with respect to products
or services. Any conduct by an Site Visitor that in Coursecommunity.com's exclusive discretion
restricts or inhibits any other Site Visitor from using or enjoying this Site is strictly prohibited.
Site Visitor shall not use this Site to advertise or perform any commercial, religious, political or non-commercial
solicitation, including, but not limited to, the solicitation of users of this Site
to become users of other online or offline services directly or indirectly
competitive or potentially competitive with Coursecommunity.com.
The foregoing provisions of this Section 4, Site Visitor Conduct, apply equally to and are for the benefit of
Coursecommunity.com, its subsidiaries, affiliates and its third party content providers
and licensors, and each shall have the right to assert and enforce such provisions
directly or on its own behalf.
5. Copyright and Trademarks.
Everything located on or in this Site, is the exclusive property
of Coursecommunity.com, Inc. or used with express permission of the copyright
and/or trademark owner. any copying, distributing, transmitting, posting, linking, or otherwise
modifying of this site without the express written permission of Coursecommunity.com, LLC is
strictly prohibited. Any violation of this policy may
result in a copyright, trademark or other intellectual property right infringement that
may subject Site Visitor to civil and / or criminal penalties.
This Site contains copyrighted material, trademarks, and other proprietary information,
including, but not limited to, text, software, photos, video, graphics, sound,
and the entire contents of Coursecommunity.com protected by copyright as a collective
work under the United States copyright laws. Site Visitor may not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. Site Visitor may download / print / save
copyrighted material for Site Visitor's personal use only. Except as otherwise expressly
stated under copyright law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material without the express permission of Coursecommunity.com and the copyright
owner is permitted. If copying, redistribution or publication of copyrighted material is
permitted, no changes in or deletion of author attribution, trademark legend or copyright
notice shall be made. Site Visitor acknowledges that he/she/it does not acquire any ownership
rights by downloading copyrighted material. Trademarks that are located within or on the
Site or a Web site otherwise owned or operated in conjunction with Coursecommunity.com shall
not be deemed to be in the public domain but rather the exclusive property of Coursecommunity.com,
unless such site is under license from the Trademark owner thereof in which case isuch license
is for the exclusive benefit and use of Coursecommunity.com, unless otherwise stated.
Site Visitor shall not upload, post or otherwise make available on this Site any material
protected by copyright, trademark or other proprietary right without the express permission
of the owner of the copyright, trademark or other proprietary right. Coursecommunity.com does not
have any express burden or responsibility to provide Site Visitor with indications, markings or
anything else that may aid Site Visitor in determining whether the material in question is
copyrighted or trademarked. Site Visitor shall be solely liable for any damage resulting from
any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of this Site, Site Visitor
warrants that the owner of such material has expressly granted Coursecommunity.com the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such material. Site Visitor
also permits any other Site Visitor to access, view, store, or reproduce the material for that
Site Visitor's personal use. Site Visitor hereby grants Coursecommunity.com the right to edit, copy,
publish, and distribute any material made available on this Site by Site Visitor.
The foregoing provisions of Section 5, Copyright and Trademark, apply equally to and are for the benefit of
Coursecommunity.com, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
SITE VISITOR EXPRESSLY AGREES THAT USE OF THIS SITE IS AT SITE VISITOR'S SOLE RISK.
NEITHER COURSECOMMUNITY.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT COURSECOMMUNITY.COM
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SITE.
THIS SITE ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. SITE VISITOR SPECIFICALLY ACKNOWLEDGES THAT
COURSECOMMUNITY.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
SITE VISITOR.
IN NO EVENT SHALL COURSECOMMUNITY.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, AND ANY SOFTWARE, BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. SITE VISITOR
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS
SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER COURSECOMMUNITY.COM, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION,
FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY
OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE SITE VISITOR, OR FOR ANY CLAIMS OR
LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE
LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
COURSECOMMUNITY.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN
UNAUTHORIZED USER MAY POST ON ITS THIS SITE. ANY CONTENT THAT IS
POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY
COURSECOMMUNITY.COM. MOREOVER, COURSECOMMUNITY.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER,
DELETE, PROHIBIT ANY AND ALL CONTENT THAT IT, COURSECOMMUNITY.COM, DEEMS UNSUITABLE.
7. Monitoring.
Coursecommunity.com shall have the right, but not the obligation, to monitor the content of
the Site at all times, including any chat rooms and forums that may hereinafter be included
as part of the Site, to determine compliance with this Agreement and any operating rules
established by Coursecommunity.com, as well as to satisfy any applicable law, regulation
or authorized government request. Without limiting the foregoing, Coursecommunity.com shall
have the right to remove any material that Coursecommunity.com, in its sole discretion,
finds to be in violation of the provisions hereof or otherwise objectionable.
