Terms and Conditions of Use
THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE ONLINE TRAINING SESSIONS.BY ACCESSING THE SITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.
BY USING CATALOGUNIVERSITY.COM’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS CATALOGUNIVERSITY.COM MAY MAKE AT ANYTIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
Catalog University, LLC
c/o Janie Downey
96 Two Lights Road
Cape Elizabeth, ME 04107
* “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
* “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
* “Catalog University” refers to cataloguniversity.com, a Maine limited liability corporation.
* “Content” refers to information, data, software, photographs, graphs,videos, typefaces, graphics, music, sounds, and other material on the Cataloguniversity.com Site.
* “Subscriber” refers to any person or entity that purchases or uses a subscription to the online classes at Catalog University, and may be a Single-User Subscriber, Multi-User Subscriber, Educator, or gift subscription recipient.
* “User” refers to any party who Accesses the Site. If you are Accessing the Site as an employee or agent of another, “User” refers to You and Your principal.
* “Website” or “Site” refers to the website maintained on the World Wide Web by cataloguniversity.com, available at http://www.cataloguniversity.com
* “You” or “Your” refers to the User. If you are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.
3.Modification of Terms.
Cataloguniversity.com reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after cataloguniversity.com gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
Cataloguniversity.com hereby grants each Subscriber a limited, non-exclusive, non-sub licensable and non-transferable license to Access the content and information available on our site according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. You may not:
- modify, download (other than page caching), reproduce, copy, or resell the Cataloguniversity.com Site, the Content or any portion or derivative thereof;
- commercially use the Cataloguniversity.com Site, the Content or any portion derivative thereof;
- copy or download any User’s account information for the benefit of any third party;
- enable high volume, automated, electronic processes that apply to the Cataloguniversity.com Site or its systems;
- use any robot, spider, data miner, scraper or other automated means to access the Cataloguniversity.com Site or its systems for any purpose;
- interfere or attempt to interfere with the proper working of the Cataloguniversity.com Site;
- bypass any Cataloguniversity.com measures used to prevent or restrict access to any portion of the Cataloguniversity.com Site;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cataloguniversity.com;
- use Cataloguniversity.com name, trademarks, services marks or logos in any meta tags or any other “hidden text” or
- compile, repackage, disseminate or otherwise use data extracted from the Cataloguniversity.com Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Cataloguniversity.com’s express written consent (which may include a written agreement signed by an authorized representative of Cataloguniversity.com). Any unauthorized use of the Cataloguniversity.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Cataloguniversity.com.
Each Multi-User Subscriber may only allow its employees and agents to access the site. If the Multi-User Subscriber’s license terminates, the Multi-User Subscriber’s employees and agents shall no longer have Access to the site. Each Multi-User Subscriber agrees that the site may not be accessed by more than the authorized number of Users purchased by the Multi-User Subscriber. Each User shall be authorized to Access the site from any Internet connection.
A Multi-User Subscriber administrator selected by the Subscriber (the “Administrator”) shall be designated to oversee and be responsible for management of the User accounts.
5.Fees; Renewal; Refund Policies.
Monthly subscription plan automatically renews monthly until cancelled by Subscriber on the same date of each corresponding month or on final date of month if no corresponding date(January 31, 2011 subscription renews on February 28, 2011)
Subscription fees are non-refundable;except that Subscriber may cancel renewed subscription in writing up to three(3) calendar days after renewal date and receive a full refund of the new subscription fees. Cataloguniversity.com may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that cataloguniversity.com provides notice at least thirty (30) calendar days prior to the expiration of the subscription. Cataloguniversity.com may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information. Right of Access to the site is granted under these Terms is effective only upon payment of the subscription fees.
Yearly plans automatically renew on the anniversary date of the subsequent year until cancelled by subscriber.
6. User Agreements
User agrees to use the Cataloguniversity.com Site only for lawful purposes. If you post any information on the Site, please choose carefully that information carefully. Your Cataloguniversity.com postings may not include any form of Prohibited Content, as that term is defined below. User is prohibited from posting on or transmitting through the Cataloguniversity.com Site any unlawful, harmful,threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability,or otherwise violate any applicable local, state, national, or international law. Cataloguniversity.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Cataloguniversity.com services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Cataloguniversity.com expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Cataloguniversity.com Site if Cataloguniversity.com determines, in its sole discretion, that you have violated this Agreement.
If Cataloguniversity.com is notified of any Content provided by that is allegedly infringing,defamatory, damaging, illegal, or offensive, Cataloguniversity.com reserves the right to remove or request the removal of such Content from the Cataloguniversity.com Site without notice. Cataloguniversity.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Cataloguniversity.com Site; or (iii) to protect the rights or property of Cataloguniversity.com and its officers, directors, employees,agents, third-party content providers, merchants, sponsors, and licensors (collectively, “Cataloguniversity.com Providers“) and any other User.
