Course Mason - Terms of Use

Thank you for your interest in COURSE MASON! We are delighted that you have visited our website. This User Agreement ("Agreement") contain the terms and conditions that apply to your use of all content and functionality available through the domain name and/or co-branded websites COURSE MASON may operate or host from its servers (collectively referred to herein as the "Site"), including but not limited to all services available through the Site (the "Services").

This Agreement for the use of our Services and our Site may be modified from time to time. While COURSE MASON will make every effort to advise you of any changes, you are advised to periodically visit our website to review any changes to this Agreement that may be posted there. In the event that you disagree with any future changes to this Agreement, please contact COURSE MASON immediately to discuss the impact of these changes to your membership and to determine whether cancellation of your membership would be appropriate to address your concerns. In the alternative, you may, if you disagree with any changes to this Agreement, simply cancel your membership. You agree that if you continue to access and use the Site, your continued access and use constitutes your acceptance of any changes. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

The Site may contain links to third party websites that are not owned or controlled by COURSE MASON. COURSE MASON assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, COURSE MASON will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve COURSE MASON from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

In the event that you do not agree with the terms and conditions of this Agreement, do not continue to use this Site and do not complete the registration process.

  1. Registration

    We require you to register to access and use the certain Services. In this registration process, you may enter your e-mail address and a password. Your e-mail address will be used to identify you on COURSE MASON. You may not have more than one account, and only one email address for your use of any Service. By registering, you certify that the email address you provide in the registration is accurate and belongs to you or that you have the right to use it; otherwise, if that is not true, we have the option of suspending your account with COURSE MASON.

    You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify COURSE MASON immediately from the Contact page of any unauthorized use of your account or any other breach of security you learn about. Although COURSE MASON will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of COURSE MASON or others due to such unauthorized use.

  2. Email Communication

    You must provide your electronic mail ("email") address when registering to access any Service. We use your email address, when necessary, to communicate with you regarding the administration of the Site. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of COURSE MASON. If you do not want to receive newsletters and updates, you may opt out of those Services after you register by notifying us from the Contact page, or by clicking on the "unsubscribe" link on newsletters and updates.

  3. Use of the Site - Permissions and Restrictions

    COURSE MASON hereby grants you permission to access and use the Site and Services, as set forth in this Agreement, subject to the following restrictions (the "Code of Conduct"):

    1. COURSE MASON Services and Site are only available for use by individuals who are age 18 or over.
    2. The Services and Site may not be used by scripts, machines or automated services without express written consent of the site ownership.
    3. COURSE MASON Services and Site may be used only for lawful purposes. You may not use the site to abuse other members or to be involved in conduct that COURSE MASON finds objectionable. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the COURSE MASON Services or Site for any criminal or illegal activities or any activities that might be legally actionable.
    4. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws.
    5. You shall not engage in any of the following activities, which are strictly prohibited under this Agreement:
      1. Posting, transmitting or linking to any text or images that are sexually explicit, pornographic, violent, racially or ethnically objectionable or patently offensive to the online community.
      2. Posting, transmitting or linking to defamatory and libelous statements or other statements that would violate any third party's privacy or publicity rights.
      3. Posting, transmitting or linking to profane language, descriptions of situations or scenarios considered, in the opinion of COURSE MASON, inappropriate for the COURSE MASON membership.
      4. Impersonating any person or using a name that you are not authorized to use.
      5. Planning illegal activities, such as creating computer viruses, building a bomb or counterfeiting money or pirating software, serial numbers of products for which you do not have a registered license.
      6. Advertising, promoting in any way or offering to sell any goods or services for any commercial purpose.
      7. Soliciting individuals for employment other than in designated areas (for example, within a discussion thread).
      8. Soliciting individuals to join other services comparable to or competitive with COURSE MASON.
      9. Posting links that lead to a competitor's site.
      10. Promoting any products or services that are unlawful at the location at which the content is posted or received.
      11. Posting any content that infringes any third party's intellectual property rights or violates any confidentiality agreements or contracts of employment.
      12. Posting, transmitting or linking to statements that are intentionally false or misleading.
      13. Introducing viruses, worms, harmful codes or Trojan horses.
      14. Violating system and network security.
      15. Altering or modifying the Site or Services without the express written permission of COURSE MASON.
      16. Making commercial use of the Site or Services, such as by selling access to the Site or Services, without the express written permission of COURSE MASON

    If you notice a problem with other members not following the Code of Conduct, please notify us by contacting Course Mason Support from the Contact page. COURSE MASON reserves the right to determine, at its sole discretion, what constitutes a violation of the Code of Conduct. If COURSE MASON believes that a violation of this Code of Conduct has occurred, COURSE MASON has the right, but not the obligation, to take corrective action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to COURSE MASON Service. If your membership is terminated due to a violation of the Code of Conduct, COURSE MASON shall have no obligation to refund to you any unused portion of your membership fee.