8. Privacy.
Site Visitor acknowledges that all discussion for ratings, comments, bulletin board service,
chat rooms, and/or other message or communication facilities (collectively "Communities")
are public and not private communications, and that, therefore, others may read Site Visitor's
communications without Site Visitor's knowledge. Coursecommunity.com does not control or
endorse the content, messages or information found in any community, and, therefore,
Coursecommunity.com specifically disclaims any liability concerning the communities and any
actions resulting from Site Visitors participation in any community, including any objectionable
content. Generally, any communication which Site Visitor posts to Coursecommunity.com
(whether in chat rooms, discussion groups, message boards or otherwise) is considered to be
non-confidential. If particular web pages permit the submission of communications that will
be treated by Coursecommunity.com as confidential, that fact will be stated on those pages.
By posting comments, messages or other information on the Site, Site Visitor grants
Coursecommunity.com the right to use such comments, messages or information for promotions,
advertising, market research or any other lawful purpose. For more information see
Coursecommunity.com's Privacy Policy.
9. License Grant.
By posting communications on or through this Site, Site Visitor shall be deemed to have
granted to Coursecommunity.com a royalty-free, perpetual, irrevocable, non-exclusive
license to use, reproduce, modify, publish, edit, translate, distribute, perform, and
display the communication alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such rights through multiple
tiers of sublicensees.
10. Indemnification.
Site Visitor agrees to defend, indemnify and hold harmless Coursecommunity.com, its affiliates
and their respective directors, officers, employees and agents from and against all claims
and expenses, including attorneys' fees, arising out of the use of this Site by Site Visitor.
11. Termination.
Either Coursecommunity.com or Site Visitor may terminate this Agreement at any time.
Without limiting the foregoing, Coursecommunity.com shall have the right to immediately
terminate any passwords or accounts of Site Visitor in the event of any conduct by
Site Visitor which Coursecommunity.com, in its sole discretion, considers to be unacceptable,
or in the event of any breach by Site Visitor of this Agreement. The provisions of Sections
2, 4, 5, 6, 8, 9, 10 will survive termination of this Agreement.
12. Third Party Content.
Coursecommunity.com, similar to an Internet Service Provider, is a distributor
(and not a publisher) of content supplied by third parties and Site Visitors. Accordingly,
Coursecommunity.com has no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements, services, offers,
or other information or content expressed or made available by third parties, including
information providers, or any other Site Visitors are those of the respective author(s)
or distributors) and not of Coursecommunity.com. Neither Coursecommunity.com nor any
third-party provider of information guarantees the accuracy, completeness, or usefulness
of any content, nor its merchantability or fitness for any particular purpose.
(Refer to Section 5 above for the complete provisions governing limitation of liabilities
and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and
judgments of the respective information provider, Site Visitor, or other user not under
contract with Coursecommunity.com. Coursecommunity.com neither endorses or is responsible
for the accuracy or reliability of any opinion, advice, or statement made on Coursecommunity.com
by anyone other than authorized Coursecommunity.com employee spokespersons while acting in
official capacities. Under no circumstances will Coursecommunity.com be liable for any
loss or damage caused by an Site Visitor's reliance on information obtained through
Coursecommunity.com. It is the responsibility of Site Visitor to evaluate the accuracy,
completeness, or usefulness of any information, opinion, advice, etc., or other content
available through Coursecommunity.com.
Coursecommunity.com contains links to third party Web sites maintained by other content
providers. These links are provided solely as a convenience to you and not as an
endorsement by Coursecommunity.com of the contents on such third-party sites and
Coursecommunity.com hereby expressly disclaims any representations regarding the
content or accuracy of materials on such third-party Web sites. If Site Visitor decides
to access linked third-party Web sites, Site Visitor does so at its own risk.
14. Miscellaneous.
As we continue to develop our business, we might sell or buy assets. In such transactions,
customer information generally is one of the transferred business assets. Also, in the
unlikely event that Coursecommunity.com, or substantially all of its assets
are acquired, customer information will of course be one of the transferred assets.
This Agreement and any operating rules for Coursecommunity.com established by
Coursecommunity.com constitute the entire agreement of the parties with respect to
the subject matter hereof. No waiver by either party of any breach or default
hereunder is a waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall be of no legal force or effect.
Coursecommunity.com's headquarters are in Walnut Creek, California. Legal issues arising out of,
but not exclusive to the use of, this Site (unless otherwise specifically stated) are governed
by and in accordance with the laws of the State of California. By using this Site, Site Visitor
agrees that the exclusive forum for the bringing of any claims or causes of action arising
out of or relating to Site Visitors use of the Site (unless otherwise specifically stated) is
the United States District Court for Northern California, or if such court lacks subject matter
jurisdiction, the Supreme Court of California. Site Visitor hereby accepts and submits to the
jurisdiction of such court in any such proceeding or action, and irrevocably waives, to the
fullest extent permitted by law, any objection which Site Visitor may now or hereinafter
have to the laying of the venue of any such action or proceeding brought in such a court and
any claim that any such action or proceeding brought in such a court has been brought in an
inconvenient forum.