Courseware Store Terms Of Use

Terms of Use

Last Updated: July 22, 2024

Welcome to Courseware Store. By accessing and using our platform, you agree to comply with these terms of use. Please read them carefully before proceeding.

General Terms

These terms apply to all users of Courseware Store.

www.coursewarestore.com is a website operated by Webucator, Inc., a New York corporation with a place of business at 201 West Genesee Street, Suite 113, Fayetteville, NY 13066-1313.

This page (together with the documents referred to on it) tells you the terms and conditions on which you may use Courseware Store and on which we supply any of the Products listed on our website coursewarestore.com to you. By ordering any of our Products, you agree to be bound by these terms and conditions.

Courseware Store is offered and available to users who are 18 years of age or older. By using Courseware Store, you represent and warrant that you are of legal age to form a binding contract with Webucator, Inc. and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or purchase any of the Products from Courseware Store.

You should print a copy of these terms and conditions for future reference.

TERMS USED IN THIS AGREEMENT

In this agreement the following terms shall mean:

  1. "Webucator", "we" or "us" means Webucator, Inc., its employees, subcontractors and/or other companies which are appointed by Webucator to provide services in relation to Courseware Store operated by Webucator;
  2. "E-book" means a publication in digital form, consisting of text, images, or both, readable on computers, mobile phones, E-book readers or other electronic devices ("Reading Devices").
  3. "Goods" means physical products such as (but not limited to) books, manuals or software on physical media;
  4. "Product(s)" is any product offered in the Marketplace consisting of either an E-book, a Voucher, or Goods which may be purchased from Courseware Store operated by Webucator; and
  5. "Courseware Store" or "Marketplace" means the Webucator Courseware Store coursewarestore.com

ACCOUNT MANAGEMENT

  1. Single Account Usage: Each user is permitted to create and maintain only one account on the Courseware Store. Multiple accounts for the same user are not allowed. The use of multiple accounts by a single individual is strictly prohibited and will result in the merging or deactivation of the additional accounts.
  2. Account Sharing is Prohibited: Sharing an account with multiple users is not permitted. Each account is intended for use by a single individual only. Users must ensure that their login credentials are not shared with others. The account holder is responsible for all activities conducted under their account.
  3. Privacy and Security: To protect user privacy and maintain security, account information must be kept confidential. Users are advised to use strong passwords and change them regularly to prevent unauthorized access.
  4. Compliance and Enforcement: Failure to comply with this policy may result in the suspension or termination of the user's account. Courseware Store reserves the right to review and audit accounts to ensure compliance with this policy.
  5. Exceptions and Special Cases: Any exceptions to this policy must be approved by Courseware Store management. Requests for exceptions can be submitted via email to courseware@coursewarestore.com.

PERSONAL DATA

Personal details provided to Webucator through this website will only be used in accordance with our Privacy Policy, incorporated herein by reference. By using the Marketplace, you consent to such processing of your personal data and you warrant that all data provided by you is accurate. Please read our Privacy Policy carefully.

OUR LIABILITY

  1. In accordance with your statutory rights, we warrant to you that any Product purchased from Courseware Store is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
  2. We cannot ascertain whether you or your customers’ computer or Reading Device fulfills the system requirements and we therefore assume no responsibility or liability for the functionality of your computer system after a Product has been installed.
  3. The Marketplace and the Products are provided "as is". While we have taken every care in the preparation of the content of the Marketplace, we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with Courseware Store. Except as set out in this condition , all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Products are excluded to the extent permitted by law.
  4. WITHOUT LIMITING THE FOREGOING, WEBUCATOR DOES NOT REPRESENT OR WARRANT THAT THE MARKETPLACE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE MARKETPLACE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MARKETPLACE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MARKETPLACE OR PRODUCTS OBTAINED WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
  5. EXCEPT AS OTHERWISE OUTLINED IN THIS SECTION, TO THE FULLEST EXTENT PROVIDED BY LAW, WEBUCATOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  6. Where Courseware Store contains links to other sites and resources provided by third parties, these links are provided for your information only. We do not identify ourselves with the content of such sites and resources, have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  7. We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms and conditions, except as provided by mandatory law. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect, incidental, special, exemplary, punitive, or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the Marketplace, regardless of whether or not we were advised of the possibility of such damages and the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. We shall not be liable to any person for any loss or damage which may arise from the use or misuse of the Marketplace or any of the materials on the Marketplace (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill).
  8. This does not include or limit in any way our liability:
    1. for death or personal injury caused by our negligence;
    2. for fraud or fraudulent misrepresentation; or
    3. for gross negligence or intent; or
    4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

