1. Introduction and Acceptance of Terms

Thank you for using a web site provided by 3C Institute for Social Development, Inc., dba 3C Institute, or one of its affiliates (“3C”). The term “Services” as used in these 3C Terms of Use (“Terms”) refers to the web sites, products, services, games, content, databases, software, and other technologies delivered by 3C and that link or otherwise refer to these Terms, or that are delivered through a web site or service that links or refers to these Terms.

3C is willing to provide the Services to you only on the condition that you first accept these Terms. By logging into, registering for, or using any Service, or by accepting these Terms through an “I Accept” checkbox or similar method, you agree to these Terms and you represent that you have the authority and capacity to enter into these Terms. You may also agree to these Terms by physically or electronically signing an Order (as defined below) that incorporates these Terms.

These Terms along with any Order, form a legally binding agreement between you and 3C. Please read these Terms carefully and, if you wish, print or save a copy for your records. IF YOU DISAGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SERVICES.

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE READ THESE TERMS WITH YOUR PARENT OR GUARDIAN AND ASK QUESTIONS IF YOU DON’T UNDERSTAND. Your parent or guardian must enter into these Terms on your behalf, and this parent or guardian represents that he or she accepts these Terms on your behalf.

Your use of certain Services may be subject to additional terms, rules, and guidelines, which may be presented to you for acceptance when you sign up for those Services or may otherwise be accessible through the Services (“Supplemental Terms”). These Supplemental Terms will be considered part of these Terms. In the event of any conflict between these Terms and any Supplemental Terms, the Supplemental Terms will control with respect to your use or access of the Services associated with the Supplemental Terms.

If you are accepting these Terms on behalf of another organization or entity, you represent that you are duly authorized to bind that organization or entity to these Terms. If you are accepting these Terms on behalf of an educational institution, as such a term is defined under the Family Educational Rights and Privacy Act (“FERPA”), you agree that both parties will comply with FERPA to the extent that it is applicable to the Services.

2. Orders

You may gain access to some Services through your acceptance of an online or printed order form or other ordering document that references these Terms (an “Order”). An Order may specify applicable fees, how long you are authorized to use the Service, and other terms. In the event of a conflict between these Terms and the terms of an Order (excluding these Terms), these Terms shall control except unless the Order identifies the specific provision(s) in these Terms to be varied.

3. Ownership of Services and Content

The Services are owned solely by 3C and its licensors and constitute their valuable intellectual property. You acknowledge the Services contain information, software, communications, photos, text, video, audio, graphics, animations, images, and other materials (collectively “Content”) which is provided by 3C and/or its licensors (“3C Content”). You may use the 3C Content solely in connection with your use of the Services. 3C reserves all rights in the Services and 3C Content not expressly granted to you.

Modification or use of the Services or 3C Content for any commercial purpose is a violation of 3C’s intellectual property rights.

All trademarks, service marks, trade names, logos and graphics included within the Services (“Marks”) are trademarks of 3C and its licensors. You may not use any Marks without the prior written consent of 3C.

In addition to 3C’s and its licensors’ rights in individual pieces of the 3C Content, 3C owns intellectual property rights in how the 3C Content has been selected, arranged, organized, displayed, and enhanced through the Services. You may not repurpose or reuse any 3C Content, in whole or in part, without the prior written consent of 3C.

You agree that any breach of your obligations with respect to 3C’s and its licensors’ proprietary or intellectual property rights will result in irreparable injury to 3C and its licensors for which money damages are inadequate, and you therefore agree that 3C and its licensors shall be entitled to seek injunctive relief to address such breach, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.

4. Your Right to Use the Services

During the applicable term of your subscription to use the Services if specified in an Order, 3C grants you a limited, non-exclusive, non-transferable license only to access and to use the Services for the Permitted Use (as defined below), subject to your compliance with these Terms. You may not use the Services for any other purpose, or after the end of the applicable term, or after termination of your rights to use the Services under these Terms.

“Permitted Use” means your personal noncommercial purposes, or, if the Order expressly specifies, your noncommercial educational or instructional purposes.

You shall provide, at your own expense, suitable equipment, software, and Internet access as necessary to access and use the Services.

Neither the Services nor any portion thereof may be displayed, copied, downloaded, sold, resold, used, distributed, or otherwise exploited for any commercial purpose without 3C’s prior written consent. You may not frame or utilize framing techniques to enclose any Mark or other proprietary information or Content of 3C or its licensors without 3C’s prior written consent. You may not use any meta tags or any other “hidden text” using 3C’s Marks without 3C’s prior written consent. Any unauthorized use by you of 3C’s Marks or other intellectual property automatically terminates the license granted by 3C under these Terms and your right to use the Services.

