Terms Of Use – Course Pics

Terms Of Use

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Terms Of Use

WELCOME TO COURSEPICS.COM

The following is an agreement (“Agreement”) between you (or “Customer”) and Digital Learning, LLC, dba CoursePics, an Arizona limited liability company (“CoursePics”). Please read this Agreement very carefully because by using our site and products you are agreeing to comply by these terms.

By accessing, browsing, subscribing to, and using this website, any platforms, or any mobile application offered by CoursePics, or the products and services offered by CoursePics (collectively, the “Services”), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Services.

The material provided in the Services is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Services are controlled and operated by CoursePics from its offices within the United States. CoursePics makes no representation that materials in the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.

1. RELATIONSHIP

Unless otherwise agreed in writing, your agreement with CoursePics will always include, at a minimum, the terms set forth herein. CoursePics may revise, add or remove any or all parts of these terms at any time, at our sole discretion, without notice by posting such revised or updated terms to our website. Any changes to this Agreement will become effective at the time such new terms are posted by CoursePics. You are responsible for regularly reviewing these terms for any changes. Your continued usage of any of our products or websites is your acknowledgement that you accept this Agreement and its amendments.

2. OWNERSHIP AND PROPRIETARY INFORMATION

The content and information in the Services is proprietary to CoursePics. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any materials, information, software, content, products or services obtained from or through the Services.

3. USE RESTRICTIONS AND INTELLECTUAL PROPERTY

TThe Services contain copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of are protected under the United States copyright laws. The copyright in all material provided in the Services is held by CoursePics or its licensors. You 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. Except as expressly permitted by CoursePics, nothing from the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of CoursePics or the copyright owner.

You also may not, without CoursePics’s permission, “mirror” any material contained in the Services on any other server. Any unauthorized use of any content contained in the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You will not upload, post or otherwise make available in the Services 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. You will indemnify CoursePics for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you. By submitting material to a public area of the Services, you grant CoursePics the right to edit, copy, publish and distribute any such materials.

4. U.S. GOVERNMENT RESTRICTED RIGHTS

The materials in the Services are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of CoursePics’s proprietary rights in them.

5. TRADEMARKS

“CoursePics” is a trademark of CoursePics. It, together with other trademarks that are located within the Services shall not be deemed to be in the public domain but rather the exclusive property of CoursePics, unless such mark is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of CoursePics unless otherwise stated.

6. INFORMATION “AS IS” AND AVAILABILITY OF SERVICES

INFORMATION IN THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY COURSEPICS ON AN “AS IS” BASIS ONLY. COURSEPICS PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. THE INFORMATION PROVIDED IN THE SERVICES SHOULD BE USED SOLELY FOR EDUCATIONAL PURPOSES AND IS NOT A SUBSTITUTE FOR EXAMINATION BY A PROFESSIONAL OR THEADVICE OF ANY TYPE OF PROFESSIONAL, INCLUDING MEDICAL OR LEGAL PROFESSIONALS. COURSEPICS WILL USE REASONABLE EFFORTS TO MAINTAIN THE SITE AND CORRECT ANY ERRORS THAT OCCUR. YOU AGREE THAT COURSEPICS PROVIDES NO REPRESENTATIONS AND WARRANTIES THAT ACCESS TO THE SERVICES WILL BE UNIMPEDED AND YOU AGREE THAT ACCESS TO THE SERVICES MAY BE SUSPENDED IN THE CASE OF TECHNICAL ERRORS, VIRUSES, INTERNET AND MOBILE NETWORK ERRORS, AND THE LIKE. YOU AGREE AND UNDERSTAND THAT COURSEPICS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR SUCH SUSPENSIONS OF ACCESS TO THE SERVICES.

7. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,SHALL COURSEPICS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT OFFERED IN THIS SERVICES, EVEN IF COURSEPICS OR A COURSEPICS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.

8. MOBILE APPLICATION AVAILABILITY; PROVIDER CHARGES

In order to use the mobile application offered by CoursePics, you are required to have a compatible mobile phone or other handheld device, internet access, and the necessary minimum software specifications. CoursePics is not responsible, shall not be held liable, and makes no representations or warranties regarding charges to you from your internet or mobile network provider for data streaming or otherwise access to the Services. Please check with your internet or mobile network provider for applicable data charges.

9. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Utah (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior to any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Salt Lake County, Utah and the parties irrevocably waive any objection to such venue.

