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WebCourse Terms of Use Statement

Welcome to WebCourse. We invite you to enjoy your browsing, evaluation or use of our service provided you recognize that you are subject to the Terms of Use (TOU). By accessing WebCourse you accept without limitation or qualification the TOU listed below.

WebCourse Services, Inc., ("WebCourse") operates the website that provides resources to allow users to utilize technology to enhance the educational and instructional process. The service is available as a web-hosted service so that all software, learning materials and most other user inputted information is housed on equipment operated by WebCourse.

WebCourse offers access to its service on two levels: those who are operating a WebCourse (e.g., teacher or trainers) and those who are enrolled in a WebCourse (e.g., students or trainees).
In general, WebCourse does not allow anyone under the age of 18 to become an operator of a WebCourse without first receiving permission from their school and/or parent or guardian. Anyone who is found to be operating a WebCourse and is under the age of 18, and who has not provided WebCourse with permission to be a WebCourse operator, will be considered in violation of the TOU.

WebCourse allows anyone 13 years of age and over to enroll in a designated WebCourse by completing the registration process. Those enrolling in a WebCourse should make sure they are in compliance with any policy (e.g., Acceptable Use Policy) that may be in effect within their school or company regarding accessing such services. WebCourse also allows anyone under the age of 13 to enroll, however, anyone under 13 must first be granted permission as outlined in Consumer Online Privacy Protection Act (COPPA). Consent forms available for downloading can be found within WebCourse. (For more information see Use By Minors and Local Acceptable Use Policies below.)

As a user of the services offered by WebCourse you agree to provide true, accurate, current and complete information about yourself as requested by the service during registration and in other areas. Also, you agree to maintain and promptly update this information if changes or additions occur. If any information you provide is inaccurate, incomplete, or not current, WebCourse may suspend or terminate your account and access to the services.

A user's account (this may include multiple WebCourses or accounts) on WebCourse is only accessible by entering a user name and password. The user name and password can either be initially assigned by the user for their own use, by the user (e.g., teacher) for use by others (e.g., student) or by WebCourse.

As a WebCourse account holder you are responsible for maintaining the confidentiality of your account access information including password, and are fully responsible for all activities that occur under your account or password. You agree to immediately notify WebCourse of any unauthorized use of your account or password or any other breach of security. WebCourse cannot and will not be liable for any loss or damage arising from your failure to notify us of changes or problems.

You are not permitted to transfer your account to another person. If you are a minor, WebCourse reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adultís request.

WebCourse may only be used for lawful purposes. It is the user's responsibility to know and adhere to any laws, rules or regulation that may affect the use of any part of the WebCourse service. You also agree that you will not:
1. upload, post, or otherwise transmit: a) any information or content that is unlawful, harmful, threatening, harassing, defamatory, vulgar, obscene, abusive, libelous, invasive of another's privacy, racially, ethnically or otherwise objectionable; b) any content that you do not have a right to transmit; c) any content that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party; d) any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail", "spam", "chain letters," or "pyramid schemes";
2. engage in conduct that is harmful to minors;
3. misrepresent yourself as someone else (i.e., impersonation) or as affiliating with a person or entity with whom you do not have the right to be affiliated with;
4. collect or store personal data about other users;
5. reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purpose any part of the WebCourse service;
6. interfere with, disrupt or cause harm to: 1) the content, information, communication or materials that is not your own; 2) the service, servers, network or other equipment or software that is operated by WebCourse or its affiliated partners.

It is understood that WebCourse is not responsible for the content that appears within the user's account. WebCourse does not screen or filter material that may appear on a user's account, however, WebCourse shall have the right to remove any content that violates the TOU or is otherwise objectionable.

