College Sidekick Service Terms
Last Updated Date : 14th Feb, 2024
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING SERVICE TERMS (THE “SERVICE TERMS”). YOUR USE OF AND ACCESS TO OUR SERVICES IS GOVERNED BY THESE SERVICE TERMS AND THE LEARNEO TERMS OF SERVICES AVAILABLE HERE(THE “LEARNEO TERMS OF SERVICE”) (COLLECTIVELY, AS AMENDED FROM TIME TO TIME, THE “TERMS”). BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THE TERMS (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS CONTAINED HEREIN) AND ACCEPT ALL OF THEM. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. IF YOU BECOME A PAID SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT TAKE CERTAIN STEPS. SEE SECTION 3 FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.
IN THE EVENT OF A CONFLICT BETWEEN THESE SERVICE TERMS AND THE LEARNEO TERMS OF SERVICE, THESE SERVICE TERMS SHALL GOVERN.
1. INTRODUCTION AND GENERAL TERMS
Welcome to College Sidekick, a Learneo, Inc. (“Learneo”) service. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these Service Terms or the Services, please contact us at firstname.lastname@example.org or Learneo, Inc., 2000 Seaport Blvd., 3rd Floor, Redwood City, CA 94063.
For the purposes of these Service Terms, “User” means anyone who accesses our Services.
Please be advised: the Terms contain provisions that govern how claims that you and Learneo have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against Learneo to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.
Will the Terms ever change?
We are constantly trying to improve our Services, so the Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the College Sidekick website and/or by some other means.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of the Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
2. WHAT ARE THE BASICS OF USING COLLEGE SIDEKICK(APPLICABLE TO ALL USERS)?
Residency and Age The Children's Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com
You represent and warrant that you are of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to the Terms on your behalf). If you're agreeing to the Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to the Terms on that organization or entity's behalf and bind them to the Terms, in which case the references to “you” or “your” or the like other than in this sentence, refer to such organization or entity. If you are a parent, guardian, or other person who enables a child under the age of 13 to access the Services, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. The Services are intended for use by you only if you are 13 years of age or older.
You will only use the Services for your own personal use (and not on behalf of or for the benefit of any third party), and only in a manner that complies with all laws, rules (government, school, or otherwise), and regulations (collectively “Applicable Laws”) that apply to you. You may not resell or make any commercial use of the Services or any Content (defined below) therein. Any Content you access through the Services is licensed, not sold to you, regardless of the use of the term “purchase” herein. “Content” means the materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, course materials, class notes, flash cards, and so forth. “Submissions” means any Content you or another user posts, uploads, shares, stores, or otherwise provides through the Services by means of taking these actions on collegesidekick.com and/or coursehero.com.
If your use of the Services is prohibited by Applicable Laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks any Applicable Laws.
We are not responsible for Content
We are not responsible for editing, modifying, filtering, screening, monitoring, endorsing or guaranteeing any Content. We are not liable for any acts or omissions of users on College Sidekick or Coursehero.com. Content is to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional advice.
Protection of Content
The Content is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Learneo's) rights.
We reserve the right to remove content that violates the Terms, which includes our policies and guidelines. For instance, we use automated systems to identify and filter out certain content that violates our policies or guidelines. If the system does not detect any obvious signs of a violation, the respective content will be available online. Additionally, alongside our automated systems, to the extent there is human review of Content uploaded by users on our Services that contains obvious signs of a violation, we will disable access to that content at our own initiative. Further, our human review team reviews any content that is reported to us for violations of the Terms or under applicable law.
College Sidekick uses machine learning algorithms to recommend Content (including other Users’ Submissions), such as related documents, questions and answers, and courses, to Users to help them study better. These recommendations are based on Users’ use of the Services, including engagement Content and data about the Content, including the school and/or course it is tagged to. For example, recommendations may be based on, e.g., the Content’s engagement data, subject agreement between Content, semantic or text matching between Content, or the newness of Content. This information helps Users find the most relevant Content related to their search. College Sidekick may change how it recommends Content to Users. See the “Will the Terms ever change?” section for more information.
What are the rights and obligations to my Submissions?
We want you to know the following regarding your Submissions:
- a. Your Submissions are not private. Submissions are not private or confidential and may be read, collected, and used publicly by others. To better protect your privacy, do not include information regarding your identity or contact information in Submissions that you post or upload to the Services. Submissions made to the Services may be posted on our platform or any other website owned by us.
