Terms of Use | OnCourse Learning

OnCourse Learning Terms of Use Agreement

 

This terms of use agreement was last modified on 1/13/2016.
 

Welcome to OnCourse Learning’s website located at OnCourseLearning.com. This website, mobile or app (the “Site”) is owned and operated by OnCourse Learning Corporation (“OCL”, “we”, “our”). The term “you” or “your” refers to the user or viewer of this Site. OCL created this Terms of Use Agreement (the “Agreement”) to control and be binding to OCL’s Site and all of OCL’s subsidiary websites.

Acceptance of agreement

This Agreement between you and OCL governs your use of the Site.  Please read this Agreement carefully before using the Site. OCL reserves the right to modify this Agreement over time and such modifications shall be effective upon posting on this Site.  We will make sure that we post any significant changes on our Site and update the “Last Updated” date to reflect the date of the changes. Accessing this Site, in any manner, whether automated or otherwise, constitutes use of the Site and you agree that your use of our Site, and any dispute over your usage, is governed by this Agreement and our Privacy Notice.

Some products and services on the Site may be subject to additional terms that are not posted on the Site, and are incorporated by reference into this Agreement.  In the event of any inconsistency between this Agreement and additional posted terms for a service, the provisions of the additional service terms shall govern. This Agreement applies to all visitors and registered users of this Site.

Use of the site

You are solely responsible for maintaining the confidentiality and security of your log-in information and passwords (if applicable), and you agree not to disclose your password to any third party.  You accept full responsibility for all activity conducted through your account and agree to and release OCL from any and all liability concerning such activity.  Use your password solely in accordance with this Agreement and notify OCL if you learn of or suspect any loss, theft or unauthorized use of your password or account.

The content of the Site may be changed or modified over time without notice to you. The resources and information are for personal use only and may not be used for commercial means or distribution.

When you submit or post any material via the Site, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.

Under this Agreement you are prohibited from interfering with the Site’s operation, hacking into password protected areas of the Site and/or providing false and fraudulent information.

Intellectual property rights

This Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by OCL, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

This Agreement permits you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site

Trademarks/service marks

OCL® logos and designs are the trade names, trademarks and service marks of OCL.  These trade names, trademarks, service marks and logos may not be used, published or distributed without the express written consent of OCL. All other trademarks and service marks on the Site are the property of their respective owners.

Disclaimer

OCL provides links to external websites operated by other parties for your convenience.  OCL does not endorse these websites nor is OCL responsible for the content or security of such websites.  Your use of these third party websites is subject to the respective websites own terms of use and privacy notices.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND THIRD-PARTY WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OCL ATTEMPTS TO KEEP THE INFORMATION ON THIS SITE AS CURRENT AND ACCURATE AS POSSIBLE BUT NEITHER OCL NOR ANY PERSON ASSOCIATED WITH OCL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER OCL NOR ANYONE ASSOCIATED WITH OCL REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of liability

UNDER NO CIRCUMSTANCES WILL OCL, OCL SUBSIDIARIES, ITS AFFILIATES, AGENTS AND OTHER PARTNERS AND EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE, RELIANCE BY ANY PARTY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN SUCH INFORMATION, OR THE UNAUTHORIZED ACCESS TO OR THE MISAPPROPRIATION OF ANY CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification

Upon request by OCL, you agree to defend, indemnify, and hold harmless OCL, and OCL’s subsidiaries, affiliates, officers, agents and other partners and employees, and each of them, from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this Site. OCL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with OCL in asserting any available defenses.

Termination

OCL may terminate your access to use any portion of this Site at any time for any reason without prior notice.  OCL reserves the right to seek all remedies available by law and in equity for violations of this Agreement and/or the OCL Privacy Notice including the right to block access from a particular internet site.

General

This Agreement will be governed by and construed in accordance with the laws of the State of Wisconsin, excluding its conflicts of law rules.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this site will be filed only in the state or federal courts located in the State of Wisconsin, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

No waiver of by OCL of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OCL to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and OCL with respect to the Site, and supersedes all other prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and OCL with respect to the Site.  If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

Questions regarding this agreement

If you have any questions about this Agreement or your dealings with us, you can contact:

OnCourse Legal Department 20225 Water Tower Blvd. Fourth Floor Brookfield,

WI 53045

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