Publisher Terms of Use

Last Updated: August 6, 2023

By Accessing and Using the Courseware Store or Publisher Portal you agree to these Terms of Use. Please read them carefully before accessing or uploading any Documents to the Courseware Store.

The Courseware Store or Publisher Portal is a portal operated by Webucator, Inc., a company incorporated under the laws of New York in the United States. Webucator’s address is West Genesee Street, Suite 113, Fayetteville, NY 13066-1313.

This page (together with the documents referred to on it) informs you about the terms of use (“ToUs”) on which you may use and access the Courseware Store and Publisher Portal. Webucator reserves the right to update the ToUs at any time without notice to you. You are expected to check this page from time to time to take notice of any changes we make, as they are binding to you. The most current version of the ToUs can be reviewed by clicking on the hyperlink “Terms of Use” at the bottom of the web page.

The Courseware Store and Publisher Portal are offered and available to users who 18 years of age or older. By using the Courseware Store and Publisher Portal, you represent and warrant that you are of legal age to form a binding contract with the Webucator, Inc. and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not the Courseware Store or upload any Documents to the Courseware Store or Publisher Portal.

Please be aware that if you refuse to accept these ToUs, you will not be able to use the Courseware Publisher Portal.


In these ToUs the following terms shall mean:

  • "Webucator", "we" or "us" means Webucator, Inc., its employees, subcontractors and/or other companies which are appointed by Webucator to provide services in relation to the Courseware Store.
  • “Courseware Provider” means an independent publisher of learning material that has been approved by Webucator to be sold on the Courseware Store;
  • "E-book" means a publication in digital form, consisting of text, images, or both, readable on computers, mobile phones, E-book readers or other electronic devices ("Reading Devices").
  • "Reader Platform", means the platform provided by Webucator where E-books can be accessed or downloaded by students subject to the terms and conditions applying to the Reader Platform and after registration at the platform;
  • "Product" is any product offered in the Courseware Store consisting of either an E-book or Goods which may be purchased from the Courseware Store operated by Webucator;
  • "Marketplace" means the Webucator Courseware Store
  • "Publisher Portal or Courseware Publisher Portal" means the section of the Courseware Store that Webucator developed and makes available to publishers of Courseware and certain suppliers/service providers, to upload, review and process Courseware content.


  • 2.1 Through the Courseware Store Webucator provides you with access to a variety of resources, information and services, including but not limited to, uploading and publishing functionalities, and relevant sales information on your Products.
  • 2.2 Access to the Publisher Portal is permitted on a temporary basis, and we reserve the right to withdraw or amend the services and /or information we provide via the Publisher Portal without notice. You are responsible for making all technical and organizational arrangements necessary for you to have access to the Publisher Portal. We will not be liable to you if for any reason the Publisher Portal is temporarily unavailable at any time or for any period. We have the right to suspend your access to the Publisher Portal or close it indefinitely at any time, for any reason, and in our sole discretion.


  • 3.1 The Courseware Publisher Portal is only intended for use by registered individuals selling or dealing with the Products for commercial purposes, such as the publishers of Courseware and certain vendors, approving and converting the content of the Courseware for sale. The Courseware Publisher Portal shall only be used for the purposes outlined herein. Any other such use shall be deemed a breach of this ToUs.
  • 3.2 By uploading and/or approving Products or content to the Publisher Portal, you warrant that:
    • 3.2.1 You are legally capable of entering into binding contracts; and
    • 3.2.2 You agree that any of the customers who purchase and are supplied with E-books or Goods is bound by the applicable terms and conditions for such purchase.
  • 3.3 You must treat any given access data to the Publisher Portal including your e-mail address, password or any other piece of information as part of our security procedures as confidential, and you must not disclose it to any third party. We have the right to disable any user name and/or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these ToUs and if the relevant contract between you and us has been terminated or for any other reason in our sole discretion.


Personal details provided to Webucator through this Publisher Portal will only be used in accordance with our Privacy Policy, incorporated herein by reference. By using the Publisher Portal, you consent to such processing of your personal data and you warrant that all data provided by you is accurate. Please read our Privacy Policy carefully.


  • 5.1 In case you are a Courseware Provider, you agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Courseware Publisher Portal content that you have the right and authority to Share and for which you have the right and authority to grant to us all of the licenses and rights as set forth in the Contract for Courseware Marketplace Participation you concluded with us.
  • 5.2 You agree that Webucator can make available to training companies an API feed by which they can list metadata (benefits, course outline, etc.) on their website. This would contain the same content, set by you, as appears on the Marketplace for your courseware.
  • 5.3 Be aware that the Shared content you make available through the Courseware Publisher Portal is confidential information before we offer it on the Courseware Store for purchase. Unless otherwise agreed in writing your Shared content is considered confidential information and shall be received and treated by the individuals having access to the Publisher Portal on a confidential and restricted basis.
  • 5.4 Your content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, your content must not:
    • 5.4.1 Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    • 5.4.2 Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    • 5.4.3 Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
    • 5.4.4 Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these ToUs and our Privacy Policy.
    • 5.4.5 Be likely to deceive any person.
    • 5.4.6 Promote any illegal activity, or advocate, promote, or assist any unlawful act.
    • 5.4.7 Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    • 5.4.8 Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
    • 5.4.9 Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
    • 5.4.10 Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • 5.5 Validated trainers (trainers associated with a validated training company) can get free copies of any courseware that the training company has purchased within the last year or for which they still have unused redemption keys. These copies will be protected with Digital Rights Management in the same way purchased courseware is.


