Welcome to www.CourseHero.com (the “Service”), which is owned and operated by Course Hero, Inc., a Delaware corporation (“Course Hero”). By using the Service, you agree to comply with and be legally bound by these terms and conditions and any related rules, policies or disclaimers with respect to the Service (collectively, the “Terms”).
PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IF you do not accept the Terms, do not use the SERVICE. Your use of the Service WILL SIGNIFY YOUR acceptance of the Terms from that point onwards.
Course Hero may change, revise, amend or modify the Terms at any time (the “Additional Terms”), which shall be automatically effective upon their posting to the Service. Your continued use of the Service will signify your acceptance of the Additional Terms. If you do not accept the Additional Terms, your sole and exclusive remedy is to discontinue your use of the Service.
1. Definitions. For purposes of the Terms: (i) “User,” “you” and “your” means an individual or entity that creates an account on the Service.; (ii) “we,” “us” and “our” means Course Hero; (iii) “Post means any Content posted, uploaded and otherwise provided to the Service by a User; (iv) “Customer” means the User that prepares a Question; (v) “Expert” refers to the individual or entity that prepares an Answer; (vi) “Answer” means any material communicated by or on behalf of an Expert to a Customer on the Service; and (vii) “Question” means any material communicated by or on behalf of a User to an Expert on the Service.
2. Terms and Conditions. By using the Service, you acknowledge the following:
2.1 Third-Party Content. The Service is only an Internet-based venue for informational and educational purposes. The Users, not Course Hero, provide the Service with content in the form of text, files, images, photos, works of authorship, Questions, Answers and any other material or information that is uploaded to, posted to or otherwise communicated by Users on the Service (collectively, “Content”). Course Hero does not provide any Content, and is not liable for any Content.
2.2 Experts Not Employee. Experts are not employees or agents of Course Hero. Experts elect whether to provide the Question at their own discretion. Course Hero solely facilitates the transaction between the Customer and the Expert. Course Hero is not involved in the conversation between Customers and Experts and does not refer Customers to or endorse or recommend particular Experts. Course Hero cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of the questions. Course Hero does not provide any Answers and is not liable for any acts or omissions of Experts, Answers or the ability of Experts to provide Answers. We cannot ensure that an Expert will complete a transaction. Emergency questions and crisis situation (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g., in the U.S., call 911). The Service is not the appropriate venue to deal with such Questions or situations.
2.4 Content Not Private or Confidential; Anonymity. Content is not private or confidential and may be read, collected, and used by others. To better protect your privacy, do not include information regarding your identity or contact information in Content that you post or upload to the Service.
2.5 Information Not Advice; No Client-Professional Relationship. Answers on this Service are to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional advice. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions. Communications facilitated by the Service do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections. Communications on this Service are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
2.6 Informed Consent. You represent and warrant that you have read and understood the Terms in their entirety.
3. User Accounts
3.1 User Accounts; Restricted Activities; Suspension or Termination of Service. When you register as a User on the Service, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Course Hero of any unauthorized use of your password or account. You should only create one account on the Service. If any Course Hero account of yours has been suspended or terminated, you may not open another account on the Service. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Course Hero accounts. Any content you provide on the Service and your use of our Service shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (Course Hero strictly follows DMCA guidelines for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state, or local law, statute, ordinance, regulation or ethical code, including the rules and regulations of your educational institution; (d) be competitive with Course Hero or the Service (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Service without Course Hero's prior written consent. You are prohibited from soliciting Users of this Service, including Experts, for any purpose (including inviting other Users to contact you off of the Service or inviting Users to participate in a website that competes with Course Hero or the Service or charges money to receive answers or to communicate with purported Experts or specialists). You can cancel any ongoing billing by selecting the "Stop Recurring Payment" option under the Account Settings section of the User Dashboard of the Service. For any questions, please email us at billing@coursehero.com. Cancellations will be effective within 7 business days. All debts and fees must be paid before cancellation can take effect. Termination of your account does not affect your liability or obligations under the Terms. At any time, without notice, for any or no reason, Course Hero reserves the right to refuse service to anyone, to modify or discontinue any portion or all of the Service, and to suspend or terminate Users’ accounts.
