Website Terms of Use

 

Website Terms of Use

 

Welcome to The Great Courses Plus!  The The Great Courses Plus Subscription Service (“TGC Plus Service" or "Subscription Service”) is a subscription service that provides our Subscribers with access to TGC courses, and educational media content, arts and crafts, documentaries, and other content types, which are streamed over the Internet to certain Internet-connected TV's, computers, smartphones and other devices. Additionally, the TGC Plus Service also provides access to a customer's digital library as purchased from the www.thegreatcourses.com website.

 

The TGC Plus Service and this website are provided by The Teaching Company Sales, LLC d/b/a The Great Courses (“TGC” or “the Company”).  We are located at 4840 Westfields Blvd., Suite 400, Chantilly, VA 20151-2299. If you would like information on how to contact us, click Contact Us.

 

IMPORTANT NOTICE. These Terms of Use contain an agreement to arbitrate any dispute. This agreement to arbitrate requires, with limited exception, that you submit any claims you have against the Company to final binding arbitration, unless you opt out in accordance with Section 22 below. Unless you opt-out of arbitration: (1) you will only be permitted to pursue claims against the Company on an individual basis, not as part of any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

These Terms of Use govern your use of our Subscription Service and this website. As used in these Terms of Use, "TGC Plus Service," "Service" or our "Service" means the subscription service provided by TGC for viewing our courses and content, including all features and functionalities, website, software and user interfaces. As used in these Terms of Use, "Site" means www.thegreatcoursesplus.com domain and all post-domains.

 

A “Subscriber” is defined as a C customer who has agreed to these terms, subscribed to either a monthly, quarterly, semi-annual or annual TGC Plus Subscription, and created a TGC Plus account.  For purposes of these Terms of Use, a “Subscriber” includes end users who have enrolled in a free trial or other promotional offer permitting use of or access to the TGC Plus Service. The Subscriber is sometimes referred to as "you" or "your" in these Terms of Use.

 

 1.    Acceptance of Terms of Use.  These Terms of Use, which include our Privacy Policy govern your use of the TGC Plus Service and this Site. By providing your email address, using our Service, enjoying a free trial, visiting this Site, or browsing the TGC Plus Service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Service.

 

 2.    Changes to Terms of Use. We may, from time to time, change these Terms of Use, including the Privacy Policy.  We will provide notice of material changes to these Terms of Use by posting the amended terms on the Site at least thirty (30) days before the effective date of the changes. If you have provided us with an email address, we may also notify you of changes by email in our discretion. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Use take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Use.

 

 3.    Privacy. Your use and our provision of the TGC Plus Service is subject to the TGC Plus Privacy Policy, which is incorporated herein and set forth in our Privacy Policy. Our use of any personally identifiable information we obtain from you is subject to our Privacy Policy.

 

 4.    Communication Preferences. By using TGC Plus Service, you consent to receiving electronic communications from TGC Plus and its partners and vendors for non-marketing purposes relating to your subscription account and our other products and services from us and our affiliated companies. These communications may involve sending emails to your email address provided during registration, sending messages to your mobile devices via our apps or via SMS text messages, posting communications on the TGC Plus Service website, or on your My Account page and will include notices about your account (e.g., payment authorizations, confirmation e-mails and other transactional information, etc.) You also consent to receiving certain other communications from TGC Plus, such as emails, catalogs, direct mail, special offers, promotional announcements and customer surveys. If you no longer want to receive these communications, you may designate your preferences by going to your My Account page. Please review our Privacy Policy for further detail on our marketing communications.

 

 5.    TGC Plus Membership, Free Trials, Billing and Cancellation

 

a. Memberships

 

Monthly Memberships. Your TGC Plus Monthly Membership, which may start with a free trial, will continue month-to-month unless and until you affirmatively cancel your Membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (“Payment Method”) as such may be updated from time to time, to use the TGC Plus Service. We will bill the monthly Membership fee to your Payment Method. You must cancel your Membership before it renews each month in order to avoid billing of the next month's Membership fees to your Payment Method.

