Terms of Service

Last Update: August 26, 2013

PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS OF USE") CAREFULLY BEFORE ACCESSING OR PARTICIPATING IN ANY CHATROOM, NEWSGROUP, BULLETIN BOARD, MAILING LIST, WEBSITE, TRANSACTION OR OTHER ON-LINE FORUM, COURSE, OR SERVICE MADE AVAILABLE BY Interactive PE, LLC ("Interactive PE") AT ENTRY-POINT URL (http://www.interactivepe.com) AND ITS RELATED WEBSITES ("SITE" OR "SITES"). BY USING AND PARTICIPATING IN THE SITES, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND AGREE THAT THE TERMS OF USE CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND INTERACTIVE PE, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS THE SITES.
 
Age Restrictions
Registration and participation on the Sites is restricted to those individuals over 18 years of age, emancipated minors, or those who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Sites, you hereby represent that you are over 18 years of age, an emancipated minor or in possession of consent by a legal parent or guardian and have the authority to enter into the terms herein. In any case, you affirm that you are over the age of 13 as the Site is not intended for children under 13. If you are under 13 years of age, do not use the Sites. In addition, those who wish to register and participate must meet the minimum requirements laid out in the Terms of Use (this document) and abide by the Honor Code herein. In addition, certain Courses may have additional eligibility requirements, as specified on the Course website. If you do not qualify or do not agree to these terms, you may not use the Site.
 
Right of Modification
We reserve the right to change or modify the Terms of Use at our sole discretion at any time. Any change or modification to the Terms of Use will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Sites after publication of such modifications, with or without notification, constitutes binding acceptance of these modified Terms of Use.
 
Disclaimer
Sites may include forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the User Content (as defined below) on these Sites, nor any links to other websites, are screened, moderated, approved, reviewed or endorsed by Interactive PE or its participating institutions. By posting to or viewing such forums, you agree that Interactive PE and any of its participating institutions are not responsible or liable for the content of any postings therein. Interactive PE reserves the right (but not the obligation) to remove any content from such forums in its discretion.
 
Rules for Online Conduct
You agree to use the Sites in accordance with all applicable laws. You further agree that you will not e-mail or post any of the following content ("Prohibited Content") anywhere on the Site, or on any other Interactive PE computing resources:


Although Interactive PE does not routinely screen or monitor content posted by users to the Site, Interactive PE reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.
 
Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.
 
In addition, as a condition of accessing the Sites, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites other than as expressly allowed under these Terms of Use; (b) use Interactive PE's name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Sites (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Sites, place pop-up windows over its pages or otherwise affect the display of its page; or (e) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
 
Finally, you agree that you will not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Sites.
 
User Accounts
In order to fully participate in all Site activities, you must register for a personal account on the Site (a "User Account") by providing an email address and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.
 
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and location. Additional information may be required to confirm your identity. You represent that all information provided by you is accurate, current and complete and you agree that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites.
 
Privacy Policy
You understand that any personal information you submit to Interactive PE on the Sites will be treated by Interactive PE in the manner described in the Privacy Policy.
 
Online Course and Certifications
The Sites will, from time to time, offer online courses in a specific area of study or on a particular topic (an "Online Course"). Interactive PE and the instructors of the Online Courses reserve the right to cancel, interrupt or reschedule any Online Course or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress. Online Courses offered are subject to the Disclaimer of Warranties / Limitation of Liabilities section below.
 
For some courses, subject to your satisfactory performance in the Online Course as determined in the sole discretion of the instructors, you may be awarded a statement acknowledging your completion of the class ("Statement of Accomplishment"). This Statement of Accomplishment, if provided to you, would be from Interactive PE. Interactive PE offers the right to offer or not offer any such Statement of Accomplishment for a class. You acknowledge that the Statement of Accomplishment, and Interactive PE's Online Courses, may not convey academic credit if not accepted by the student's school of home enrollment. The format of the Statement of Accomplishment will be determined at the discretion of Interactive PE and the instructors, and may vary by class in terms of formatting, e.g., whether or not it reports your detailed scores or grades in the class, and in other ways.
 
Disclaimer of Student-Interactive PE Relationship
You agree and acknowledge that nothing in these Terms of Use or otherwise with respect to your access or use of any Online Course or Site (a) establishes any relationship between you and any other educational institution with which Interctive PE may be affiliated, (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution, or (c) entitles you to access or use the resources of any other educational institution beyond the Online Courses provided by the Sites.
 
Permission to Use Materials
All content or other materials available on the Sites, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files and other content are the property of Interactive PE and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under the United States and foreign laws. In consideration for your agreement to the terms and conditions contained here, Interactive PE grants you a personal, non-exclusive, non-transferable license to access and use the Sites during the period of the Course as published in the course description. You may download material from the Sites only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material, nor may you modify or create derivatives works of the material. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you.
 
In connection with your participation in an Online Course, you may have the ability to access or download content or other course-related materials provided by other Users taking the course. While Interactive PE requires Users to comply with the Interactive PE Terms of Service in providing User Content, Interactive PE cannot guarantee that any such User Content will be free of viruses, worms, back doors, Trojan horses or other contaminants which may harm your computer, tablet, hand-held device or any programs or files therein. Interactive PE disclaims any responsibility or liability relating to your access or download of such User Content. Accordingly, Interactive PE recommends that you only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants.
 
