Terms and Conditions
ACCEPTANCE OF TERMS
Please read these Terms carefully before using the Services. If you do not agree with any of these Terms please do not use our Services, because by using the Services you will be deemed to have irrevocably agreed to these Terms, and therefore a user (hereinafter, “User”) of our Services. If you are using the Services as part of a paid or trial subscription (hereinafter, “Subscription”) please note that the additional Terms of Service, listed below, include additional terms governing your Subscription use of the Services.
These Terms may be revised and reissued without notice at any time. You should visit this page regularly to review the current Terms, since your continued use of the Services will be deemed as irrevocable acceptance of any revisions.
LIMITATIONS OF USE
We will endeavor to make your experience in using the Services free from trouble, but we cannot always anticipate problems with Service delivery, accessibility, or other difficulties. These problems may result in loss of data or other Service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided “AS IS.” We and our third party service providers do not assume responsibility for nor can we guarantee the timeliness, deletion, mis-delivery, or failure to store any Subscriber or User information.
We reserve the right to change or discontinue, temporarily or permanently, the Services at any time without notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Services.
RESPONSIBILITIES OF USERS
For the benefit of all Subscribers and Users and to comply with applicable laws, we require you to follow these rules when using the Services. Failure to comply with these rules may result in the immediate termination of your use, account, and/or any Subscription through which your use is provided.
Copyright Restrictions and Non-commercial Use. We are providing you with a non-exclusive, non-transferable, revocable limited license to use the Services for personal, non-commercial, private use. You may not download, save, copy, transmit, or distribute the content from the Services, other than the content clearly indicated as designated for this purpose. All website codes, design, text, graphics, videos, music, works of art, written text, images, layouts, questionnaires, surveys, and software provided through the Services are protected by international copyright laws. Any use, publication, sale, or redistribution in any form or medium of any proprietary content provided or accessed through the Services, no matter whether in part or in whole, is strictly prohibited without the prior written permission of COS.
Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself as requested in your use of the Services; such as through forms, questionnaires, assessments, quizzes, and module applications.
Guard Your Password and Information. If you receive or create a password to use the Services when completing the registration process or setting up your account, you are responsible for maintaining the confidentiality of your password and account; and you are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. You hereby acknowledge that the information provided in association with your use of the Services may include personally identifiable information and it is your responsibility to keep all such information confidential and secure.
Obey the Law. You represent and warrant that you will not use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the copyrights or other intellectual property of others. We reserve the right to remove any content that we find unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable. You agree and acknowledge that if we determine or reasonably suspect that you are reselling or brokering information, programs, computer applications, or data accessed through the Services, or are otherwise violating any provision of these Terms, or any of the laws, regulations, or rules described herein; we may take immediate action, including without limitation, legal action, and/or terminating the delivery of, and the license to use, the Services by you and/or the entity possessing the Subscription through which you are accessing the Services.
Use by Minors. The Services may not be used by individuals under the age of 18 unless they are doing so with the express permission of a parent or legal guardian or are accessing the Services through a Subscription created by their parent, guardian, school, or other organization that has obtained the legal permission of the appropriate legal authority able to authorize the use of the Services by minors. As the parent, guardian, school, or other organization acquiring a Subscription and subsequently enrolling anyone who is under the age of 18 to use the Services, you agree to obtain any and all permissions and consents for minors to use the Services required by federal, state, and local law, including but not limited to, the Children’s Online Privacy Protection Act and the Family Educational Rights and Privacy Act. Any Subscriber and/or User allowing a minor to access and use the Services understands that you will be wholly responsible for any and all consequences, both intended and unintended, arising from use of the Services by the minor.
RIGHTS GRANTED TO COS
To enable us to provide these Services and the benefit of all Users, all Users grant the following rights and assigns to COS.
Collection and Use of Information. In the course of your use of the Services, you may be asked to provide personally-identifiable information; including, but not limited to, your name, e-mail address, physical address, mailing address, phone number, age, gender, race, sexual orientation, religious beliefs, hobbies, interests, experiences, attitudes, behaviors, and other information through the completion of questionnaires, forms, quizzes, and other data input mechanisms. Information about your technology device used to access the Services and its hardware and software may also be collected; including your IP address, browser type, domain names, access times, and referring Website addresses. This information is used for the proper operation and quality of the Services, and to provide general statistics regarding use of the Services. You agree to permit us to use this information as needed while maintaining the anonymity of your personal information or as permitted by the terms of the Subscription through which you use the Services.