- b. You are responsible for your Submissions. You are fully responsible for all Submissions you contribute, in any manner, to the Services, and for the accuracy of the same, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it, and that College Sidekick shall not need to obtain any licenses, rights, consents, or permissions from or make any payments to, any third party for any use or exploitation of your Submissions in any and all media, whether now known or hereafter created, or have any liability to you or any third party as a result of any use of your Submissions as authorized in the Terms. For more information, please see our Honor Code.
- c. As between us and you, you are the owner of your Submissions.College Sidekick does not claim any ownership rights in your Submissions. After submitting your Submissions to the Service, you continue to retain all ownership rights in such Submissions, subject to the licenses granted below, and you continue to have the right to use your Submissions in any way you choose.
- d. Waiver of Personality Rights. In relation to Submissions which you consent for us to use for marketing purposes, you hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Submissions, or any portion thereof, as authorized by the Terms in connection with the Services, or of your name, personality, likeness, image, or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling your Submissions, or any advertising or publicity relating thereto.
You understand that Learneo owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply – they do!
Connectivity Costs and Equipment
You are responsible for all service, internet and/or other fees and costs associated with your access to and use of the Services, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all equipment required for such access and use.
You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Learneo);
- Violates any Applicable Law;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services or Content (through use of manual or automated means);
- Introduces any viruses, Trojan horses, or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any part of the Services;
- Copies or stores any significant portion of the Content; or
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Do I have to grant any licenses to College Sidekick or to other Users?
In order to display, store, publish, distribute, and provide Users with access to your Submissions on the Services, you grant us certain rights in those Submissions.
You hereby grant Learneo and our affiliates, licensees, agents, representatives, and other entities or individuals authorized by us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable, and fully transferable license to translate, modify, store, edit, display, perform, reproduce, distribute, and otherwise act with respect to such Submissions, in each case to enable us to operate the Services, as described in more detail below. This license enables us to provide the Services and is not intended to otherwise limit your ownership rights in your Submissions.
You also grant Learneo and its affiliates, licensees, agents, representatives and other entities or individuals authorized by Learneo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable and fully transferable license to use, access, create, share, store, maintain, publicly translate, modify, store, edit, display, perform, reproduce, copy, publish, exhibit and distribute your Submissions for the purpose of making such Submissions accessible to all Learneo Users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Submission in connection with the Services and/or otherwise in connection with the Learneo business for any purpose, to the extent and manner permitted under applicable law, including for the purpose of product and service development, marketing, analytics, quality assurance, machine learning or artificial intelligence (including for the purposes of training and tuning of algorithms and models), training, testing, improvement of the Services, software, or other products, services, and software, or any combination thereof, and as otherwise provided in this Agreement. The licenses granted to Learneo also include the right to distribute your Submissions through multiple tiers of sublicensees, including Learneo affiliates, and for such sublicensees to have all rights necessary for them to offer, deliver, market, promote, demonstrate, and sell your Submissions to other Users.
Without limiting the foregoing, you agree that your Submissions (and any personal information contained therein) may be used, published, displayed, or exhibited by us to advertise, market, sell, or otherwise promote our products, property, and services, including (without limitation) the Service.
Also, you grant all other Users of the Services a non-exclusive license to access your Submissions, and to use and exercise all rights in them, as permitted by the functionality of the Service, including reproducing such Submissions on personal devices.
You understand and agree that if you delete your account, your Submissions will remain on the Services and to the extent that they were downloaded or stored by other Users.
You understand and agree that College Sidekick, in performing the required technical steps to make your Submission accessible through the Services, may need to modify and make changes to your Submissions and the foregoing licenses include the rights to do so.
You understand that we are not required to host, display, or distribute any Submissions, and may remove any Submissions, at any time. We reserve the right to change the format, sizing, and any other display specification of the Submissions as we see fit.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Learneo, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable access to Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Policy and learn how to report potentially infringing content, click here . To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
Any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We are not responsible for which Users gain access to the Services.
Learneo has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Learneo will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
If there is a dispute between Users on this site, or between Users and any third party, you agree that Learneo is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release Learneo, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
3. OTHER IMPORTANT TERMS
Will Learneo ever change the Services?
We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges that Content was contributed to Coursehero.com and/or College Sidekick in violation of the applicable Terms), in our sole discretion, and without notice.