User Material Submission
The Sites may provide you with the ability to upload certain information, text, or materials, including without limitation, any information, text or materials you post on the Sites' public forums such as the wiki or the discussion forums ("User Content"). With respect to User Content you submit or otherwise make available in connection with your use of the Site, and subject to the Privacy Policy, you grant Interactive PE and the Participating Institutions a fully transferable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, sublicense, reproduce, modify, adapt, publicly perform and publicly display such User Content. To the extent that you provide User Content, you represent and warrant to Interactive PE that (a) you have all necessary rights, licenses and/or clearances to provide and use User Content and permit Interactive PE to use such User Content as provided above; (b) such User Content is accurate and reasonably complete; (c) as between you and Interactive PE, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content and (d) such User Content does not and will not infringe or misappropriate any third party rights (including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights) or constitute a fraudulent statement or misrepresentation or unfair business practice.
 
The Sites may also provide you with ability to upload or send information to Interactive PE regarding the Sites or related services ("Feedback"). By submitting the Feedback, you hereby grant Interactive PE and the Participating Institutions an irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform and publicly display any such submission.
 
Links to Other Sites
The Sites may include hyperlinks to sites maintained or controlled by others. Interactive PE is not responsible for nor do we routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites.
 
Online Education Research
Records of your participation in Online Courses may be used for researching online education. In the interests of this research, you may be exposed to slight variations in the course materials that will not substantially alter your learning experience. All research findings will be reported at the aggregate level and will not expose your personal identity.
 
Fees and Taxes
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated in a timely manner with a payment accepted by the Site. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Interactive PE reserves the right to change the fees at any time in its sole discretion. Any change, update, or modification will be effective immediately upon posting on our Site.
 
Refund Policy
If you elect to cancel your participation in a course, Interactive PE will offer you a complete refund up until two weeks after the first day for the course. After that, if you are unable to complete the course, you will be given a course coupon valid for one year from the end date of the course. This coupon will only be valid for a future offering of the exact same course. However, please be aware that Interactive PE cannot provide guarantees for class repeat schedules.
 
If you are found to be in violation of Interactive PE Honor Code and academic integrity policies or Terms of Service, you will not be issued a refund or coupon.
 
To request a refund, please contact us.
 
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
 
Choice of Law/Forum Selection
Sites are managed by Interactive PE, located in Hamilton County, Indiana. You agree that any dispute arising out of or relating to these Terms of Use or any content posted to a Site, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Indiana, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Hamilton County, Indiana as the legal forum for any such dispute.
 
Excluding claims for injunctive or other equitable relief, for claims related to the Interactive PE Sites where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either Interactive PE or You may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by You and Interactive PE. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, online, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
 
Disclaimer of Warranty / Limitation of Liabilities
THE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Interactive PE AND THEIR INSTRUCTORS AND THEIR STAFF (THE "Interactive PE" Parties) DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY ONLINE COURSE, SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. THE Interactive PE PARTIES DO NOT WARRANT THAT SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE Interactive PE PARTIES DO NOT WARRANT THAT (A) THE ONLINE COURSES OR SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE ONLINE COURSES OR SITES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE ONLINE COURSES OR SITES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE ONLINE COURSES OR SITES WILL BE CORRECTED. NONE OF THE Coursera PARTIES MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITES, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE ONLINE COURSES AND SITES MAY BE IMPAIRED. THE Interactive PE PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE ONLINE COURSES OR SITES OR ANY INFORMATION OR SERVICES RELATED TO THEM.
 
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE ONLINE COURSES AND SITES OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.
 
EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT THE Interactive PE PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE AN ONLINE COURSE, SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH AN ONLINE COURSE OR SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE ONLINE COURSES OR SITES.
 
EXCEPT AS PROHIBITED BY LAW, THE Interactive PE PARTIES WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE ANY ONLINE COURSE OR SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY ONLINE COURSE OR SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. Interactive PE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER'S USE OF THE Interctive PE SITES WILL NOT EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY Interactive PE FROM THE USER FOR THE USE OF THE Interactive PE SITES DURING THE PAST 12 MONTHS OF USE, WHICHEVER IS GREATER.
 
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE Interactive PE PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO Interactive PE's ABILITY TO MAKE THE Interactive PE SITES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
 
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE Coursera SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
 
Copyright Policy
The Digital Millennium Copyright Act (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 on the Interactive PE Sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
 
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Interctive PE to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 
Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to:
 
Copyright Agent
Interactive PE
14059 Old MIll Circle
Carmel, IN 46032
(317) 523 6940
 
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
 
Indemnification
You agree to indemnify, defend and hold harmless Interactive PE and the Participating Institutions, their respective subsidiaries and affiliates, and each of their respective officers, directors, agents, employees, and assignees, from any and all claims, liabilities, expenses and damages, including reasonable attorneys' fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Sites or Online Course in violation of the Terms of Use; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available on the Sites or through the Online Course, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
 
Termination Rights
 
You agree that Interactive PE, at their sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason and that Interactive PE shall not have any liability to you for any such action.
 
Effective as of 20 August, 2013.