Feedback, Ideas, and Other Submissions. You agree that all suggestions, comments, and other submissions provided to COS in connection with your use of the Services, including but not limited to; form submissions, questionnaire responses, quiz responses, assessment tool responses, voice messages, text messages, images, logos, social media or website postings, e-mails, and any other submissions (collectively, “Submissions”) become the exclusive property of COS. You agree that COS may modify, display, distribute, disclose, revise, create new material, and delete any Submissions in any manner of its choosing, without restriction and without identifying you as the creator of the Submissions. You represent and warrant that your Submissions are your original creations and/or that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property or privacy rights. You agree that you will not be compensated for these Submissions.
You agree to permit COS and our third parties to analyze, process, and generate reports and other written or visual materials based on your Submissions, and that these items may be made available to the general public. You agree that the provisions in this paragraph will survive any termination of the Subscription through which you access the Services and/or your use of the Services.
Account Access and Privacy. In order to ensure that COS is able to provide high-quality services that are responsive to Users’ needs, you agree that COS can access your account, records, and Submissions as reasonably needed to ensure the Services are safe for all Users and function properly. You understand and agree that COS reserves the right to investigate any improper use of the Services that we reasonably suspect to be in violation of the terms set forth in this agreement.
LEGAL DISCLAIMER AND LIMITATION OF LIABILITY
Educational information. These Services are provided for the purpose of general educational information only. This information does not constitute, nor is intended to constitute, legal, medical, or professional advice. You should obtain professional advice from licensed professionals as needed. In providing these Services, we have made our best effort to offer current, correct, and clearly expressed resources. Nonetheless, inadvertent errors can occur, and applicable statistics, theories, laws, educational strategies, technologies, and regulations often change. You are fully responsible for any misunderstandings and losses, directly or indirectly, in the course or as a result of using the Services.
Links to Third Parties. You hereby agree to accept all information “AS IS” and acknowledge that COS obtains and provides data from third-party sources, which may or may not be completely thorough and accurate, and that you shall not rely on COS for the accuracy or completeness of information supplied through the Services. You understand that restrictions may be placed on accessing certain portions of the Services which might otherwise be available. COS reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, the Services.
Limitation of Liability. You agree that neither COS nor any third party affiliated with the Services will be liable for any harm(s); whether direct, indirect, incidental, special, consequential, and/or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if COS has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the ineffective operation of any of the Services; (iii) the cost of getting substitute goods and services resulting from any products, data, information, or services purchased through or from the Services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone using the Services; (vi) for any loss or injury arising out of or caused in whole or in part by COS acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Services; and (vii) any other matter relating to the Services.
Disclaimer of Warranties. You expressly understand and agree that COS makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, (v) we will receive or respond to your e-mail, voicemail, or any other communications and they will receive a response, and (vi) any errors in the software or Services will be corrected at any time. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any potential damage to your technology devices or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Services, or through the Services, will create any warranty not expressly stated in these Terms.
Indemnification. You agree to protect and fully compensate COS from any and all third-party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) arising from or in any way related to your use of the Services, your violation of the Terms or your infringement, or infringement by any other User of your account, of any intellectual property or other right of anyone. COS’s rights under these Terms may not be waived unless COS agrees to such change in writing.
Merger or Acquisition. In order to ensure a smooth transition of our provision of the Services and your use of the Services, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by COS, you agree to allow COS to transfer your data and information to a third party as necessary.
Language and Foreign Territories. You understand and agree that these Terms and the Services are provided in the English language; that the Services are provided from within the United States, are designed for use within the United States, and may not be appropriate for use outside the United States. COS does not guarantee that the Services will be available outside the United States nor that the Services will be compliant with the laws or regulations of foreign territories
Choice of Law. These Terms, Subscription Agreements, and all matters relating to your access to, or use of, the Services shall be governed by U.S. federal law or the laws of the Commonwealth of Pennsylvania, excluding that body of laws known as conflicts of laws.
