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Privacy Policy
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Terms and Conditions
Privacy Notice
CourseAvenue knows that you care how information about you is used and shared, and we appreciate your trust
that we will do so carefully and sensibly. By visiting any of the Web sites offered by CourseAvenue, you are
accepting the practices described in this Privacy Notice. If you have any questions about this Privacy Notice,
please contact us at 866-594-1296 or via e-mail at support@courseavenue.com.
What Personal Information About Customers Does CourseAvenue Gather?
Information You Give Us: We receive and store any information you enter on our Web site or give us in any other
way. We use the information you give us to respond to your requests, provide our services (e.g., to setup your
CourseAvenue Studio account), and communicate with you.
Automatic Information: We receive and store certain types of information whenever you interact with us.
Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your
computer to the Internet; computer and connection information such as browser type and version, operating
system, and platform; the full Uniform Resource Locators (URL) click stream to, through, and from our Web site,
including date and time. We use IP addresses to analyze trends, administer our Web site, track users’ movements,
and gather broad demographic information for aggregate use.
What About Cookies?: Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive
through your Web browser to enable our systems to recognize your browser. Besides using the information as
described above, CourseAvenue may use cookies to control the flow of the ordering processes by maintaining the
state of your online transactions. Some of our business partners may use cookies on our site (e.g., advertisers).
However, we have no access to or control over these cookies.
Does CourseAvenue Share the Information It Receives?
Yes, we do share information, but only as described below. Otherwise, we will not provide your personal
information without your consent.
CourseAvenue Affiliate Companies & Partners
We believe in a best-of-breed approach to our services and may establish working relationships with service
providers that compliment our services (e.g., graphic artists for media creation). Information collected from our Web
site may be passed to Partners in order to best serve these complimentary services. Affiliate Companies may
include separate branded companies with a degree of common ownership with CourseAvenue. In any event, if a
visitor requests information for these services, we will share names or other contact information that is necessary
for the third party to provide these services.
Advertisers: We will share aggregated demographic information with our Partners and advertisers. This is not
linked to any personal information that can identify any individual person.
Agents: We engage other companies and individuals to perform functions on our behalf. These persons have
access to personal information needed to perform their functions. These companies do not retain, share, store or
use personally identifiable information that you provide to CourseAvenue for any secondary purposes.
Business Transfer: As we continue to develop our business, we might sell or buy businesses or their assets. In
such transactions, customer information generally is one of the transferred business assets. Also, if CourseAvenue
or all or substantially all of its assets were ever to be acquired, customer information will be one of the transferred
assets.
Compliance: We release account and other personal information when we believe release is appropriate to
comply with the law, enforce or apply our Services Agreement and other agreements, or protect the rights, property,
or safety of CourseAvenue, our users, or others. This includes exchanging information with other companies and
organizations for fraud protection and credit risk reduction.
How Secure Is Information About Me?
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL)
software, which encrypts information you input and the information we may send to our agents.
What Information Can I Access?
CourseAvenue gives you access to certain information about you for the limited purpose of viewing and, in certain
cases, updating that information. To view or change this information, log in to your account. When you update
information, we usually keep a copy of the prior version for our records.
Links
Sites provided by CourseAvenue may contain links to other sites. Please be aware that we are not responsible for
the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the
privacy statements of each and every Web site that collects personally identifiable information. This privacy
statement applies solely to information collected by this Web site.
Conditions of Use, Notices, and Revisions
If you choose to visit CourseAvenue sites, your visits and any dispute over privacy is subject to this Notice and our
Terms and Conditions, including limitations on damages, arbitration of disputes, and application of the law of the
state of Illinois. If you have any concern about privacy at CourseAvenue, please send us a thorough description via
support@courseavenue.com and we will try to resolve it. Our business changes constantly. This Notice and our
Terms and Conditions will change also, and use of information that we gather now is subject to the Privacy Notice
in effect at the time of use.