INTELLECTUAL PROPERTY

  1. Products offered in Courseware Store are the intellectual property of their respective authors. To activate the download of an E-book to a Reading Device or access to an E-book on the Platform Reader, you and/or your customer must accept the respective terms and conditions bundled with the Product. You may not and you will ensure that your customer does not remove any copyright, trademark or intellectual property notices contained in any Product. You and your customers are bound by the Digital Content limitations listed in the Student Terms of Use.
  2. We are the owner or the licensee of all intellectual property rights in Courseware Store, and in the material published on it. Those works are protected by copyright, trademark, database rights, and other such intellectual property laws and treaties around the world. All such rights are reserved.
  3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  4. If you print off, copy or download any part of Courseware Store in breach of these terms of use, your right to use Courseware Store will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  5. Using Courseware Store does not give you permission to link to it or to use any of the trademarks, designs, get-up, and/or logos contained within it.
  6. Courseware Store and all logos on the Site are business names and marks which are the property of Webucator, Inc. or third parties.

WRITTEN COMMUNICATIONS AND NOTICES

  1. Applicable laws require that some of the information or communications we send to you should be in writing. When using Courseware Store, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in Courseware Store or the account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
  2. All notices given by you to us must be given to Webucator, 201 West Genesee Street, Suite 113, Fayetteville, NY 13066-1313, or by email: courseware@coursewarestore.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, the email address associated with your account, or in any of the ways specified in clause 19.1 above. Notice will be deemed received and properly served immediately when posted in Courseware Store, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

  1. The Contract between you and us is binding on you and us and on our respective successors and assigns.
  2. We may transfer, assign, charge, sub-contract, or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  3. You will not assign any of your rights or delegate any of your obligations under these terms of use without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these terms of use.

EVENTS OUTSIDE OUR CONTROL

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
  2. A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control, including but not limited to:
    1. strikes, lock-outs, or other industrial action.
    2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    3. fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
    4. impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
    5. impossibility of the use of public or private telecommunications networks.
    6. the acts, decrees, legislation, regulations, or restrictions of any government.
  3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

VIRUSES, HACKING AND OTHER OFFENSES; PROHIBITED USES

  1. You must not misuse Courseware Store or the Service by introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to Courseware Store or the Service, the server on which Courseware Store or the Service is stored, or any server, computer, or database connected to Courseware Store. You must not attack Courseware Store or the Service via a denial-of-service attack or a distributed denial-of-service attack.
  2. By breaching this provision, you would commit a criminal offense. We may report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Courseware Store and our Service will cease immediately.
  3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Courseware Store and our Service or to your downloading of any material posted on it, or on any website linked to it. Your use of Courseware Store is at your own risk.
  4. You may use Courseware Store or the Service only for lawful purposes and in accordance with these terms of use. You agree not to use Courseware Store or Service:
    1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
    3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these terms of use.
    4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    5. To impersonate or attempt to impersonate Webucator, a Webucator employee, another user, or any other person or entity (including, without limitation, by using email addresses or login credentials associated with any of the foregoing).
    6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Courseware Store or the Service, or which, as determined by us, may harm Webucator or users of Courseware Store or Service, or expose them to liability.
    7. Additionally, you agree not to:
      1. Use Courseware Store or the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the foregoing, including their ability to engage in real-time activities.
      2. Use any robot, spider, or other automatic device, process, or means to access Courseware Store or Service for any purpose, including monitoring or copying any of the material on Courseware Store.
      3. Use any manual process to monitor or copy any of the material on Courseware Store or Service, or for any other purpose not expressly authorized in these terms of use, without our prior written consent.
      4. Use any device, software, or routine that interferes with the proper working of Courseware Store or Service.
      5. Otherwise attempt to interfere with the proper working of Courseware Store or Service.
  5. We have the right to:
    1. Take any action with respect to your use of Courseware Store or Service and concerning any information you provide that we deem necessary or appropriate in our sole discretion, including if we believe that such use of information violates the terms of use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for Webucator.
    2. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Courseware Store.
    4. Terminate or suspend your access to all or part of Courseware Store or Service for any or no reason, including without limitation, any violation of these terms of use.
  6. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Courseware Store. YOU WAIVE AND HOLD HARMLESS WEBUCATOR FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WEBUCATOR DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WEBUCATOR OR LAW ENFORCEMENT AUTHORITIES.
  7. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party on or through Courseware Store or Service. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

