TERMS AND CONDITIONS OF USE
XANEDU CUSTOMIZATION PLATFORM USE, ACCOUNTS AND LIMITED LICENSE TO SITE CONTENT
In order to access features of the Site, you will have to create an XanEdu account (an "Account"), and pay all relevant costs and charges, as described and required on the Site. Any failure of payment as required hereunder and on the Site will result in our declining (or terminating, as appropriate) your Account.
Administrators and Accredited Faculty
If, and ONLY if, you are an "Authorized Educator" (as herein defined), you may use the Site to compile and create customized pdfs and/or printed books ("Customized Products") to be used exclusively for educational purposes on behalf of such Educational Institution. As used herein, "Authorized Educator" shall mean an authorized administrator or accredited faculty member of an entity authorized under applicable law to operate as a school or educational institution (an "Educational Institution"). By accessing the Site and creating Customized Products, you:
(A) represent and warrant that you are an Authorized Educator;
(B) acknowledge and agree, as an Authorized Educator, that Customized Products produced or purchased through the Site will be distributed only to Authorized Student End-User,
(C) represent and warrant that you will not use (or sell or distribute for use) Customized Products other than for use by Authorized Student End-Users and solely for educational purposes on behalf of such Educational Institution (the "Limited License").
(D) represent and warrant that you will not post the Customized Product on your personal or public website or on public networks,
(E) represent and warrant that you will not systematically download any Site Content, use routines designed to continuously and automatically search and index the site Content (full text and meta data), such as web-crawling or spider programs,
(F) represent and warrant that you will not directly or indirectly use or assist any third party to use the Site Content for any commercial or monetary purposes including without limitation any sale, resale, loan, transfer or upload of the Site Content or Customized Product to a commercial entity's internet website, or otherwise charge a fee for access, provided however, that recovery of direct costs by Authorized Student End-Users shall not violate this sub-section.
Student Purchasers of Customized Products
If, and ONLY if, you are an "Authorized Student End-User" (as herein defined), you may use the Site to purchase Customized Products created by Authorized Educators solely for limited use as permitted by the Limited License. As used herein, "Authorized Student End-User" shall mean a student registered with an Educational Institution who has been directed by an Authorized Educator at such Educational Institution to purchase a Customized Product for use in connection with an accredited course offered by such Educational Institution. By accessing the Site and purchasing Customized Products, you:
(A) represent and warrant that you are an Authorized Student End-User;
(B) acknowledge and agree, as an Authorized Student End-User, that Customized Products purchased through the Site will not be distributed by you to any third-party, and will be used exclusively for your personal use, and subject to and only to the extent permitted by the Limited License.
You may never use another user's Account without permission. When creating your Account, you must provide accurate and complete information about yourself ("User Information"). You are solely responsible for the activity that occurs on your Account, and you must keep your account password secure. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your XanEdu passwords or Accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your XanEdu Account and password; and (3) promptly inform XanEdu of any need to deactivate a password. You grant XanEdu and all other persons or entities involved in the operation of the Site, the right to transmit, monitor, retrieve, store, and use your User Information in connection with the operation of the Site. XanEdu cannot and does not assume any responsibility or liability for any User Information you submit, or your or third parties' use or misuse of information transmitted or received using XanEdu tools and services. You must notify XanEdu immediately of any breach of security or unauthorized use of your Account.
You acknowledge, consent and agree that XanEdu may access, preserve, and disclose your User Information, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Site Content provided by you violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of XanEdu, its Site users and the public.
Although XanEdu will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of XanEdu or others due to such unauthorized use.
ACCOUNT TERMINATION POLICY
XanEdu reserves the right to revoke any User's Account and discontinue any User's access to the Site at any time at its sole discretion for any reason whatsoever.
CHANGES TO USER AGREEMENT
We also reserve the right at any time to:
- Change the terms and conditions of this User Agreement;
- Change the XanEdu products and services, including eliminating or discontinuing any content or feature of the Site; or
- Change the fees, charges or other conditions for use of the Site.
You agree to pay all amounts due with respect to your Account upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.
