Home
Terms of Service

About the Site

Terms and Conditions of Service and Use

Your use of the CourseSmart™ service, and your agreement to rent our eTextbooks and purchase of eResources are subject to the following terms and conditions.

Please read these terms and conditions carefully.

The Agreement. We, CourseSmart, LLC ("CourseSmart™"), are providing you with access to digital versions of certain textbooks ("eTextbooks") and certain proprietary electronic resources ("eResources") 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."
Definition of the Service. CourseSmart™ provides you with access to eTextbooks and eResources (collectively, the "Service"). To access eTextbooks, you may either rent to CourseSmart™ eTextbooks online or purchase access code(s) from bookstores and other physical locations which you can use to access your eTextbooks. Once you have accessed an eTextbook online, you have the ability to view it offline. Viewing eTextbooks offline is explained in greater detail below. In addition, to access eResources , you will be re–directed to the third party website that is providing the eResource and once on that third party website, you will enter the access code for the eResource that you purchased on CourseSmart.com.
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.
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.
Use of the Service for eTextbooks– By Students and By Instructors.
1. By Students
  CourseSmart™ eTextbooks is our digital rental service that enables a paying customer to have access to and use of eTextbooks. As a paying customer, you are granted a personal, non–exclusive, non–transferable, limited license to access the CourseSmart™ eTextbooks that you rent, 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 customer, you may:
  - view all content of any and all of the CourseSmart™ eTextbooks that you have rented for the rental term;
  - 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;
  - 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 below.
  Offline Option
  When you rent a CourseSmart eTextbook , you also have the option to access and view your eTextbook offline. In order to use this feature, you must use an offline compatible browser as listed in the Customer Support topic "Browser Requirements for eTextbooks". After first viewing and renting an eTextbook online, you may check out an entire eTextbook, or only particular chapters of an eTextbook. A user may check out up to five (5) eTextbooks at any one time, and may not check out more than 300 chapters in any thirty (30) day period. If you have checked out an eTextbook, in order to be eligible for a refund, you must first check the eTextbook back in. For more details, see our Refund Policy below.
  If you are viewing an eTextbook offline, you will not have access to all of the features that are available if you view the eTextbook online. For example, you may only search one (1) page of text at a time, and you will not have access to CourseSmart's knowledge base or to the print and zoom features that are available if you view the eTextbook online.
  In addition, in order to view an eTextbook or a chapter of an eTextbook offline, the user must use the same computer and the same web browser that were used when the eTextbook was checked out.
  Rental Periods.
  The rental period for individual CourseSmart™ eTextbooks may vary. The rental period can be seen on each CourseSmart™ eTextbook's product page and is also visible in the shopping cart during the checkout process. Once you have purchased a CourseSmart™ eTextbook, the expiration date is visible beside each CourseSmart™ eTextbook title on the My Bookshelf page. Most rental periods will last approximately six (6) months. You can renew your rental of your CourseSmart™ eTextbooks from the CourseSmart™ website, as needed.
2. 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 that you rent for the duration of the rental period.
  - 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.
Use of the Service for eResources – By Students
In addition to renting for eTextbooks, a registered user may also rent or download a variety of eResources . The eResources are made available to CourseSmart™ through relationships we have established with certain third party providers. When you purchase an eResource on CourseSmart.com (the "CourseSmart™ Site"), you will be provided an access code and then you will be directed to the applicable third party provider's website. When you are on such third party provider's website, you may enter your access code to rent or download your eResource . Your use of the eResource will be governed by the terms and conditions of the third party provider's website, which you are encouraged to review prior to accessing your eResource.
Limits on Your Use of the Service.
No Ownership Rights. 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 the CourseSmart™ Service is 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.
Removal of eTextbooks and eResources . You agree that CourseSmart™ may, at any time and with or without prior notice, remove an eTextbook or eResource from the Service if CourseSmart™ determines, in its sole discretion, that it does not possess the appropriate or necessary rights to provide you with access to such eTextbook or eResource. In the event CourseSmart™ elects to remove an eTextbook or eResource from the Service AND SUCH REMOVAL OCCURS WITHIN THE FIRST 12 MONTHS FOLLOWING YOUR DATE OF PURCHASE, you agree that your sole and exclusive remedy shall be a refund of all amounts previously paid by you to CourseSmart™ for the removed eTextbook or eResource . IN THE EVENT COURSESMART™ ELECTS TO REMOVE AN ETEXTBOOK OR ERESOURCE FROM THE SERVICE AT ANY TIME AFTER 12 MONTHS FROM YOUR DATE OF PURCHASE OF SUCH ETEXTBOOK OR ERESOURCE, YOU AGREE THAT YOU SHALL NOT BE ENTITLED TO ANY REFUND FROM COURSESMART™.
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:
1. violating applicable federal, state and international laws;
2. using the Service to harm minors;
3. interfering with others' use of the Service;
4. 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;
5. using the Service to create a false identity or to impersonate another person; and
