Terms and Conditions of Service and Use

Your use of the CourseSmart service and your subscription to our eTextbooks are subject to the following terms and conditions.

Please read these terms and conditions carefully.

The Service. We, CourseSmart, LLC ("CourseSmart"), are granting to you, the subscriber, access to our eTextbooks subscription service (the "Service") on condition that you agree with and accept all of the terms and conditions set forth herein (the "Agreement").
Your Agreement. By clicking the check box labeled "Yes, I have read and agree to the CourseSmart Terms and Conditions of Service and Use," which appears at the start of each session in which you access a CourseSmart eTextbook, you acknowledge and confirm that you have reviewed the terms and conditions in this Agreement and that you agree with and accept them.
Your Use of the Service. CourseSmart eTextbooks Online is a subscription service that enables you, as a paying subscriber of the Service, to have access to and use of digital versions of certain textbooks ("CourseSmart eTextbooks"). As a paying subscriber of the Service, you are granted a personal, non-exclusive, non-transferable, limited license to access the CourseSmart eTextbooks to which you subscribe, and to reproduce and store portions of their contents for your personal, noncommercial use, all according to the terms and conditions of this Agreement. All title to, ownership of and all copyright and other proprietary rights in the Service and the CourseSmart eTextbooks shall at all times remain vested in CourseSmart and the publishers and authors of the CourseSmart eTextbooks, as applicable. Your subscription to the Service does not constitute a sale. You may not copy the contents of any CourseSmart eTextbook, except for your own personal use. Any other use of the CourseSmart eTextbook violates the terms and conditions of this Agreement for the Service and is strictly prohibited. We will pursue our legal and other rights against violators to the full extent permitted under applicable state and federal laws.

YOU MAY

View all content of any and all of the CourseSmart eTextbooks to which you have subscribed, for the period of your subscription.
Print digital pages of the CourseSmart eTextbooks for your personal, noncommercial use and reference in connection with your course work.
Personalize the CourseSmart experience by creating bookmarks and adding personal notes.
Obtain a subscription refund as long as you are eligible to receive a refund as described in our CourseSmart eTextbook Subscription Refund Policy.

You also agree that CourseSmart eTextbooks are provided for your own personal use and that you will not share your password to the Service or an eTextbook, or any printed portions thereof, with any other person. In addition, you will not make copies of any printed portions of an eTextbook for anyone other than yourself to use.

IF YOU ARE AN INSTRUCTOR OR PROFESSOR WHO HAS BEEN AUTHORIZED BY ONE OF OUR CONTENT PROVIDERS TO ACCESS A COURSESMART ETEXTBOOK, YOU:

May also request an examination copy of a CourseSmart eTextbook by submitting an online form, as described when you click on the "Access Online Exam Copy" link associated with any CourseSmart eTextbook. You may not, however, give or sell such examination copy to any other person, except for others in your department solely for their consideration of adoption.
Represent and warrant that your use of the Service will not violate, be in conflict with or constitute, with or without the passage of time and giving of notice, either a default under any instrument, judgment, order, decree or contract to which you, or to the best of your knowledge, the educational institution with whom you are employed, is a party or by which either is bound, or any provision of federal or state statute, rule or regulation applicable to you or the educational institution with whom you are employed.

When using the Service, you agree to (i) refrain from violating applicable federal, state and international laws, (ii) refrain from using the Service to harm minors; (iii) refrain from interfering with others use of the Service; (iv) refrain from using the Service to invade the privacy of others, or to collect and use an individuals personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Service; (v) refrain from using the Service to create a false identity or to impersonate another person; and (vi) refrain from using the Service to advertise Internet sites or services which are competitive to the Service. The foregoing rules set the minimum level of conduct that we expect from users of the Service. We also ask that you use common sense and be considerate towards other users. We reserve the right, at our sole discretion, to suspend or terminate your right to use the Service if you violate the aforementioned rules of conduct or engage in other conduct we deem offensive.

