Welcome to ProfessorNow.com™, an Internet Service (the “Service”), provided to you, owned, and operated by Professor Now, LLC, collectively referred to hereafter as Professor Now (“Professor Now”).
The Service contains graphic files, audio files, video files, movies, course previews, information, data, editorial and other content accessible by any Internet user, and educational courses (the “Courses”) accessible only to individuals who register an account and sign into ProfessorNow.com™. By your use of the Service, you agree to be bound by the following Terms of Use (“Agreement”). This creates a binding legal agreement, so please read them carefully. If you do not agree to these Terms of Use, you must discontinue your access and use of the Service, and exit the website.
Section 1. General Terms and Conditions
1.1 You may use the Service and the Courses only for personal use. The Service is not intended for or licensed for any commercial use, and such use is specifically prohibited. We reserve the right to cancel any or all of the Service or any Course at any time.
1.2 You acknowledge that Professor Now may (i) discontinue the Service, and/or (ii) modify the terms under which you can use the Service. Professor Now will have no liability to you as a result of such changes.
1.3 The download of the whole or significant portions of any functionality of the Service, or any part of the Service or Courses is prohibited. Online or other republication of content of the Service or Courses is prohibited. Violation may result in immediate termination of your rights to participate in the Service and may result in legal action for injunction, damages, or both.
1.4 You understand and agree that the Services and Courses may include advertisements and these advertisements are necessary for ProfessorNow.com to provide its Service to you.
1.5 Professor Now reserves the right to decline to do any business with you for any reason whatsoever consistent with United States federal, state, and local law, and may suspend or terminate your account and terminate your access to the Service, at its sole discretion, with or without notification to you.
1.6 Professor Now may pursue its rights and seek remedies at law or in equity for a violation of this Agreement or its or its licensors’ rights under copyright.
Section 2. Registration and Security
2.1 As part of the registration process, you will select a password and Member name (“Username”), and provide certain other information. You must provide Professor Now with accurate, complete, and updated registration information. Failure to do so will breach this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; or (ii) use a name that we, in our sole discretion, deem offensive.
2.2 You shall notify us by e-mail at support@professornow.com of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Professor Now, its owners or agents.
2.3 In order to register for the Service and/or to use the Service, you represent that you are at least 18 years of age or older, or that you are between the ages of 13 and 18 and have received consent from your parent or guardian.
2.4 If you are under the age of 13, please discontinue your use of the Service and exit the website.
2.5 You are responsible for all usage or activity on ProfessorNow.com via your password. Distribution of your password for access to ProfessorNow.com to others is expressly prohibited and shall constitute a breach of this agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be referred to appropriate law enforcement agencies. Professor Now shall not be liable for any damage or loss arising from your use of the Service through your account or for your failure to comply with the above requirements.
2.6 You also understand and agree that the Service may include certain communications from Professor Now, including service announcements and administrative messages, and that these communications are considered part of your registration, and you will not be able to opt out of receiving them.
Section 3. Copyright
3.1 You acknowledge that the Service, any underlying technology used in connection with ProfessorNow.com™, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, Courses, and other data (collectively, the “Content”) available within the ProfessorNow.com™ websites are provided by Professor Now or third-party providers and are the copyrighted works of Professor Now and/or such third parties. Content is owned or licensed by Professor Now and/or third parties and is protected under copyright, trademark, and other proprietary and intellectual property right laws. Except as expressly authorized by Professor Now or such third parties in this Terms of Use or as may be posted on the Service, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, broadcast, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Service, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to Professor Now in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any Content or the Service on any other server.
3.2 The U.S. Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the copyright law to provide limitations for service provider liability relating to material online. In compliance with such Act, Professor Now has registered a Designated Agent with the United States Copyright Office to receive notice of alleged copyright infringements contained on the ProfessorNow.com™ Services. All inquiries into alleged copyright infringement on the ProfessorNow.com™ Services should be sent to Professor Now, LLC, c/o Daniel N. Steven, Esq., 216 N. Adams Street, Rockville, MD 20850.
3.3 The following information should be included in your correspondence: 1) Your name, address, telephone number, and email address; 2) Identification of the copyright work that you claim has been infringed, its location, web address, and any other documentation which would assist Professor Now in locating that material; 3) A statement indicating your belief that the use of the material complained about is not authorized by the copyright owner, its agent(s), or the law; 4) A statement that the information in the notification is accurate; 5) An attestation under penalty of perjury that the complaining party is authorized to act on behalf of the copyright owner, 6) A physical or an electronic signature of the person authorized to act on behalf of the copyright owner’s interest.
