Through the website, instructional resources such as the copyrighted e-text reading material that would typically be included in a printed text book required for a course (“E-Text Material”) may be offered by Aequs. Additionally professors, educators and authors (“Professors”) may provide to their students additional course information, course syllabi, policies, procedures, the grading scale, assignments and their due dates, supplemental resources, interactive exercises, other learning materials and class discussions, flash cards, quizzes and tests or exams all a part of the software products and applications provided by Aequs (the “website”). The website may also provide a place that enables Professors to communicate with one another and with students through on-line discussion groups, scheduling of appointments and frequently asked questions.
1. Services. Aequs grants you a non-exclusive, non-transferable right and license to access and use the services, systems and software (“Services”) during the Term as set forth in Section 2. The Services may include the means for electronic portal viewing and download of course-related, copyrighted E-Text Material. Any E-Text Material you view or receive via an electronic download may be printed for short and long term reference but is only licensed for your individual use.
2. Term. Some uses of this website may require you to set up a user account. If your use of the website requires a user account to be set up, your account will expire automatically 10 days after you have completed your course for which you purchased your e-text license. However, if you withdraw from a course prior to that time, your account and access to the website may be terminated upon your withdrawal or at some other time prior to the end of your course. A Professor or your educational institution may suspend or terminate your account and access to this website at his or her own discretion pursuant to Section 10.
3. Registration. You agree to provide true, accurate, correct and complete purchase and/or registration information as prompted for by the website. If user account registration is required, you also agree to promptly update the information you provided so that it is at all times true, accurate, correct and complete. Aequs may terminate or suspend your account without notice if it suspects or determines that you have provided information that is not true, accurate, correct or complete.
3.1 Fee. You agree to pay the fee for the Services at the time of purchase or registration. Aequs will not refund payment of the fee if you withdraw from a course or if your account is terminated for any other reason.
3.2 Password. Prior to accessing licensed E-Text Material or accessing a website administered course from Aequs, you will be required to create an account. During the process of account creation, you will create a password. This password will be used in conjunction with your e-mail address during subsequent visits to the Aequs website to access the course(s) you purchased. You agree to keep your password confidential and not to allow any other person to use your password to access the website. You agree to immediately notify the Aequs at email@example.com and the Professor of your course if you discover unauthorized use of your account or password.
3.3 Internet Service Connection. You agree that you are solely responsible for maintaining your Internet connection during the Term.
3.4 Age of Users. The website and Services are marketed for and directed towards purchase by adults or with the consent of adults. By using the website, you represent that you are 18 years of age or older. Individuals under the age of 18 are not permitted to use the website without the supervision of a parent or legal guardian. If you are under 18, you may use the website and Services only with the involvement of a parent or guardian. We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on the website. We will remove any personal information related to a person under the age of 13 if we learn it has been provided on the website.
4. Permitted Use of Material. You may print or download a reasonable number of copies of material and information from the website for your personal and noncommercial, educational use only. However, such permitted printed or downloaded copy must contain, in an unmodified form, the copyright and all other proprietary rights notice contained in the material or information and an original source attribution to this course website, and must contain no modifications unless expressly permitted by Aequs.
5. Restrictions on Website Use. You agree to use the website only for lawful purposes. You agree that you will not use the website to:
(1) Commit or cause to be committed any criminal offense or encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, federal or international law or regulation;
(2) Upload, post, e-mail or otherwise transmit any content that is unlawful, libelous, defamatory, harassing, abusive, invasive of another’s privacy, harmful, tortious or obscene;
(3) Harm any minors in any way;
(4) Upload, post, e-mail or otherwise transmit any material, information or content that you do not have a right to transmit under law or contractual relationship;
(5) Upload, post, email or otherwise transmit any material, information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any other individual, party or entity;
(6) Disguise the origin of the material, information or content by omitting or obscuring copyright or authorship, or by forging headers or otherwise manipulating identifiers;
(7) Upload, post, e-mail or otherwise transmit any unsolicited advertising, promotional materials or other forms of solicitation, such as “junk mail,” “spam,” “chain letters,” or “pyramid schemes”;
(8) Alter, damage or delete any material, information or content or communication that is not yours or to interfere with the ability of others to have access or use of this website;
(9) Upload, post, e-mail or otherwise transmit any material, information or content that contains a software virus or any other computer code, file or program that would interfere with the functionality of any computer software, hardware or telecommunication equipment;
(10) Disrupt the normal communication or otherwise act in such a way that would negatively impact other users’ ability to engage in real-time exchanges;
(11) Impersonate or claim a relationship with or speak for any individual, business, association, institution or other organization, including, but not limited to Aequs, for which you have no authorization to do so or to claim such a relationship;
(12) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services and/or this website;
(13) Collect or store personal data about other users;
(14) Stalk or otherwise harass any individual; or
(15) Cause to be reproduced, duplicated, copied, used, distributed, sold, resold or otherwise exploit in any manner for commercial use or purposes, any aspect of this course website or the associated Services, use of this course website or the associated Services or access to this course website or the associated Services.
