CARDINAL SCHOLARS TERMS OF SERVICE
Last Updated Date: 10/27/11
Course Hero, Inc. ("Course Hero
" or "we
") provides Cardinal Scholars, an online platform that connects tutors with individuals seeking tutoring services and other services related thereto (collectively, the "Services
") through our website, accessible at www.cardinalscholars.com (the "Site
"). The Services include the ability to schedule tutoring service sessions with Tutors (defined below) (each a "Lesson
"). Please read carefully the following terms and conditions ("Terms of Service
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN MEMBERS (DEFINED BELOW) AND PROVIDERS OF TUTORING SERVICES (EACH A "TUTOR
") FEATURED ON THE SITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT COURSE HERO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MEMBERS AND TUTORS (DEFINED BELOW). COURSE HERO HAS NO CONTROL OVER THE CONDUCT OF MEMBERS, TUTORS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Site, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, SCHEDULING A LESSON OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
How the Site, Application and Services Work
The Site and Services can be used to facilitate the provision of tutoring services. As stated above, Course Hero makes available a platform with related technology for Members to connect with Tutors online and arrange for the provision of the Lessons scheduled by Members. Course Hero is not a provider of tutoring services. Course Hero’s role is solely to facilitate the availability of the Site and Services. Similarly, Course Hero is not a contracting agent or representative of any Tutor featured on the Site and Services. Instead, Course Hero’s role is solely to facilitate the availability of the Site and Services for Members.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE PROVISION OF TUTORING SERVICES. COURSE HERO CANNOT AND DOES NOT CONTROL THE ACTIONS OF ANY TUTORS OR USERS OF THE SITE AND SERVICES. COURSE HERO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIONS OF TUTORS, THIRD PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS BETWEEN MEMBERS, TUTORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF LESSONS PROVIDED BY TUTORS ARE DONE AT THE MEMBER’S OWN RISK.
Eligibility; Account Registration and Usage
- In order to access certain features of the Site and Services, including to schedule and purchase Lessons as further described below, we will ask you to provide us with the information necessary to create an "Account" for your use of the Site and Services in order for you to become a "Member". The Site and Services are intended solely for persons who are 18 or older and by becoming a Member you represent and warrant you are 18 or older.
- When you register with Course Hero and set up your Account or schedule and purchase Lessons via the Site or Services, you: (i) agree to provide Course Hero with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize Course Hero, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to the transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
- ou are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You will immediately notify Course Hero of any unauthorized use of your username, password or Account.
- You agree that you will not permit, enable, introduce or facilitate persons who do not have an Account to have access to the features of the Site and Services only made available to Members.
Lesson Credits: Payments for Lessons
In order to pay for the Lessons Members schedule via the Site and Services, Members can purchase lesson credits from Cardinal Scholars ("Lesson Credits"). Lesson Credits are valued in USD currency. Lesson Credits can be accrued solely by Members. When you purchase Lesson Credits via the Site and Services, you will be required to provide customary billing information such as your name, payment method and billing address. You agree to pay Cardinal Scholars for the purchase of Lesson Credits initiated by you (or your agents) via the Site or Services and you hereby authorize Cardinal Scholars (and our designated payment processor) to charge the full amount to your chosen payment method. You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to your use of the Site and Services, if any. All fees for Lessons Credits are non-refundable except as expressly provided in these Terms of Service and you agree all sales are final. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for the amount of the purchase. The number, type and packages in which Lessons are offered for which you may redeem Lesson Credits via the Site and Services can change at any time. A current price list for Lessons and Lesson packages is accessible at www.cardinalscholars.com/about/faq.
Lesson Credits do not have an expiration date. Your Lesson Credits balance will be displayed on your Account profile. Lesson Credits accrued in multiple Accounts may not be combined into one Account. If the amount of Lesson Credits due for the Lessons and/or Lesson packages you have scheduled via the Site and Services is greater than your Lesson Credits balance at the time you wish to engage in the transaction, you will not be able to complete your transaction and will need to purchase additional Lesson Credits to make up the difference.