WAIVER

  1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
  3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17 (Notices) above.

SEVERABILITY

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.

MISCELLANEOUS

  1. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
  2. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
  3. We have the right to revise and amend these terms and conditions from time to time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on Courseware Store.
  4. You will be subject to the policies and terms and conditions in force at the time that you order products from us unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

LAW AND JURISDICTION

Contracts for the purchase of Products placed through the Webucator Courseware Marketplace will be governed by New York law, and the courts of the state of New York located in Onondaga County shall have exclusive jurisdiction.

Terms Specific to Users Purchasing Courseware

STUDENT LICENSING REQUIREMENTS

  1. Individual Student Licensing. Each student who is enrolled in a course or class that utilizes any Product(s) from Courseware Store must possess an individual, paid license for the respective Product(s). No student may participate in the course or class unless a copy of the relevant Product(s) has been individually licensed to them.
  2. No Sharing or Single-License Use. Students are strictly prohibited from sharing copies of the Product(s). Each student must have their own, individually licensed copy. Trainers or Licensees may not conduct a course by presenting from a single copy of the Product(s) unless each participating student also possesses an individually licensed copy.
  3. Use of Derivative Materials. Trainers or Licensees may not use labs, PowerPoints, or class files that are based on or derived from Products found in Courseware Store to teach a course unless each participating student possesses an individually licensed copy of the relevant Product(s).
  4. Penalties for Non-Compliance. Failure to comply with the Individual Student Licensing requirements may result in the termination of the Licensee's account or legal action.

AVAILABILITY

  1. Courseware Store is only intended for use by registered customers purchasing Products as a business for commercial purposes, including the resale of Products to end customers. Courseware Store shall only be used for such purposes.
  2. By ordering Products from Courseware Store, you warrant that:
    1. You are legally capable of entering into binding contracts; and
    2. You guarantee that any of your customers who purchase and are supplied with E-books have been made aware of and bound by the terms that govern their use of the Products, and shall only be used for the intended training purposes. This agreement authorizes Licensee with non-exclusive rights to use the training materials for educational purposes for their students or customers for training purposes only. Placing the materials on marketplace, open source, shared content, or any third-party websites is strictly forbidden.
  3. Access to Courseware Store is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products we provide via Courseware Store without notice. You are responsible for making all technical and organizational arrangements necessary for you to have access to Courseware Store. We will not be liable to you if for any reason Courseware Store is temporarily unavailable at any time or for any period.
  4. From time to time, we may restrict access to some or all parts of Courseware Store.
  5. For your Courseware Store account you may have to provide certain personal information and create login credentials, including a user name, password, or any other piece of information as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user name and/or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or for any other reason in our sole discretion.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

  1. Any contract for the purchase of Products from Courseware Store will be concluded with Webucator, Inc., 201 West Genesee Street, Suite 113, Fayetteville, NY 13066-1313.
  2. After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order (Order Confirmation). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us.
  3. The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
  4. Once the contract is formed, you may either provide us with the details of the students or customers enrolling or using the Products or give students redemption codes by which they can claim access to the Products. By sharing student information, you represent and warrant that you have all necessary consents to share such information and are doing so in compliance with applicable law. Licensee is responsible for the use of the Products and Marketplace by its employees, students, and customers as if they were their own acts or omissions and shall ensure that the students and customers comply with their obligations under the student terms of use. Licensee will immediately notify Webucator of any unauthorized use.