Statute of Limitations. You and COS both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or any of these Terms and any Subscription Agreement must be filed within one (1) year after such claim or cause of action arose or will be forever barred.
Arbitration. You agree under these Terms, you and COS are waiving the right to a trial by jury. You agree to arbitrate all disputes and claims arising out of or relating to these Terms between COS and you, including our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. A party who intends to seek arbitration must first send written notice of your intent to arbitrate to:
Campus Outreach Customer Care Department
PO Box 332
Wayne, PA 19087
The notice to COS should be sent by U.S. Postal Service certified mail. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the notice is received, you or COS may commence an arbitration proceeding. The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms included in these Terms. If the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then you agree to reimburse COS for all monies disbursed by it related to this arbitration, including, but not limited to, reasonable attorneys’ fees and expenses incurred for the arbitration. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and COS agree that you and COS may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s or Subscribing entity’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
TERMS OF SERVICE
Payment Obligation and Credit Card Authorization. Subscribers are responsible for paying periodic subscription fees as agreed under the terms of their Subscriptions. All fees are listed in U.S. dollars. Subscribers hereby authorize COS to charge their credit card on file or other payment method to pay for the ongoing fee for their Subscriptions. Payment will be made by automatic debit to a Subscriber’s credit card or other payment method. Subscriptions will be automatically renewed for a term equal to the original term upon expiration of the then-current term at a price equal to the current regular, non-promotional price, and continually thereafter, unless the Subscriber terminates the subscription by providing at least 60 days advance notice prior to the renewal date. Subscribers acknowledge and agree that the authorization to charge the credit card on file for a Subscription shall automatically transfer to any successors or assigns of COS for substantially similar services as provided in their existing Subscription. Subscribers may not assign or transfer their Subscriptions to any other person or entity, or permit any other entity to use their account for any unauthorized purpose, including, but not limited to, demonstration purposes. Subscribers or their authorized representatives must be at least 18 years old (or have the permission of a credit card holder who is) to Subscribe to the Services. If COS does not receive payment from the credit card issuer or its agent, Subscribers agree to pay all amounts due upon demand by COS. COS reserves the right, at any time, to change its fees and billing methods, including the addition of separate charges for content or services provided by COS or affiliated third parties, but will not increase the fee paid by Subscribers during the term of a Subscription unless the Subscriber adds additional Services to its Subscription.
Cancellation and Termination. Subscribers may terminate their Subscription at any time with the understanding that no refunds are provided for any reason; including, but not limited to, early termination, under-utilization of the Services, under-utilization of purchased User accesses, failure to set up or use an account, failure to use data or reports, displeasure with the quality or performance of the Services, or any other reason. Terminated Subscriptions will result in the immediate inability to access the Services; including the Subscriber’s accounts, data or other information provided by the Subscriber to COS, or information accessible through the Subscription. Subscribers understand that COS, in its sole discretion, may terminate Subscriptions, or any part thereof, for any reason or no reason, including, without explanation or limitation, if COS believes that a Subscriber or one of its Users has violated or acted inconsistently with the letter or spirit of these Terms. COS may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Subscribers agree that any termination of access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that COS may immediately deactivate or delete Subscriptions, accounts and/or bar any further access to the Services by the Subscriber and/or its Users. COS shall not be liable to Subscribers or any third party for termination of a Subscription or any part thereof.
Trial Subscriptions. COS occasionally offers promotional and/or trial Subscriptions to the Services. Subscribers who register for such a trial Subscription will be automatically billed for the current non-promotional Subscription rate in effect at the end of the trial period, unless the Subscriber cancels the Subscription 72 hours prior to the end of the trial period.
Modifications. This agreement is subject to change by COS at any time. We may modify any of the terms and conditions contained in these Terms at any time in our sole discretion. If any modification is unacceptable to you, you agree that your only recourse is to terminate use of the Services. Your continued use of the Services following our posting of a change notice or new Terms will constitute your binding acceptance of the change.
Direct Questions or Notices to:
Campus Outreach Services, Inc.
Attn: Agreement Inquiries
PO Box 332
Wayne, PA 19087
Last Updated: April 2, 2013