Except as explicitly provided herein, Lesson Credits are non-transferable and, except where required by law, cannot be redeemed for cash, check or credit, applied to any other Account and have no value outside of the Site and Services. Any attempt to do any of the foregoing is in violation of these Terms of Service and will result in an automatic termination of your rights to use the Lesson Credits.
Members are responsible for keeping track of the Lesson Credits in their Accounts. If for some reason there is a discrepancy concerning your balance of Lesson Credits, please contact us at firstname.lastname@example.org. Cardinal Scholars may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Cardinal Scholars’ sole discretion. Notwithstanding, Cardinal Scholars is not responsible if your Account or your Lesson Credits are used without your permission.
If for any reason you are not satisfied with a Tutor after receiving the first Lesson from such Tutor, Course Hero will refund your Account for the applicable amount of Lesson Credits. This refund policy is limited to the first Lesson that you receive from a Tutor and without limiting any other terms of these Terms of Service no credits will be given for unused Lesson Credits. You are not eligible if you schedule a future lesson with the same tutor. Please contact us at email@example.com with any questions related to refunds.
If you wish to cancel a Lesson please contact your tutor directly. You may cancel any Lesson more than twenty four (24) hours in advance of the scheduled Lesson time without charge for the Lesson (i.e. deduction from your Account of the applicable amount of Lesson Credits). If you cancel a scheduled Lesson with less than twenty four (24) hours notice to your tutor, Course Hero will deduct one half (1/2) the applicable amount of Lesson Credits from your Account. Notwithstanding the foregoing, if you cancel a Lesson within thirty (30) minutes of the scheduled Lesson time, Course Hero will deduct the entire applicable amount of Lesson Credits for the Lesson from your Account.
Course Hero does not endorse any Tutor and you are responsible for determining and confirming the identity and suitability of the Tutors contacted and interacted with as a result of your use, or use by any third party, of the Site and Services. We are not your agent or the agent of any Tutor. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors. By using the Site or Services, you, and any third party that may use the Site and Services, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Tutors or other third parties will be limited to a claim against the particular Tutor or the third parties who caused you, or such third party harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from Course Hero with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services.
Course Hero Referral Program
As a Member, by referring your friends to join the Site and Services and purchase Lessons, you may participate in our "Referral Program", which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to the Site and Services for which a Qualifying Referral (defined below) is completed, you may be eligible to receive a Lesson Credit (each a "Referral Reward").
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a "Qualifying Referral"): (i) you must invite a friend to use the Site and Services by sending such friend a link via the referral feature of the Site and Services and (ii) the friend who clicks the link must become a Member and purchase at least one (1) Lesson Credit via the Site and Services.
Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your Account. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Account. Referral Rewards accrued in multiple Accounts may not be combined into one Account. You may not earn Referral Rewards by creating multiple Accounts. By acquiring Referral Rewards, you agree and acknowledge that Course Hero is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Accounts.
Without limiting any other terms of these Terms of Service and subject to applicable law: (i) all Referral Rewards are forfeited if your Account is terminated or suspended for any reason, in sole discretion, or if Cardinal Scholars discontinues providing the Site and Services; (iii) Referral Rewards may be removed and/or deleted from your Account at any time for any reason in the sole discretion of Course Hero, including, but not limited to, as a result of your violation of these Terms of Service; and (iii) we may cancel, suspend, revoke, or otherwise limit your access to your Account if we suspect fraudulent, abusive, or unlawful activity with regard to your Referral Rewards.
The Site, Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Course Hero and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.
Key Content-related Terms
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Course Hero Content" means Content that Course Hero makes available through the Site or Services, including any Content licensed from a third party (e.g. Lesson re caps or other content posted by a Tutor), but excluding Member Content.
"Member Content" means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
"Collective Content" means, collectively, Course Hero Content and Member Content.
