Terms of Service
Terms and Conditions of http://www.courseography.com and all subdomains including teach.courseography.com and learn.courseography.com.
The following terms and conditions (collectively, these "Terms and Conditions") apply to your use of http://www.courseography.com, including any content, functionality and services offered on or via http://www.courseography.com (the "Website"). Courseography is a California limited liability company.
Please read the Terms and Conditions carefully before you start using Courseography, because by using the Website you accept and agree to be bound and abide by these Terms and Conditions.
These Terms and Conditions are effective as of March 7, 2018.
We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
If you use the Website to create a profile, propose a course, or connect with schools and learning organizations, you are an "Instructor."
If you are a learning organization (enrichment school, training center, university extension office, college continuing education program, parks and recreation department, conference organizer, online course company etc.) and use the Website to search for instructors, view and save course proposals, contact instructors, you are a "Provider."
The Website gives you access to the services and functionality we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts or services for different types of users, such as Instructors and Providers. You may never use another user's account without permission.
By providing Courseography your email address, you consent to our using the email address to send you Website-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other communications, such as changes to features of the website, application, and marketing information. If you do not want to receive such email messages, you may opt out by contacting Courseography and your email will be removed. Opting out may prevent you from receiving email communications regarding updates, improvements, offers, or information about the Website that may suit you if you are an Instructor. By submitting your name and email to create a profile for use on the Website, you give us permission to store your account information (profile information and/or course proposals) and to share your information with any Provider using the Website.
By using the Website, you acknowledge that we do not have control over the quality, timing, legality, or accuracy of the information uploaded to the Website by users. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Instructors or Providers. We do not refer or recommend either Instructors or Providers, nor do we make any representations about the integrity, responsibility or actions of Instructors or Providers whether in public, private or offline interactions.
You may control your profile information and how you interact with the Website by changing the settings in your account and portal pages. When creating your account or uploading information to the Website through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Courseography immediately of any breach of security or unauthorized use of your account. Courseography will not be liable for any losses caused by any unauthorized use of your account.
In addition to submitting Course Proposals through the Website, your proposals will become part of the Website’s proposal library (the “Course Proposal Library”). Providers who have registered to access the Course Proposal Library will be able to access and view your proposals and the information you provide on your proposals, including your name, email address, as applicable. Please provide minimal personally identifiable information about yourself. Do not include sensitive information, such as your social security number or banking information.
You are solely responsible for their interactions with Providers that you contact, or that contact you, through the Website. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your instructor profile or course proposals or outline that you provide through the Website. Only list the contact information on your proposal that you are comfortable disclosing to Providers and other users of the Website.
You agree that Courseography is not responsible or liable for the conduct of any Provider.
If you are accessing the Course Proposal Library as a Provider, then subject to the terms and conditions of this Agreement, Courseography hereby grants you as a Provider a limited, revocable, non-transferable, non-exclusive right to access the Course Proposal Library from the Website for the limited purpose of viewing course proposals. If you use or access the Course Proposal Library as a Provider, you agree to comply with the following rules regarding access to the Library:
The Course Proposal Library shall only be used by the Provider for the purpose of seeking instructors, speakers, presenters etc. for the Provider.
The Course Proposal Library shall not be used to send unsolicited emails or advertising of a Provider’s or a third party’s services, unless approved by Courseography.
The Provider shall implement appropriate physical, technical, and administrative measures to protect the data within the Course Proposal Library from loss, misuse, unauthorized access, disclosure, alteration or destruction.
The Course Proposal Library shall only be used and accessed by Provider in accordance with privacy, data protection and other applicable laws and regulations.
The Course Proposal Library shall not be used in any way that, in the sole discretion of Courseography, adversely affects Courseography business, performance of the Website, or interferes with the ability, of others to access the Course Proposal Library.
Billing and refunds
You may cancel your User account at any time; however, there are no refunds for cancellation. In the event that Courseography suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Website, any content or data associated with your account, or for anything else.
Conduct on Website
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website.
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
- Impersonates any person or entity, including any of our employees or representatives
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Courseography.
You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website.
Third Party Websites
This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.
These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.
Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of Courseography is at your sole risk. The Website is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party's property or information.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COURSEOGRAPHY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COURSEOGRAPHY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COURSEOGRAPHY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. IN NO EVENT SHALL COURSEOGRAPHY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COURSEOGRAPHY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COURSEOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Courseography 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 entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Term and termination
This Terms and Conditions will become effective in relation to you when you create a Courseography account or when you start using Courseography and will remain effective until terminated by you or by us.
Courseography reserves the right to terminate this Terms and Conditions or suspend your account at any time in case of unauthorized, or suspected unauthorized use of the Website whether in contravention of this Terms and Conditions or otherwise. If Courseography terminates this Terms and Conditions, or suspends your account for any of the reasons set out in this section, Courseography shall have no liability or responsibility to you.
This Agreement contains an Arbitration provision, which will, with limited exception, require you to submit disputes you have against Courseography and its affiliates to binding and final arbitration. You will only be permitted to pursue claims against Courseography on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis and no more than the cost of what you paid for a service subscription.
You agree that any and all disputes or claims that have arisen or may arise between you and Courseography or its affiliates, whether relating to the Website, this Agreement (including any alleged breach thereof), or otherwise (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and Courseography. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Courseography may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You and Courseography agree that any arbitration shall be limited to the Dispute between Courseography and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Courseography may assign this Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.
These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the United States without giving effect to any choice or conflict of law provision or rule.
Any proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the United States.
If you have any questions regarding these Terms and Conditions, please contact us at email@example.com.