AVAILABILITY AND PRODUCT DELIVERY

  1. We aim to update Courseware Store regularly and may change the content at any time. If the need arises, we may suspend access to Courseware Store, or close it indefinitely at any time, for any reason, and in our sole discretion. Any of the material on Courseware Store may be out of date at any given time, and we are under no obligation to update such material.
  2. Although we endeavor to ensure the availability of the Products shown in Courseware Store, we cannot guarantee that all of the Products will be in stock or available when you place your order. If we are unable to process or execute your order, we shall contact you:
    1. to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or
    2. to notify you that we are unable to fulfill the order.

If you reject our offer of an alternative Product and we are unable to fulfill the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).

SPECIFIC TERMS REGARDING 3rd PARTY ONLINE LABS FOR COURSEWARE

The purchase and use of labs are subject to the terms of the lab providers and that we make no guarantees and assume no liability.

RISK AND TITLE

The Products will be at your risk from the time of delivery.

PRICE AND PAYMENT

  1. The price of any Products will be as quoted in Courseware Store from time to time, except in cases of obvious error. Courseware Store contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in Courseware Store may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in Courseware Store, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
  2. These prices exclude VAT and in the shopping cart, you will see the price, applicable VAT, and delivery costs, if applicable.
  3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
  4. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
  5. We are under no obligation to deliver the Products until we have received payment from you. Please note that the order value displayed at checkout does not reflect any service charges that your bank or your provider for other payment services may impose from the use of payment methods. Please check in advance with your issuing bank or provider of payment services to find out which additional charges may apply.
  6. Withholding taxes: In case you claim entitlement to tax withholding you will need to provide Webucator with the form or document legally required to prove that you are entitled to tax withholding. Until you provide the required documentation to Webucator’s reasonable satisfaction, Webucator will require payment of the full price of the Products you ordered without any deductions. Any WHT for indirect taxes and surcharges shall be added to the prices and shall be borne by you. You shall provide Webucator with the tax payment / withholding certificate for indirect taxes and surcharges within 15 days after payment of the prices.

OUR REFUNDS POLICY

Unless a specific returns policy has been agreed with you, the following returns policy applies:

  1. You may return a Product to us in case the Product is defective or in case we have sent to you a Product that does not comply with the specifications of your order: In such cases, you will receive a replacement.

OUR LIABILITY

  1. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE MARKETPLACE.
    1. The limitation of liability set forth above shall only apply to the extent permitted by law.
    2. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE MARKETPLACE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Terms Specific to Users Accessing Courseware

USING COURSEWARE STORE

  1. To use Courseware Store you need to register at www.coursewarestore.com and log in to the site using an email address and password which you create on this site before your first login. The email address you use must be your email address, not a group email address. You must also include your real first and last name on your account. In addition, you are responsible for both 1) making all arrangements necessary for you to have access to the Courseware Store and 2) ensuring that you comply with these terms of use when accessing Courseware Store.
  2. To access Digital Content or E-books simply follow the instructions on the screen.

DIGITAL CONTENT

  1. We deliver E-books to you via your account on Courseware Store.
  2. The content you have been provided will be available for activation on Courseware Store for a limited period of 1 year. Please refer to your Training Center for further details of such expiry date.
  3. Use of Digital Content: Upon your download or access of Digital Content and subject to your payment of any applicable fees (including applicable taxes), the Training Center grants you a non-exclusive right to view, use, and display such Digital Content, on your Reading Device or as otherwise permitted as part of the service, for access on a maximum of three Reading Devices simultaneously, and solely for your personal use. Digital Content is licensed, not sold, to you by the Training Center. The Training Center may include additional terms for use within its Digital Content. Those terms will also apply, but this Agreement will govern the relationship between you and Webucator in the event of a conflict.
  4. Limitations: Unless specifically indicated otherwise, you may not copy, record, install, sell, rent, lease or lend, distribute, broadcast, publicly display, sublicense, or otherwise assign any rights to the Digital Content or any portion of it to any third party, remove or modify any proprietary notices or labels on the Digital Content, bypass, modify, defeat, or circumvent security features that protect the Digital Content, adapt, link to, post, publish, transmit, publish, rent, lease or lend the Digital Content, or reverse engineer, decompile, remove or otherwise thwart any protections or disassemble the Digital Content except and only to the extent that applicable law expressly permits, despite this limitation.