6. Ownership of Your Content. You remain the owner of information, material or content (“Content”) you make available on the website. You agree that upon making Content available you warrant that you are the owner of such Content and automatically grant to Aequs a perpetual, royalty free, non-exclusive right and license to use, reproduce, modify, publish, distribute, display, perform and transmit the information or content through this website.
You warrant that all such Content does not infringe any copyright, violate any property rights or contain scandalous, libelous or unlawful matter. You agree to indemnify and hold harmless Aequs in defending any such claim, demand or suit including attorney’s fees in accordance with Section 7. Aequs is not responsible or liable to any third party for the content or accuracy of any content provided by you or any other user of the Services.
8. Copyright. You agree that, except for original work authored by you, the website, its Services, the technology used in connection with the website and any and all software, material, E-Text Material, information, text, photos, data, graphics, communications and any other material or content (“Material”) that is available within the website are the copyrighted works of Aequs, the authors thereof and/or other third parties. All right, title and interest in and to this Material belong solely to Aequs.
9. Trademark Notice. “Aequs Education, LLC” and all of its marks, logos and the unique trade dress of Aequs Education are the trademarks, service marks, trade dress or logos of Aequs Education, LLC. Aequs’s trademarks, service marks and trade dress may not be used in connection with any product or service that Aequs does not provide. All other trademarks, service marks, trade dress, and logos used in the website and related Services are the trademarks, service marks, trade dress, and logos of their respective owners. This Agreement shall not be deemed to grant or imply any right of any kind or nature to any of Aequs’ trademarks, trade names, logos, software, system, intellectual property or personal property unless expressly stated.
10. Suspension or Termination of Access. You agree that in their sole discretion Aequs or the Professor or educational institution affiliated with your course may suspend or terminate your password, account number, and access to this website and the Services provided, and you further agree that any material, information or content may be removed for any reason. You agree that if your password, account or access is terminated or discontinued for any reason, Aequs Education, LLC, or the Professor or educational institution of your course, may delete all information that is related to you on this website and may bar your access to this website and use of its Services. You agree to waive any and all claims against Aequs for any suspension or termination of your access to this website or removal of content by Aequs, your Professor or educational institution, or by other third parties, even if done for erroneous, malicious or otherwise wrongful reasons.
11. Third Party Websites. Aequs is not responsible for any information posted by any third party on the website or accessed through links to third-party websites. You agree that Aequs is not responsible directly or indirectly for any damage or loss caused by or arising from use of information posted by third parties on the website or accessed on third-party websites. Inclusion of links on the website is not evidence that Aequs endorses any product, content, goods or services provided by any third party or that these other sites have given permission for inclusion of these links or that any relationship of any type exists between Aequs and the linked site.
12. Interruption of Service. Aequs will make every attempt to provide uninterrupted access to the website, but may be required from time to time to interrupt access to the website or the Services provided by the website to modify, upgrade, revise, fix, enhance, maintain or otherwise change the website. You agree that Aequs is not liable for any such interruption of Services or access to the website for whatever purpose or for any resulting loss or damage to you based on an interruption of Services. You further agree to indemnify and hold harmless Aequs from any claims, damages, demands or loss incurred by you resulting from any interruption in service that may prevent you from timely completing an assignment, quiz, test or exam or any other course component.
13. Disclaimer of Warranties.
13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT AEQUS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INLCUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRITY OR ACCURACY OF DATA, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. AEQUS IS NOT RESPONSIBLE FOR THE MATERIAL, INFORMATION
OR CONTENT CONTAINED WITHIN THIS WEBSITE AND NO REPRESENTATIONS ARE MADE AS TO THE SUITABILITY OF THE MATERIAL, INFORMATION OR CONTENT FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY QUALITY, STABILITY, COMPLETENESS OR CURRENT STATUS.
13.2 THE USE OF THIS WEBSITE IS AT YOUR OWN RISK AND IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER AEQUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, OWNERS OR AGENTS WARRANT:
(1) THAT NO INTERRUPTION OF SERVICES WILL OCCUR;
(2) THAT THE SERVICES WILL BE TIMELY, SECURE OR ERROR-FREE;
(3) THAT THE RESULTS OF USE OF THE SERVICES WILL BE SATISFACTORY IN TERMS OF THEIR SCOPE, CORRECTNESS, ACCURACY OR RELIABILITY;
(4) THAT THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS;
(5) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE AND ITS SERVICES WILL BE ACCURATE, RELIABLE, OR SUITABLE;
(6) THAT THE QUALITY OF ANY MATERIAL, INFORMATION, PRODUCT OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU VIA THIS WEBSITE WILL MEET THE EXPECTATIONS OF THE USER OR PURCHASER; AND
(7) THAT ANY ERRORS OR DEFICIENCIES IN THE SERVICES OR SOFTWARE WILL BE CORRECTED.
