Website Terms and Conditions
Last updated May 06, 2014
1. Acceptance of Terms & Conditions
2. Changes to Terms & Conditions
We may update these Terms & Conditions from time to time. If we make any material changes, we will notify you by sending an email to the e-mail address specified in your account, if you have one, or by means of a notice on the Site prior to the change becoming effective. Your use of the Site after such notification shall constitute your acceptance of the modified Terms & Conditions.
In order to access certain features of the Site, you may be required to log in. When you log in, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You may not select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person. We reserve the right to refuse registration of, or cancel a user name, for any reason in our reasonable discretion.
4. Our Content; Ownership
Our Content. “Our Content” means all text, graphics, photographs, sounds, music, videos, images, artwork, trademarks, logos, user and visual interfaces, applications, computer code and associated documentation found on or associated with the Site (other than User Content (defined below)) including but not limited to the design, structural arrangement and “look and feel” of Our Content.
Our Content is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in these Terms & Conditions, none of Our Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes. Nothing contained in these Terms & Conditions shall be deemed to grant to you or any other user any right, title, or interest in or to any of our or our licensors’ copyright, trademark, or other proprietary right.
We reserve the right to change or discontinue any aspect or feature of our services or the Site, including, but not limited to, the roster of available courses and other content, hours of availability, transmission speed, and requirements for access or use.
5. Use of Site
You may use the Site solely for your personal, non-commercial use. Your use of the Site is subject to all applicable laws and regulations.
Without limiting the generality of any other provisions of these Terms & Conditions, you may not:
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Site, Our Content or User Content (Our Content and User Content, collectively, “Content”) or obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;
- attempt to gain unauthorized access to any portion of the Site or any Content, or any systems or networks connected to the Site, by hacking, password “mining”, or any other illegitimate means;
- probe, scan, or test the vulnerability of the Site or any Content, or any system or network connected to the Site;
- reverse look-up or trace any information of any other Site user or otherwise use the Site for the purposes of obtaining information of any other Site user;
- use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Site or any Content, or any systems or networks connected to the Site, or with any other person’s use of the Site;
- remove any copyright, trademark, or other proprietary rights notice contained in or on the Site; or
- use the Site or any Content for any purpose that is unlawful or otherwise prohibited by these Terms & Conditions.
6. User Content and Ideas
User Content. “User Content” means any content, including any text, images, and other forms of data or communication that you provide or submit to us. User Content does not include Our Content. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you.
You are solely responsible for your User Content. By providing User Content you hereby grant, and represent, and warrant that you have all rights and authority necessary to grant us and our affiliates, a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully sublicensable, fully paid-up, worldwide license and right to use, modify, copy, reproduce, publish, distribute, publically perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, such User Content in any form and through any media of any kind now known or later developed, for any purpose, with or without attribution. You hereby irrevocably waive and assign to us any and all moral rights you may have in or with respect to any User Content you post to the Site.
Without limiting the generality of any other provisions of these Terms & Conditions, you may not post, upload, or transmit any User Content that:
- is offensive, threatening, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, that infringes any third party right, or is otherwise unlawful;
- promotes illegal activities or conduct that is offensive, threatening, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, or is otherwise unlawful;
- is false, misleading, or defamatory;
- is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein;
- provides personal data such as telephone numbers, home or e-mail addresses, full names or last names unless with the explicit permission of the subject of such personal data;
- involves the transmission of unsolicited mass mail, spam, junk mail, or otherwise interferes with other users’ enjoyment of the Site;
- falsely states or implies that such content is sponsored or endorsed by us or our affiliates;
- contains restricted or password-only access pages or hidden pages or images;
- involves commercial activities or sales unless otherwise agreed by our prior written consent; or
- involves sending or otherwise making available any material that contains viruses, Trojan horses, worms, time bombs, or any other similar software that may damage the operation of our or any third party web provider’s servers, computers, or networks.