3.2 Homework Help Fees, Deposits and Refunds. You select the price that you are willing to pay for an Answer. To honor the time Experts spend helping you, your payment is automatically completed when Course Hero sends an Answer on behalf of an Expert via email to the email address you provide in your basic account creation on CourseHero.com. Deposits are always refundable. Deposits do not accrue interest. Upon payment for an Answer, you have no right to a refund. Your payment is automatically processed when Course Hero posts an Answer on behalf of an Expert on the Service. You have 15 days upon receipt of an Answer to ask for clarification. Course Hero maintains the right to initiate special incentive and pricing programs. These may be limited, at Course Hero’s sole discretion, to defined and limited Users or non-Users.
3.3 Paying for Access (Subscriptions). For those Users paying for access to the Service, Course Hero charges your credit card immediately upon your purchase of a subscription package and any renewal thereof. Users who pay for an annual subscription are charged $95.40 one time at the time of purchase. Users who pay for a quarterly subscription are charged $59.85 one time at the time of purchase. Users who pay for a monthly subscription are charged $39.95 at the time of purchase. All subscription packages subscriptions are renewed and charged automatically for successive periods until the User discontinues such renewal by selecting the "Stop Recurring Payment" option under his or her Account Settings. The User must follow the instructions on the page to confirm the cancellation.
3.4 Daily Downloads. The User may download Content in PDF, Word, Excel, PowerPoint or other electronic format. Course Hero limits the number of document downloads per day. The current download limit is ten (10) downloads per day of access. At the end of the day, Users will receive another 10 downloads for the next day until the expiration, termination or cancellation of a User's membership. Course Hero has the right to modify the download limit or any terms associated with document downloads at any time. Users have the option to use our My Notebook feature to organize and tag relevant documents and to view relevant documents online.
3.5 Termination of your Account. You can terminate your account at any time by contacting us at support@coursehero.com. Course Hero reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
3.6 Refunds. Each and every subscription package requires an upfront and immediate charge to your credit card depending on the subscription term that you elect to purchase. We do not provide refunds once a user has viewed at least one document as a Premier User. If your account is a recurring payment subscription, and multiple payments have occurred, under no circumstances will we refund anything but the very last payment in case of a dispute by a User. You can cancel any ongoing billing by going to your Account Settings page, selecting "Stop Recurring Payment," and following the instructions on the page to confirm your cancellation. For any billing related questions in regards to payment and refunds, please contact Customer Service at billing@coursehero.com.
3.7 Better Grades Guarantee. We will fully refund your subscription fee if you do not earn a higher GPA for the academic term during which you first subscribed to Course Hero, as compared to the academic term immediately prior to your subscription to Course Hero (the “Guarantee”). In order to be eligible for the Guarantee, (i) you must have used the Service for at least 60 days and logged in to the Service at least once per week during that period and (ii) provide us with an official copy of your transcripts for the two most recent academic terms. Upon verification that your GPA for the did not increase as compared to the prior academic term, Course Hero will immediately refund your subscription fee for the most recent academic term in full. The Guarantee is valid for six (6) months after the date of successfully registering as a paying subscriber of the Service. The Guarantee is only available to Users who created an account on the Service after January 25, 2010.
3.8 Password. When you create an account on the Service, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Course Hero immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Legal Statements
4.1 Release. Users are responsible for their acts and omissions and content placed on the Service. Because the Service is a venue, in the event that you have a dispute with one or more Users, you release Course Hero (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
4.2 Proprietary Rights in Website Content; Limited License. (a) Course Hero does not claim any ownership rights in the Content. After posting your Content to the Service, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing or otherwise posting any Content on or through the Service, you hereby grant to Course Hero a limited license to use, publicly display, read, parse, alter or rearrange, reproduce, sell and distribute such Content solely on and through the Service.
