Acceptable Use Policy

This “Acceptable Use Policy” or “AUP” is an agreement between you (“you” or “User”) and CourseArc, LLC (“we,” “us” or “our”), the creator and owner of the CourseArc software (the “Software”) available as “Software as a Service” or “SaaS” which you access remotely through an Internet connection. In this AUP, we refer to the SaaS as simply “CourseArc”.

  1. This AUP, together with our Privacy Policy, govern your use of CourseArc. This AUP and the Privacy Policy are effective the first time you access CourseArc, and your access means that you agree to be bound by them. Please read this Acceptable Use Policy carefully, because it will govern all of your access and use CourseArc and you will be expected to abide by it. If you do not agree with the terms and conditions in this Acceptable Use Policy, do not access or use CourseArc.
  2. CourseArc is not intended for and may not be used by people under the age of 13. If you are between 13 and 17, your access and use of CourseArc must be supervised by an adult. By using CourseArc, you are representing to us that you’re over 13, and if you’re between 13 and 17 that an adult is supervising your access and use of CourseArc.
  3. We reserve the right to change this AUP at any time without notice to you. You acknowledge and agree that it is your responsibility to review this site and the current AUP periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of, and agreement to be bound by, the modified AUP. The most current version of the AUP may be accessed by clicking on the “Use Policy” button at the bottom of every CourseArc page.
  4. When you use CourseArc, you will work with 2 kinds of information: “CourseArc Content” and “Your Content.” “CourseArc Content” is the material and content including (without limitation), text, graphics, logos, and the CourseArc software itself, which you access through our website. In comparison, “Your Content” is what you provide, such as original text, documents, images, videos, audio files, course content, and other materials, as well as information related to them (for example, location tags in photographs).
  5. You are solely responsible for Your Content. That means that you must either own Your Content, or license it or have all of the rights and permissions you need to copy, upload, or share Your Content, and to give us the limited license below. If you don’t own it, it is probably the intellectual property of someone else, and legally protected. Please don’t infringe their rights. If you do, you will indemnify and hold CourseArc, LLC, and its officers, directors, employees, agents, contractors, licensors, other content providers and service providers, (the “Indemnified Parties”) harmless from any third party claims, losses, settlements, damages, judgments, awards and costs, including reasonable attorneys’ fees, of the Indemnified Parties, arising out of your infringing activities.
  6. Nothing in this AUP gives us any ownership or rights to Your Content, except to the limited extent we need rights to operate CourseArc and make it available to you. For example (but without limitation), we will need to access, duplicate, move, store, process and/or transmit Your Content so we can provide you with CourseArc features like editing, sorting, searching and previewing documents and provide thumbnails of photographs. You give us a royalty-free and non-exclusive limited license to do those and other things for solely the purpose of operating CourseArc and making it available to you and your end users.
  7. You also agree that we may review your conduct and Your Content to be certain you are abiding by this AUP. However, we have no obligation to do so. We also reserve the right to remove some of all of Your Content if you violate this AUP or if we believe, in our discretion, that the Your Content we remove is infringing someone else’s intellectual property rights or violates this AUP.
  8. CourseArc grants you a revocable, non-exclusive, and limited license to access and use CourseArc. This limited license gives you the right to access the Website and use CourseArc and the CourseArc Content for your personal, non-commercial use, as well as to create courses for sale to others. If you create courses for others, they receive a sublicense through the multi-branding process to use the CourseArc Content only in connection with the course(s) you create for them. The CourseArc Content may be stored on a computer incidental to accessing courses you create, cached by a Web browser, printed as long as it is a reasonable number of copies, and otherwise reproduced and used in connection with courses created using CourseArc. You, and your sublicensees (if any), may not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the CourseArc Content, In addition, you may not rent out or lease your access to the Website and CourseArc to anyone else, unless your subscription plan specifically allows you to do so.If we believe that you, any of Your Content, your information, or your access and use of CourseArc may create a liability for us or compromise or disrupt the use of CourseArc, or threatens the personal safety of any User or the public, or create a liability for us, we reserves the right to, without notice, remove such information from CourseArc and/or terminate this AUP and/or revoke your license. You agree that we may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and that we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through CourseArc.
  9. You may use CourseArc only for lawful purposes and in accordance with this AUP. You agree not to access or use CourseArc:
    1. In any way that violates any applicable federal, state, local or international law or regulation.
    2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
    3. To publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence.
    4. To advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment.
    5. To store, publish or share material that’s fraudulent, defamatory, or misleading.
    6. In any way that violates the privacy or infringes the rights of others.
    7. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation or unsolicited communication.
    8. To impersonate or attempt to impersonate another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing, or send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”).