Linking and Use of Site Materials by Instructors. If you are an instructor, you may include a link to a CourseSmart eTextbook from a website ("Instructor Website") you maintain as part of your educational course ("Course") for the sole purpose of informing students that a subscription to a CourseSmart eTextbook related to the Course is available for purchase ("Permitted Purpose"). CourseSmart grants you a non-exclusive, nontransferable, revocable, royalty-free license to use, reproduce, distribute and display a link to CourseSmart.com (the "CourseSmart Site") for the Permitted Purpose. In the event you also wish to copy material describing a CourseSmart eTextbook ("Licensed Material") from the CourseSmart Site, CourseSmart grants you a non-exclusive, nontransferable, revocable, royalty-free license to use, store, reproduce and display the Licensed Material solely for the Permitted Purpose. In connection with such license, you agree that (i) the Licensed Material may only be used and displayed on the Instructor Website, (ii) you may not alter the Licensed Material in any way, (iii) the page on which the Licensed Material is displayed shall contain a prominently displayed link to the page within the CourseSmart Site where a student may purchase the CourseSmart eTextbook and (iv) the page on which the Licensed Material is displayed shall contain no advertising. From time to time CourseSmart may move, delete or update material on the CourseSmart Site and you agree to periodically check that your links and any Licensed Material are current and promptly remove or update any link that is broken or incorrect or any Licensed Material that has been deleted or is out of date. CourseSmart reserves the right in its sole discretion to revoke these licenses at any time for any reason, and if you are so notified, you agree to immediately remove all links to the CourseSmart Site and all Licensed Material from the Instructor Website. You agree not to not use or display the links or the Licensed Material with any other material that could be viewed as disparaging the CourseSmart eTextbook or its author or publisher or otherwise casting the CourseSmart eTextbook or its author or publisher in a negative light.
Copyrights, Trademarks, Limitations on License
YOU AGREE THAT
- The contents of the CourseSmart eTextbooks are protected by copyrights, trademarks, and all other similar proprietary rights and protections (collectively, the "IP Rights") belonging to CourseSmart and the various publishers (the "Publishers") and authors (the "Authors") whose books are being made available to you as CourseSmart eTextbooks, and that these IP Rights are valid and protected in all forms, media, technologies, existing now or hereinafter developed. The graphics, logos, page headers, button icons, scripts, and service names appearing on the CourseSmart Site are protected trademarks, trade dress or other rights of CourseSmart and may not be used in connection with any other product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits CourseSmart or the other owner of the rights.
- You will not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content of the CourseSmart eTextbooks, in whole or in part, except as expressly permitted by this Agreement or as permitted by the fair use privilege under the U.S. copyright laws (see 17 USC Section 107).
- You will not employ or allow the use of your account for the purpose of executing scripts, programs, or other technologies designed or intended to create copies or otherwise reproduce CourseSmart eTextbook content.
- You will not, either knowingly or with reckless disregard, participate in any actions intended to interrupt or otherwise negatively impact the CourseSmart Service.
- The rights being granted to you are personal in nature to you and may not be shared with, transferred or otherwise assigned to anyone else.
- You will promptly notify CourseSmart of any known or suspected unauthorized use(s) of your subscription to the Service, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Such notification should be sent via email to infringement@CourseSmart.com. CourseSmart shall not be liable for any loss or damage resulting from your failure to safeguard your password and account.
- CourseSmart has the right to withdraw or remove features of the Service at any time, and without prior notice to you, including your ability to print portions of any new CourseSmart eTextbooks to which you subscribe, with or without refunds or price adjustments, at CourseSmarts sole discretion.
- You agree to indemnify, defend and hold harmless CourseSmart, the Publishers and Authors from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to (i) your use of the Service; (ii) your breach of this Agreement or any representation, warranty or covenant made by you herein or therein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third partys trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives any termination of this Agreement.
Subscription Length. The length of subscriptions to individual CourseSmart eTextbooks may vary. The subscription period can be seen on each CourseSmart eTextbooks product page and is also visible at each step of the subscription process. Once you have subscribed to a CourseSmart eTextbook, the subscription expiration date is visible beside each CourseSmart eTextbook title on the My CourseSmart page, with most subscriptions lasting approximately five (5) months. You can purchase a renewal of your subscription to your CourseSmart eTextbooks from the CourseSmart Site, as needed.
