Student Terms of Use

Last Updated: August 17, 2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REDEEMING DIGITAL CONTENT

www.coursewarestore.com is a website operated by Webucator, Inc., whose registered office is 201 West Genesee Street, Suite 113, Fayetteville, NY 13066-1313. We have been appointed by Publishers of courseware materials as an authorized service provider in the distribution of the Digital Content.

This page (together with the documents referred to on it) tells you the terms and conditions on which you may use Courseware Store and on which you may redeem any of the Digital Content which you have purchased from a Publisher. Please read these terms and conditions carefully before accessing any Digital Content from Courseware Store. You should understand that by using Courseware Store, you agree to be bound by these terms and conditions.

Please accept these terms and conditions when registering for the first time for Courseware Store. Please understand that if you refuse to accept these terms and conditions at your registration, we will not be able to provide you with access to Courseware Store and you will not be able to redeem any Digital Content.

The Courseware Store is offered and available to users who 18 years of age or older. By using the Courseware Store, 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 access or purchase any of the products from the Courseware Store.

You should print a copy of these terms and conditions for future reference.

1. TERMS USED IN THIS AGREEMENT

In this agreement 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 Courseware Store operated by Webucator;
  • "Digital Content" or "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’).
  • "Publisher" means Webucator and other authors/companies that have been approved by us as publishers of Digital Content and who have licensed the Training Center.
  • "Courseware Store" means the reader platform provided by Webucator where E-books or Digital Content can be accessed or downloaded to a Reading Device by logging into Courseware Store subject to the terms and conditions applying to Courseware Store and after registration at the platform;
  • "Training Center" means the person or entity that provided you access to the Digital Content or E-book.
  • "Service" means the provision of Digital Content and support and other services that we provide to you on Courseware Store.

2. AVAILABILITY

  • 2.1 For security reasons, access to Courseware Store and reclaiming Electronic Content is possible only through the personal and protected account area when you are logged into Courseware Store using a dedicated email address and password.
  • 2.2 By using Courseware Store and redeeming any E-Book or Digital Content from Courseware Store, you warrant that:
    • 2.2.1 You have been made aware of by your Training Center and are bound by the terms and conditions applicable to the Digital Content or E-Book that you are redeeming. The Digital Content or E-Book are for educational and training purposes only. Placing the Digital Content on marketplace, open source, shared content or any third party websites, or using the Digital Content for any purpose not set forth in these terms, is strictly forbidden.
    • 2.2.2 you will not alter or remove any copyright or other protective notices contained in the Licensed Content.
  • 2.3 Access to Courseware Store is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide via Courseware Store without notice. You are responsible for making all technical and organizational arrangements necessary for you to have access to Courseware Store. We will not be liable to you if for any reason Courseware Store is temporarily unavailable at any time or for any period or if we close it indefinitely at any time, for any reason, in our sole discretion.
  • 2.4 From time to time, we may restrict access to some or all parts of Courseware Store.
  • 2.5 When accessing Courseware Store for the first time you will be asked to open an account including user name, password or any other piece of information as part of our security procedures. You must treat such information 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 terms of use or for any reason in our sole discretion. It is a condition of your use of the Courseware Store that all the information you provide is correct, current, and complete.
  • 2.6 You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

3. USING THE Courseware Store

  • 3.1 To use Courseware Store you need to register at www.coursewarestore.com and log in to the site using an email address and password which you create on this site before your first login. The email address you use must be your email address, not a group email address. You must also include your real first and last name on your account. In addition, you are responsible for both 1) making all arrangements necessary for you to have access to the Courseware Store and 2) ensuring that you comply with these terms of use when accessing the Courseware Store.
  • 3.2 To access Digital Content or E-books simply follow the instructions on the screen.