 

Quarterly Memberships. Your TGC Plus Quarterly Membership, which may start with a free trial, will continue every 3 months unless and until you affirmatively cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (“Payment Method”) as such may be updated from time to time, to use the TGC Plus Service. We will bill the quarterly membership fee to your Payment Method. You must cancel your membership before it renews each quarter in order to avoid billing of the next 3 month’s Subscription fees to your Payment Method.

 

Semi-Annual Memberships. Your TGC Plus Semi-Annual Membership, which may start with a free trial, will continue every 6 months unless and until you affirmatively cancel your membership, or we terminate it. You must have internet access and provide us with a current, valid, accepted Payment Method as such may be updated from time to time to use the TGC Plus Service. We will bill the semi-annual membership fee to your Payment Method. You must cancel your membership before it renews each 6 months in order to avoid billing of the next 6 month's Subscription fees to your Payment Method.

 

Annual Memberships. Your TGC Plus Annual Membership will continue for a full twelve (12) month period, and thereafter will continue and renew automatically for additional twelve (12) month periods unless and until you affirmatively cancel your Membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted Payment Method to use the TGC Plus Service. We will bill the annual Membership fee to your Payment Method, and will bill renewal term invoices to your Payment Method prior to the expiration of your current Membership term. You must cancel your Membership before it renews each year in order to avoid billing of the next year’s Membership fees to your Payment Method.  

 

Differing Memberships. We may offer a number of Membership plans, including special promotional plans or Memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with TGC Plus by visiting the Site and clicking on the "My Account" page link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.

 

 

 

 b.    Free Trials    

 

      i.         Your TGC Plus Subscription may start with a free trial. The free trial period of your Subscription is specified during sign-up. Access to a free trial Subscription will terminate at the end of the free trial period, provided that you cancel during the free trial period. For combinations with other offers, restrictions may apply. Free trials are for new Subscribers only. Some TGC Plus Subscriber benefits may not be available to persons enjoying free trial service.  TGC Plus reserves the right, in its absolute discretion, to determine your free trial eligibility.   

 

 

     ii.         We will begin billing your Payment Method for Subscription fees at the end of the free trial period of your Subscription unless you cancel prior to the end of the free trial period. To view the specific details of your Subscription, including your Subscription price and end date of your free trial period, visit the Site, log in to the site, and visit your My Account page. We may authorize your Payment Method through various methods, including authorizing it up to one billing period of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.    

 

     iii.         YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL PERIOD HAS ENDED OR THAT THE PAYING PORTION OF YOUR SUBSCRIPTION HAS BEGUN. YOU AGREE THAT WE CAN AND WILL BILL YOUR PAYMENT METHOD AND WILL RENEW YOUR MONTHLY, QUARTERLY, SEMI-ANNUAL OR ANNUAL SUBCRIPTION SERVICES UNLESS YOU CANCEL PRIOR TO YOUR MONTHLY, QUARTERLY, SEMI-ANNUAL, OR ANNUAL AUTO-RENEWAL DATE. WE WILL NOTIFY YOU OF YOUR UPCOMING RENEWAL, PRIOR TO BILLING YOUR PAYMENT METHOD FOR THE UPCOMING RENEWAL, IF YOU HAVE A QUARTERLY, SEMI-ANNUAL OR ANNUAL SUBSCRIPTION SERVICE. IF YOU HAVE A MONTHLY SUBSCRIPTION SERVICE, YOU WILL NOT RECEIVE ANY MONTHLY NOTIFICATION PRIOR TO BILLING YOUR PAYMENT METHOD FOR THE NEXT MONTH. CLICK YOUR LOGIN LINK AT THE TOP RIGHT OF THIS SITE (www.thegreatcoursesplus.com) AND SELECT “MY ACCOUNT” TO FIND CANCELLATION INSTRUCTIONS.

