This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: 3 June 2013.
This agreement is between you, the user, and Intelliscape Interactive Corp., provider of the re-Course ®
Our terms of service govern our relationship with users and others who interact with re-Course. By using or accessing re-Course, you agree to this Statement, as updated from time to time
Content and Information
Where you have set your privacy and application settings to allow sharing of your availability, location or other personal information (Shared Information - SI) with others you acknowledge that SI, once shared with others is outside the control of re-Course.
1. When you delete your account, your association with any content is removed, however, for purposes of data retention and analysis, the associated SI is anonimized and retained in the system in a manner that is not associated with you. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
appreciate your feedback or other suggestions about re-Course, but you
understand that we may use them without any obligation to compensate you for
them (just as you have no obligation to offer them).
We do our best to keep re-Course safe, but we cannot guarantee it. We need your help to keep re-Course safe, which includes the following commitments by you:
1. You will not collect users' content or information, or otherwise access re-Course, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
2. You will not upload viruses or other malicious code.
3. You will not solicit login information or access an account belonging to someone else.
4. You will not bully, intimidate, or harass any user.
5. You will not use re-Course to do anything unlawful, misleading, malicious, or discriminatory.
6. You will not do anything that could disable, overburden, or impair the proper working or appearance of re-Course, such as a denial of service attack or interference with page rendering or other re-Course functionality.
You will not
facilitate or encourage any violations of this Statement or our policies.
re-Course users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on re-Course, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use re-Course if you are under 13.
5. You will not use re-Course if you are a convicted sex offender.
6. You will keep your contact information accurate and up-to-date.
7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
8. You will not transfer your account to anyone without first getting our written permission.
9. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
After registration, your e-mail address will be added for the delivery of re-Course newsletters and maillists. Registering with re-Course is an opt-in to our newsletters and maillists. Your e-mail address will not be shared with third-party newsletter or maillists. After receving your first newsletter from us, you will have the option of unsubscribing from re-Course newsletters or maillists.
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on re-Course that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on re-Course if we believe that it violates this Statement or our policies.
3. You will not use our copyrights or trademarks (including re-Course, the re-Course and Logos, or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
5. Mobile and Other Devices
1. In the event you change or deactivate your mobile telephone number, you will update your account information on re-Course within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
consent and all rights necessary to enable users to sync (including through an
application) their devices with any information that is visible to them on re-Course.
If you make a payment on re-Course or use re-Course Credits, you agree to our Payments Terms.
Advertisements and Other Commercial Content Served or Enhanced by re-Course
Our goal is to deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:
1. We do not give your content or information to advertisers without your consent.
that we may not always identify paid services and communications as such.
8. Special Provisions Applicable to Software
1. If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
2. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
1. Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice (for example, by posting the change on our web site
2. If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on our web site.
use of re-Course following changes to our terms constitutes your acceptance of
our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of re-Course to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or re-Course exclusively in Provincial court located in Vancouver, British Columbia Canada. The laws of the Province of British Columbia will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Vancouver, British Columbia, California for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or information on re-Course, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on re-Course and are not responsible for the content or information users transmit or share on re-Course. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on re-Course. We are not responsible for the conduct, whether online or offline, or any user of re-Course.
WE TRY TO KEEP RE-COURSE
UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING RE-COURSE
AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT RE-COURSE WILL ALWAYS BE SAFE,
SECURE OR ERROR-FREE OR THAT RE-COURSE WILL ALWAYS FUNCTION WITHOUT
DISRUPTIONS, DELAYS OR IMPERFECTIONS. RE-COURSE IS NOT RESPONSIBLE FOR THE
ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US,
OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES,
KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU
HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST
PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR RE-COURSE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY
ARISING OUT OF THIS STATEMENT OR RE-COURSE WILL NOT EXCEED THE GREATER OF ONE
HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE
MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN SUCH CASES, RE-COURSE'S LIABILITY WILL BE LIMITED TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Provisions Applicable to Users Outside the United
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with re-Course outside the United States:
1. No special provisions apply at this time.
1. By "re-Course" we mean the features and services we make available, including through (a) our website at www.re-Course.com and any other re-Course branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Share or Comment buttons, and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from re-Course or provide data to us.
3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with re-Course.
4. By "content" we mean anything you or other users post on re-Course that would not be included in the definition of information.
5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from re-Course or provide to re-Course through Platform.
6. By "post" we mean post on re-Course or otherwise make available by using re-Course.
7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By "active registered user" we mean a user who has logged into re-Course at least once in the previous 30 days.
"application" we mean any application or website that uses or
accesses Platform, as well as anything else that receives or has received data
from us. If you no longer access Platform but have not deleted all data
from us, the term application will apply until you delete the data.
1. This Statement makes up the entire agreement between the parties regarding re-Course, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
9. We reserve all rights not expressly granted to you.
10. You will comply with all applicable laws when using or accessing re-Course.