4. DIGITAL CONTENT

  • 4.1 We deliver E-books to you via your account on Courseware Store.
  • 4.2 The content you have been provided will be available for activation on Courseware Store for a limited period of 1 year. Please refer to your Training Center for further details of such expiry date.
  • 4.3 Use of Digital Content: Upon your download or access of Digital Content and subject to your payment of any applicable fees (including applicable taxes), the Training Center grants you a non-exclusive right to view, use, and display such Digital Content, on your Reading Device or as otherwise permitted as part of the service, for access on a maximum of three Reading Devices simultaneously, and solely for your personal use. Digital Content is licensed, not sold, to you by the Training Center. The Training Center may include additional terms for use within its Digital Content. Those terms will also apply, but this Agreement will govern the relationship between you and Webucator in the event of a conflict.
  • 4.4 Limitations: Unless specifically indicated otherwise, you may not copy, record, install, sell, rent, lease or lend, distribute, broadcast, publicly display, sublicense, or otherwise assign any rights to the Digital Content or any portion of it to any third party, remove or modify any proprietary notices or labels on the Digital Content, bypass, modify, defeat, or circumvent security features that protect the Digital Content. adapt, link to, post, publish, transmit, publish, rent, lease or lend the Digital Content, or reverse engineer, decompile, remove or otherwise thwart any protections or disassemble the Digital Content except and only to the extent that applicable law expressly permits, despite this limitation.

5. RISK AND TITLE

The Digital Content will be at your risk from the time of delivery.

6. PERSONAL DATA

Personal details provided to Webucator through this website will only be used in accordance with our Privacy Policy, incorporated herein by reference. By using Courseware Store, 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.

7. OUR LIABILITY

  • 7.1 Webucator is a service provider only and in no case provides any warranties with respect to the quality or fitness for purpose of the Digital Content or E-Books you may redeem from Courseware Store.
  • 7.2 Please refer to your Training Center with respect to any questions you may have regarding product specifications and system requirements required to activate and operate Digital Content or E-Books that you have been provided by them. We cannot ascertain whether the Digital Content is virus free or whether your computer or Reading Device fulfills the system requirements and we therefore assume no responsibility or liability for the functionality of your computer system after a Digital Content or E-Book has been accessed or installed.
  • 7.3 Courseware Store is provided ‘as is’. While we have taken every care in the preparation of the content of Courseware Store 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 Courseware Store. Except as set out in this condition 7, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Digital Content are excluded to the extent permitted by law.
  • 7.4 WITHOUT LIMITING THE FOREGOING, WEBUCATOR DOES NOT REPRESENT OR WARRANT THAT THE COURSEWARE STORE, ITS CONTENT, OR ANY SERVICES OR DIGITAL CONTENT OBTAINED THROUGH THE COURSEWARE STORE WILL BE ACCURATE, RELIABLE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE COURSEWARE STORE OR THE SERVER THAT MAKES IT AVAILABLE, OR THAT THE COURSEWARE STORE OR DIGITAL CONTENT OBTAINED WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
  • 7.5 EXCEPT AS OTHERWISE OUTLINED IN THIS SECTION, TO THE FULLEST EXTENT PROVIDED BY LAW, WEBUCATOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  • 7.6 Where Courseware Store contains links to other sites and resources provided by third parties, these links are provided for your information only. We do not identify ourselves with the content of such sites and resources; have no control over the contents of those sites or resources; and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  • 7.7 We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms and conditions, except as provided by mandatory law. We will not be responsible for any commercial or business losses (including without 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 our contract was formed, or at the time you began using Courseware Store, 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 to any person for any loss or damage which may arise from the use or misuse of Courseware Store or any of the materials on Courseware Store (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill).
  • 7.8 This does not include or limit in any way our liability:
    • 7.8.1 for death or personal injury caused by our negligence;
    • 7.8.2 for fraud or fraudulent misrepresentation; or
    • 7.8.3 for gross negligence or intent; or
    • 7.8.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
  • 7.9 OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE DIGTIAL CONTENT AND SERVICES YOU HAVE ORDERED THROUGH THE COURSEWARE STORE. The limitation of liability set forth above shall only apply to the extent permitted by law.
  • 7.10 ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR COURSEWARE STORE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

8. INTELLECTUAL PROPERTY

  • 8.1 Digital Content offered in Courseware Store are the intellectual property of its respective Publisher. When accessing Digital Content on Courseware Store, you declare that you accept the respective terms and conditions bundled with the Digital Content. You are not permitted to remove any copyright, trademark, trade dress or other intellectual property notices affixed in or to the Digital Content.
  • 8.2 We are the owner or the licensee of all intellectual property rights in Courseware Store. Those works are protected by copyright, trademark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
  • 8.3 If you print off, copy or download any part of Courseware Store in breach of these terms of use, your right to use Courseware Store will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  • 8.4 Using Courseware Store does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
  • 8.5 Courseware Store and all logos on the Site are business names and marks which are the property of Webucator or third parties.