10. TRANSMISSIONS

Any material, information or idea you transmit to or post in the Services by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by CoursePics or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to CoursePics will be handled in accordance with CoursePics’s Privacy Policy. You are prohibited from posting or transmitting to or from the Services any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

11. END USER COMMUNICATIONS

CoursePics, at any time now or in the future, may allow you and other end users to use the Services to express opinions and communicate through comments, discussion groups, or other communication facilities that may be offered in or through the Services from time to time (collectively “Communities”). In the event of the existence of such Communities, CoursePics shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by CoursePics, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, CoursePics shall also have the right, but not the obligation, to remove any material from the Communities that CoursePics, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of CoursePics.

By posting any materials, feedback, or other information on or through the Communities, you grant CoursePics a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.

The Services may contain links to websites maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.

12. OWNERSHIP AND PROPRIETARY INFORMATION

The content and information in the Services is proprietary to CoursePics. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any materials, information, software, content, products or services obtained from or through the Services.



Refferal Program

The Referral Program, Generally. This section governs your eligibility to participate in the referral program (“Referral Program”) offered by CoursePics. By participating in the Referral Program, you may qualify to receive credit for free access to the Services for the time period specified below by referring friends to become first-time CoursePics subscribers. Any Reward (defined below) that you earn in connection with the Referral Program shall be limited to your CoursePics area of study. You are eligible to participate in the Referral Program only if you have registered a CoursePics account and if your participation in the Referral Program complies with this Agreement.

You may send referral invitations only to friends or individuals who consent to receiving invitations to subscribe to CoursePics. You must comply with any applicable laws, rules, and regulations, in addition to this Agreement.

REFERRING A FRIEND

How to Refer a Friend. To participate in the CoursePics Referral Program, sign in to your CoursePics account and follow the directions on the My Referrals page (www.CoursePics.com/referrals) to invite friends to CoursePics to become a first-time CoursePics subscriber (“First-Time Purchasers”). You will not receive Reward for purchases made by a CoursePics purchaser who is not a First-Time Purchaser. All referrals must include a unique link generated on the CoursePics My Referrals page. You are not eligible to receive Reward or participate in the Referral Program for an invitation or referral made outside the My Referrals page.

What You Get – Discount and Rewards. The Company will log when a First-Time Purchaser accepts your valid invitation and purchases a CoursePics Service (a “Qualifying Purchase”). In the avoidance of doubt, a Qualifying Purchase means any purchase made by a First-Time Purchaser via CoursePics that is greater than $0 in value. A trial account or other free promotional subscription to a CoursePics Service in which a referee does not purchase any CoursePics Service does not constitute a Qualifying Purchase. For the purposes of this Referral Program, each First-Time Purchaser may make one Qualifying Purchase.

First-Time Purchasers may receive a twenty percent (20%) discount towards any fixed length CoursePics subscription upon clicking a referral link to accept the referral invitation and subscribe to the CoursePics Services (“Referral Discounts”). Referral Discounts are not applicable toward monthly subscriptions.

For every two Qualifying Purchases made by your referrals, within a commercially reasonable amount of time, you will receive one (1) free month of access in your area of study (each such free month, a “Reward”).

When You Receive Your Reward. If you are a month-to-month CoursePics subscriber, any Reward will be credited during the billing period following the billing period in which you earned the Reward. For all other paying CoursePics subscribers, any Reward will be added to the end of your existing subscription term. There is no maximum number of Rewards that you are eligible to receive.

Special Terms for Campus Advocates. This section applies only to CoursePics users who are a member of CoursePics’s Campus Advocate Program. Any Campus Advocate whose referrals make 20 Qualifying Purchases, such that the Campus Advocate earns ten (10) Rewards, is eligible to receive a free CoursePics for Life subscription. For the purposes of this Agreement, “CoursePics for Life” means a ten (10) year extension of access in your area of study. Any CoursePics for Life award pursuant to these Terms will be granted to a Campus Advocate within a commercially reasonable amount of time. Campus Advocates who have been awarded a CoursePics for Life subscription are no longer eligible to earn any additional Rewards. However, any such Campus Advocate can continue to refer friends, and those referees who are First Time Purchasers are still eligible to receive 5 Bonus CoursePicss (defined below) added to their account.

Terms Applicable to All Referrers. Any Reward (and for Campus Advocates, CoursePics for Life awards) may not be delayed, held, transferred, or otherwise redeemed. Rewards and CoursePics for Life may not be applied toward a purchase on CoursePics or exchanged for cash or any cash equivalent. Rewards and/or CoursePics for Life awards are void and no longer redeemable in the event you violate this Agreement.

