Terms Of Use – Course Pics

Terms Of Use

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Terms of Use

Last revised: September 18, 2017

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AN AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS IN THE USA (UNLESS YOU OPT OUT), AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

INTRODUCTION

Digital Learning, LLC, dba CoursePics (hereinafter, “CoursePics”, “we”, or “us”), provides an online platform for learning through visual mnemonics. CoursePics is accessible online including at CoursePics.com and as an application for mobile devices (CoursePics’s websites and mobile applications are hereinafter collectively referred to as “the Services”). By accessing or using the Services, including by communicating with us or other CoursePics users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to, and use of, the Services and constitute a binding legal agreement between you and CoursePics.

Modification.  All of the provisions in the Terms, together with CoursePics’s Privacy Policy provided on the CoursePics Services (the “Policies”) constitute the “Agreement” between you and CoursePics.

CoursePics reserves the right, at our sole discretion, to modify our Services or to modify these Terms or the Policies at any time. If we modify these Terms or the Policies, we will post the modification on our Services. We will also update the “Last Revised” date at the top of these Terms or the Policies. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the Terms and Policies as modified. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your account.

If you have any questions for us concerning the Agreement or CoursePics generally, please contact us at the following info@coursepics.com.

 

GENERAL TERMS

Eligibility. Our Services are intended solely for persons who are 12 or older. Any use of the Services by anyone under 12 is expressly prohibited.

Registration. In order to access certain features of the Services you must sign up for an account with us (hereinafter a “CoursePics Account”) by providing us your email address and mobile phone number.

Ongoing Information Updates. You promise to update the information you have provided to CoursePics in the event of any changes to your contact information or background. Specifically, with respect to your contact information, CoursePics may deliver notices to you at the most recent email, telephone, or kitchen address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your CoursePics Account, whether or not you have authorized such activities or actions. You will immediately notify CoursePics of any actual or suspected unauthorized use of your CoursePics Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your account after you have reported unauthorized access to us.

Your Commitments. You agree that you will always use your account and the Services in compliance with these Terms, the Policies, applicable law, and any other policies and standards provided to you by CoursePics. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

  • breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation any tax regulations, licensing or registration requirements, third party rights or our systems Policies or determinations of your account status;
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to CoursePics, or that comes from the Services and belongs to another CoursePics user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of CoursePics;

Submit any false information, including:

  • submit any false information including name, date of birth, credit card, insurance, or other personal information;

Use CoursePics for your own unrelated purposes, including:

  • commercialize any content found on CoursePics or software associated with our Services, including Reviews;
  • harvest or otherwise collect information about users without both their and our consent;
  • recruit or otherwise solicit any user to join third party services or websites that are competitive to CoursePics, without CoursePics’s prior written approval;

Violations. CoursePics has the right, but not the obligation, to investigate, pursue, and seek to prosecute or litigate violations of the Agreement to the fullest extent permissible by the law. CoursePics may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against CoursePics or to comply with legal process (for example, subpoenas or warrants); to enforce or administer the Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of CoursePics, its employees, its users, or members of the public.

CoursePics reserves the right, at any time and without prior notice, to remove or disable access to any content that CoursePics, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Services or our community. If we believe you are abusing CoursePics, our users, or employees in any way or violating the letter or spirit of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, remove hosted content, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

Policy Enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying the terms of this Agreement. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

Collection of Fees. You must have a valid payment method on file and pay all fees associated with our Services at the time an order is placed. If your primary payment method fails, your purchase will not be completed and any later reversals initiated by you or on your behalf from your order payment method will be considered a breach of the payment terms unless such reversal is initiated by CoursePics. In addition, chargebacks will be charged with fees and/or charges that are incidental to the collection of chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third-party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by electronic mail or by phone, as provided to CoursePics by you. Such communication may be made by CoursePics or by anyone on its behalf, including but not limited to a third-party collection agent.

Communications with You. In order to contact you more efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Account or Account activity; investigate or prevent fraud; collect a debt owed to us. You agree that we, or our service providers, may contact you using autodialed or pre-recorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in making these communications, but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where CoursePics is required to obtain your consent for such communications, you may choose to revoke your consent.

You understand and agree that CoursePics may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with CoursePics or its agents for quality control and training purposes. You acknowledge and understand that your communications with CoursePics may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead through email.

LEGAL ISSUES

Subject to applicable law, you and CoursePics agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms or Policies, your use of or access to the Service or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Arizona, without regard to principles of conflict of laws, will govern the Agreement and any claim or dispute that has arisen or may arise between you and CoursePics, except as otherwise stated in the Agreement. These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Arizona and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Maricopa County, Phoenix, Arizona or a United States District Court for the District of Arizona located in Phoenix, Arizona.