Terms and Conditions
License
For valuable consideration paid under the terms of this Agreement, CourseAvenue grants Subscriber a license to use one or
more of its software modules (the "Service") for the creation, management, and/or analysis of e-Learning courses ("Content")
for the duration of this Agreement. CourseAvenue agrees to provide Subscriber with a separate account login and password
for each user Subscriber identifies. Subscriber agrees that no user shall share any account login or password information with
any person that Subscriber has not identified to CourseAvenue, including (without limitation) any third parties, agents,
contractors or other employees. Subscriber understands that all elements of the Service including (without limitation) actual
software, code, Web page designs, trademarks, copyrights, training materials, and all other elements, are the sole property of
CourseAvenue. CourseAvenue reserves the right to update, upgrade, add or remove features of the Service at any time.
Unless otherwise specified, CourseAvenue grants Subscriber an unlimited, royalty-free, perpetual license to use Content
created by Subscriber. Under no conditions shall Subscriber disassemble, de-compile or otherwise alter or interface with the
CourseAvenue Content Player.
Definition of a "Course"
Whenever used in this Agreement, unless expressly stated otherwise, the term "Course" is defined as a single, unique, e-
Learning title – with a unique Course Identification Number – within the CourseAvenue Studio© software. A Course is
expected to be no more than 60 minutes of learner "seat time" (the "Expected Duration"). By default, each Course is assigned
a Course Count Value of one (1) for purposes of determining a given Subscriber’s purchased Courses. On an exception
basis, CourseAvenue may agree to adjust a Subscriber’s Course Count Values when there are significant numbers of
Courses that are less than, or greater than, the Expected Duration.
Term and Termination
CourseAvenue Deliver© and Analyze©: The initial term of this Agreement will be for one year and will commence on the
date the Subscriber account is first available for use. At the end of the initial term, this Agreement will automatically renew for
a subsequent one-year term and will continue to renew in the same manner at the end of each subsequent term. Either party
may terminate this Agreement by providing the other party written notice of termination at least thirty (30) days before the end
of a term.
CourseAvenue Studio©: The initial term of this Agreement will be for one year and will commence on the date the
Subscriber "publishes" the first Course this Agreement entitles Subscriber to publish. The initial term will commence on the
date the Subscriber "publishes" its first Course, regardless of how many Courses this Agreement entitles Subscriber to
publish. The initial term will not commence when CourseAvenue first makes the Subscriber account available or while the
Subscriber designs, develops, edits, revises or otherwise creates one or more Course(s) (i.e., the Subscriber’s "pre-
publication" activities will not start the initial one-year term of this Agreement). At the end of the initial term, this Agreement
will automatically renew for a subsequent one-year term and will continue to renew in the same manner at the end of each
subsequent term. Either party may terminate this Agreement by providing the other party written notice of termination at least
thirty (30) days before the end of a term.
Payment
CourseAvenue will first invoice Subscriber for the Service immediately after CourseAvenue receives Subscriber’s completed
Agreement. Subscriber agrees that all payments are due "net 30" unless explicitly stated otherwise in this Agreement.
CourseAvenue will invoice Subscriber for the renewal of the Service no less than thirty (30) days before the renewal period
begins. Unless explicitly stated otherwise, CourseAvenue’s fee for any renewal term will be equal to its then-current
Subscription Fee.
Subscriber is responsible for paying all Subscription fees for the entire Subscription Term regardless of whether Subscriber
does or does not use the Service. All amounts paid by Subscriber are nonrefundable and not subject to pro-ration. Any
undisputed payment not received by CourseAvenue when due will bear interest at a rate of 1.5% per month, but not to exceed
the highest rate permitted by law. Subscriber understands and agrees that CourseAvenue may suspend the Service, and
shall have the right to deny access to and withhold Content stored in Subscriber's account, if payment of undisputed fees is
ten (10) or more business days delinquent. In addition, CourseAvenue is entitled to recover any sums expended in
connection with the collection of undisputed sums not paid when due, including reasonable attorneys' fees. CourseAvenue's
fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Subscriber agrees that it is responsible for
payment of all such taxes, levies, or duties.