5. Copyright Infringement Claims

If you believe that one of our users is, through use of our Services, unlawfully infringing the copyright(s) in a work and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:

• the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our Services that you claim is infringing and that you request us to remove, including sufficient information to permit us to locate such material;
• your address, telephone number, and email address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), 3C’s designated agent for notice of alleged copyright infringement in connection with the Services is:

Name: Copyright Infringement Officer

Address: 2645 Meridian Parkway, Suite 350, Durham, NC 27713

Phone: 1-984-316-0406

Email: support@3cisd.com

6. Your Account and Password

Some Services require a username and password for access and use. To access these Services, unless you have received credentials from an authorized administrator of the Services, you must set up an account by creating a user name and password.

You agree to keep your login credentials confidential and that you are responsible for all activities, charges, and liabilities that occur as a result of you allowing or enabling another person or entity to use your account. You agree to immediately notify us if (a) your account information is lost or stolen or (b) you become aware of any unauthorized use of your account or of any other breach of security that might affect the Services. 3C is not responsible for any loss or damage arising from your failure to comply with the provisions of this Section.

If you are a minor, 3C reserves the right to provide access to your account to your parent, guardian or other authorized adult, upon such adult’s request.

7. Your Content and Prohibited Activities

If 3C permits you to provide Content for use on the Services (“Your Content”), you will be solely responsible for Your Content. You represent and warrant that you own or have the full right to provide Your Content and that Your Content does not infringe any third-party rights, including any intellectual property, publicity, or privacy rights.

3C does not obtain ownership of Your Content. You hereby grant 3C a royalty-free, perpetual, irrevocable, nonexclusive, sublicensable, and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in Your Content, all in connection with the Services.

3C does not adopt, endorse, or accept responsibility for Your Content or any Content provided by another user or other third party. You agree that 3C will not be liable for any loss or damage resulting from your reliance on Your Content or any third-party Content available through the Services.

3C reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove Content from the Services.

After termination of your use of any Services, except as required by applicable law, 3C does not have any obligation to destroy, return, or retain Your Content maintained through the Services; however, we will use commercially reasonable efforts to respond to any requests for access to, correction of, deletion of, or export of Your Content. It is your sole responsibility to backup and export Your Content prior to termination.

You are expressly prohibited from including in Your Content or otherwise transmitting through or posting on the Services (including in any email message or any chat or message board posting) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including without limitation, any material that encourages behavior that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law (collectively, along with the matters in the next paragraph, “Prohibited Conduct”). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that 3C is not responsible or liable to you or any other party or user of the Services for any Prohibited Conduct by you or any other party or user of the Services.

You also agree not to:

• collect or store personal data of other users of the Services without the prior, written permission of such user(s);
• directly or indirectly, disrupt or interfere with the Services in any manner that may adversely affect 3C or any user of the Services;
• upload, post, email, or otherwise transmit any material that contains software viruses or any other code, files, or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
• access (or attempt to access) any part of the Services or Content through any automated means (including use of scrapers, scripts, robots, spiders, or web crawlers), or in any way circumvent the navigational structure or presentation of the Services;
• use the Services for any phishing, trolling, or similar activities, or to redirect users to other sites or encourage users to visit other sites; or to harvest or collect email addresses or other contact information of other users of the Services by automated or other means;
• impersonate or attempt to impersonate 3C or a 3C employee, another user, or any other person or entity, or post any information that misrepresents the identity, characteristics or qualifications of you or any other person, including the use of a pseudonym, or misrepresenting current or previous positions, qualifications or affiliations with a person or entity, past or present;
• frame or mirror any part of the Services;
• use meta tags or code or other devices containing any reference to 3C or the Services in order to direct any person to any other web site or services for any purpose; or
• use the Services in a manner contrary to the educational purpose of the Services, such as by posting answers to test or assessment questions provided through the Services.

8. Fees

Some Services and associated Content may be available only if an associated fee has been paid. Unless otherwise specified in the applicable Order, all fees are payable in U.S. dollars. All fees paid are nonrefundable and non-creditable.

Unless another form of payment is specified in the Order, 3C (or its payment processor) will bill your credit or debit card for all applicable fees in advance of Service delivery. You shall provide 3C or its payment processor with accurate and complete billing information, including your name, address, telephone number, and valid card information. You acknowledge that the agreement between you and the applicable card issuer governs use of your card for payment of amounts owed to 3C, including your rights and obligations as a holder of that card.

