Terms of Service
KEY POINTS TO KNOW
Know your rights and responsibilities.
The REAL Chem courseware (“REAL Chem”) is a digitally powered educational resource, built using an Open Learning Initiative (“OLI”) system provided by Carnegie Mellon University, a non-profit corporation headquartered in Pittsburgh, Pennsylvania (“CMU”). Access to the REAL Chem courseware and related materials, including various products, software, and services (collectively referred to as the “Services”), is subject to these terms and conditions (“Terms”).
This Agreement
These Terms governyour use of the Services and are collectively referred to as this in the “Agreement.” Carnegie Mellon University (“CMU”) is the provider of the Services and is referred to herein as “us,” “we,” or “our.” “You” or “Your” refers to either individual end users or institutional end users of the Services, whichever is applicable.
It is important that you read these Terms carefully. Your use of the Services is subject to the Terms set forth herein, which constitute a legal and binding agreement between you and CMU. Unless otherwise agreed in writing with CMU, your agreement with CMU will always include the Terms and any legal notices applicable to the Services, which will be accessible for you to read either within, or through your use of, those Services.
By accessing or using the Services, clicking the “I Accept” button (or logical equivalent) contained in an online order or registration form, or otherwise displayed as part of the ordering or registration process, you acknowledge that you understand these Terms and agree to be bound by them, including all policies and guidelines incorporated by reference.
We reserve the right to change these Terms from time to time. You agree that we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You acknowledge and agree that it is your responsibility to review the Website and these Terms periodically and to be aware of any such changes. Your continued use of any of the Services after any such changes will constitute your acknowledgment and agreement to abide by the modified Terms.
Provision of Services
We reserve the sole right to modify or discontinue the Services, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party for making such modifications. Modifications may include, but are not limited to, changes in the pricing structure or the addition or deletion of new Services offerings. Any new features that augment or enhance the then-current version of the Services shall also be subject to these Terms.
Your Use of the Services
By accessing the Services, you agree:
to use the Services in a lawful, fair, and reasonable manner, which includes not using the Services for any unlawful or fraudulent purpose or in a way that adversely affects the Services (or the servers and networks which are connected to the Services) or the use of or access to the Services by other registered users;
not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers);
not to upload any copyrighted materials not owned by you unless you have permission of the owner of the copyrighted materials to do so; and
to contribute comments or participate in discussions within the Services in a manner that is respectful to others and productively contributes to academic debate and does not bully, harass, or defame any other person.
Without limitation, you acknowledge that you have seen a demonstration of and/or are aware of the general form, content, accessibility, and functionality of the Services and have satisfied yourself that they are suitable for your purposes.
You must pay any applicable charges (if any) and abide by any additional terms and conditions (such as length of subscription term and/or limits on your right to access certain features, functionalities, or capabilities) as set out in the offline or online order form for your purchase (each an “Order”) and/or the relevant area of the Services. You are solely responsible for providing, at your own expense, all equipment necessary to use the Services, including, without limitation, a computer, modem, and your own internet access (including payment of Internet Services Provider fees associated with such access).
All rights not expressly granted herein are reserved. Any unauthorized use of the Services is prohibited and may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to CMU will always be accurate, correct, and up-to-date. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from any relevant countries). You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with CMU, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose. You agree that you are solely responsible for (and that CMU has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which CMU may suffer) of any such breach.
Your Password and Account Security
You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services, and you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify CMU immediately.
Communication
Newsletters
Subscription Management
Proprietary Rights
You acknowledge and agree that CMU owns all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by CMU and that you shall not disclose such information without CMU’s prior written consent. Unless you have agreed otherwise in writing with CMU, nothing in the Terms gives you a right to use any of CMU’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Termination
If you opted-in to receive CMU newsletters and other special offer emails and you no longer wish to receive them, you may opt-out at any time by unsubscribing using the link at the bottom of all newsletters and other special offer emails.
Subscription Management
By signing up for the Services, you agree to receive communications from CMU for membership management and/or administrative purposes, such as membership confirmation, profile information validation, and other similar reasons. Communication may come in the form of e-mail, phone calls, and/or postal mail. You cannot opt-out of receiving these communications, unless you terminate your subscription with REAL Chem.
Proprietary Rights
You acknowledge and agree that CMU owns all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by CMU and that you shall not disclose such information without CMU’s prior written consent. Unless you have agreed otherwise in writing with CMU, nothing in the Terms gives you a right to use any of CMU’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
CMU acknowledges and agrees that it obtains no right, title, or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, develop, transmit, or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that CMU has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by CMU, you agree that in using the Services you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
Termination
* CMU may at any time terminate access to and provision of Services to you if:
you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms); or
* CMU is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
the partner/party with whom CMU offered the Services to you has terminated its relationship with CMU or the partner has ceased to offer the Services; or
* CMU is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services.