The Site contains content intended for educational purposes. Although we attempt to ensure the integrity of our Site and products and services made available through the Site, we make no guarantees as to the completeness or correctness of any Site Content available through the Site. While all efforts have been made to assure the accuracy of the Site Content as of the date of its posting, XanEdu makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Site Content. XanEdu is not responsible for any adverse effects or consequences that may occur as a result of applying any information, advice or suggestions contained in Site Content. You are encouraged to confirm the information contained in any Site Content with other sources. For example, there may be Site Content that contains information with regard to medical or pharmaceutical products. In such instance, you are advised to check the specific product information sheet included in the package of any such medical or pharmaceutical product to be certain that the information contained in Site Content is accurate and that changes or updates to such information have not been made in any regard. Without limiting the generality of the foregoing, in the event that you become aware of any inaccuracy reflected in Site Content, please contact us at email@example.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section entitled "COPYRIGHT" below.
OWNERSHIP AND CONTENT
The Site is owned and operated by XanEdu, and all Site Content is owned by XanEdu or used under license to XanEdu by third parties, unless otherwise expressly provided on the Site. XanEdu has created the Site for your use only as expressly herein specified. Any special rules for the use of certain software and other Site Content accessible on the Site may be included elsewhere within the Site and are incorporated into this User Agreement by reference.
The Site Content is protected by copyright under both United States and foreign laws. Title to the Site Content remains with XanEdu or its licensors unless otherwise expressly provided on the Site. Any use of the Site Content in a manner other than as expressly permitted by the Limited License and this User Agreement and on the Site is a breach of this User Agreement and may violate copyright, trademark, and other laws. Site Content and features are subject to change or termination without notice in the editorial discretion of XanEdu. All rights not expressly granted herein are reserved to XanEdu and its licensors.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Site or the Site Content therein.
If you violate any of the provisions of this User Agreement, your permission to use the Site Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Site Content. The use of the Site and the Site Content is at your own risk.
XanEdu has established a relationship with Copyright Clearance Center, Inc. ("CCC"), a New York not-for-profit corporation, for the purposes of helping Users obtain permission to use Site Content from the Site Content copyright owners. XanEdu has no responsibility or liability with regard to transactions made with CCC via the Site ("CCC Transactions"). All CCC Transactions made through the Site are subject in all respects to CCC standard terms and conditions as provided by CCC and available at https://rightscentral.copyright.com/content/rightscentral/en/company/termsofuse.html.
ADDITIONAL INFORMATION REGARDING COPYRIGHT PROTECTION AND PERMISSIONS CAN BE FOUND AT:
http://www.academicpub.com/royalties_popup.html. Note that copyrighted works, as distinguished from compilations and collections of those works, are subject to separate and distinct copyright protection. Accordingly, the amount and substantiality of the portion used in relation to the copyrighted work as a whole will materially impact the nature and extent of copyright clearance (and payment of related royalties) required with regard to use. The larger the amount, and proportion, of original expression you want to use, the more likely it is that use will require copyright clearance not only of the individual works, but also of the collection or compilation of such works. Therefore, careful analysis of the extent of use should be undertaken to reduce the risk of infringement. By way of example, if 6 of 8 chapters of a book are cleared for use, Users also should diligently consider the need to obtain permission to use the entire book as a whole. You are not permitted to alter the content of any copyrighted work in any manner whatsoever, nor copy or cut any material from, or paste or insert material into, any portion thereof.
Requests for permission to reproduce or distribute the Site Content other than as provided above can be made by contacting XanEdu at firstname.lastname@example.org.
"XanEdu" the XanEdu Logo, and all other marks, graphics, logos, page headers, button icons, scripts, and service names indicated on the Site are protected servicemarks and trademarks/tradedress (collectively, the "Marks" of XanEdu (other than where such marks are specifically indicated as being owned by a third party). The Marks may not be used by any User for any purpose whatsoever, except as expressly permitted by XanEdu in connection with its products and services. All other trademarks not owned by XanEdu that appear on the Site are the property of their respective owners as indicated.
XanEdu or other third parties, including without limitation CCC, may provide links within the Site to other web sites or resources. Because XanEdu has no control over such web sites and resources, you acknowledge and agree that XanEdu is not responsible for the availability of such external web sites or resources, and neither endorses nor is responsible or liable for any content, advertising, products, services or other materials on or available from such web sites or resources. You further acknowledge and agree that XanEdu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web site or resource.