    COURSE MASON reserves the right to discontinue any aspect of the COURSE MASON Site or Services at any time.

  4. COURSE MASON Property Rights

    The layout, design, concept and organization of the COURSE MASON Site and Services are subject to COURSE MASON's copyrights and other intellectual property rights. All rights are reserved.

    You acknowledge and agree that COURSE MASON owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the COURSE MASON Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.

    You agree that you will obtain the express written permission from COURSE MASON before you copy, upload, transmit, reproduce, distribute or in any way exploit any COURSE MASON Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the COURSE MASON Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services for so long as COURSE MASON owns the intellectual property rights to this Site. This Agreement does not constitute a license to use COURSE MASON's trade names, service marks or any other trade insignia. Any use of COURSE MASON's trade names, services marks or any other trade insignia shall be subject to COURSE MASON's prior written consent.

  5. Disclaimers of Warranty

    COURSE MASON does not review or verify the content of postings at its Site. The users who participate at COURSE MASON have not been licensed, certified or tested, nor have they met any requirements other than completing our registration form, which has not been reviewed or verified by us.

    You understand that when using the COURSE MASON Site, you will be exposed to user submissions from a variety of sources, and that COURSE MASON is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand that users may upload files containing bugs, viruses, Trojan horses, or the like, that if you elect to download any file, you and not COURSE MASON, are responsible for taking necessary precautions to avoid any harm from such files. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against COURSE MASON with respect thereto, to the fullest extent allowed by law regarding all matters related to your use of the Site.

    YOU EXPRESSLY AGREE THAT USE OF COURSE MASON SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

    COURSE MASON MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR WITH THE SERVICES. COURSE MASON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    COURSE MASON MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. COURSE MASON DOES NOT WARRANT THAT THE SITE OR SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. NOR DOES COURSE MASON MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USED OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

    No advice or information, whether oral or written, obtained by you through the services shall create any warranty, whether by implication, estoppel or otherwise. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

  6. Limitation on Liability

    REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL COURSE MASON, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES ("COURSE MASON AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THE SERVICES; (II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (III) (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (IV) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF COURSE MASON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Your sole and exclusive remedy with respect to the use of any Services provided by COURSE MASON shall be to discontinue of your membership upon the expiration of the current term of your membership. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions our liability shall be limited to the extent permitted by law.

  7. Indemnification

    COURSE MASON provides its Services and Site to Members on the understanding that Members will act professionally and responsibly. If they do not, Members must bear full responsibility for their actions. As a Member, you agree to defend, indemnify and hold harmless COURSE MASON, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and users’' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your Member Name and password; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. COURSE MASON reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of COURSE MASON, which shall not be unreasonably withheld.

  8. Term, Termination

    This Agreement shall be effective for as long as you use access the Site or the Services.

    Either you or COURSE MASON may terminate your Membership without cause, and without notice at the end of the billing cycle applicable to you Membership. COURSE MASON may terminate your Membership immediately if, based on COURSE MASON's sole judgment, it determines that you have materially breached this Agreement in any manner, including but not limited to (i) violating the Code of Conduct established for the use of COURSE MASON Services or Site, (ii) infringing or violating any intellectual property right of COURSE MASON or (iii) infringing or violating any intellectual property right or privacy or publicity right of a third party.

    The termination of your Membership shall terminate your access to any Services for which registration is required. Neither COURSE MASON nor any affiliate of COURSE MASON shall be liable to you or to any third party for termination of the Services for any reason. If your Membership is terminated for cause, you SHALL NOT receive any refund for any unused portion of your Membership.

    Upon termination of this Agreement, the perpetual license you have granted to COURSE MASON shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.

  9. Assignment

    Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of COURSE MASON, and in purported assignment in violation of this provision is void. COURSE MASON's rights under this Agreement are fully assignable without prior notice to you.

  10. Severability

    If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

  11. Applicable Law and Jurisdiction

    This Site (excluding links) is controlled and operated from the COURSE MASON offices in Glen Carbon, Illinois USA. You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the State of Illinois and the United States of America, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America. The federal courts of the State of California and the state courts shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being affected upon you by either email or registered mail sent to the address you provide COURSE MASON in connection with your subscription for services.