 

 

 c.     Billing

     i.        Recurring Billing. By starting your TGC Plus Subscription and providing or designating a Payment Method, you authorize us to charge you a monthly, quarterly, semi-annual or annual Subscription fee at the then current Subscription rate, and any other charges you may incur in connection with your use of the TGC Plus Service. You acknowledge that the amount billed each month, each quarter, half yearly, or each year (as applicable), may vary from period to period for reasons that may include differing amounts due to applicable taxes, promotional offers, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or in one or more charges.

 

     ii.        Price Changes. We reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your Service will take effect following email notice to you.

 

     iii.        Taxes. Applicable sales taxes are NOT included in advertised prices for the TGC Plus Service, and will be applied as applicable in those states and countries where taxes apply to your Subscription.

 

     iv.        Billing Cycle. The Subscription fee for our TGC Plus Service will be billed at the beginning of the paying portion of your Subscription and each month, each quarter, each 6 months or each year thereafter (as applicable) unless and until you cancel your Subscription. Click the login link at the top right of this Site (www.thegreatcoursesplus.com) and select "My Account" to find cancellation instructions. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying Subscription. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying Subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your TGC Plus monthly Subscription or became a paying Subscriber on March 31st, your next monthly payment date is likely to be April 30th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Visit our website and go to your My Account page to see the commencement date for your next renewal period and your “Next Billing Date”. We may authorize your Payment Method in anticipation of Subscription or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly, quarter or quarterly, semi-annual or semi-annually, or annual or annually refers to your applicable billing cycle.

 

     v.        No Refunds. EXCEPT WHERE WE MAY TERMINATE THE SERVICE UNDER SECTION 22 OF THESE TERMS OF USE. PAYMENTS FOR TGC PLUS SERVICE ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.  THE GREAT COURSE’S “LIFETIME SATISFACTION GUARANTEE” PROGRAM FOR THE GREAT COURSE’S PRODUCTS DOES NOT APPLY TO THE TGCPLUS SERVICE.   Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Subscribers ("credits"). The amount and form of such refund, discount, or other credit, and the decision to provide them, are at our sole and absolute discretion. The provision of a refund, discount, or other credit in one instance does not entitle you to a refund, discount, or other credit in the future for similar instances, nor does it obligate us to provide any refund, discount, or other credit in the future, under any circumstance.

 

     vi.        Payment Methods. You may edit your Payment Method information by visiting your My Account page, available at the top of the TGC Plus website after you log in. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

 

     vii.        Cancellation. You may cancel your TGC Plus Subscription at any time, and you will continue to have access to the TGC Plus Service through the end of your monthly, quarterly, semi-annual or annual billing period, as applicable. EXCEPT WHERE WE MAY TERMINATE THE SERVICE UNDER SECTION 22 OF THESE THERMS OF USE, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION BILLING PERIOD OR FOR UNWATCHED CONTENT. To cancel, go to your My Account page on our website and follow the instructions for cancellation. If you cancel your Subscription, your account will automatically close at the end of your current billing period or at the end of the free trial period, whichever is applicable. To see when your account will close, view your My Account page. If you signed up for TGC Plus using your account with a third party as a Payment Method, and wish to cancel your TGC Plus Subscription at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the TGC Plus Service through that third party. You may also find billing information about your TGC Plus Subscription by visiting your account with the applicable third party.

 

 6.    Other Important TGC Plus Subscription Service Terms

 

 a.     You must be 18 years of age, or the age of majority in your state, province, territory or country, to become a Subscriber of the TGC Plus Service.  Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

 

b.    THE TGC PLUS SERVICE, AND ANY CONTENT VIEWED THROUGH OUR SERVICE, IS AVAILABLE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. During your TGC Plus Subscription, we grant you a limited, non-exclusive, non-transferable, license to access the TGC Plus Service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Service for commercial purposes, public performances, conferences, classrooms or large group viewings, and agree not to share or transfer your Account Login information with or to any third party.  For information on a license to enable commercial use, public performance or large group viewings, please contact us by email at ContactUs@thegreatcouresplus.com.

