- post content or classes in an inappropriate category or areas on our sites and services;
- violate any laws, third party rights or our policies
- use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
- fail to deliver payment for a class purchased by you, unless the educator has changed the class's description after you purchased, a clear typographical error is made, or you cannot authenticate the educator's identity;
- fail to deliver a class purchased from you, unless the student fails to meet the posted terms, or you cannot authenticate the student's identity;
- manipulate the price of any class or interfere with other users' listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to CourseHorse;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to CourseHorse);
- transfer your CourseHorse account (including feedback) and User ID to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm CourseHorse, or the interests or property of CourseHorse users;
- export or re-export any CourseHorse tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify or distribute rights or content from the CourseHorse sites, service or tools or CourseHorse's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing CourseHorse CourseHorse and our users work together to keep our sites and services working properly and safely. Please report problems, offensive content, and policy violations to us.Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, conducting off-CourseHorse transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue CourseHorse sites, services or tools.Student Protection Students and educators share the responsibility for making sure purchases facilitated by CourseHorse are exciting, rewarding and hassle-free. We strongly encourage students to work with educators before opening a claim relating to a purchase.We require CourseHorse educators to comply with our resolution process. Students and educators permit us to make a final decision, in our sole discretion, on any claim that a student files with CourseHorse under the CourseHorse Student Protection Policy. If we resolve a dispute in the student's favor, we will refund the student for the full cost of the class (including any applicable sales taxes), and we will require the educator to reimburse us for the amount due to the student. Without limiting the foregoing, educators may not have to pay a reimbursement for a CourseHorse claim if they provide sufficient documentation (for example, proof that the class was as described). Educators agree to allow us to debit their monthly account balance for amounts due to students. If educators do not provide CourseHorse with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict educators from selling on our sites until payment is made.
- Correcting Mistakes in Payments to Students or Educators. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous student or educator refunds or reimbursements.
Fees and Services Joining CourseHorse and listing classes is free. We do charge a fee per student enrollment. You have an opportunity to review and accept the fees that you will be charged based on your particular Fee Schedule, available within your account information. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the CourseHorse site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.Unless otherwise stated, all fees are quoted in U.S. Dollars. Fees will be debited from your monthly account balance. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due).Content When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.For the convenience of educators, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including CourseHorse users). You may use catalog content solely in connection with your CourseHorse listings during the time your listings are on CourseHorse's sites.While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all CourseHorse policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).Limitation of Liability You will not hold CourseHorse responsible for other users' content, actions or inactions, or classes they list. You acknowledge that we are not involved in the actual transaction between students and educators. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of classes advertised, the truth or accuracy of users’ content or listings, the ability of educators to offer classes, the ability of students to pay for classes, or that a student or educator will actually complete a transaction or return a class purchase.
Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to (a) the full cost of the class (including any applicable sales tax) and its original shipping costs, (b) the total fees (under CourseHorse Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.Access and Interference The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to CourseHorse by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of CourseHorse and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
- Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against CourseHorse must be resolved exclusively by a state or federal court located in New York, New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York, New York for the purpose of litigating all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
General CourseHorse Inc. is located at 444 E. 20thSt., Suite 10H, New York, NY 10009.We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you of amended terms by e-mail. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For the purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.