What are the categories of users?
We offer access to our Services as a free user or as a paid user. Free users are users who have created an account but have not purchased a subscription package. Free users will have limited and restricted access to the Services unless they purchase a subscription package or upload content for access, limited to and in accordance with the level of access described at the point of upload. Paid users are users who have created an account and have purchased a subscription package. The subscription levels, benefits, and pricing of each level of subscription may vary and are subject to change at any time, so please read the terms of any particular level of subscription before accepting and purchasing the subscription package.
Does the College Sidekick Service cost anything?
College Sidekick offers free access as well as paid access to the Services. You may use the Services as a paid user or a free user. If you decide to purchase a subscription, each and every paid subscription package requires an upfront and immediate charge to your primary payment method, depending on the subscription term that you elect to purchase. The length of the subscription and the frequency at which payment will be made will be selected by you when you subscribe to paid access. For more details on pricing, payment, refunds, and what is included in the different levels of access, please see our Frequently Asked Questions.
Does my subscription automatically renew?
If you pay for a subscription by credit or debit card (or other payment method identified on the Services as involving an automatically renewing subscription) and you do not cancel your subscription before the subscription term end date, your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected (for example, unless you cancel, a one-month subscription will automatically renew on a monthly basis). Unless otherwise indicated in any applicable additional terms or communications we send to your registered email address, such renewal will be at the same subscription fee as when you first subscribed, plus any applicable taxes, unless we notify you before the end of your current term that the subscription fee will increase. You acknowledge and agree that your payment method will be automatically charged for such subscription fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your subscription is subject to automatic renewals, and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees.
Payment must be made by credit or debit card. We accept most major credit cards and debit cards. You should be aware that online payment transactions are subject to validation checks by your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
What if I want to stop using College Sidekick?
You’re free to do that at any time by clicking the "delete account" option in your Account Settings. If you delete your account: 1) your account will be removed from the College Sidekick platform, but your Submissions will remain in accordance with these Terms (see "Do I have to grant any licenses to College Sidekick or to other Users?" section above); 2) we will not be able to provide you with Services, and you will no longer receive emails from us; and 3) you will not be able to use the email address associated with your account with College Sidekick again.
You can cancel any ongoing billing through your Account Settings section of the User Dashboard of the Service, as further detailed in the FAQ . For any questions, please email us at firstname.lastname@example.org . Cancellations will be effective immediately. Termination of your account does not affect your liability or obligations under the Terms.
All payments are final and no refunds will be issued except: (a) for those refunds issued under College Sidekick's Money Back Guarantee; (b) as otherwise provided in the Terms; (c) as required by applicable law; or (d) as otherwise described by us when a User initially purchases a subscription package. Subject to the provisions above, unused unlocks and any other unused features or parts of the Services, if applicable, expire upon the expiration or cancellation of the applicable subscription package and cannot be redeemed for cash. For any billing related questions in regards to payment, please contact Customer Service at email@example.com
What else do I need to know?
Termination. Learneo is free to terminate (or suspend access to) your use of the Services, for any reason in our discretion, including your breach of the Terms. Learneo has the sole right to decide whether you are in violation of any of the restrictions set forth in the Terms. If your account has been suspended or terminated, you may not open another account with us.
Survival of Terms. Provisions that, by their nature, should survive termination of the Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.
Warranty Disclaimer. Neither Learneo nor any of its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Any Content or Services offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Learneo or others. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL LEARNEO (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO LEARNEO IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold Learneo, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services, and (b) your violation of the Terms.
Assignment. You may not assign, delegate or transfer the Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) 's prior written consent. We may transfer, assign, or delegate the Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Service Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Service Terms (whether brought against Learneo or against any director, officer or employee of Learneo in their personal capacity) shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. ANY ARBITRATION UNDER THESE SERVICE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE SERVICE TERMS, YOU AND LEARNEO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Service Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Mateo County, California, or the Northern District of California.
Miscellaneous. If any provision of these Service Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Service Terms shall otherwise remain in full force and effect and enforceable. You and Learneo agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Learneo, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). You hereby acknowledge and agree that you are not an employee, agent, partner or joint venture of Learneo, and you do not have any authority of any kind to bind Learneo in any respect whatsoever. You and Learneo agree there are no third party beneficiaries intended under the Terms.