Curator Solutions Terms of Service
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “TERMS OF SERVICE”) CAREFULLY. BY ACCESSING OR USING CSI OR ANY OTHER WEBSITES OF Curator Solutions, INC. (“CSI”, “WE”, “OUR”) WITH LINKS TO THESE TERMS OF SERVICE (COLLECTIVELY, THE “SITE”) OR OTHER SERVICES PROVIDED BY US AND ANY SERVICES ENABLED VIA THE SITE (“SERVICES”) BY CSI AND/OR MERELY BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CSI, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
The Terms of Service can feel like a legal document because, well, it is a legal document. If you’re going to use our Services, we recommend you read it, maybe even twice, because we want you to gain comfort and confidence in the agreement (and we know you are looking for some reading material to put you to sleep). As an aside, some of the terms that follow may be in bold or all caps (or both). This means that it is really important (well, that’s WHAT we took away from the longer explanation our lawyers gave us). So pay attention.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Service are inconsistent with such Supplemental Terms, the Supplemental Terms shall control with respect to such Service. These Terms of Service and any applicable Supplemental Terms are referred to herein as the “Terms.”
THE TERMS OF SERVICE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
Please note that these Terms are subject to change by CSI in its sole discretion at any time. When changes are made, CSI will make a new copy of the Terms available at the Site and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site. We will also update the “Last Updated” date at the top of these Terms of Service. CSI may require you to provide consent to the updated Terms in a specified manner before further use of the Site or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
- OVERVIEW . Our Site and Services are designed to provide access to real world video cases (“Cases”) that are based on information from third-party contributors who operate real businesses (each, a “Company”). Cases also may include auxiliary written materials provided with the video. In these Terms, we refer to professors or instructors who designate Cases for use in their courses as “ Instructors” and students who purchase those Cases as “Students”. Certain supplemental terms will apply to Students and Instructors. Students, Instructors, and other visitors to the Site are referred to collectively as “Users.” PLEASE NOTE THAT IF YOU ARE AN INDIVIDUAL USING THE SERVICES IN HIS OR HER CAPACITY AS AN EMPLOYEE, AGENT OR REPRESENTATIVE OF A COMPANY, THESE TERMS WILL NOT APPLY TO YOU AND YOUR USE OF THE SITE AND SERVICES WILL BE GOVERNED BY THE APPLICABLE AGREEMENT BETWEEN CSI AND COMPANY.
- OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site and/or Services (“ Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Service grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Service. Furthermore, nothing in these Terms of Service will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on Cases, the Site or in the Services constitute trademarks, tradenames, service marks or logos (“Marks ”) of CSI or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Service.
- Usage Subject to these Terms of Service, CSI grants you a limited license to reproduce portions of the information and content available on the Site and in the Services for the sole purpose of using the Site and Services for your personal or non-commercial purposes. However, specific additional terms may apply to any Case. Unless otherwise specified by CSI in a separate license, your right to use such materials that you access or download through the Site or the Services is subject to the Terms.
- Third-Party Materials. As a part of the Site and/or Services, you may have access to materials that are hosted by another party. You agree that it is impossible for CSI to monitor such materials and that you access these materials at your own risk.
- RULES REGARDING INFORMATION AND OTHER CONTENT. When you access the Site and/or Services, you obtain access to various kinds of Content. You acknowledge that all Content is the sole responsibility of the party from whom such Content originated. This means that you, and not CSI, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Site or Services (“Your Content”), and other Users of the Services, and not CSI, are similarly responsible for all Content they Make Available through the Site and Services. Your Content includes Content from a third party that you Make Available on the Services. You agree not to revise Content posted by others, and you represent and warrant that you will not use any Content in any manner that:
- Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
- Is false or inaccurate or becomes false or inaccurate at any time;
- Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
- Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Misrepresents your identity in any way;
- Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Advocates or encourages any illegal activity; or
- Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We may, but are not obligated to, remove Content from the Site for any reason, including if we determine or suspect that such Content violates these Terms of Service. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on the Site or through the Services whether it violates our content policies or not.