3C will disclose the applicable payment options at the time you place your Order. You shall select a payment method to pay 3C for purchases you make for and/or from the applicable Services. 3C or 3C’s billing agent may charge your payment method for all amounts due to 3C without additional notice or consent unless otherwise required by law. 3C may, in its discretion: (1) post charges to your payment method individually, or (2) aggregate your charges with other purchases you make within the Services and apply those charges to your next billing cycle.

Except for taxes based on 3C’s net income, if any authority imposes a tax, duty, levy, or fee upon your use of or orders for any Services, you shall pay that amount as specified in the Order or 3C’s invoice or supply 3C with exemption documentation. You are also responsible for paying all administrative fees (such as PayPal fees) associated with the Services and any transactions you entered into in connection with the Services.

If 3C does not receive payment from your card issuer, upon demand you shall pay all overdue amounts by other means acceptable to 3C. 3C may accept other forms of payment, and if 3C invoices you for Services, you shall pay to 3C the amount indicated in each invoice by the due date reflected on the invoice.

If you believe that a billing discrepancy has occurred, unless you notify 3C in writing within 60 days after the date on which that discrepancy first appeared on your credit card account statement or invoice, as applicable, you waive your right to claim that discrepancy.

Service purchases and subscriptions are nonreturnable and cannot be exchanged. Until your Service is terminated, you will continue to accrue charges for which you remain liable, even if you do not use the Service.

If you fail to pay according to these Terms, 3C may, without prejudice to its other rights and remedies: (1) charge interest on any unpaid amounts on a daily basis from the original due date at the rate of the lesser of 1.5% per month or the maximum amount permissible by law, (2) suspend or terminate your use and/or access to Services, or both (1) and (2). You shall reimburse 3C for all reasonable expenses 3C incurs in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable attorney’s fees, and court costs. 3C may charge a fee for reinstatement of suspended or terminated accounts.

3C may from time to time offer Service promotions and discounts for which you may be eligible, including promotions available for a limited time. Unless otherwise specifically noted, Service promotional offers and discounts apply to first-time purchasers only. Separate terms and conditions may apply to promotional offers and discounts.

9. Disclaimers

Use of the Services and Content are solely at your own risk. The Services and Content are provided on an “as is” and “as available” basis. 3C expressly disclaims all warranties of any kind with respect to the Services, whether expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

3C makes no warranty that (a) the Services or any of its Content will meet your requirements or needs; (b) the Services or any of its Content will be uninterrupted, timely, secure, current, accurate, complete, or error-free; or (c) the results that may be obtained by use of the Services and/or any of its Content will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy for any defect in or dissatisfaction with the Services or any of its Content is to stop using the Services.

Suggestions and advice that may be received via the Services or Content are informational only, do not constitute medical, legal, or other professional advice, and should not be relied upon for personal, medical, or legal decisions. You should consult an appropriate professional for specific advice tailored to your situation.

You have full responsibility for the care and well-being of yourself and of those you serve, including patients, clients, research subjects, trainees, dependents, and any other group, and any reliance on the Services shall not diminish that responsibility. You are responsible for establishing such procedures as you deem appropriate in your professional judgment to verify the accuracy of Content on the Services and to provide backup procedures for any loss of the Services. You acknowledge and agree that by providing the Services, 3C is not rendering medical or other health care services or engaged in the practice of medicine and shall not be liable to any party for any act or failure to act relating thereto, in addition to any limitation of liability provisions contained in these Terms.

10. Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information submitted to 3C relating to modifying or improving the Services (“Feedback”), whether solicited or unsolicited, are non-confidential. 3C may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant to 3C a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for the longest period as allowed by applicable law.

11. Privacy Policy

You hereby agree to the terms and conditions of 3C’s Privacy Policy and any applicable Supplemental Terms for a specific Service, which are incorporated into these Terms. You consent to 3C’s collection, processing, use, and disclosure of data provided by you or otherwise associated with you as set forth in the Privacy Policy. You can review the most current version of this Privacy Policy at any time at http://www.3cisd.com/privacy-policy.

12. Third-Party Services and Ads

The Services may include, or contain links to, third party services, products, or web sites, and/or display advertisements for third parties (collectively, “Third-Party Services”).

3C assumes no obligation or liability for: (1) the functionality or performance of Third-Party Services, including their content, accuracy, or reliability, or (2) the acts and omissions (including with respect to privacy practices) of the suppliers of Third-Party Services.

You may be subject to additional terms and conditions that may apply when you use Third-Party Services.

You acknowledge and agree that links to Third-Party Services are provided for your convenience and do not reflect any endorsement by 3C with respect to such Third-Party Service site. Your use of any Third-Party Service is solely at your own risk. In addition, you should be aware that your use of any linked Third-Party Service is subject to the terms and conditions applicable to that Third-Party Service, including the privacy policies (or lack thereof) of such Third-Party Service.