13.3 ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR OTHERWISE OBTAINED MATERIAL THROUGH THE USE OF THIS WEBSITE IS YOUR SOLE RESPONSIBILITY AND ANY SUCH DOWNLOAD IS DONE AT YOUR OWN RISK. YOU AGREE TO IMPLEMENT SUFFICIENT PROCEDURES TO SATISFY YOUR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND FOR MAINTAINING AN EXTERNAL MEANS OUTSIDE THE WEBSITE FOR RECONSTRUCTING ANY LOST DATA.
14. Limitations on Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AEQUS OR ITS PRINCIPALS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, OWNERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF, NONUSE OF OR INABILITY TO ACCESS COMPLETELY THIS WEBSITE OR ANY OTHER WEBSITE, INCLUDING WITHOUT LIMITATION:
(1) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE;
(2) FOR COMPUTER DAMAGE, FAILURE OR MALFUNCTION;
(3) DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURES, THEFT DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(4) CLAIMS FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE;
(5) ANY STATEMENT OR CONDUCT MADE BY A THIRD PARTY; AND
(6) ANY OTHER MATTER RELATING TO THE SERVICE.
15. Force Majeure. Neither party shall be held liable or responsible to the other for failure or delay in performing any term or fulfilling any condition of this Agreement if such failure or delay is caused by or results substantially from causes beyond the reasonable control of the affected party, including but not limited to any act of nature, strike, walkout, riot, act of war or terrorism, epidemic, governmental regulation or power failure.
16. Mediation. In the event that an allegedly breaching party, having received notice of alleged breach, disputes that there has been a breach, neither party shall commence any action or proceeding in a court or tribunal unless the dispute in question has first been submitted to mediation by a single mediator experienced in the matters at issue and selected by the parties. Upon commencement of the mediation process, any statute of limitations regarding any cause of action by one party against the other shall be tolled until ten (10) days following termination of the mediation process. The foregoing shall not limit the parties’ exercise of any termination rights they may have under this Agreement.
Any such mediation shall be held by video conference, if practicable, or in Albuquerque, New Mexico or such other location in which Aequs maintains a physical office at the time of the mediation. Mediation shall be conducted in accordance with generally accepted mediation rules. Whether a party shall bear the costs and expenses of any mediation shall be determined by the mediator and the mediator may award all or part of any party’s reasonable attorneys’ fees and expenses incurred in connection with the mediation. The parties shall meet with the mediator for at least four (4) hours in an attempt to settle their dispute. Should either party disagree with the recommendations of the mediator, or if the parties otherwise fail to reach an agreement concerning the dispute, then either party may institute legal proceedings as provided in paragraph 17.4 below.
17.1 Assignment and Delegation. Neither party to this Agreement may assign any of its rights or delegate any of its obligations under this Agreement, nor assign this Agreement in gross, except to parent, subsidiary, or successor by merger or consolidation or to a purchaser of all or substantially all such party’s assets.
17.2 Enforceability/Severability. If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision hereof shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.
17.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to said subject matter.
17.4 Governing Law. This Agreement and any dispute or controversy arising out of or related hereto and/or the relationship between the parties established herein (“Claims”) shall be governed by and construed, interpreted and resolved in accordance with the laws of the State of New Mexico without regard to its choice of law provisions; provided, however, that any procedural or substantive Claim conflicting with or falling under the exclusive jurisdiction of United States federal law shall be governed by, and construed, interpreted and resolved in accordance with United States federal law without regard to its choice of law provisions. All Claims shall be submitted exclusively to the federal and state courts of competent jurisdiction located in Albuquerque, New Mexico, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and venue, and waive any objection they may now or hereafter have with respect thereto.
17.5 Waiver. No provision of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of either party, it being understood that waiver may only occur by an instrument in writing signed by an authorized officer of the party against whom such waiver is sought to be enforced. In the event of a waiver, whether in writing or by operation of law, such waiver shall not constitute a waiver of any other provision or of the same provision on another occasion.
18. Refund Policy. Before making any purchases on the website, please be sure to read and understand Aequs’ Refund Policy. To access the Refund Policy, you may click on this link: Aequs Refund Policy.
Effective date: 10/08/2014