(b) The license you grant to Course Hero is non-exclusive (meaning you are free to license your Content to anyone else in addition to Course Hero), fully-paid and royalty-free (meaning that Course Hero is not required to pay you for the use on the Service of the Content that you post), sublicensable (so that Course Hero is able to use its affiliates, publishing partners and subcontractors such as Internet content delivery networks to provide the Service), and worldwide (because the Internet and the Service are global in reach). This license will terminate at the time you remove your Content from the Service and you pay the prevailing subscription price for the period of free membership obtained from such and any other content contribution. YOU REPRESENT AND WARRANT THAT (i) YOU OWN THE CONTENT POSTED BY YOU ON OR THROUGH THE SERVICE OR OTHERWISE HAVE THE RIGHT TO GRANT THE LICENSE SET FORTH IN THIS SECTION, AND (ii) THE POSTING OF YOUR CONTENT ON OR THROUGH THE SERVICE DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, CONTRACT RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON. YOU FURTHER REPRESENT AND WARRANT THAT THE CONTENT POSTED BY YOU IS (i) YOUR OWN UNIQUE PRESENTATION, ORGANIZATION AND INTERPRETATION OF COMMONLY AVAILABLE FACTS; (ii) NOT A VERBATIM TRANSCRIPTION OF MATERIAL WRITTEN OR PRESENTED BY ANY UNIVERSITY EMPLOYEE; AND (iii) OTHERWISE FREE FROM COPYRIGHT. YOU AGREE TO PAY FOR ALL ROYALTIES, FEES, AND ANY OTHER MONIES OWING ANY PERSON BY REASON OF ANY CONTENT POSTED BY YOU TO OR THROUGH THE SERVICE.
(c) The Service contains Content of Course Hero (the “Company Content”). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and Course Hero owns and retains all rights in Course Hero Content and the Service. Course Hero hereby grants you a limited, revocable, non-sublicensable license to reproduce and display Course Hero Content (excluding any software code) solely for your personal use in connection with viewing the Service.
(d) The Service contains Content of Users and other Company licensors. Except for Content posted by you, you may not modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service except in connection with your use of the Service unless approved in writing by Course Hero. You understand and agree that monetary damages may be inadequate to compensate Course Hero for your breach or prospective breach of the preceding sentence. Accordingly, without prejudice to the other rights and remedies otherwise available to Course Hero, you agree and acknowledge that Course Hero shall be entitled to equitable relief, including injunctive relief and specific performance, for any such breach or prospective breach.
4.3 Copyright Policy; Notice of Infringement. (a) You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others except in connection with your use of the Service without obtaining the prior written consent of the owner of such proprietary rights. It is Course Hero's policy to respond to clear notices of alleged copyright infringement.
(b) Course Hero will remove or disable access to material claimed to be the subject of infringing activity and/or terminating users in DMCA-compliant takedown requests. If Course Hero removes or disables access in response to such a notice, Course Hero will make a good-faith attempt to contact the provider of the allegedly infringing material so that they may make a counter notification. Course Hero has adopted and implemented a repeat infringer policy whereby Course Hero terminates that account of users who receive more than two counts of infringement.
(c) To file a notice of copyright infringement with Course Hero, you will need to provide a written communication that sets forth the items specified below. Pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act (the “DMCA”), please use the following format (including section numbers):
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site” as required by 17 U.S.C. § 512(c)(3)(A)(ii).
2. Information reasonably sufficient to permit the service provider to locate the material as required by 17 U.S.C. § 512(c)(3)(A)(iii), preferably the URL of the allegedly infringing content. Please provide the specific document URL (i.e., not school, department or course URL) of the work.
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted, as required by 17 U.S.C. § 512(c)(3)(A)(iv). (email address is preferred).
4. A statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law” as required by 17 U.S.C. § 512(c)(3)(A)(v)
5. A statement that the information in your letter is accurate, and under penalty of perjury, that you are “authorized to act on behalf of the owner of an exclusive right” as required by 17 U.S.C. § 512(c)(3)(A)(vi).
6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” as required by 17 U.S.C. § 512(c)(3)(A)(i).
7. Send the written communication to:
Course Hero, Inc.
Attn:
DMCA Complaints
805 Veterans Blvd, Suite 109
Redwood City,
CA 94089
Fax:
(408) 716-3204
Email:
dmca@coursehero.com
4.4 Content Posted. (a) Course Hero may delete and/or alter any Content that in the sole judgment of Course Hero violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Course Hero assumes no responsibility for monitoring the Service for inappropriate Content or conduct. If at any time Course Hero chooses, in its sole discretion, to monitor the Service, Course Hero nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Course Hero has the right to delete any content at any time for any reason or no reason at all.