Professor Now reserves the right to add, change, suspend, or delete any and all content or materials without notice.
Section 4. Your Privacy
4.1 Professor Now has a firm commitment to safeguarding your privacy. Please review our Privacy Policy. The terms of ProfessorNow.com’s Privacy Policy are considered part of, and are incorporated into, these Terms of Use.
Section 5. Acceptable Use
5.1 You may only access the ProfessorNow.com™ website and use the Service for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Service. You agree that you will not use the Service to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States.
Section 6. Disclaimer of Warranty and Limitations of Liability
PROFESSOR NOW MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE FACTS, ADVICE, OPINIONS, INFORMATION , ETC. CONTAINED IN ANY COURSE FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. YOU AGREE THAT YOUR ACCESS TO THE PROFESSORNOW.COM SITE, INCLUDING ANY COURSE, AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER PROFESSOR NOW, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, VIRUS OR ERROR-FREE, OR COMPLETELY SECURE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICE. PROFESSOR NOW, ITS OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, AFFILIATES, AND AGENTS EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY LIABILITY, INJURY, LOSS, OR RISK, PERSONAL OR OTHERWISE, WHICH OCCURS, EITHER DIRECTLY OR INDIRECTLY, AS A RESULT OF THE APPLICATION OR USE OF ANY OF THE INFORMATION AND CONTENT CONTAINED WITHIN THE SERVICE AND COURSES.
PROFESSORNOW.COM AND THE SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL PROFESSOR NOW, LLC, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF PROFESSOR NOW, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS PROFESSORNOW.COM OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROFESSORNOW.COM'S RECORDS, PROGRAMS, OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES PROFESSOR NOW’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Section 7. License to Content, Service, and Courses
7.1 Professor Now grants you a limited right/license that is non-exclusive and not transferable, to access, privately display, and use the Content, including any and all Services and Courses provided to you, for your personal use only provided that you agree to and comply fully with this Agreement.
7.2 Courses include video content offerings for which you are required to register in order to have the right to access and view the material.
7.3 You agree that you will not be able to access and view Courses upon expiration of the license term, or in the event that Professor Now terminates the Course, or your right to view the Course, in accordance with this agreement.
7.4 You agree and acknowledge that you shall not acquire any ownership rights by using the Service or viewing Courses, and that the license granted to you as set forth in Section 7.1 does not transfer, grant, or assign any ownership rights to you whatsoever, nor does it act as a waiver of any rights of Professor Now, its licensors, or the copyright owners with respect to any Service or Courses offered to you.
7.5 You may not distribute, sell, sublicense, or otherwise transfer any right or license in the Courses, or use the Courses in any manner other than as set forth in this Agreement.
7.6 Any copy or use of any portion of the Service and Courses shall constitute a copyright violation unless specifically provided for herein.
7.7 Flash Streaming. Members that use Adobe Macromedia Flash Player are using Streams subject to Adobe Macromedia’s Licensing Agreement and agree to be bound by it. You may view a copy of the license agreement at http://www.macromedia.com/shockwave/download/license/desktop. Professor Now shall not be liable for any violation of the Adobe Macromedia Licensing Agreement by you and you shall indemnify Professor Now, including all attorney’s fees and other costs, if Professor Now shall be held liable for your violation of the Licensing Agreement by any court of competent jurisdiction.
Section 8. Restrictions
8.1 You may not allow unauthorized individuals or entities to use the Services or Courses.
8.2 You may not remove any proprietary notices or label on any Content. You may not use the Service with any device or service designed to circumvent technological measures employed to control access to, or the rights in, any Course or other work protected under copyright laws. You may not attempt to disable, bypass, modify, defeat, or otherwise circumvent any security measure incorporated into the Service.
8.3 You may not use the Service to invade the privacy of, or obtain personal information about any account holders or users of the website. You may not use the Service to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is libelous, defamatory, harassing, abusive, threatening, tortuous, harmful, or otherwise objectionable.
8.4 You may not attempt to interfere with the operation of the Services in any way through any means or device, including but not limited to spamming, hacking, computer viruses, etc.
8.5 All rights in the Content are reserved by Professor Now and/or its licensors, except those rights explicitly granted to you by this Agreement.
8.6 You may not upload, post, download, or otherwise distribute or facilitate the distribution of any material which infringes on any copyright, trademark, or other proprietary right of any party.