    9. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of CourseArc, or which, as determined by us, may harm us or other CourseArc Users or expose them to liability.
    10. Access or use CourseArc in any manner that could disable, overburden, damage, or impair the site or interfere with anyone else’s access or use of CourseArc.
    11. Use any robot, spider or other automatic device, process or means to access CourseArc for any purpose, including monitoring or copying any of the material on CourseArc.
    12. Use any manual process to monitor or copy any of the material on CourseArc or for any other unauthorized purpose without our prior written consent.
    13. Use any device, software or routine that interferes with the proper working of CourseArc.
    14. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    15. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of CourseArc, the server on which CourseArc is stored, or any server, computer or database connected to CourseArc.
    16. To probe, scan, or test the vulnerability of any system or network.
    17. To breach or otherwise circumvent any security or authentication measures.
    18. Attack CourseArc via a denial-of-service attack or a distributed denial-of-service attack.
    19. Otherwise attempt to interfere with the proper working of CourseArc.
  10. We are dedicated to establishing relationships with Users based on respect for personal identity and information. We will not share or divulge any personal or identifying information it may acquire unless required to by law or a court of competent jurisdiction. We have taken reasonable steps to insure that the information input or uploaded into CourseArc will remain secure. However, the security of a User’s information is dependent on a number of factors, many of which are beyond our control. For that reason, CourseArc, LLC, does not warrant or guarantee that your or a User’s information cannot be erased, downloaded, viewed or otherwise accessed by third parties.
  11. You are fully responsible for the use of CourseArc, the information input or uploaded into CourseArc, for reviewing and monitoring such information, and for allowing access to such information by third parties. CourseArc, LLC, is not responsible for any errors, omissions, or misinformation stored in or displayed by or through CourseArc.
  12. Your access to CourseArc may have been made available through your company, school, school system, or other educational institution (collectively, the “Organization”), which paid us a license fee for that access. You acknowledge that, at any time, your access to CourseArc may be terminated either by the Organization, for the non-payment of the required fee(s), or another reason beyond your control. If that occurs, CourseArc will have no further obligation or liability to you unless or until a remedy is in place or an alternate access is arranged.
  13. You must obtain and pay for all equipment and third-party services required for you to access CourseArc, and you are responsible for all charges and expenses related to such equipment and third-party services.
  14. This Agreement will remain in effect for so long as you have access to CourseArc, either through the ASP or any of the ASP’s successors or assigns.
  15. We have no obligation whatsoever to retain, store, backup or make available any CourseArc Content, Your Content or other information, provided however, that we may, at our sole option and discretion, backup and/or store any of the foregoing, or retain copies of the same for legal and archival purposes.
  16. COURSEARC IS PROVIDED “AS IS” AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION OF COURSEARC. WE DO NOT WARRANT THAT ACCESS TO OR THE USE OF COURSEARC WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT COURSEARC WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. WE HAVE NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING COURSEARC AND ANY SUCH STATEMENTS BY A THIRD PARTY SHOULD NOT BE INTERPRETED AS SUCH.
  17. You understand that we cannot and do not guarantee or warrant that files or other content available for downloading from the Internet or CourseArc will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. USE OF COURSEARC IS AT YOUR RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF COURSEARC AND THE INPUT OR UPLOADING OF ANY INFORMATION INTO COURSEARC. YOU AGREE THAT WE WILL NOT BE LIABLE FOR LOSS OR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE COURSEARC, OR CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF COURSEARC OR ANY SERVICES OR ITEMS OBTAINED FROM OR THROUGH COURSEARC OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT. ANY CLAIMS WITH RESPECT THERETO ARE HEREBY WAIVED, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
  18. WE ARE NOT RESPONSIBLE IN ANY WAY, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES WHICH COULD LEAD TO THE INTERRUPTION OF ACCESS TO COURSEARC, INCLUDING, WITHOUT LIMITATION, OUTAGES OR DEGRADATION OR FAILURE OF TELECOMMUNICATION SERVICES, AND OTHER CIRCUMSTANCES BEYOND OUR CONTROL.
  19. All programs, software, processes, designs, technologies, trademarks, trade names, inventions and materials comprising CourseArc are wholly owned by CourseArc, LLC. No title or interest in CourseArc is granted hereby. You agree that you will not, nor attempt to, reproduce, download, access, hack, reverse engineer or otherwise misappropriate CourseArc or any CourseArc Content.
  20. This AUP is governed by the substantive law of the State of Maryland, United States of America, without regard to its statutes concerning conflicts of laws. The venue for any dispute arising under this AUP is in the United States District Court for District of Maryland. If any provision of this AUP is held by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect. This AUP may be modified only by CourseArc, which may change its terms at any time without notice.