We assume no responsibility for monitoring any of the User Content and have no obligation to review the User Content. In addition, we do not guaranty the accuracy, integrity, or quality of the User Content. Nonetheless, we reserve the right, at all times and for any reason whatsoever, to edit or remove any User Content.
If you submit any idea or expression of ideas within your User Content (an “Idea”), you further agree as follows:
- to the best of your knowledge, the Idea represents your original work, you have all necessary rights to disclose the Idea to us and doing so, and our use of the Idea, will not infringe upon any third party;
- your disclosure of your Idea does not establish a confidential relationship with us or obligate us to treat the Idea as confidential;
- we have no obligation, whether express or implied, to develop or use your Idea and no compensation is due to you or anyone else for any use of that Idea, related Ideas, or ideas derived from your Idea; and
- Except to the extent these terms are superseded by a separate written agreement signed by you and us, you hereby irrevocably release and discharge us and our affiliates from any and all actions, causes of actions, claims, damages, liabilities, and demands, whether absolute or contingent, which you now have or hereafter may have against us and our affiliates with respect to the Idea.
7. Disclaimer of Warranties and Limitation of Liability
THE SITE, ALL CONTENT, AND ALL SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION OR ERROR, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT. YOUR USE OF THE SITE AND OF ANY CONTENT, WHETHER OUR CONTENT OR USER CONTENT, IS ENTIRELY AT YOUR OWN RISK.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL WE, ENTITIES WE CONTROL, OR ENTITIES UNDER COMMON CONTROL WITH US, OR ANY MEMBERS, MANAGERS, emPLOYEES, AGENTS, LICENSORS, OR CONTENT PROVIDERS OF THE FOREGOING (our “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMIATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT OR ANY SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBLITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims, or expenses (including reasonable attorneys’ fees), made against us by any third party due to, arising out of, or related to (i) your access to the Site, (ii) your use of the Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms & Conditions, (vi) any use of your user name by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or user name, of any intellectual property or other right of any person.
In addition to exercising other remedies that may be available, we may, at any time, terminate your account or suspend or prohibit your access to the Site without prior notice to you for violating any of these Terms & Conditions or for any other reason in our reasonable discretion.
We may provide links to third-party websites. We do not recommend or endorse the content of any third-party websites. We are not responsible for the content of linked third-party websites and we do not make any representations regarding their content or accuracy. Your use of third-party websites, including, without limitation, your submission of content to such websites, is at your own risk and subject to the terms and conditions of use for such website.
We may send you notice with respect to the Site by sending an email message to the email address listed in your account, by sending a letter via postal mail to the contact address listed in your account, or by posting on the Site. Notices shall become effective immediately. Any notices will be deemed delivered to the party receiving such communication (i) one business days after deposit with an overnight carrier, (ii) three business days after mailing date if sent by postal mail, (iii) the date we post the notice to the Site, or (iv) the date of transmittal if sent via email.
12. Governing Law, International Use
These Terms & Conditions will be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Boulder County, Colorado, and waive any objection to such jurisdiction or venue.
Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where its use is illegal is prohibited.
13. Age Requirement
The Site is only available for individuals aged 13 years or older.
14. Entire Agreement
The Terms & Conditions represent the entire agreement between you and us with respect to the subject matter addressed herein and supersede all prior to contemporaneous agreements or understandings, written or oral. The Terms & Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.
Any failure by use to enforce or exercise any provisions of these Terms & Conditions shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.
16. Attorneys’ Fees
In any action to enforce these Terms & Conditions, the prevailing party shall be entitled to attorneys’ fees and costs, in addition to such other damages as may be awarded.
17. Digital Millennium Copyright Act
If you believe any User Content or any other aspect of the Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address below. Your notice must meet the requirements of the Digital Millennium copyright Act by providing the following information:
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
The address of our copyright agent for notice of claims of copyright infringement on the Site is as follows:
3277 Carbon Place
Boulder, CO 80301