Restrictions
You may not access the Service if you are a direct competitor of CourseAvenue, except with CourseAvenue's prior written
consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality,
or for any other benchmarking or competitive purpose.
Subscriber agrees not to (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or
make the Service available to any third party; (ii) modify or make derivative works based on the Service; or (iii) create Internet
"links" to the Service or "frame" or "mirror" the Service. Subscriber shall not reverse engineer or access the Service in order
to (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the
Service; or (iii) copy any ideas, features, functions or graphics of the Service.
Subscriber may use the Service for its internal business purposes and shall not: (i) send or store infringing, obscene,
threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children, or be in violation of third
party privacy rights; (ii) send or store material containing software viruses, worms, Trojan horses or other harmful computer
code, files, scripts, agents or programs; (iii) interfere with or disrupt the integrity or performance of the Service or the data
contained therein; or (iv) attempt to gain unauthorized access to the Service or its related systems or networks.
Indemnification
Subscriber agrees to release, indemnify, and hold CourseAvenue, its contractors, agents, owners, members, employees,
officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties
relating to or arising under this Agreement, the Service provided hereunder or your use of the Service, including without
limitation infringement by Subscriber, or someone else using the Service with your computer, of any intellectual property or
other proprietary right of any person or entity, or from any damage, infringement, or injury deemed resulting from any Content
or materials developed, modified, or distributed with Subscriber's account with CourseAvenue. Should CourseAvenue be
threatened with suit by a third party, CourseAvenue may seek written assurances from Subscriber concerning a promise to
indemnify CourseAvenue; Subscriber's failure to provide those assurances may be considered by CourseAvenue to be a
breach of this Agreement and may result in deactivation of Subscriber's account.
Modification of Terms
CourseAvenue reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at
any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly
reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such
changes.
Responsibility of Subscriber
Subscriber agrees that Subscriber is solely responsible for the Content developed using Subscriber's account and that use,
distribution, or communication of any Content developed by Subscriber is solely at the discretion and risk of Subscriber. This
provision shall remain in force after the termination of this Agreement.
Confidentiality
CourseAvenue acknowledges that Subscriber's Content may contain trade secrets, proprietary know-how, or other
confidential business information. In the course of providing the Service, CourseAvenue may learn of such information and
shall treat Subscriber's Content as strictly confidential and as the sole property of Subscriber. CourseAvenue employs
modern Internet security measures within the Service to keep Subscriber's Content secure from third parties; however,
Subscriber acknowledges that no measure is 100% secure in this regard. Subscriber agrees to safeguard account login and
password information and shall immediately notify CourseAvenue if Subscriber believes there has been unauthorized activity
of Subscriber's account.
Limited Warranty
Subscriber understands and agrees that the Service is provided "AS IS" and "AS AVAILABLE." CourseAvenue expressly
disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for
a particular purpose or non-infringement. CourseAvenue makes no warranty of representation regarding the Service, any
information, materials, goods or services obtained through CourseAvenue's Web site, or that the Service will meet any
Subscriber requirements, or be uninterrupted, timely, secure, or error free. Use of the Service and Web site are at the
Subscriber's sole risk.
Limitation of Liability
To the maximum extent permitted by law, in no event will CourseAvenue, its suppliers or affiliates be liable for any special,
incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of
business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of, or resulting
from (i) the use of or inability to use the Service, Web site, or Software, or (ii) the provision of or failure to provide support
services, or (iii) unauthorized access to or alteration of Subscriber's Content. In any case, CourseAvenue's maximum
cumulative liability and Subscriber's exclusive remedy for any claims arising out of or related to this Agreement will be limited
to the amount actually paid by the Subscriber for the Service in the previous 12 months.
Marketing Permission
Upon the Effective Date of the Agreement, Subscriber grants CourseAvenue permission to include Subscriber's name and
logo on CourseAvenue’s Web site and in a general press release. The parties agree that any materials released in the public
domain will not disclose information that either party may describe as confidential. CourseAvenue shall provide Subscriber
the opportunity to review said marketing collateral prior to its general release.
General
This Agreement shall be interpreted by the laws of the State of Illinois.