Any content including but without limitation text, communications, links, or other information that you upload to or otherwise make available to WebCourse is and remains your property or the property of your licensors.
By making available any content, you automatically grant and/or warrant that the owner has granted WebCourse, the perpetual royalty-free, non-exclusive right and license to make this content available through WebCourse. You also permit other WebCourse account holders, subject to your restrictions, to access, use within their own account and reproduce the content on your account to the same extent permitted herein.

Within many WebCourse user's accounts and within pages operated by WebCourse (i.e., content maintained by WebCourse Services, Inc. and not by users) there are hyperlinks to web site that are independent of and outside the control of WebCourse. WebCourse is not responsible for such sites' accessibility or availability. WebCourse is not responsible for the content on these sites and does not endorse products, services, or information offered by these web sites. Additionally, the inclusion of these links does not imply that these web sites have given permission to have their site link in WebCourse or that there is any relationship between WebCourse and the linked sites. WebCourse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any content, goods, or services available on or through any other site.

Since a principle use of WebCourse is to a present Internet sites to those accessing the service, it should be understood that WebCourse DOES NOT offer Web site filtering, parental control, or other software or devices used to restrict access, primarily but not exclusively by minors, to certain Internet sites or locations. If such controls are required, it is the user's responsibility to install such protective software or devices to the equipment they use to access WebCourse.

WebCourse encourages educators at all levels to consider using the service to enhance learning. However, Instructors whose class contains children under the age of 13 must follow the guidelines set forth in the Consumer Online Privacy and Protection Act (COPPA), which stipulates that parent or guardian permission is required before a child provides information to a commercial online site such as WebCourse. Anyone enrolling students who are below 13 years of age agrees that it is their responsibility to obtain written permission as outline in COPPA. You agree that WebCourse is not responsible for meeting the COPPA requirement.

The WebCourse user also agrees to be responsible for any Acceptable Use Policies (AUP) which may be in place at your school or company. WebCourse is not responsible for any violation to local AUP by its users.

You agree to indemnify and hold WebCourse, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to, email, or otherwise transmit through WebCourse, your use of WebCourse, your connection to WebCourse, or your breach of the TOU.

You agree that WebCourse is not responsible for any information, content or material contained within the courses or other areas created by or accessible to WebCourse users and that WebCourse makes no representations about the suitability of the information contained in any course or other areas created by or accessible to WebCourse users.

Accessing courses and other areas of WebCourse is done at the user's discretion and risk. The user understands they are solely responsible for any damage due to loss of data, damages to their computer system, or other results that may be obtained from the use of the services or to the accuracy or reliability of the services. In addition, the user understands that WebCourse does not warrant that the services will be uninterrupted or error-free, that it will meet specific expectations or requirements of its users or that an error or problem with the service will be corrected.

WebCourse is not responsible for any damages caused by third party products or services that are used with the WebCourse service.

The WebCourse service is provided on an "as is" and "as available" basis without representation or warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

In no event will WebCourse be liable to users for any incidental, indirect, special or consequential damages (even if WebCourse has been advised of the possibility of such damages), arising out of: 1) a users use of or inability to use the WebCourse service, 2) unauthorized use of the service, and 3) any other matter relating to the service. Thus WebCourse will not be responsible for damage including but not limited to those resulting in loss of revenue, profits, goodwill, business, and data and all other intangible losses that may result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to WebCourse's records, programs, or services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states WebCourse's liability is limited to the greatest extent permitted by law.

You agree that WebCourse may terminate, block your use or remove content from your account, without prior notice for any reason, including without limitation, if WebCourse believes you have engaged in conduct that violates or is prohibited by this TOU, you fail to provide payment within specified period of time or fail to actively use your account during any available free trial offer. You agree that if your account is terminated or discontinued for any reason, WebCourse may remove all information related to your account and/or may bar access to your account. You agree that WebCourse shall not be liable to you or any third-party for circumstances that may result from termination of access to your account.

WebCourse reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services available through WebCourse with or without notice. You agree that WebCourse will not be liable to you or to any third party for any modification, suspension, or discontinuance of the services.

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