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.

1. The Agreement. We, CourseSmart, LLC ("CourseSmart"), are providing you with access to digital versions of certain textbooks ("eTextbooks") on the condition that you agree with and accept all of the terms and conditions set forth herein. These Terms and Conditions of Service and Use, together with all updates, shall constitute the "Agreement."

2. Definition of the Service. CourseSmart provides you with access to eTextbooks (the "Service") either (i) by viewing CourseSmart eTextbooks Online (the "Online Model" or "CourseSmart eTextbooks Online") or (ii) by downloading a copy of the eTextbook to one personal computer (the "Download Model"), or (iii) by purchasing access code(s) to access online resources from certain third party websites, under the terms and conditions set forth in this Agreement.

3. Age Requirement for Use of the Service. The Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

4. Your Agreement. By clicking the check box labeled "Yes, I have read and agree to the CourseSmart Terms and Conditions of Service and Use" when you first access the Service, you acknowledge and confirm that you have reviewed the terms and conditions in this Agreement and that you agree with and accept them.

5. Use of the Service- By Students and By Instructors.
   
   a. By Students- Via the Online Model.
   
   CourseSmart eTextbooks Online is our subscription service that enables a paying subscriber to have access to and use of eTextbooks. As a paying subscriber, 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. In addition, as a paying subscriber, 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 and/or copy and paste digital pages of the CourseSmart eTextbooks for your personal, noncommercial use and reference in connection with your course work; however, the number of pages that you may print is limited to 150% of the number of pages in the eTextbook;
   • personalize the CourseSmart experience by creating bookmarks and adding personal notes; and
   • purchase access codes to access online resources from certain third party websites;
   • obtain a subscription refund as long as you are eligible to receive a refund as described in our Refund Policy.
   
   
   Length of Subscription. The length of subscriptions to individual CourseSmart eTextbooks may vary. The subscription period can be seen on each CourseSmart eTextbook's 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. Most subscriptions will last approximately six (6) months. You can renew your subscription to your CourseSmart eTextbooks from the CourseSmart website, as needed.
   
   b. By Students- Via the Download Model.
   
   Alternatively, a registered user may elect to download CourseSmart eTextbooks to one (1) personal computer. As a registered user, you are granted a personal, non-exclusive, non-transferable, limited license to access the CourseSmart eTextbooks that you download, and to reproduce and store portions of their contents for your personal, noncommercial use, all according to the terms and conditions of this Agreement. In addition, as a registered user of our Download Model, you may:
   
   
   • view all content of any and all of the CourseSmart eTextbooks that you have downloaded, until such downloads expire;
   • print and/or copy and paste digital pages of the CourseSmart eTextbooks for your personal, noncommercial use and reference in connection with your course work; however, the number of pages that you may print is limited to 150% of the number of pages in the eTextbook;
   • personalize the CourseSmart experience by creating bookmarks and adding personal notes; and
   • purchase access codes to access online resources from certain third party websites; and
   • obtain a refund as long as you are eligible to receive a refund as described in our Refund Policy.
   
   
   Expiration of Downloads. A downloaded version of an eTextbook will expire at the same time that a subscription for that eTextbook will expire. The expiration date is visible if you mouse over the title of the eTextbook in the bookshelf.
   
   Interruption in Transmission. If, while you are downloading an eTextbook, the transmission is interrupted in any way, you can use your CourseSmart account and password to begin the download again. If you have problems with the download, please contact Customer Service at http://www.coursesmart.com/customersupport.
   
   c. By Instructors and Professors. If you are an instructor or professor who has been authorized by one of CourseSmart's content providers to access an eTextbook, you:
   
   
   • May also request an examination copy of a CourseSmart eTextbook by submitting an online form, as described when you click on the "Request Online Exam Copy" link associated with any CourseSmart eTextbook. You may not, however, give or sell access to 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.
   • May view all content of any and all of the CourseSmart eTextbooks to which you are subscribed, for the period of your subscription.
   • May print and/or copy and paste digital pages of the CourseSmart eTextbooks for your personal, noncommercial use and reference in connection with your teaching. The number of pages that you may print is limited to 150% of the number of pages in the eTextbook.
   • May personalize the CourseSmart experience by creating bookmarks and adding personal notes.
   • May display content within a CourseSmart eTextbook in your classroom as part of your course instruction.
   
   d. Limits on Your Use of the Service.
   
   No Ownership Rights. Whether you elect to access eTextbooks via the Subscription Model or the Download Model, 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 use of the Service does not give you any ownership rights in the eTextbooks; rather, you only have a limited right to access such eTextbooks.
   