Cataloguniversity.com reserves the right to prohibit or restrict conduct,communication, or Content that Cataloguniversity.com deems in its sole discretion to be harmful to Users, Cataloguniversity.com, Cataloguniversity.com affiliates, the Cataloguniversity.com Site, the communities that make up the Cataloguniversity.com Site, or any third party, or to violate any applicable law. Notwithstanding the foregoing, Cataloguniversity.com assumes no responsibility for ongoing monitoring of the Cataloguniversity.com Site or for removal or editing of any Content, even after receiving notice. Cataloguniversity.com assumes no liability for any action or inaction with respect to conduct, communication, or Content of any third party on the Cataloguniversity.com Site.
7. Proprietary Rights
User acknowledges that the Cataloguniversity.com Site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Cataloguniversity.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may 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, in whole or in part. Except as permitted by the fair use privilege under the U.S. copyright laws (see, e.g.,17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
In accordance with the Digital Millennium Copyright Act (“DMCA”), any User or other person can report an infringement to Cataloguniversity.com at corrections@Cataloguniversity.com .
If you believe your work has been copied and posted on or through the Cataloguniversity.com Services in a way that constitutes copyright infringement, please send Cataloguniversity.coma notification at the address set forth above of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b)identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Cataloguniversity.com Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature.
If a user submission of yours has been removed, and you believe that it is not infringing or that you have authority from the owner, or otherwise have the legal right to have posted it, you may send a counter notice to the address above containing the follow information: your physical or electronic signature; identification of the content that was removed and the location at which the removed material was located; a statement that you have a good faith believe that the content was removed by mistake; and your name address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Cataloguniversity.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed content may be restored in Cataloguniversity.com’s sole discretion.
Cataloguniversity.com may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s right to use or access all or any part of the Cataloguniversity.com Site including any account thereon, without notice, for any reason in Cataloguniversity.com’s sole discretion, including without limitation Cataloguniversity.com’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Cataloguniversity.com,any Cataloguniversity.com Provider or another User.
9. Password And Account Security
Every User that has an account on the Cataloguniversity.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User’s computer; and (iii) keeping thee-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Cataloguniversity.com account using an old e-mail address, such User will not receive messages from Cataloguniversity.com about his or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User’s Cataloguniversity.com account.
User consents to receive electronic communications from Cataloguniversity.com,whether addressed to the e-mail address associated with such User’s Cataloguniversity.com account or posted on the Cataloguniversity.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this Cataloguniversity.com Site satisfies any legal requirement that such communications be made in writing.
11. Disclaimers And Limitation Of Liability
Cataloguniversity.com is not responsible for and makes no warranties, express or implied, as to any Content whether caused by Users of the Cataloguniversity.com Services or by any of the equipment or programming associated with or utilized in the Cataloguniversity.com Services and such User Content does not necessarily reflect the opinions or policies of Cataloguniversity.com.Profiles and third party applications created and posted by Users on the Cataloguniversity.com Site may contain links to other websites. Cataloguniversity.com is not responsible for the content, accuracy or opinions expressed on such websites,and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Cataloguniversity.com. Inclusion of any linked website on the Cataloguniversity.com Services does not imply approval or endorsement of the linked website by Cataloguniversity.com. When you access these third party sites, you do so at your own risk. Cataloguniversity.com takes no responsibility for third party advertisements or third party applications that are posted on or through the Cataloguniversity.com Services,nor does it take any responsibility for the goods or services provided by its advertisers. Cataloguniversity.com is not responsible for the conduct, whether online or offline, of any User of the Cataloguniversity.com Services. Cataloguniversity.com assumes no responsibility for any error, omission, interruption, deletion,defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Cataloguniversity.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Cataloguniversity.com Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Cataloguniversity.com Services. Under no circumstances shall Cataloguniversity.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Cataloguniversity.com Services, from any Content posted on or through the Cataloguniversity.com Services, or from the conduct of any Users of the Cataloguniversity.com Services, whether online or offline.
The Cataloguniversity.com site is provided by Cataloguniversity.com on an”as is” and “as available” basis. To the fullest extent permissible by applicable law, each Cataloguniversity.com provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a user, some or all of the above disclaimers, exclusions, or limitations may not apply to such user, and such user may have additional rights.
13. Applicable Law; Jurisdiction
Each of Cataloguniversity.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Cumberland County, Maine and waives any objection to the laying of venue of any litigation in said courts.
14. Dispute Resolution
Alternatively, at Cataloguniversity.com’s sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Cumberland County, Maine.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. Cataloguniversity.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to atrial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of,under or in connection with this agreement. Further, each party hereto certifies that no representative or agent of either party has represented,expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into this agreement.