Agreement to Arbitrate. You and CoursePics each agree that any and all disputes or claims that have arisen or may arise between you and CoursePics (including its respective subsidiaries, employees, officers, directors, and agents) relating in any way to or arising out of this or previous versions of the Terms of Service, your use of, or access to the Service, or any services sold, offered, or purchased through CoursePics’s Services or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND COURSEPICS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COURSEPICS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of heading “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide.

Where the relief sought is $25,000 or less, the arbitration will be conducted by Fair Claims in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is $25,001 or more, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.

A party who intends to seek arbitration must first send to the other, by email, a completed form Notice of Dispute (“Notice”). The Notice to CoursePics should be sent via email to noticeofdispute@CoursePics.com. Please provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from CoursePics.

If you and CoursePics are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or CoursePics may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the Fair Claims website or the AAA’s site. (The AAA provides a Demand for Arbitration form and a separate form for California residents.) Any settlement offer made by you or CoursePics shall not be disclosed to the arbitrator.

Any FairClaims arbitration hearing shall be held via videoconference. Any AAA arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. You or CoursePics may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and CoursePics subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or CoursePics may attend by telephone.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same CoursePics user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities

Costs of Arbitration. The cost of any FairClaims arbitration fees shall be split equally between you and CoursePics. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.

Severability. With the exception of any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, the Terms of Service, and its Legal Disputes Section will continue to apply.

Opt-Out Procedure. IF YOU ARE A NEW COURSEPICS USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO info@coursepics.com (“OPT-OUT NOTICE”)THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME.

In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your CoursePics Account(s) to which the opt-out applies to the email address provided above. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you.

Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed against CoursePics prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and CoursePics. If you do not agree to these amended terms, you may close your account within the 30 days of posting or notification and you will not be bound by the amended terms but will arbitrate any dispute in accordance with the provisions of the “Agreement to Arbitrate” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to CoursePics, you do NOT need to submit another one when the Terms of Service are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of the Terms.

Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between you and CoursePics must be resolved exclusively by a state, federal, or small claims court located in Phoenix, Arizona. You and CoursePics agree to submit to the personal jurisdiction of the courts located within Phoenix, Arizona for the purpose of litigating all such claims or disputes.

 

OTHER LEGAL MATTERS

CoursePics Content and User Content License. Subject to your compliance with the provisions of these Terms, CoursePics grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any CoursePics content solely for your personal and non-commercial purposes and access and view any user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CoursePics or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs of you, reviews, feedback, and descriptions of your use of the Services. By making available any content on or through the Services, or through CoursePics promotional campaigns, you hereby grant to CoursePics a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. CoursePics does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Copyright Protection. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can submit notice info@coursepics.com

Termination. You may discontinue your use of the Services at any time and CoursePics may terminate your access to the Services for any reason or no reason. Termination of access to the Services will not release either party from any obligations incurred prior to the termination and CoursePics may retain and continue to use any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those terms will survive any termination of this Agreement.

Disclaimers.  THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, COURSEPICS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CoursePics makes no warranty that the Services, including, but not limited to, the Services, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. CoursePics makes no warranty regarding the quality of any of the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from CoursePics or its service providers or through the Services or content, will create any warranty not expressly made herein.

Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST COURSEPICS AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “COURSEPICS PARTIES”) AND ANY COURSEPICS USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, A SERVICE NOT BEING DELIVERED ON TIME, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY US OR OTHER THIRD PARTY. NEITHER COURSEPICS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. In no event will CoursePics’s aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of the amounts you have paid or owe for purchases via the Services as a customer in the twelve month period prior to the event giving rise to the liability. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COURSEPICS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold CoursePics and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

General. This Agreement states the entire understanding between you and CoursePics concerning your access to and use of the CoursePics Services and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of CoursePics. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. A CoursePics Director or Officer must agree to any modification or waiver of any term of this Agreement in writing. CoursePics’s failure to exercise any right under this Agreement will not constitute a waiver of any other right CoursePics may have.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Except as otherwise provided in this Agreement, if any provision of these Terms are held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

CoursePics can be contacted at the follow info@coursepics.com If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.

Fees. You are responsible for paying all fees at the time of purchase. You authorize CoursePics to charge any payment methods on file in your account for all amounts due, and you further represent and warrant that you have the right to make this authorization.

Taxes. You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor. It is your sole responsibility to comply with all such tax laws and regulations.

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