 

c.     You may view the TGC Plus Service only in geographic locations where we offer our service and have licensed TGC Plus content. The content that may be available to watch may vary by geographic location.  The TGC Plus Service is offered in English and is at present primarily enabled for consumption in the United States.  The TGC Plus Service may be available in non-US locations but TGC Plus makes no representations regarding the streaming or other quality of Service in non-US locations. TGC Plus may use technologies to verify your geographic location.

 

d.    THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.

 

e.    TGC Plus Service contains some, but not all, of the course titles available on an individual course basis from TGC Plus through its retail and other channels.  We intend to continually update the TGC Plus Service, including adding to the titles available through the Service. We also reserve the right to remove titles from the Service at our discretion.  In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.

 

f.     You agree to use the TGC Plus Service, including all its features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) full course content, video or audio clips, images, screen grabs or information contained on or obtained from or through the TGC Plus Service without express written permission from TGC Plus. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the TGC Plus Service; use any robot, spider, scraper or other automated means to access the TGC Plus Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the TGC Plus Service; insert any code or product or manipulate the content of the TGC Plus Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the TGC Plus Service, including any software viruses or any other computer code, files or programs.

 

g.    The availability of TGC Plus Service course titles and TGC Plus content will change from time to time, and may vary from country to country. Some, but not all, TGC Plus Service content will be available in HD, and HD service availability is subject to your Internet service and device capabilities.  The quality of the display of the streaming aspects of the Service may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. TGC Plus makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a course lecture will vary based on a number of factors, including your location, available bandwidth at the time, course or lecture you have selected and the configuration of your viewing device.

 

h.    TGC Plus Service software is developed by, or licensed for, TGC Plus and is designed to enable streaming of content from TGC Plus through appropriate devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LICENSE AGREEMENT TERMS IN THIS AGREEMENT AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF TGC PLUS SERVICE SOFTWARE AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the TGC Plus Service. If the device you used to access your TGC Plus Service is sold, lost or stolen, please deactivate the device. If you fail to log out or deactivate your device, subsequent users may access the TGC Plus Service through your account and may be able to access or change certain of your account information. To deactivate a device, follow instructions on your My Account page on our website.   We may terminate or restrict your use of our Service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the Service.

 

7.    Passwords & Account Access

 a.     The Subscriber who created the TGC Plus Service account and whose Payment Method is charged is referred to in these Terms of Use as the Subscriber. The Subscriber has access and control over his or her TGC Plus Service account. The Subscriber's control is exercised through use of the Subscriber's password and therefore to maintain exclusive control, the Subscriber should not reveal the password to anyone. In addition, if the Subscriber wishes to prohibit others from contacting TGC Plus Customer Service and potentially altering the Subscriber's control, the Subscriber should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address and password if they use Amazon Payments) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

 

b.    In order to provide you with ease of access to your account and to help administer the TGC Plus Service, TGC implements technology that enables us to recognize you as the Subscriber and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the TGC Plus Service, which includes accessing via TGC Plus Service-ready devices or the TGC Plus Service website.

 

c.     TGC or its payment processors reserve the right to place any account on hold anytime with or without notification to the Subscriber in order to protect itself and its vendors from what it believes to be fraudulent activity or violations of these terms. TGC is not obligated to credit or discount a Subscription for holds placed on the account by either a TGC representative or by the TGC automated processes.

 

8.    Use of Information Submitted. TGC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including responses to questionnaires or through postings to the TGC Plus Service website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the TGC Plus Service or specific TGC Plus courses.  TGC is free to use any suggestions or unsolicited materials or ideas for courses without compensation of any type, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to TGC. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against TGC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is the same or substantially similar to the material or idea you sent.

 

a.     We permit you to post or send to us comments, information, ideas, concepts, reviews, or techniques and other material relating to TGC Plus and our Products and Services (each a “Response”).