(b) You are solely responsible for the Content that you post on or through the Service. Course Hero does not endorse and has no control over the Content. Content is not necessarily reviewed by Course Hero prior to posting and does not necessarily reflect the opinions or policies of Course Hero. Course Hero makes no warranties, express or implied, as to the Content.
4.5 Eligibility. Use of the Service is void where prohibited. By using the Service, you represent and warrant that (i) all registration information you submit is truthful and accurate, (ii) you will maintain the accuracy of such information, and (iii) your use of the Service does not violate any applicable law or regulation.
4.6 Term. This Agreement shall remain in full force and effect while you use the Service. Course Hero may terminate your account at any time, without warning.
4.7 Privacy. Use of the Service is also governed by Course Hero's Privacy Policy, which is incorporated into this Agreement by this reference.
4.8 Disclaimers. Course Hero is not responsible for any incorrect or inaccurate Content posted on or otherwise communicated in connection with the Service, whether caused by Users of the Service or by any of the equipment or programming associated with or utilized in the Service. Profiles created and posted by Users on the Service may contain links to other websites. Course Hero is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Course Hero. Inclusion of any linked website on the Service does not imply approval or endorsement of the linked website by Course Hero. When you access these third-party sites, you do so at your own risk. Course Hero takes no responsibility for third party advertisements, which are posted on or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers. Course Hero is not responsible for the conduct, whether online or offline, of any User of the Service. Course Hero assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Course Hero is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Course Hero be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, attendance at a Company event, from any Content posted on or through the Service, or from the conduct of any Users of the Service, whether online or offline. The Service are provided “AS-IS” and as available and Course Hero expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Course Hero cannot guarantee and does not promise any specific results from use of the Service.
4.9 Information Control and Storage. We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Service. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Service, you agree to accept such risks and that Course Hero is not responsible for the acts or omissions of Users on the Service. The amount of storage space per User is currently limited. You agree that Course Hero is not responsible or liable for the deletion or failure to store content and/or other information.
4.10 Exclusion of Warranties. COURSE HERO SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. COURSE HERO DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COURSE HERO DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, COURSE HERO’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES WILL COURSE HERO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SERVICE IS AT USERS’ SOLE RISK.
4.11 Limitation of Liabilities. IN NO EVENT SHALL COURSE HERO, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SERVICE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SERVICE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO COURSE HERO IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. You and Course Hero agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users’ responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
4.12 Indemnity. You agree to indemnify and hold Course Hero, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on or through the Service causes Course Hero to be liable to another.
4.13 Choice of Law and Forum. (a) The Terms shall be governed by, and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions.
(b) All disputes, claims and controversies, of any sort or nature, between the parties, arising out of the use of the Service (“Dispute”), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the user’s email address on file with Course Hero, or (b) Course Hero Corp., 805 Veterans Blvd, Suite 109, Redwood City CA 94063 or legal@coursehero.com, whichever is applicable (“Dispute Notification”); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Online Mediation for Small Claims with the American Arbitration Association (“AAA”) (or Request for Mediation for the minimum of 4 hours only if the Small Claims limit is exceeded), available online at http://www.aaamediation.com/, with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties, which cost is currently set at $50 but may be changed by AAA; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AAA, see http://www.adr.org/fileacase, in which case the Dispute shall be resolved by binding arbitration, with the cost of the arbitration to be born equally by the parties, unless otherwise ordered by the arbitrator(s), and with the decision of the arbitrator(s) to be enforceable in any court of competent jurisdiction.
(c) The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of Users or otherwise asserting claims on behalf of a class (“Waiver”). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the Santa Clara County, California courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections.
4.14 Agreement; Miscellaneous. The Terms constitute the entire agreement between you and Course Hero and supersede any and all prior or contemporaneous agreements, oral or written, and any other communications, representations, warranties and understandings relating to the subject matter of the Terms. If there is a conflict between any oral or written representation of any Course Hero' employee or agent and the Terms (other than modifications to the Terms executed in writing by an authorized representative of Course Hero), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, these Terms of Use will prevail. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Course Hero’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Course Hero’s right to exercise or enforce the Terms as to the same or another instance. Headings in the Terms are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms. You may not assign the Terms to any other party. Course Hero shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by Course Hero. No delay or omission on the part of Course Hero in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
Last updated: February 14, 2011