  • 6.1 The Publisher Portal is provided "as is". While we have taken every care in the preparation of the content of the Publisher Portal we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Publisher Portal. We do not warrant that the Publisher Portal, its content or information will be accurate, reliable, or uninterrupted, that defects will be corrected, or that the Publisher Portal, its content and information will be free of viruses or other harmful components, or that the Publisher Portal, its content, and information will otherwise meet your needs or expectations. Except as set out in this section, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the availability, non availability or delay in making available the Publisher Portal, its content and information are excluded to the extent permitted by law, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
  • 6.2 We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these ToUs, except as provided by mandatory law. We will not be responsible for any commercial or business losses (including limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect, incidental, special, exemplary, punitive, or consequential loss that was not reasonably foreseeable to both you and us at the time you began using the Publisher Portal, regardless of whether or not we were advised of the possibility of such damages and the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. We shall not be liable for any loss or damage which may arise from the use or misuse of the Publisher Portal or any of the content and/or information on the Publisher Portal (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill).
  • 6.3 This does not include or limit in any way our liability:
    • 6.3.1 for death or personal injury caused by our negligence;
    • 6.3.2 for fraud or fraudulent misrepresentation; or
    • 6.3.3 for gross negligence or intent; or
    • 6.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.


  • 7.1 You must not misuse the Publisher Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Publisher Portal, the server on which the Portal is stored or any server, computer or database connected to the Publisher Portal. You must not attack the Publisher Portal or the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • 7.2 By breaching this provision, you would commit a criminal offense. We may report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Publisher Portal and our service will cease immediately.
  • 7.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Publisher Portal and our Service or to your downloading of any material posted on it. Your use of the Publisher Portal is at your own Risk.
  • 7.4 You may use the Publisher Portal only for lawful purposes and in accordance with these terms of use. You agree not to use the Publisher Portal:
    • 7.4.1 In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • 7.4.2 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
    • 7.4.3 To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these terms of use.
    • 7.4.4 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    • 7.4.5 To impersonate or attempt to impersonate Webucator, a Webucator employee, another user, or any other person or entity (including, without limitation, by using email addresses or login credentials associated with any of the foregoing).
    • 7.4.6 To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Publisher Portal, or which, as determined by us, may harm Webucator or users of the Publisher Portal, or expose them to liability.
    • 7.4.7 Additionally, you agree not to:
      • Use the Publisher Portal in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the foregoing, including their ability to engage in real time activities.
      • Use any robot, spider, or other automatic device, process, or means to access the Publish Portal for any purpose, including monitoring or copying any of the material on the Publisher Portal.
      • Use any manual process to monitor or copy any of the material on the Publisher Portal, or for any other purpose not expressly authorized in these terms of use, without our prior written consent.
      • Use any device, software, or routine that interferes with the proper working of the Publisher Portal.
      • Otherwise attempt to interfere with the proper working of the Publisher Portal.
  • 7.5 We have the right to:
    • 7.5.1 Take any action with respect to your use of the Publisher Portal and concerning any information you provide that we deem necessary or appropriate in our sole discretion, including if we believe that such use of information violates the terms of use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for Webucator.
    • 7.5.2 Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    • 7.5.3 Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Publisher Portal.
    • 7.5.4 Terminate or suspend your access to all or part of the Publisher Portal for any or no reason, including without limitation, any violation of these ToUs.
  • 7.6 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Publisher Portal. YOU WAIVE AND HOLD HARMLESS WEBUCATOR FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WEBUCATOR DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WEBUCATOR OR LAW ENFORCEMENT AUTHORITIES.
  • 7.7 We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party on or through the Publisher Portal. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


  • 8.1 If we fail to insist upon strict performance of any of your obligations under these ToUs, or if we fail to exercise any of the rights or remedies to which we are entitled to, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  • 8.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
  • 8.3 No waiver by us of any of these ToUs shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.


If any of these ToUs are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.


  • 10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Publisher Portal, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in the Publisher Portal or the account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
  • 10.2 All notices given by you to us must be given to Webucator, 201 West Genesee Street, Suite 113, Fayetteville, NY 13066-1313, or by email: . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, the email address associated with your account, or in any of the ways specified in clause 19.1 above. Notice will be deemed received and properly served immediately when posted in the Publisher Portal, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.


  • 11.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
  • 11.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  • 11.3 You will not assign any of your rights or delegate any of your obligations under these terms of use without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under these terms of use.


  • 12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
  • 12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    • 12.2.1 strikes, lock-outs or other industrial action.
    • 12.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    • 12.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    • 12.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    • 12.2.5 impossibility of the use of public or private telecommunications networks.
    • 12.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
  • 12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event


  • 13.1 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
  • 13.2 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
  • 13.3 We have the right to revise and amend these terms and conditions from time to time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Publisher Portal.
  • 13.4 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).


All matters relating to your access to, and use of the Publisher Portal and content provided on or through or uploaded to the Publisher Portal shall be exclusively governed by New York law, and the courts of the state of New York located in Onondaga County have exclusive jurisdiction.