- General Rules of User Conduct. It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
- Conduct or promote any illegal activities while using the Site or Services;
- Upload, distribute or print anything that may be harmful to minors;
- Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Site or Services to generate unsolicited email advertisements or spam;
- Use the Site or Services to stalk, harass or harm another individual;
- Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
- Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
- Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
- Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
- FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services (other than the content of a Case) (collectively “Feedback”), you agree we may use the Feedback to modify our Site and Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
- MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. You may need to update third-party software from time to time in order to use the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
- DISCLAIMER OF WARRANTIES. THIS SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING ALL CASES, ARE PROVIDED BY CSI “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CSI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. We make no warranty that the Site, the Cases, or Services will meet your requirements, or that the Site, the Cases or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site, the Cases, or the Services, or that defects therein will be corrected. No advice or information, whether oral or written, obtained by you from us through the Site, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Service.
- LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND RETAILERS OR THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT PAID FOR THE CASES GIVING RISE TO OUR LIABILITY AND (II) TEN DOLLARS (U.S. $10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances WILL WE or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
- INDEMNIFICATION. You agree to indemnify, defend and hold harmless CSI, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents (“CSI Parties”), from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Cases, Site or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Service; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services. CSI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Site and/or Services.
- ELECTRONIC COMMUNICATIONS. We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Service by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
- Assignment . These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CSI’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Dispute Resolution . If you believe that CSI has not adhered to these Terms of Service, please contact CSI. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
- Limitations Period . YOU AND CSI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section ( “Arbitration Agreement”) carefully. It is part of your contract with CSI and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by CSI that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and CSI, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution . Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“ Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to CSI should be sent to: Curator Solutions, 13461 Sunrise Valley Dr, #120 Herndon, VA 20171. After the Notice is received, you and CSI may attempt to resolve the claim or dispute informally. If you and CSI do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (U.S. $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (U.S. $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Based Arbitration . If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Authority of Arbitrator . If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and CSI, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and CSI.
- Waiver of Jury Trial . THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and CSI in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CSI WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions . ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Severability . If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Right to Waive . Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement . This Arbitration Agreement will survive the termination of your relationship with CSI.
- Small Claims Court . Notwithstanding the foregoing, either you or CSI may bring an individual action in small claims court.
- Emergency Equitable Relief . Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Courts . In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in California, for such purpose.
- Governing Law . The Terms and any action related thereto will be governed and interpreted by and under the laws of the Commonwealth of Virginia, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
- Choice of Language . It is the express wish of the parties that these Terms and all related documents have been drawn up in English. C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
- Export Control . You may not use, export, import, or transfer any CSI materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the CSI materials, and any other applicable laws. In particular, but without limitation, the CSI materials may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the CSI materials, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the CSI materials for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by CSI are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer CSI products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- Release . You hereby release the CSI Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site and/or Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Site and/or Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- Force Majeure . CSI shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Compliance . If you believe that CSI has not adhered to the Terms, please contact us. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
- Limitations Period . YOU AND CSI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SITE AND/OR SERVICES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Notice . Where CSI requires that you provide an e-mail address, you are responsible for providing CSI with your most current e-mail address. In the event that the last e-mail address you provided to CSI is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, CSI’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to CSI at the following address: Curator Solutions, 13461 Sunrise Valley Dr, #120 Herndon, VA 20171. Such notice shall be deemed given when received by CSI by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Waiver . Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability . If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- Entire Agreement . The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
- INTERNATIONAL USERS . This Site can be accessed from countries around the world and may contain references to services that are not available in your country. These references do not imply that CSI intends to announce such services in your country. The Site and Services are controlled and offered by CSI from its facilities in the United States of America. CSI makes no representations that the Site is available for use in other locations. Those who access or use the Site or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. The following provisions shall apply only if you are located in the countries listed below.
- United Kingdom . A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act of 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
- Germany . Notwithstanding anything to the contrary in Section 12, CSI is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
- CASES .
- General . The Service may allow you to purchase Cases for viewing over a limited period of time or access Cases on a free or promotional basis for viewing over a limited period of time or any combination of those. The basis on which Cases are available on the Service will be indicated on the product detail page for that Case on the Service. From time to time, we may add or remove Cases from the Service and may change the basis on which a Case is available on the Service. The views and opinions expressed in any Case do not necessarily reflect those of CSI.
- Purchases . ALL PURCHASES OF CASES ARE FINAL. Any use of the word “sale” or “purchase” of a Case means simply a limited time right of access to view the Case for the period of time permitted– and not any actual purchase of the Case or any intellectual property rights related thereto. If you are not satisfied with your purchase, please contact us.
