THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE SITE AND COURSE CONTENT, YOU IRREVOCABLY ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS TO THE SITE OR COURSE CONTENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SITE AND COURSE CONTENT, AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE AND COURSE CONTENT, IN WHICH CASE YOU SHOULD CEASE ACCESSING OR USING THE SITE AND COURSE CONTENT IMMEDIATELY. CONNECT FOR EDUCATION, INC. MAKES THE INFORMATION ON THIS SITE AND COURSE CONTENT AVAILABLE TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THIS EULA. THESE TERMS APPLY TO ALL USERS, INCLUDING VISITORS TO THE SITE, AND REGISTERED REVIEWERS, INSTRUCTORS, AND STUDENTS AUTHORIZED TO ACCESS COURSE CONTENT OR SUBMIT CONTENT TO A COURSE OR COURSES. IF YOU WISH TO BECOME A REGISTERED USER, COMMUNICATE WITH OTHER REGISTERED USERS AND MAKE USE OF CONNECT FOR EDUCATION, INC. SERVICES, YOU MUST READ THIS AGREEMENT, INDICATE YOUR AGREEMENT, AND ALSO INDICATE YOUR ACCEPTANCE DURING THE COURSE SETUP REQUEST AND/OR COURSE REGISTRATION PROCESS.
You agree that the Site and Course Content, including but not limited to its editorial content, postings, links to other Internet resources or service providers, and descriptions of those resources, audio clips, images, instructional features, and the scripts and software used to implement Site and Course Content functionality are owned by C4E and/or its licensors, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No portion of the Site and Course Content may be reproduced in any form or by any means, except as expressly permitted in the terms of this Agreement or in writing by C4E.
THE USE OF THE SOFTWARE OR ANY PART OF THE SITE AND COURSE CONTENT, EXCEPT FOR USE OF THE SITE AND COURSE CONTENT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO C4E 2 CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Connect For Education, the Connect For Education logo, C4E, and other Connect For Education trademarks, service marks, graphics, and logos used in connection with the Site and Course Content are trademarks or registered trademarks of Connect For Education, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Site and Course Content may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
As a user of the Course Content in good standing, you may be provided with access to download certain copyrighted content as part of your Course Content. Such access is provided as an accommodation only, and C4E does not warrant, and will not have any liability or responsibility for such copyrighted content or your use thereof. Copyrighted content is provided for personal, non-commercial use only. You agree that you will not use such copyrighted content in any manner that would infringe or violate this Agreement or the rights of any other party, and that C4E is not in any way responsible for any such use by you.
C4E grants you a non-exclusive, non-transferable, non-commercial, revocable, limited license to use the Site and Course Content in accordance with this Agreement for the sole purpose of reviewing, offering, or taking Course Content published by C4E at the institution of higher learning where you are either teaching or pursuing a course of study.
You agree that you will not use any of the proprietary information and materials in the Site or Course Content in any way whatsoever except for the use of the Site and Course Content in compliance with this Agreement.
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit any portion of the Site or Course Content, or make the Course Content available to any third party, (b) copy or use the Site or Course Content for any purpose other than as permitted by the Limited License terms above, (c) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels that belong to C4E or its licensors in the Site or Course Content, or (d) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or Course Content (except to the extent allowed by C4E for specific teaching purposes, in which case you agree to first contact C4E for an opportunity to create such changes as are needed from time to time), and you shall not exploit the Site or Course Content in any unauthorized way whatsoever, including, but not limited to, by electronic trespass or overloading network capacity. You may not release the results of any performance, survey, or functional evaluation of any part of the Site or Course Content to any third party without prior written approval of C4E for each such release.
Certain items of software included in the Site and Course Content are subject to “open source” or 3 “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for specific Open Source Software, C4E makes such Open Source Software, and C4E’s modifications to that Open Source Software, available by written request to C4E at the email or mailing address listed below.
Limitation Of Liability
In no event shall C4E, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct, or consequential, resulting from your use of the Site or Course Content. You agree to defend, indemnify, and hold C4E 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.
Your use of the Site and Course Content is at your sole risk. The Site and Course Content are provided on an “as is” and “as available” basis. The Site and Course Content are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a
particular purpose, non-infringement, or course of performance.
C4E, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure, or be available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site and Course Content will meet your requirements.
Notwithstanding any other provision of this Agreement, if you fail, or C4E suspects that you have failed, to comply with any of the provisions of this Agreement, C4E, at its sole discretion, reserves the right to change, suspend, remove, or disable your access to the Site or Course Content at any time without cause or notice, which may result in the forfeiture and destruction of all information associated with your activity in the Site or Course Content. In no event will C4E be liable for making these changes. C4E may also impose limits on the use of or access to certain features or portions of the Site and Course Content, in any case and without notice or liability to you or any third party. All provisions of this Agreement that by their nature should survive termination shall survive termination.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, United States, without giving effect to any principles of conflicts of law.
Changes To This Agreement
Notwithstanding any other provision of this Agreement, C4E reserves the right, at its sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. The most current version of the EULA is located at the bottom of our webpages. If you do not agree to any part or any changes to this Agreement, do not use, access, or continue to access the Site or Course Content, and discontinue any use of the Site and Course Content immediately.