ADDITIONAL TERMS FOR TRAINERS

  1. As a trainer, your role in delivering quality education to students is vital. We appreciate your efforts and expect you to follow our policies to maintain a fair marketplace. Trainers are not allowed to share their contact information with the publishers of the courseware used in their classes. Additionally, sharing student contact information is strictly prohibited. Any breach of these policies may lead to the suspension or termination of your account and potential legal ramifications.
  2. Trainers may be given access to additional documents as part of courseware to help them prepare for and deliver a class. The trainer may not share those documents with anyone except for the purpose of delivering a class for which the courseware is licensed.
  3. Trainers may be granted a free evaluation copy of courseware. Under no circumstances are these copies to be used to deliver a class. They are for evaluation purposes only.

Terms Specific to Users Publishing Courseware

DESCRIPTION OF SERVICES

  1. Through Courseware Store, Webucator provides you with access to a variety of resources, information, and services, including but not limited to, uploading and publishing functionalities, and relevant sales information on your Products.
  2. Access to the Publisher Portal is permitted on a temporary basis, and we reserve the right to withdraw or amend the services and /or information we provide via the Publisher Portal without notice. You are responsible for making all technical and organizational arrangements necessary for you to have access to the Publisher Portal. We will not be liable to you if for any reason the Publisher Portal is temporarily unavailable at any time or for any period. We have the right to suspend your access to the Publisher Portal or close it indefinitely at any time, for any reason, and in our sole discretion.

YOUR CONTENT

  1. In case you are a Courseware Provider, you agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Courseware Publisher Portal content that you have the right and authority to Share and for which you have the right and authority to grant to us all of the licenses and rights as set forth in the Contract for Courseware Marketplace Participation you concluded with us.
  2. You agree that Webucator can make available to training companies an API feed by which they can list metadata (benefits, course outline, etc.) on their website. This would contain the same content, set by you, as appears on the Marketplace for your courseware.
  3. Be aware that the Shared content you make available through the Courseware Publisher Portal is confidential information before we offer it on Courseware Store for purchase. Unless otherwise agreed in writing your Shared content is considered confidential information and shall be received and treated by the individuals having access to the Publisher Portal on a confidential and restricted basis.
  4. Your content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, your content must not:
    1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
    4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these ToUs and our Privacy Policy.
    5. Be likely to deceive any person.
    6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
    7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
    9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
    10. Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
  5. Validated trainers (trainers associated with a validated training company) can get free copies of any courseware that the training company has purchased within the last year or for which they still have unused redemption keys. These copies will be protected with Digital Rights Management in the same way purchased courseware is.

OUR LIABILITY

  1. The Publisher Portal is provided "as is". While we have taken every care in the preparation of the content of the Publisher Portal we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Publisher Portal. We do not warrant that the Publisher Portal, its content, or information will be accurate, reliable, or uninterrupted, that defects will be corrected, or that the Publisher Portal, its content, and information will be free of viruses or other harmful components, or that the Publisher Portal, its content, and information will otherwise meet your needs or expectations. Except as set out in this section, all conditions, warranties, and representations, expressed or implied by statute, common law, or otherwise, in relation to the availability, non-availability, or delay in making available the Publisher Portal, its content, and information are excluded to the extent permitted by law, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
  2. We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these ToUs, except as provided by mandatory law. We will not be responsible for any commercial or business losses (including limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect, incidental, special, exemplary, punitive, or consequential loss that was not reasonably foreseeable to both you and us at the time you began using the Publisher Portal, regardless of whether or not we were advised of the possibility of such damages and the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. We shall not be liable for any loss or damage which may arise from the use or misuse of the Publisher Portal or any of the content and/or information on the Publisher Portal (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill).
  3. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF REVENUE EARNED BY YOU AND SHARED WITH WEBUCATOR. The limitation of liability set forth above shall only apply to the extent permitted by law.
    1. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE MARKETPLACE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.