Terms of Use

About this App

These terms govern your use of the CourseCadence app and the related websites, services, applications, products and content (collectively, the “Services”), as may be amended from time to time ("Terms").

Account Credentials. To create your account, you must select a secure user ID and password ("Credentials"). We recommend that you select a secure user ID and password that you are not using on any other site. You must keep your credentials confidential and not share them with anyone else. If anyone else acquires your Credentials or if you suspect your credentials have been hacked or obtained, such as by use of by any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind, you must change your password immediately to prevent unauthorized persons from using your account. If you fail to prevent or stop unauthorized access by others, you assume full responsibility and liability for any such unauthorized access.

Privacy. All information we collect on CourseCadence is subject to our Privacy Policy. By using the Service, you consent to our use of your information in compliance with the Privacy Policy.

License and Intellectual Property Rights. We grant you a non-exclusive, royalty-free, limited, revocable, personal, and non-assignable right to access and use CourseCadence subject to limitations defined in these Terms. We reserve all rights, title, ownership, and interests to any intellectual property that we possess, own, or license from third parties. We do not grant you any licenses to our intellectual property.

Disclaimer. We offer the CourseCadence services "as is," without any representations, warranties, or assurances, and subject to change, suspension, or termination at our sole discretion, at any time.

Minors. CourseCadence is not intended for children under 13 years of age. You must be at least 13 years of age to access or use the Services. If you are under 13 years old, you must obtain the consent of your parents or legal guardian before you access or use our Services. If you are a parent or legal guardian of a user under the age of 13, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. By using this Service, you represent and warrant that you meet the foregoing eligibility requirements.

Subscriptions

General Information. CourseCadence is available via Subscription. Many features of CourseCadence are available without a paid subscription; however, some features and content require the purchase of a paid subscription to the CourseCadence service (“Subscriptions”). Subscriptions are billed either monthly or annually depending on the level or type of Subscription. Any violation of these Terms or the Subscription Terms may result in cancellation of your Subscription. You must be 18 years of age or older to purchase a Subscription. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. Only one individual may access a Service at the same time using the same username or password unless we agree otherwise in writing.

Payments. As part of registering or submitting information to purchase a Subscription Paid Services, you must provide a method of payment. You authorize CourseCadence (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions), in order to ensure prompt payment. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH THE SERVICE OR A TRANSACTION.

Free Trial Period. Your Subscription may begin with a free trial. If this is the case, we will begin charging you for your Subscription at the end of the free trial period and the date of such charge will be considered your purchase date for purposes of calculating any renewals of your Subscription. To avoid being charged, you must cancel your Subscription before the end of the free trial period.

Promotional Codes. If you use a promotional code to obtain a Subscription, such code only applies to the period identified in the Additional Terms provided with the promotional code. Promotional codes may not be applied to renewal periods of existing Subscriptions. Please carefully review the Additional Terms provided with the promotional code before use. Promotional codes do not apply to gift membership purchases or membership upgrades, unless otherwise provided.

Renewal Terms. Your subscription will be renewed automatically, and you will be charged in advance of each billing cycle unless you cancel your renewal. Your selected payment method will be charged automatically on a recurring monthly or annual basis. Subscription fees will be billed at the beginning of your subscription and any renewal. CourseCadence reserves the right, in its sole discretion, not to renew your subscription. For all subscriptions, you must cancel your automatic subscription renewal before it renews in order to avoid the billing of subscription fees for the renewal term to your credit card.

Price Increases. CourseCadence may increase the price of Subscriptions at any time; however, we will give you at least thirty (30) days advance notice of any price increase. This advance notice will give you an opportunity to cancel your Subscription before the price increase goes into effect in the following billing cycle. If you do not cancel your Subscription before the price increase goes into effect, you will be deemed to have agreed to the price increase.

Cancellation Process. If you cancel your subscription, the cancellation will go into effect at the end of your current subscription period. You must cancel your subscription prior to 11:59 p.m. Eastern time on the day before your next automatic renewal date in order to avoid being charged for the next renewal period. You may cancel your Subscription renewal by going to https://coursecadence.app/profile and selecting “cancel” at the bottom of the subscription level section of your settings page.

Refund Policy. Unless required by law, all purchases of subscriptions, whether for yourself or as a gift are final and are nonrefundable/nonreturnable and there are no refunds or credits for partially used subscription periods or terms. We reserve the right to issue or not issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Indemnification. As permitted by applicable law, you agree to, and you hereby, defend (if requested by CourseCadence), indemnify, and hold the CourseCadence Entities (as defined below) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any CourseCadence Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (a) your Content; (b) your use of the Service and your activities in connection with the Service; (c) your breach or alleged breach of these Terms or any applicable Additional Terms; (d) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (e) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (f) any misrepresentation made by you; and (g) CourseCadence Parties’ use of the information that you submit to us (including your Content) subject to our Privacy Policy (all of the foregoing, “Claims”). You will cooperate as fully required by CourseCadence Parties, in the defense of any Claim. CourseCadence Parties reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claim without, in each instance, the prior written consent of an officer of a CourseCadence Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

Limitations of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COURSECADENCE OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, EVEN IF COURSECADENCE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, CONTENT, USER CONTENT, OR OUR OTHER PRODUCTS AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY OR DAMAGES.

Governing Law. This Agreement and any dispute arising out of or in connection with this Agreement or the Services ("Disputes") shall be governed by the laws of Georgia and applicable federal laws, excluding conflicts of law provisions. Unless you and we agree otherwise, to the greatest extent permitted by law, the state and federal courts in Fulton county, Georgia will have exclusive jurisdiction over any disputes between you and us that are not subject to arbitration you and we consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.

Arbitration. All Disputes shall be exclusively resolved by binding arbitration under the auspices and then-current Consumer Arbitration Rules of the American Arbitration Association ("AAA"). You and we waive the right to a trial by jury or to participate in a class action. The arbitrator must issue a reasoned decision in writing.