9. WRITTEN COMMUNICATIONS AND NOTICES

  • 9.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using Courseware Store, 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 Courseware Store 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.
  • 9.2 All notices given by you to us must be given to Webucator at 201 West Genesee Street, Suite 113, Fayetteville, NY 13066-1313, or by email to courseware@coursewarestore.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order or in any of the ways specified in clause 9.1 above. Notice will be deemed received and properly served immediately when posted in Courseware Store, 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.

10. TRANSFER OF RIGHTS AND OBLIGATIONS

  • 10.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
  • 10.2 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.
  • 10.3 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 13 is null and void. No assignment or delegation relieves you of any of your obligations under these terms of use.

11. EVENTS OUTSIDE OUR CONTROL

  • 11.1 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’).
  • 11.2 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:
    • 11.2.1 strikes, lock-outs or other industrial action.
    • 11.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    • 11.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    • 11.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    • 11.2.5 impossibility of the use of public or private telecommunications networks.
    • 11.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
  • 11.3 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.

12. VIRUSES, HACKING AND OTHER OFFENSES; PROHIBITED USES

  • 12.1 You must not misuse Courseware Store or the Service 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 Courseware Store or its content, the server on which Courseware Store or the Service is stored or any server, computer or database connected to Courseware Store. You must not attack Courseware Store or the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • 12.2 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 Courseware Store and our Service will cease immediately.
  • 12.3 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 Courseware Store and our Service or to your downloading of any material posted on it, or on any website linked to it. Your use of the Courseware store is at your own risk.
  • 13.4 You may use the Courseware Store or the Service only for lawful purposes and in accordance with these terms of use. You agree not to use the Courseware Store or Service:
    • 13.4.1 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).
    • 13.4.2 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.
    • 13.4.3 To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these terms of use.
    • 13.4.5 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    • 13.4.6 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).
    • 13.4.7 To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Courseware Store or the Service, or which, as determined by us, may harm Webucator or users of the Courseware Store or Service, or expose them to liability.
    • 13.4.8 Additionally, you agree not to:
      • 13.4.8.1 Use the Courseware Store or the Service 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.
      • 13.4.8.2 Use any robot, spider, or other automatic device, process, or means to access the Courseware Store or Service for any purpose, including monitoring or copying any of the material on the Courseware Store.
      • 13.4.8.3 Use any manual process to monitor or copy any of the material on the Courseware Store or Service, or for any other purpose not expressly authorized in these terms of use, without our prior written consent.
      • 13.4.8.4 Use any device, software, or routine that interferes with the proper working of the Courseware Store or Service.
      • 13.4.8.5 Otherwise attempt to interfere with the proper working of the Courseware Store or Service.
  • 13.5 We have the right to:
    • 13.5.1 Take any action with respect to your use of the Courseware Store or Service 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.
    • 13.5.2 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.
    • 13.5.3 Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Courseware Store.
    • 13.5.4 Terminate or suspend your access to all or part of the Courseware Store or Service for any or no reason, including without limitation, any violation of these terms of use.
  • 13.6 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 the Courseware Store. 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.
  • 13.7 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 Courseware Store or Service. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

14. COMPLIANCE WITH LAWS AND RESERVATION OF RIGHTS

You will use the Service and the Digital Content in compliance with all applicable laws. Neither the sale or transfer of the Digital Content to you, nor the license of the Digital Content to you, transfers to you title to or ownership of any intellectual property rights of a Publisher or Training Center. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to Webucator or other Publishers.

15. EXPORT REGULATIONS

You will comply with all applicable export and re-export restrictions and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of Digital Content to a prohibited country or otherwise in violation of any such restrictions or regulations.

16. TERMINATION

Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Digital Content and Webucator may immediately revoke your access to the Service or to the Digital Content without any liability for damages.

17. WAIVER

  • 17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  • 17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
  • 17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 9 (Notices) above.

18. SEVERABILITY

If any of these terms and conditions or any provisions of a Contract 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.

19. ENTIRE AGREEMENT

  • 19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
  • 19.2 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.
  • 19.3 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.

20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

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.

21. LAW AND JURISDICTION

This agreement any disputes relating to it shall be governed by United States law and United States courts shall have exclusive jurisdiction.

22. LANGUAGE

The language of the Contract shall be English.