6. 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 7, any other use of the CourseSmart™ Service 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 (as defined in Section 11 below) 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).
Linking and Use of Site Materials by Instructors. If you are an instructor, you may include a link to a CourseSmart™ eTextbook or an eResource from a website ("Instructor Website") you maintain as part of your educational course ("Course") for the sole purpose of informing students that may rent a CourseSmart™ eTextbook related to the Course ("Permitted Purpose"). CourseSmart™ grants you a non–exclusive, nontransferable, revocable, royalty–free license to use, reproduce, distribute and display a link to 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:
1. the Licensed Material may only be used and displayed on the Instructor Website,
2. you may not alter the Licensed Material in any way,
3. 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 rent the CourseSmart™ eTextbook, and
4. 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 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.
Students with Disabilities. If you have a disability, you may register and use the Service. If you need screen reader access to your eTextbook , contact CourseSmart to obtain the accessible version of our reader. If an accessible version of your eTextbook cannot be made available, you will need to contact the Disability Support Services Office at your school or university to receive a version of the eTextbook that is most appropriate for you.
CourseSmart's™ Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to CourseSmart's™ Privacy Policy, which policy is expressly made part of this Agreement. If you have not already read CourseSmart's™ Privacy Policy, you should do so now.
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.
Payment Terms and Cancellation. When you use the Service as a paying customer, you agree (i) to timely pay the applicable Service fees and (ii) to provide CourseSmart™ with 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.
Refund Policy.
1. For eTextbooks.
  You may, during the fourteen (14) day period immediately following your rental of a CourseSmart™ eTextbook, cancel your purchase and request a refund, provided that you have viewed and/or printed, in total, less than twenty percent (20%) of the CourseSmart™ eTextbook and provided that you have not yet used the access code to view any online resource that may be included with our eTextbook purchase If you have accessed your eTextbook and checked out any part of it to view it offline, you must first "check in" your eTextbook in order to be eligible for a refund. If you rent a CourseSmart™ eTextbook, request a refund, and then rent the same CourseSmart™ eTextbook, you will not be eligible to request any further refunds for that CourseSmart™ eTextbook.
2. For eResources
  If, while on the CourseSmart™ Site, you purchase an eResource with an access code to materials from a third party website, you may only obtain a refund of any fees you paid CourseSmart™ for the eResource if you have not used the access code and you request the refund within 14 days of your purchase.
3. Fluctuations in Currency Exchange Rates
  eTextbooks and eResources are priced and paid for in U.S. Dollars, Therefore, if you used a foreign currency to purchase an eTextbook or eResource , the price you paid in your local currency was based on applicable exchange rates at the time your purchase was processed. If you later seek a refund of your purchase, you will receive in your local currency an amount equal to the dollar value of the refunded item, based on applicable exchange rates at the time your refund is processed. As a result of fluctuations in the exchange rate after your purchase, you may receive an amount in your local currency that is more or less than the amount of your purchase.
Intellectual Property.
1. eTextbooks and eResources are Protected by Intellectual Property Rights.
  You agree that the contents of the CourseSmart™ eTextbooks and eResources 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 or eResources , 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.
2. No Modification of eTextbooks or eResources.
  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 or eResources , 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).
3. 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 have rented, with or without refunds or price adjustments, at CourseSmart's™ sole discretion.
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:
1. your use of the Service;
2. your breach of this Agreement or any representation, warranty or covenant made by you herein or therein; or
3. 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.
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, if you are customer at that time 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™.
Additional Terms.
1. 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."
2. 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.
3. 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.
4. 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.
5. Disclaimer of Warranties. THE COURSESMART™ ETEXTBOOKS, ERESOURCES, 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.
6. 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 RENTAL FEES ACTUALLY PAID BY YOU TO COURSESMART™ UNDER THIS AGREEMENT.
7. 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.
8. 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.
9. 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
  1800 Gateway Dr., Suite 120
  San Mateo, California 94404
  To be effective, the Notice must include the following information:
  1. 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;
  2. 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;
  3. Identification of the allegedly infringing material on the CourseSmart™ Site ("Infringing Material"), and information reasonably sufficient to permit CourseSmart™ to locate such material on the CourseSmart™ Site;
  4. 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);
  5. 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
  6. 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: June 7, 2012