These Terms of Service outline the rules and regulations for using our website and services. By accessing or using Oncourse AI, you agree to comply with these terms. Please read them carefully to understand your rights and obligations when using our platform.
Last updated March 1, 2024
Thank you for selecting the Services offered by OnCourse Technologies, Inc. and/or its subsidiaries and affiliates(referred to as "OnCourse", "we", "our", or"us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and OnCourse. By accepting electronically (for example, clicking "I Agree"),installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of our software, including content, updates and new releases, (collectively, the "Services"). It includes by reference:
1.1. OnCourse's Privacy Policy provided to you in the Services available on the website or provided to you otherwise.
1.2. Additional Terms and Conditions, which may include those from third parties.
1.3. Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2.1. The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by OnCourse.OnCourse reserves all other rights in the Services. Until termination of thisAgreement and as long as you meet any applicable payment obligations and comply with this Agreement, OnCourse grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2. You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
2.2.1. Provide access to or give any part of the Services to any third party.
2.2.2. Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
2.2.3. Make the Services available on any file-sharing or application hosting service
For Services offered on a payment or subscription basis, the following terms apply, unless OnCourse or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes payment terms provided to you viaStripe or on the website for the Services:
3.1. Payments will be billed to you in U.S.dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
3.2. You must pay with one of the following:
3.2.1. A valid credit card acceptable to OnCourse;
3.2.2. A valid debit card acceptable to OnCourse; or
3.2.3. By another payment option OnCourse provides to you in writing.
3.3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
3.4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider(e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain. OnCourse will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement. Additional cancellation or renewal terms may be provided to you on the website for the Services.
Use of these Services may be available through a compatible mobile device with Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
ONCOURSE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
4.1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
4.2. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
4.3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
You can view OnCourse's Privacy Policy provided with the Services and on the website for the Services. You agree to the applicable OnCourse Privacy Policy, and any changes published by OnCourse. You agree that OnCourse may use and maintain your data according to the OnCourse Privacy Policy, as part of the Services. You give OnCourse permission to combine information you enter or upload for the Services with that of other users of the Services and/or other OnCourse services. For example, this means that OnCourse may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. OnCourse is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
6.1 You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant OnCourse a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. OnCourse is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
6.1.1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
6.1.2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
6.1.3. Except as permitted by OnCourse in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
6.1.4. Virus, trojan horse, worm or other disruptive or harmful software or data; and
6.1.5. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owners.
6.2. OnCourse may freely use feedback you provide. You agree that OnCourse may use your feedback, suggestions, or ideas in any way, including in future modifications of theServices, other products or services, advertising or marketing materials. You grant OnCourse a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to OnCourse in any way.
6.3. OnCourse may monitor your Content. OnCourse may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect OnCourse or its customers, or operate the Services properly. OnCourse, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7.1. OnCourse does not give professional advice. Unless specifically included with the Services, OnCourse is not in the business of providing legal, educational, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2. We may tell you about other OnCourse services. You may be offered other services, products, or promotions by OnCourse ("OnCourse Services"). Additional terms and conditions and fees may apply. With some OnCourse Services, you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant OnCourse permission to use information about your business and experience to help us to provide the OnCourseServices to you and to enhance the Services. You grant OnCourse permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant OnCourse permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3. Communications. OnCourse may be required by law to send you communications about the Services or Third-Party Products. You agree that OnCourse may send these communications to you via email or by posting them on our websites.
7.4. You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact OnCourse if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
7.5. Telephone Numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that OnCourse may use your telephone number for "multi-factor authentication" ("MFA"),to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve OnCourse sending text messages containing security codes to your telephone number. You agree to receive these texts from OnCourse containing security codes as part of the MFA process. In addition, you agree that OnCourse may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.
7.6. Short Messaging Service. ("SMS"). Should we deploy SMS, You can cancel SMS messaging at any time. Just text"STOP" to the short code. After you send the SMS message"STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from OnCourse unless your number is resubscribed. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If you are experiencing issues with SMS messaging, you can reply with the keyword HELP for more assistance, or contact OnCourse at support@oncourse.ai.Carriers are not liable for delayed or undelivered messages. Message and data rates may apply. Message frequency varies. If you have any questions about yourtext plan or data plan, it is best to contact your wireless provider. For more information on how OnCourse processes this and other data, please read our Privacy .ONCOURSE, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THATYOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TOTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONCOURSE, ITS AFFILIATES, ANDITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS")DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS,NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS,OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. ONCOURSE AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE,FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES,WHICHEVER IS SOONER.ONCOURSE, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
8.2. ONCOURSE, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ONCOURSE, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, ONCOURSE, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL,INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION,SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE,PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ONCOURSE SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF ONCOURSE AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF ONCOURSE, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold OnCourse and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach ofthis Agreement (collectively referred to as "Claims"). OnCourse reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by OnCourse in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or inpart. Your continued use of the Services indicates your agreement to the changes.
You may terminate your subscription to the Services at any time and for any reason or no reason at all.You will not, however, be entitled to any prorated reimbursement on any amounts you have paid us at the time of termination, whether you are a monthly or annual subscriber, including any set up. OnCourse may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend theServices effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable OnCourse policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using theServices and any outstanding payments will become due. Any termination of thisAgreement shall not affect OnCourse's rights to any payments due to it.Sections 2.2, 3 through 15 will survive and remain in effect even if theAgreement is terminated.
You acknowledge that the Services, including the mobile application, delivered by OnCourse are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws, directly or indirectly.
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against OnCourse Technologies, Inc. must be resolved exclusively by a state or federal court located in Dade County, Florida, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Dade County, Florida for the purpose of litigating all such claims or disputes.
ANY DISPUTE OR CLAIM RELATING IN ANYWAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION,RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOUAND ONCOURSE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO ATRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN ACLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to OnCourse Technologies,Inc. at legal@oncourse.ai. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. ThisSection 14 shall survive expiration, termination or rescission of thisAgreement.
This Agreement, including theAdditional Terms below, is the entire agreement between you and OnCourse and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of OnCourse. However, OnCourse may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by OnCourse or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact OnCourse via an email to: legal@oncourse.ai
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