Section 9. Trademark, and Ownership
9.1 ProfessorNow.com™ (design and word), ProfessorNow.com™ logos, and the unique trade dress of ProfessorNow.com™ courses are the trademarks, service marks, trade dress, and logos of Professor Now, LLC. All other trademarks, service marks, trade dress, and logos used in the Service and on the ProfessorNow.com™ website, are the trademarks, service marks, trade dress, and logos of their respective owners.
9.2 Any and all Content is owned by Professor Now and/or its licensors and content providers, and is protected by applicable domestic and international copyright laws.
Section 10. Miscellaneous
1. Links: The Service contains links through advertising and otherwise to third party websites and other resources. These links are made to websites that are not under the control of, reviewed, monitored, or endorsed by Professor Now, and as such Professor Now is not responsible or liable for any information, content, or any other materials of any linked website. Such links are provided for convenience purposes only. You agree that you are solely responsible and liable for any interactions you may have with such linked websites, their sponsors, owners, or other third-parties. You acknowledge and agree that Professor Now shall not be responsible or liable, both directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused by or in connection with the use of or reliance upon any such third party goods or services, or content, available through linked websites.
2. Limitation of Service: Professor Now controls and operates the Professor Now website from its headquarters in the and makes no representation that the Content and Courses are appropriate or available for use in other locations. If you use the Professor Now website, Content, or Courses from locations outside the , you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the Professor Now website are solely directed to individuals, companies, or other entities located in the . You agree that none of the Content, nor any product or service accessed or used through ProfessorNow.com™, is being or will be acquired for, shipped, transferred, or made available, either directly or indirectly, to proscribed or embargoed countries or their nationals, or any countries that are subject to U.S. export restrictions, unless authorized by the U.S. Government. You agree to strictly adhere to and comply with all export laws and assume sole responsibility for adherence to and compliance with such laws. If you reside in the European Union, by registering you will be indicating your explicit consent that the personal information you have provided may be transferred and stored in countries outside the EU, including the . Your personal information shall only be used in accordance with Professor Now's Privacy Policy.
3. Indemnity: You shall, indemnify, hold harmless, and defend, at your own expense, Professor Now, its affiliates, officers, directors, employees, members, contractors, agents, suppliers, and representatives against any claim, suit, actions, demands, liabilities, expenses, including without limitation, reasonable attorney’s fees, or any proceeding brought against Professor Now which arises out of, results from, or is related to any breach made by you of this Agreement, or of any claim of defamation, invasion of privacy, right of publicity, infringement of intellectual property or other proprietary rights relating to your use of the Service.
4. Termination of User Account: Professor Now reserves the right to terminate any user account for any reason, at its sole discretion, including, but not limited to, any breach of this Agreement. In addition, Professor Now reserves the right to terminate this Agreement and discontinue access to the Services at any time and for any reason. In the event the service is terminated, any provisions which are intended to survive termination shall survive termination.
5. Discontinuance of Services: Professor Now reserves the right to add to, change, delete, remove, or suspend any and all content or materials without notice.
6. Submissions and/or Communications: Any communications, submissions, and any other material, including, but not limited to, suggestions, ideas, drawings, concepts, feedback, comments, or other information shall not be subject to any obligation of confidentiality whatsoever by Professor Now. Professor Now shall not be liable for any use or disclosure of any such submissions or communications. Professor Now reserves the non-exclusive right to edit, copy, publish, and distribute any information or content you transmit or submit to it for any purpose whatsoever.
7. Specifications: You agree that you are responsible to have the appropriate software, hardware, and Internet connection needed to operation the Service and view Courses.
8. Governing Law: These Terms of Use Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements executed and fully performed therein. It is agreed that New York courts (state and federal) only, will have jurisdiction over any controversies regarding this Agreement; any action or proceeding which involves such a controversy will be brought only in those courts, in New York County.
9. Severability: If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable. The unenforceability of any particular provision of this Agreement shall not affect any other provision hereof, which shall continue in full force and effect.
10. Compliance with Laws: You agree to comply with all applicable laws, rules, and regulations in connection with your activities under this Agreement, including and without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act, as amended to assure that the Content is not exported in violation of United States laws.
11. Amendment of Agreement: Professor Now reserves the right, at its sole discretion, to update, change, modify, add or remove any portion of this Agreement from time to time on an as-needed basis by placing an update of this Agreement on-line at ProfessorNow.com’s web site at this location or at any other location designated at said site. Changes to this Agreement will be effective when posted. You agree to periodically review these Terms of Use to be aware of any changes. By continuing to use the Services after any change has been made, you agree to be bound by subsequent revisions to the Agreement.
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