Payment Terms and Cancellation. When you subscribe to the Service, you agree to pay the subscription fee. All fees are payable in US dollars in advance and do not include applicable taxes. CourseSmart reserves the right to change the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees, charges or terms effective upon prior notice to you.
You can cancel your subscription to the Service and request an immediate refund at any time within two (2) weeks of your initial subscription, provided that you have viewed and/or printed, in total, less than twenty percent (20%) of the CourseSmart eTextbook during that two (2) week period. If you subscribe to a CourseSmart eTextbook, request a refund, and then re-subscribe to the same CourseSmart eTextbook, you will not be eligible to request any further refunds for subscriptions or re-subscriptions to that CourseSmart eTextbook.
CourseSmart reserves the right in its sole discretion to terminate your subscription membership at any time for any reason. In the event CourseSmart terminates your subscription for your breach of this Agreement, no refund of any prepaid subscription fees will be made. Should such termination occur for any other reason, CourseSmart will refund to you your subscription fee as described above. Upon termination, for any such reason, your subscription, and all associated license rights, shall immediately terminate, and you shall cease having access to and use of the Service and will have no further rights under your subscription. Termination of your subscription to the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to CourseSmart.
Additional Terms. This Agreement supersedes all other agreements, warranties, or representations with regard to your use of the Service. CourseSmart may amend the terms of this Agreement from time to time by posting such amendments on the Web site under "CourseSmart Terms and Conditions of Service and Use."
- Performance of the Service may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.
  This Agreement shall be governed by and construed under the laws of the State of California without regard to its conflict of law provisions. Any dispute or controversy arising under or in connection with this Agreement shall be fully and finally resolved solely by binding arbitration conducted in San Mateo County, California under the auspices of JAMS by an arbitrator selected by both parties within ten (10) days after either party has notified the other in writing that it desires that the dispute between them be settled by arbitration. In the event the parties cannot agree on an arbitrator within such ten (10) day period, JAMS shall select an arbitrator and inform both parties in writing of such arbitrators name and address within five (5) days after the end of such ten (10) day period. Each party shall pay its own expenses associated with such arbitration, including the expense of any arbitrator selected by such party, if applicable, and the parties share equally the expenses of a jointly selected arbitrator or arbitrator selected by JAMS. The decision of the arbitrator shall be binding upon the parties and judgment in accordance with that decision may be entered in any court having jurisdiction thereover. Punitive damages shall not be awarded.
  THE COURSESMART ETEXTBOOKS, THE SERVICE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, ACCURACY, OMISSIONS, COMPLETENESS OR DELAYS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NO ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
  TO THE FULLEST EXTENT ALLOWED BY LAW, COURSESMART, THE PUBLISHERS AND AUTHORS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (ii) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (iii) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SERVICE, ERRORS OR OMISSIONS; (iv) DAMAGES RELATED TO DOWNLOADING INFORMATION; AND (v) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  THE AGGREGATE LIABILITY OF COURSESMART, THE PUBLISHERS AND AUTHORS SHALL BE LIMITED TO SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO COURSESMART UNDER THIS AGREEMENT.
  To the extent that any provision of this Agreement is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be enforced to the maximum extent possible and shall not affect the enforceability of the remainder of this Agreement.
  Failure by CourseSmart to exercise or enforce any of its rights under this Agreement shall not be deemed to be a waiver by it of any such right nor operate to bar the exercise or enforcement thereof or of any other right on any other occasion.
Infringing Material. Digital Millennium Copyright Act Compliance. If you have any copyright concerns about any materials posted or made available to you as part on the CourseSmart Site, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (see 17 U.S.C. Section 512). Please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:

Designated Agent:

CourseSmart LLC
Attn: IP Rights Department
20 Davis Drive
Belmont, California 94002
To be effective, the Notice must include the following information:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner ("Complaining Party"), of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit CourseSmart or its designee to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material on the Site ("Infringing Material"), and information reasonably sufficient to permit CourseSmart to locate such material on the CourseSmart Site;
Identification of the protected work claimed to have been infringed upon ("Infringed Material"), or if multiple protected works are covered by a single Notice, a list of each protected work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Terms and Conditions of Service and Use last updated on: January 1, 2008.