Who Can Be a Referrer. No purchase is necessary to refer First-Time Purchasers to CoursePics. All you need is a free account with CoursePics…and the will to help us make studying easier and more effective for your classmates!

ACCEPTING A REFERRAL

Redeeming your Bonus Free Trial Tokens. Upon being referred to CoursePics through a valid Referral Program link sent to you by a referrer, you are eligible to receive 5 bonus free trial “CoursePicss” cards (“Bonus CoursePicss”) added to your free trial account.

Expiration. Bonus CoursePicss do not expire; provided, that CoursePics may remove Bonus CoursePicss from an account in its sole discretion.

ADDITIONAL TERMS GOVERNING THE REFERRAL PROGRAM

Violations of this Agreement. Rewards, CoursePics for Life awards, and Bonus CoursePicss are not transferable and may not be sold or exchanged for cash. Any failure to comply with this Agreement or any applicable law may result in cancellation of any applicable award under the Referral Program or suspension or termination of your participation in the Referral Program or of your CoursePics account, all in the sole and absolute discretion of CoursePics. Referral invitations and Bonus CoursePicss may expire in accordance with this Agreement. Participation in the Referral Program may be limited to CoursePics members located in certain countries or using certain currencies, and is void where prohibited by law. CoursePics reserves the right to modify or terminate the Referral Program at any time and for any reason. You are expressly prohibited from taking any action intended to circumvent the terms of this Agreement. CoursePics reserves the right to cancel or rescind Reward or CoursePics for Life awards if it determines in its sole and absolute discretion that any party has violated this Agreement for any reason, including, but not limited to, fraudulent or misleading referral activity (for example, by using multiple identities, email addresses or CoursePics accounts, otherwise providing false or misleading information, or conducting any kind of general shenanigans, funny business, or skullduggery with the intent to circumvent this Agreement) or if your CoursePics account is closed for any reason.

Your Relationship With CoursePics. Your participation in the Referral Program is voluntary. This Agreement does not, and shall not be construed to, create an employer-employee, agency, joint venture, or partnership relationship between you and CoursePics. You may only send valid referral invitations in accordance with this Agreement. You shall not, without CoursePics’s written permission, include any CoursePics trademarks or other CoursePics materials in your communications about the Referral Program. Do not misrepresent or embellish your relationship with CoursePics or write, say, or post anything you know is untrue or misleading. Do not make performance, price, or other claims about CoursePics Services. If someone has asked you to stop sending them messages about CoursePics, respect their request.

THE BACK TO SCHOOL SPECIAL GROUP BUY PROGRAM, GENERALLY.

These terms and conditions govern your eligibility to participate in the Back to School Special Group Buy Program offered by CoursePics (“Group Buy Program”) and are subject to and incorporated into CoursePics’s Terms of Use. You are only eligible for the Group Buy Program if you subscribe to and pay fees for the Back to School Special Subscription offered by CoursePics (“Group Buy Subscription”). By participating in the Group Buy Program, you may qualify to receive a partial refund of your Group Buy Subscription in exchange for you and other participating students in your Medical or Physician Assistant school meeting certain criteria (“Refund”). Any Refund earned in connection with the Group Buy Program shall be limited to your CoursePics area of study. No other promotional codes or specials may be applied concurrent with the Group Buy Program unless otherwise determined by CoursePics in its sole discretion. You must comply with any applicable laws, rules, and regulations in addition to this Agreement.

Participation in the Group Buy Program is void where prohibited by law. CoursePics reserves the right to modify or terminate the Group Buy Program at any time in its sole and absolute discretion.

CoursePics reserves the right to cancel or rescind any Refund or Account Extension if CoursePics determines in its sole discretion that any party has violated these Terms of Use, any Services Agreement or other agreement between you and CoursePics, or CoursePics’s Privacy Policy, including through any fraudulent or misleading referral activity (for example, by using multiple identities, email addresses or CoursePics accounts, otherwise providing false or misleading information, or conducting any kind of general shenanigans, funny business, skullduggery, or the like) or if the party’s CoursePics account is closed for any reason. CoursePics may terminate the Group Buy Program at any time and for any reason.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

In the event materials are made available in the Services by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to our designated agent as follows:

If you have any questions about these terms of use, please contact us at info@coursepics.com.

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