   Personal Use of the Service. 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. 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. In addition, you will not make print or electronic copies of any portions of an eTextbook for anyone other than yourself to use, nor will you 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.
   
   Unauthorized Use of Your Account. You agree to promptly notify CourseSmart of any known or suspected unauthorized use(s) of your account for 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.
   
   Prohibited Activities. When using the Service, you agree to refrain from doing any of the following:
   
   
   • violating applicable federal, state and international laws;
   • using the Service to harm minors;
   • interfering with others' use of the Service;
   • using the Service to invade the privacy of others, or to collect and use an individual's personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Service;
   • using the Service to create a false identity or to impersonate another person; and
   • using the Service to advertise Internet sites or services which are competitive to the Service.
   
   
   In addition, you will not, either knowingly or with reckless disregard, participate in any actions intended to interrupt or otherwise negatively impact the CourseSmart 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.
   
   Enforcement of These Terms. Except as described in this Section 5, 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. In addition, You agree that CourseSmart has the right, without liability to you, to disclose any Registration Data and/or account information to law enforcement authorities, government officials, and/or a third party, as CourseSmart believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to CourseSmart's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
   

6. 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:
   

   • the Licensed Material may only be used and displayed on the Instructor Website,
   • you may not alter the Licensed Material in any way,
   • 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
   • 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.

7. CourseSmart's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to CourseSmart's Privacy Policy at http://www.coursesmart.com/privacypolicy, which is expressly made part of this Agreement. If you have not already read CourseSmart's Privacy Policy, you should do so now.

8. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. CourseSmart may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that CourseSmart may store and use the Registration Data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.

9. Payment Terms and Cancellation. When you use the Service as a paying subscriber, you agree (i) to timely pay the applicable subscription or download fees and (ii) to provide CourseSmart with a valid credit card or PayPal account details for payment of all fees. All fees are payable in U.S. dollars in advance and include all applicable taxes. Sales tax will be included as required by law. 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.

10. Refund Policy.
    
    a. For the Online Model.
    
    You may cancel your Online CourseSmart eTextbook subscription to the Service and request an immediate refund at any time within fourteen (14) days of your initial subscription, provided that you have viewed and/or printed, in total, less than twenty percent (20%) of the CourseSmart eTextbook If you subscribe to an online CourseSmart eTextbook, request a refund, and then re-subscribe to the same online CourseSmart eTextbook, you will not be eligible to request any further refunds for subscriptions or re-subscriptions to that online CourseSmart eTextbook.
    
    b. For the Download Model.
    
    Once the eTextbook has been downloaded successfully, you may not obtain a refund of your eTextbook purchase.
    
    c. Access Codes.
    
    If, while on the CourseSmart website, you purchase access code(s) to online resource materials from a third party website, you may not obtain a refund of any fees you paid CourseSmart for such access code(s).

11. Intellectual Property.
    
    a. eTextbooks Protected by Intellectual Property Rights.
    
    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.
    
    b. No Modification of eTextbooks.
    You agree that 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).

12. Withdrawal or Removal of Features of the Service.
    
    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 that you subscribe to or download, with or without refunds or price adjustments, at CourseSmart's sole discretion.

13. Indemnification of CourseSmart.
    
    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:

    • your use of the Service;
    • your breach of this Agreement or any representation, warranty or covenant made by you herein or therein; or
    • 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 party's trademark or other intellectual property rights, or any claim of defamation, libel or slander.
    
    This indemnification obligation survives any termination of this Agreement.

14. Termination of Your Right to Use The Service. CourseSmart reserves the right in its sole discretion to terminate your use of the Service at any time for any reason. In the event CourseSmart terminates your use of the Service for your breach of this Agreement, no refund of any prepaid fees will be made. Should such termination occur for any other reason and if you are a paying subscriber, CourseSmart will refund to you fees previously paid by you as described above. Upon termination, for any such reason, your right to use the Service, and all associated license rights, shall immediately terminate, and you shall cease having access to the Service and will have no further rights to use the Service. Termination of your right to use 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.

15. Additional Terms.
    
    a. Entire Agreement. 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."
    
    b. Force Majeure. 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.
    
    c. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without regard to its conflict of law provisions.
    
    d. Dispute Resolution. 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 arbitrator's 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.
    
    e. Disclaimer of Warranties. 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. YOU AGREE THAT FROM TIME TO TIME, COURSESMART MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
    
    COURSESMART SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND COURSESMART HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
    
    f. Limitations of Liability. 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.
    
    g. Severability. 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.
    
    h. No Waiver. 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.
    
    i. 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
    901 Mariners Island Blvd., Suite 545
    San Mateo, California 94404
    
    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: August 4, 2009