Course Report Terms of Service ("Agreement")

LAST UPDATED: MAY 7, 2020

These Terms of Service (“Terms of Service”) govern your use of www.coursereport.com (the “Site") operated by Course Guide, Inc. ("us", "we", "our", or “Course Guide”). Please read these Terms of Service carefully before using the Site. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined herein. If you do not accept these Terms of Service, then you may not use the Site.

1. What Course Guide does. Course Guide provides and operates the Site which is the leading authority on immersive technology education. We conduct in-depth research on the industry, track trends in coding education, guide future bootcampers in choosing the right programs for their needs, share alumni stories, produce a monthly podcast, and host thousands of reviews of coding courses.

2. User Generated Content

2.1 Public Forums and Use Restrictions. We may, from time to time, make messaging services, chat services, bulletin boards, message boards, reviews, other forums and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you will not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, pedophilic, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree to keep secure and confidential your account password or any identification we provide you which allows access to the Site and you will provide us with whatever proof of identity and other necessary verification documents as we may reasonably request. You alone are responsible for the content and consequences of any of your activities on the Site.

2.2 Additional Restrictions. Further, except as specifically permitted herein, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Site in any unauthorized manner; (ii) use the Site in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Site, or any part thereof in any form or manner or by any means; (iv) harvest or scrape any content or data from the Site; (v) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Site; (vi) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Site (except as and only to the extent any foregoing restriction is prohibited by applicable law); (vii) use any means to discover the source code of any portion of the Site; (viii) otherwise circumvent any functionality that controls access to or otherwise protects the Site; or (ix) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of Course Guide and its licensors. If you breach these restrictions, you may be subject to damages.

2.3 Private or Sensitive Information on Public Forums. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.

3. Privacy Policy. Our practices regarding privacy in operating the Site are described in our Privacy Policy. Our Privacy Policy describes how we treat personal information received about you when you visit our Site such as the collection and use of the personal information you provide. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. Our Privacy Policy can be accessed here: https://www.coursereport.com/privacy-policy.

4. Feedback and Revisions. You do not acquire any rights or licenses under any of Course Guide’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Service. Any and all: (i) suggestions for correction, change and modification to the Site and other feedback (including but not limited to quotations of written or oral feedback), information and reports you provide to Course Guide; and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Course Guide or otherwise relating to the Site , are and will remain the property of Course Guide.

5. Links to Other Sites. Our Site may contain links to third-party sites that we do not own or control. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

6. Intellectual Property. The Site and its respective content, including its “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials accessed through or on the Site, including all right, title and interest in the same (including any and all patent, copyright, trade secret, trademark, know-how and any other intellectual property rights therein), is owned by Course Guide and its licensors, and are protected under intellectual property, copyright, trademark and other laws. You agree not to take any action(s) inconsistent with such ownership interests.

7. WARRANTY DISCLAIMER. THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COURSE GUIDE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

8. LIMITATION OF LIABILITY. IN NO EVENT SHALL COURSE GUIDE, ANY OF ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100).

9. General Provisions.

9.1 Termination. We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination will not limit any of our other rights or remedies at law or in equity.

9.2 Injunction Relief. You agree that a breach of these Terms of Service will cause irreparable injury to Course Guide for which monetary damages would not be an adequate remedy and Course Guide shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

9.3 Notices. We may give notice to you by means of a general notice on the Site, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to hello@coursereport.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.

9.4 Miscellaneous. These Terms of Service constitute the entire agreement of you and Course Guide with respect to the subject matter hereof, and all prior or contemporaneous understandings or agreements, whether written or oral, between you and Course Guide with respect to such subject matter are hereby superseded in their entirety. These Terms of Service may not be modified except by a writing executed by the duly-authorized representatives of Course Guide. No other act, document, usage or custom will be deemed to modify or amend these Terms of Service. These Terms of Service will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Service and the licenses granted hereunder may be assigned by Course Guide but may not be assigned by you without the prior express written consent of Course Guide. Any attempt by you to assign these Terms of Service without the written consent of Course Guide shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Service will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Service due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Service but are for convenience only.

9.5 Governing Law. These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New York, United States, without giving effect to any principles of conflicts of law.

9.6 Modifications. We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Please review these Terms of Service periodically for changes. If you do not agree to any of these Terms of Service or any changes to these Terms of Service, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

9.7 Contact. If you have any questions about these Terms of Service, please contact us at hello@coursereport.com.

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