ADVERTISING AND THIRD PARTY CONTENT
Your correspondence or business dealings with, or participation in promotions of third parties found on the Site, including payment and delivery of related goods or services, copyright clearance and royalty payments, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that XanEdu shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or participation or as the result of the presence of such third parties on the Site or related products and services. Any User providing Site Content is responsible for ensuring that material submitted for inclusion on the Site complies with international and US federal law and XanEdu accepts no responsibility whatsoever in connection with or arising from Site Content provided by any User. XanEdu is not responsible for any third party content or error, omission or inaccuracy.
USER CODE OF CONDUCT
While you are on the Site, whether or not participating in Forums, you agree NOT to:
- Upload, or otherwise make available on the Site, any Site Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Manipulate identifiers in order to disguise the origin of any Site Content available through or posted on our Site;
- Upload or otherwise make available any Site Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
- Upload or otherwise make available any Site Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Upload or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation;
- Upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware equipment;
- Disrupt the normal flow of products and services or otherwise act in a manner that negatively affects other users' ability to engage in real time use of the products and services;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of affiliate or networks connected to the Site;
- Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
- Provide material, support or resources (or to conceal or disguise the nature, location, source, or ownership of material, support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- Harass another;
- Collect or store personal data about other users;
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of any of our Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service or any of our web sites;
- "Frame" or "mirror" any content available through the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Site; or
- Harvest or collect information about Users of the Site.
RETURNS AND REFUNDS
XanEdu only accepts returns on products that are misprinted or damaged in shipping and that are returned within 30 days of product purchase. In all other instances, no refund will be made to you regardless of whether you ship the product back to XanEdu; this is due to the personalized nature of the product. XanEdu reserves the right to issue either a product replacement or a refund in the event of a product misprint. If you purchase a voucher that includes international shipping costs and later specify a domestic shipping destination during the checkout process, XanEdu will not issue a refund for the incremental difference between the cost of the domestic voucher and the cost of the international voucher. For any voucher that is not redeemed prior to the expiration date listed on your voucher confirmation, XanEdu will create and send a standard book to fulfill your order and therefore shall not provide refunds in such instances. XanEdu will send you a reminder to your email address on record prior to the expiration of your voucher. XanEdu reserves the right to change the expiration date at any time.
THE SITE, AND ANY SITE CONTENT, PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XANEDU, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY SITE CONTENT OR OTHER INFORMATION AVAILABLE THROUGH THE SITE.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON AND ON INFORMATION CONTAINED THEREIN. NO OPINION, ADVICE, OR STATEMENT OF XANEDU OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE SITE CONTENT, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL XANEDU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (A) ERRORS, MISTAKES, INACCURACIES OR INFRINGEMENT OF SITE CONTENT, OR (B) YOUR ACCESS TO AND USE OF THE SITE OR FAILURE OF USE OF THE SITE, OR (C) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, IN ANY CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XANEDU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND PRODUCTS AND SERVICES PROVIDED THROUGH THE SITE IS TO STOP USING THE SITE AND SUCH PRODUCTS AND SERVICES.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, affiliates and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of any provision of the User Agreement; (b) your use of or access to the Site; or (c) your violation of the rights of any third party, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Site Content provided by you caused damage to a third party or otherwise arising out of any Site Content provided by you. This defense and indemnification obligation will survive this User Agreement and your use of the Site.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by XanEdu infringe your copyright or that of another party, you may send us a notice requesting that the material be removed, or access to it blocked. The notice should include all of the information specified below.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Please send this information to XanEdu at email@example.com.
Please note that we cannot take any action until we have collected all of the information specified above. Please note that this procedure is exclusively for notifying XanEdu that your copyrighted material has been infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. All notices and counter-notices with respect to our Site should be sent to firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
STATEMENT UNDER PART C OF TITLE 1 (20 U.S.C. 1015) SECTION 133
XanEdu represents that its course pack pricing is consistent among all users, including campus bookstores on or associated with institutions of higher education, instructors, students and the general public.
email@example.com or call 800-218-5971, Option 4 for additional assistance.