- Payment . To purchase a Case, you will need to provide CSI with the information necessary to process the purchase, including the billing information requested on the Site to pay for such Case. You may pay for your Case via credit card or any other manner then available on the Site. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because purchases require a valid credit card, only persons age 18 or over are ordering Cases, and providing us with the information requested during the purchase process. We shall not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card. Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, goods and services, harmonized, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with any Cases purchased hereunder. If we have the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against CSI based on our income, property and employees.
- Confidentiality . If you are given access to a Case as a User, you agree to keep the Content of each Case (”Case Content”) confidential and not to share such content with any third party. Companies provide information for Cases to reflect real-world examples. Companies rely on this confidentiality provision to provide Case Content and you agree to follow such confidentiality requirements as a condition of your use of the Services, regardless of the kind of User you are.
- Usage Rules . Your use of Cases is subject to any posted CSI Usage Rules (which may be specific for a particular Case) that provide important information regarding your use of Cases (or a specific Case), including the time period during which you are authorized to view different types of Cases (the “Access Period” for that Case) and limitations on the viewings, if any, for each type of Case (the “Usage Rules“).
- License to Cases . Subject to your payment of any applicable fees (including applicable taxes) to obtain access to a Case, and your compliance with all other terms we specify for a Case or the Services, CSI grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Access Period, to access, view, use and display the Cases in accordance with the Usage Rules, for your personal educational use only. To simplify your viewing and management of Cases that have a limited Access Period, we may automatically remove that Case from your Account after the end of its Access Period, and you consent to such automatic removal.
- Prohibited Use . You may not copy, reproduce, use, sell, transmit, publish, broadcast, or otherwise disseminate or distribute Cases to anyone, including but not limited to others in the same company, school, college or other organization, whether or not for a charge or other consideration, including but not limited to use in or with “course packets” or with courses which do not include the Case. In addition, you may not: (i) remove any proprietary notices or labels on the Cases; (ii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or (iii) use the Service or Cases for any commercial or illegal purpose.
- Downloading and Risk of Loss .If you plan to download any non-video component of the Case, we encourage you to do so promptly after your purchase. If you are unable to complete a download, please contact our customer service. Once you purchase access to a Case, you are responsible for completing the download of any written materials, if you choose to download, and for all risk of loss of such materials after download.
- Streaming . When you stream the video components of Cases, the resolution and quality of the Cases you receive will depend on a number of factors, including the type of device on which you are streaming the Cases and your bandwidth, which may go up and down over the course of your viewing. If we detect that Cases we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Cases we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Cases you will receive when streaming.
- Disclaimer . Nothing in these Terms or otherwise with respect to your participation in any Case: (a) establishes any relationship between you and any educational institution with which you may be affiliated; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution.
- ACCOUNTS AND USERS . All Users must register with CSI and create an “Account”. You do not have to have an Account to browse our Cases. You must, however, only provide us with true, accurate, current and complete information for your Account. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof). You are solely responsible for your interactions with other Users of the Services as part of Cases. You agree that CSI will not be responsible for any liability incurred as the result of such interactions.
- Registration . If you set up an Account, you are required to provide your name and email address and select a password (collectively, your “ Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will CSI be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of CSI under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else’s Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.
- SNS Accounts . We may offer you the ability to link your Account with an account on a third-party social social networking service (“SNS”) by allowing CSI to access such account your (“Third-Party Account”), as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant CSI access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating CSI to pay any fees or making CSI subject to any usage limitations imposed by such third-party service providers. By granting CSI access to any Third-Party Accounts, you understand that CSI may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Services via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined below) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or CSI’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Website. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND CSI DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. CSI makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and CSI is not responsible for any SNS Content.
- THIRD PARTY CONTENT AND OTHER WEBSITES. Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Site and/or the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Site and Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Site and/or Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Site or Services. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Site and Services may contain links to websites that are operated by us but which operate under different terms of service. It is your responsibility to review the privacy policies and terms of service of any other website you visit. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
LAST UPDATED . May 6th, 2015.
The following terms apply only to Users in their role as an Instructor:
- CHOOSING AND ACCESSING CASES .
- Access . You may designate one or more Cases as available for use in or with your courses. We may provide you with free or discounted access to Cases in connection with your courses. However, we are not required to provide any such discount. Notwithstanding any restrictions in the Terms to the contrary, you may display the Case: (i) to others in your department solely for their consideration of adoption of the Cases as part of a course; or (ii) after payment for the Case by every Student in your course, in your classroom as part of your course instruction. You may also print and/copy any written materials of the Case for your educational and noncommercial use and reference in connection with your teaching.