13. Termination

You acknowledge and agree that 3C may terminate your access to Services and remove any Content provided by you without notice if: (a) you do not login to the Services for an extended period of time as determined by 3C; (b) 3C believes you have breached these Terms; and/or (c) you have otherwise acted or failed to act in a manner that 3C deems unacceptable. You agree that any termination of your access to the Services shall not result in any liability or other obligation by 3C to you or any third party in connection with such termination.

14. Limitation of Liability

You expressly understand and agree that 3C shall not be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, consequential, cover, or exemplary damages, or any loss of profits, goodwill, use, data loss, or other losses (even if 3C has been advised of the possibility of such damages) resulting from or related to your use of the Services or Content. Without limiting the foregoing, 3C’s total liability will at all times be limited to the fees you have paid to 3C for the Services at issue during the prior three (3) months. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “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.”

You agree that 3C is in no way responsible or liable for any grade or assessment you may receive through or otherwise related to any Services.

15. Jurisdictional Issues

Unless otherwise specified, the Services and Content are solely available in or applicable to the United States (including its territories, possessions, and protectorates). 3C makes no representation that the Services or Content are appropriate or available for use outside the United States. Those who choose to access the Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software and technologies related to the Services are subject to United States export controls. No software or technologies related to the Services may be downloaded or otherwise exported or re-exported (a) into any country to which the United States has embargoed goods or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software or technologies, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

16. Indemnity

You agree to defend, indemnify, and hold 3C, its subsidiaries, affiliates, officers, directors, employees, and agents harmless from and against any third party claim, action, or demand (“Claim”) and all damages, losses, liabilities, and settlements related thereto, including without limitation reasonable legal and accounting fees resulting from or relating to, or alleged to result from or relate to, your use of the Services and/or the Content, or your breach of these Terms. 3C shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.

17. Choice of Law and Dispute Resolution

This Agreement is governed by the laws of the state of North Carolina, USA, without giving effect to any conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and is expressly excluded.

You and 3C agree to arbitrate all disputes between you and 3C and/or its affiliates arising under these Terms, except disputes relating to the enforcement of 3C’s, its affiliates, or its licensors’ intellectual property rights. “Dispute” includes any dispute, action, or other controversy between you and us concerning the Services or these Terms, whether in contract, tort, warranty, statute, or regulation or other legal or equitable basis.

In the event of a dispute, you or 3C must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You and 3C will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration.

If you and 3C do not resolve a dispute by informal negotiation, the dispute shall be settled by final binding arbitration before a neutral arbitrator. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

The arbitration will be held in Durham, North Carolina. You and 3C agree to submit to the personal jurisdiction of the federal or state courts located there in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor 3C will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

3C reserves the right to take steps that it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that we have the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to our right to cooperate with any legal process relating to your use of the Services and/or a third-party claim that your use of the Services is unlawful and/or infringes such third party’s rights).

18. Miscellaneous

You understand and agree that 3C may from time to time establish and revise practices and limitations concerning the Services and your use of the Services.

These Terms constitute the entire agreement between you and 3C and governs your use of the Services. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

The failure of 3C to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms must be filed within one (1) year after such claim or cause of action arose.

3C may provide notice to you by email or regular mail, or by posting made through the Services.

The section titles of these Terms are merely for convenience and will not have any effect on the substantive meaning of these Terms.

Services and Content are not available in all languages or in all countries. 3C makes no representation that the Services and Content are appropriate or available for use in any particular location. To the extent you choose to access the Services, you do so at your own risk and are responsible for compliance with any applicable laws, including applicable local laws.

These Terms are personal to you and you may not assign them or your rights or obligations under them to anyone. If any provision of these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. 3C may assign its rights and obligations, or these Terms, in whole or in part.

You and 3C acknowledge and agree that no partnership, agency, joint venture, or employment relationship is formed between you and 3C by your use of the Services, and neither you nor 3C have the power or the authority to obligate or bind the other.

3C shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, accident, fire, explosion, flood, hurricane, severe weather, or other disaster.

19. Changes to These Terms

3C may change these Terms from time to time. If any material changes are made to these Terms, 3C will endeavor to notify you either by email or through the Services. You understand and agree that your use of the Services after the date on which these Terms have changed constitutes acceptance of the updated Terms.

20. Contact Information

Address: 2645 Meridian Parkway, Suite 350, Durham, NC 27713

Phone number: 1-984-316-0406

Email: support@3cisd.com

Last Updated: January 2019