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Subscription Agreement
Connected Coursewareä is an Internet-based online educational service that consists of current, non-archived web content ("Non-Subscription Content"), as well as premium subscription services ("Subscription Services"). The Subscription Services include all Cybercourse™ materials. The Non-Subscription Content and the Subscription Services are collectively referred to herein as "Connected Courseware." The subscription services are provided subject to the terms and conditions of this subscription agreement ("Agreement"). This Agreement, constitutes the entire agreement between you as an authorized, subscribing user of Connected Courseware ("you" or "Subscriber"), and Connected Courseware with respect to the Subscription Services. By using the Subscription Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
1. Charges and Payments.
1.1 You agree to pay the applicable subscription fee for Subscription Services at the price in effect at the time you personally first subscribe to Subscription Services and, in the case of monthly or annual subscriptions, upon each monthly or annual renewal (if any) thereafter. A renewal of a gift subscription will renew at the subscription fee in effect at the time of renewal. The subscription fee will be exclusive of value added ("VAT"), sales or other taxes. Subscription fees will be subject to VAT, sales or other taxes as appropriate, and you must pay all taxes due as a result of your use of Subscription Services. Connected Courseware reserves the right to change the price of the subscription fee or institute new charges for access to or use of Subscription Services at any time upon not less than thirty (30) days' notice to User Name. Notwithstanding the foregoing, any change(s) in the subscription fee will not apply until expiration of the term for which you have already paid that fee. All changes will be posted online, and you agree to review pricing information posted on Connected Courseware regularly to obtain timely notice of such changes. As a courtesy, Connected Courseware will make reasonable attempts to e-mail a notice of any such change to you at your registered e-mail address. Continued use of Subscription Services or non-termination of your subscription after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
1.2 Your Subscription Services subscription fee is payable one period in advance (i.e., monthly for a monthly subscription, annually for an annual subscription); however, your subscription can be canceled at any time and your subscription fee shall be prorated relative to the term of your actual usage of your subscription.
1.3 Payment of your Fees and Charges must be made by the credit or debit card, or other card or device acceptable to Connected Courseware (e.g. a "smart" or "prepaid" card or device) (collectively "Card") designated by you when you first subscribe for Subscription Services. You may request that Connected Courseware automatically renew your subscription without further authorization, and submit Card charges for your subscription fee at the end of the applicable subscription term provided that you have not canceled your subscription prior to the renewal date. You agree that Connected Courseware may continue to submit such Card charges until you provide prior notice that you have terminated this authorization or wish to change your designated Card. Such notice will not affect charges submitted before Connected Courseware could reasonably act on your notice.
1.4 You must promptly notify Connected Courseware of changes to: (a) the account number or expiration date of your designated Card; and (b) your billing address, but any failure to do so shall not affect the authorization you have given Connected Courseware to charge your designated Card (unless you give notice that you are canceling that authorization or are designating a different Card). You must also promptly notify Connected Courseware if your card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Subscriber identification or password.
2. Connected Courseware Usage.
2.1 You may engage in use of the online resources, download files and otherwise use Connected Courseware as permitted by this Agreement, Connected Courseware's policies regarding use of Connected Courseware and applicable law. Connected Courseware’s policies relating to online conduct, conferences, bulletin boards ("BBSs") and other matters are available upon request; however, Connected Courseware reserves the right in its sole discretion to change Connected Courseware's policies at any time.
2.2 You agree to (a) not hold Connected Courseware responsible for the maintenance of any equipment required for your access to and use of Connected Courseware; and (b) maintain the security of your Connected Courseware User Name, password and other confidential information relating to your Subscription Services account. You must also promptly notify Connected Courseware if you become aware of any authorized disclosure or use of your User Name or password.
2.3 Either you or Connected Courseware may terminate your Subscription Services subscription at any time, with or without cause, upon notice. Connected Courseware also reserves the right to terminate or suspend your Subscription Services subscription without prior notice, but Connected Courseware will confirm such termination or suspension by subsequent notice.
3. Subscriber’s Representations; Minors. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use Connected Courseware in accordance with this Agreement. You may allow other members of your household to use your Connected Courseware account. You agree to be financially responsible for your use of Subscription Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. You acknowledge that you are aware that some areas of Connected Courseware may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your Subscription Services account. However, you should note that Connected Courseware supports the use of the RSACi content rating system which allows browser software to block access to sites based on content.