- Representation . You represent and warrant that your use of the Cases and any other activities related thereto 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. You will ensure that the use of Cases in your courses is permitted by such institution and all policies thereof.
- Availability . Cases may become unavailable due to potential content provider licensing restrictions and for other reasons, and CSI will not be liable to you if a Case becomes unavailable for further download or streaming or use in your course. However, in such event, we will work with you to find a suitable replacement Case for use in your instruction.
- Content . We may collect Content about you from publicly available resources (including your institution’s website), in which event you authorize us to collect such Content and you agree that, once approved by you, it will be considered Your Content under these terms.
The following terms apply only to Users in their role as a Student:
- CASE PURCHASE
- Availability . Cases may become unavailable due to potential content provider licensing restrictions and for other reasons, and CSI will not be liable to you if a Case becomes unavailable for further download or streaming. However, if such unavailability occurs for a Case designated by your Instructor, we will work with you and your Instructor to find a suitable replacement for the designated Case.
- Use . You may, on an occasional and irregular basis, include insubstantial portions of Cases from the Site in memoranda, reports and presentations to the applicable Instructor as part of a course, and then only to the extent that such use is for educational purposes and of a non-commercial nature, does not otherwise diminish the pedagogical or commercial value of the Case, and is otherwise permissible as “fair use”, “fair dealing” or its equivalent under applicable copyright and intellectual property law. The foregoing does not permit any other kind of distribution except to your Instructor.
- Accessible Versions . If you require an accessible version of your Case, you will need to contact the disability support office at your institution.
- Real Time Cases Return Policy
With proof of a schedule change within the Institution’s Add/Drop period (or 30 days if no Add/Drop policy is specified) and original receipt, a full refund will be given in your original form of payment. No refunds or exchanges without an original receipt or other valid proof of purchase.
- RESPONSES .
- License . As a Student, you may retain any and all applicable intellectual property rights with respect to any information or other reaction or input you provide concerning a Case, including a response to any questionnaire that you may submit (“Response”). A Response is Your Content. By submitting Responses, you automatically and hereby grant a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to: (i) the Company to use, reproduce and distribute your Response in connection with the Company’s business; and (ii) to the applicable Instructor to use and reproduce the Response for his or her educational use; and (iii) to CSI to use, reproduce, and distribute the Response in connection with providing the Services and fulfilling the above obligations. You represent and warrant that you have the right to grant the foregoing licenses. CSI and Company are under no obligation to use, review, or store your Response.
- Sharing with Company . In the event we share your Response with the Company, we will not include any of your Account information in connection with your Response unless you authorize us to do so. However, you should not include personally identifiable information in the content of your Response and any such information will be made available to Company by nature of reading the Response.
- Commercialization . If your Response is used by the Company in its business, you agree that you will not make any claims against the Company or any third party who is assigned or licensed rights in such Response by the Company, based on any allegations that any activities by the Company or such third party infringe your (or anyone else’s) intellectual property rights in such Response and you hereby waive any such claim you may have. The provisions of this Section may be specifically enforced by either the Company or any third party who is assigned or licensed rights in such Response by the Company, and any such third party is intended to be a third party beneficiary of this provision.
- Representations . You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Response hereunder; (ii) you are solely responsible for, and the Company will have no liability in connection with, the legal consequences of any actions or failures to act on your part while providing Response; and (iii) CSI’s acknowledgement hereunder of your intellectual property rights in your Response does not constitute a legal opinion or legal advice, but is intended solely as an expression of CSI’s and the Company’s intention not to require Students to forego certain intellectual property rights with respect to Response they submit in connection with a Case, subject to these Terms.
- Account Data . CSI retains ownership of any data related to your Account, regardless of any intellectual property rights in the Response.
- FERPA Release . You hereby consent to CSI using your Responses and other information about you. You understand that your Responses and related information may be protected under the Family Education Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99), a federal law that protects the right to privacy and confidentiality of student records. You authorize CSI to collect and hold such information. You further understand that you may waive that protection and give access of your records to CSI and the individuals of your choice.
- EMPLOYMENT . You may also use our Services to help apply to employment opportunities. With your consent, you authorize us to disclose certain of your Personal Information and any of your Responses to Companies who may be looking for potential employees. We do not control how any such Company uses such Personal Information.