Licenses Granted by Course Hero to Course Hero Content and Member Content
Subject to your compliance with the terms and conditions of these Terms of Service, Course Hero grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Course Hero Content solely for your personal and non-commercial purposes; and (ii) to view any Member 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.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Course Hero or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
License granted by Member
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site or Services, you hereby grant to Course Hero a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content only on, through or by means of the Site or Services. Course Hero does not claim any ownership rights in any Member Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Course Hero and to the rights in such Member Content, as contemplated under these Terms of Service; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Course Hero’s use of the Member Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Course Hero respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright Policy for further information.
Third Party Services
You understand and agree that access to Lessons may require use of a third party website or service (each a "Third Party Service"). Your use of any Third Party Service is voluntary. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to partake of the Lessons you schedule and purchase via the Site or Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. Course Hero shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.
If you decide to provide feedback, comments and suggestions for improvements to the Site or Services ("Feedback"), you may do so by emailing us at firstname.lastname@example.org. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Site or Services, Course Hero’s name, any Course Hero trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Course Hero’s express written consent;
- Access, tamper with, or use non-public areas of the Site, Course Hero’s computer systems, or the technical delivery systems of Course Hero’s providers;
- Attempt to probe, scan, or test the vulnerability of any Course Hero system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Course Hero or any of Course Hero’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Course Hero or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Course Hero trademark, logo URL or product name without Course Hero’s express written consent;
- Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Course Hero will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Course Hero may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Course Hero has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Course Hero reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Course Hero, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Services.
The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that Course Hero is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Course Hero of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
Course Hero reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.
Termination and Account Cancellation
If you breach any of these Terms of Service, Course Hero will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Course Hero reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event Course Hero terminates these Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to email@example.com.
THE SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. COURSE HERO AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. COURSE HERO DOES NOT WARRANT THAT THE SITE, SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU ACKNOWLEDGE AND AGREE THAT COURSE HERO DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. COURSE HERO SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COURSE HERO OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS VIA LESSONS OR OTHERWISE. YOU UNDERSTAND THAT COURSE HERO DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF TUTORS OR USERS OF THE SITE OR SERVICES, NOR DOES COURSE HERO MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF TUTORS AND USERS OF THE SITE OR SERVICES. COURSE HERO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TUTORS OR USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS OR USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
You agree to defend, indemnify, and hold Course Hero, its 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 Site, Services or Collective Content, or your violation of these Terms of Service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER COURSE HERO NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT 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, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH TUTORS OR OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COURSE HERO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL COURSE HERO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO COURSE HERO FOR USE OF THE SITE, SERVICES OR COLLECTIVE CONTENT, IF YOU ARE HAVE MADE ANY PAYMENTS TO COURSE HERO, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT MADE ANY PAYMENTS TO COURSE HERO, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COURSE HERO 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.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Course Hero used herein are trademarks or registered trademarks of Course Hero. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms of Service constitute the entire and exclusive understanding and agreement between Course Hero and you regarding the Site, Services and Collective Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Course Hero and you regarding the Site, Services and Collective Content.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Course Hero’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Course Hero may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (i) by Course Hero via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You and Course Hero agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, "Disputes
") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and 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. You acknowledge and agree that you and Course Hero are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Further, unless both you and Course Hero otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service.
Arbitration Rules and Governing Law
. The arbitration will be administered by the American Arbitration Association ("AAA
") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules
") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
. Unless you and Course Hero otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Course Hero submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the Terms of Service of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Course Hero will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Course Hero will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
. Notwithstanding the provisions of the "Modification" section above, if Course Hero changes this "Dispute Resolution" section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Course Hero’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Course Hero in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
The failure of Course Hero to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Course Hero. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
Contacting Course Hero
If you have any questions about these Terms of Service, please contact Course Hero at email@example.com
or at 805 Veterans Blvd, Suite 109 Redwood City, CA 94063.