4. Ownership; Content.
4.1 All articles, illustrations, programs, services, processes, designs, software, technologies, trademarks, tradenames, inventions and materials comprising Connected Courseware are wholly owned by Connected Courseware and/or its partners. In addition, Connected Courseware has a compilation copyright in Connected Courseware and all Subscribers’ contributions to Connected Courseware.
4.2 Statements made in articles and forums reflect only the views of their authors. Advice received via Connected Courseware should not be relied upon for personal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
5. No Warranties and Limitation of Liability.
5.1 Connected Courseware (INCLUDING, WITHOUT LIMITATION, ALL OF ITS CONTENT RELATED SOFTWARE AND SERVICES) IS PROVIDED "AS IS," AND Connected Courseware MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. CONNECTED COURSEWARE DOES NOT WARRANT THAT ACCESS TO OR USE OF Connected Courseware WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT Connected Courseware OR ITS RELATED SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. CONNECTED COURSEWARE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY OR ACCURACY. ALSO, THERE IS NO WARRANTY OF TITLE, AUTHORITY OR NON-INFRINGEMENT.
5.2 YOUR USE OF Connected Courseware AND ALL ITS RELATED SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING RELATED SOFTWARE) OBTAINED THROUGH Connected Courseware. YOU AGREE THAT CONNECTED COURSEWARE WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE Connected Courseware OR ANY RELATED SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF CONNECTED COURSEWARE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CONNECTED COURSEWARE'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF Connected Courseware. YOU HEREBY RELEASE CONNECTED COURSEWARE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES AND CONDITIONS TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
6. Indemnification. You agree to indemnify Connected Courseware from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Subscription Services account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Subscribers and infringement of intellectual property or other rights. Connected Courseware will notify you promptly of any claim for which Connected Courseware seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Connected Courseware's interests, as reasonably determined by Connected Courseware.
7. Subscriber Information.
7.1 The name, address and payment information that you provide when you subscribe to Subscription Services, together with information regarding the manner in which you use Subscription Services, will not be processed or disclosed by Connected Courseware except as permitted by this Agreement.
7.2 By becoming a Subscriber, you agree that Connected Courseware may share with other parties both aggregate information and limited individual information gathered during your use of Subscription Services. "Aggregate information" is information that describes the habits, usage patterns and/or demographics of Subscribers as a group but does not indicate the identity of particular Subscribers. "Individual information" is information about a Subscriber presented in a form distinguishable from information relating to other Subscribers but not in a form that enables the recipient to personally identify any Subscriber. You also agree that locator information about you may be gathered, processed or used as provided in Section 7.3. "Locator information" consists of a Subscriber's name, e-mail address, physical address and/or other data that enables the recipient to personally identify the Subscriber.
7.3 You agree that locator information for you may be gathered, processed or used in the following instances: first, Connected Courseware may use the locator information for the billing and collection of charges due pursuant to this Agreement, and as is necessary for its enforcement of any of the terms of this Agreement; second, Connected Courseware may use locator information to notify you directly of special offers and communications regarding its products.
8. Effective Date; Changes to Terms. This Agreement takes effect on the date on which you first subscribe for Subscription Services and continues until your Subscription Services subscription is terminated either by you or by Connected Courseware. Connected Courseware RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ONLINE IN THE "MEMBER SERVICES" TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF Connected Courseware AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
9. General.
9.1 The laws of the State of Florida, USA govern this Agreement, and you consent to the exclusive jurisdiction and venue of courts in Hillsborough County, Florida in all disputes arising out of or relating to your use of Connected Courseware or your Subscription Services subscription.
9.2 If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.3 Connected Courseware's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Connected Courseware's right to comply with law enforcement requests or requirements relating to a Subscriber's use of Connected Courseware or information provided to or gathered by Connected Courseware with respect to such use.
9.4 Your Subscription Services subscription is personal. Subject only to Section 2, you agree not to assign, transfer or sublicense your rights as a Subscriber.
9.5 Notices given by Connected Courseware to you will be given by E-mail, or by a general posting on Connected Courseware, or by conventional mail. In any matter requiring Connected Courseware's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Connected Courseware. Notices given by you to Connected Courseware must be given by Email and addressed to pmf@cftnet.com, or by conventional mail. Notices to Connected Courseware by conventional mail must be sent to Connected Courseware , Attention: Member Services, 608 East River Dr., Temple Terrace, FL 33617, USA.
9.6 This Agreement constitutes the entire agreement between Connected Courseware and you with respect to your use of Connected Courseware and your Subscription Services subscription, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Connected Courseware and you with respect thereto. Connected Courseware Subscription Agreement 05/25/99