 

b.    You are not permitted to post Responses that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, other personal information; misleading information regarding the origin of the Response; or a discussion of the Company’s policies or services. We do not regularly review the Responses posted on our Site.  However, we reserve the right to reject, remove or edit any such Responses at any time without notice to you. You understand and agree that we may, but are not obligated to, review Responses and may delete or remove them (without notice to you) in our sole and absolute discretion, for any reason or no reason. In addition, we may use Responses for the purposes set forth under the “Use of Responses: License Grant” section below.

 

c.     Use of Responses: License Grant

           i.   You agree to license to the Company on a worldwide, perpetual basis, and the Company is free to use, any and all comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each a “Response”), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing and advertising courses or products and creating, modifying or improving the Site, TGC Plus or our other TGC Products and Services. Furthermore, by posting any Response on our Site, submitting a Response to us via this Site, our customer call center, by mail or email, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Response submitted in any media, software or technology of any kind now existing or developed in the future.    

 

           ii.    By submitting a Response, you understand and agree that you are consenting to the release of all information provided in your response, including your rating of a product or service, to a public forum, including other users of our Site. If you do not want your Responses to be shared in a public forum, do not use the response feature on our Site.

 

 9.    Customer Support. To find more information about our Service and its features, or if you need assistance with your account, please visit our FAQ page. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

 

 10.  Use of TGC Plus Website (“Site”) Access to our TGC Plus Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site. We have the right to terminate your access to the Site if we determine that you have failed to comply with any of the provisions of these Terms of Use. You are solely responsible for keeping confidential any password you may be granted to access our Site. We advise you not to share your password, payment methods or any other information associated with our Site or your account with anyone.

 

 By accessing our Site you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the Service or associated content. In addition, the following restrictions apply to your use of our Site:

 

a. You shall not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Site;

 

b. You shall not to interfere with the servers or networks connected to any portions of our Site or to violate any of the procedures, policies or regulations of networks connected to our Site;

 

c.  You shall not to impersonate any other person while using our Site or conduct yourself in a vulgar or offensive manner while using our Site;

 

d. You shall not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site;

 

e. You shall not use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

 

f. You shall not use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with these Terms of Use;

 

g. You shall not use our Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); and

 

h. You shall not use our Site to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Site (via a denial-of-service attack or a distributed denial-of service attack); or otherwise adversely affect the operation of any computer software or hardware.

 

 11.  Use of Our Streaming Service. We provide TGC Plus Service through streaming service technology over the internet to certain devices (referred to as “Streaming Service”). We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our Streaming Service. Any description of how Streaming Service works should not be considered a representation or obligation with respect to how the Service will always work. We are constantly making adjustments to Streaming Service and often these adjustments are not completely captured within these Terms of Use.

 

a. Availability of Streaming Service:

The availability and quality of Streaming Service will change from time to time, and from country to country. The quality of Streaming Services may vary from computer to computer, and device to device, and country to country, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. Frequently starting and stopping Streaming Service will result in a minor increase to the amount of data the Company streams to you per hour. You are responsible for ensuring that you have internet access and for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges. The Company makes no representations or warranties about the quality of Streaming Service.

 

Streaming Service may be unavailable to you from time to time in connection with maintenance or for other technical or non-technical reasons, and, as a result, without prior notice to you, the TGC Plus Service ordinarily available via Streaming Service may be temporarily unavailable.

 

Some, but not all, of our TGC Plus content delivered through our Streaming Service will be in HD.  HD service availability is subject to your internet service and device capabilities.

 

b.  Initiation of Streaming Service:

The amount of time it takes to initiate Streaming Service on a device will vary based on a number of factors, including your country, your location, available bandwidth at the time, the particular Product or Service you have selected and the configuration of your device. In addition, you must be connected to the internet throughout the period in which you are accessing Streaming Service.

 

c.  Geographic Limitations:

You may access Streaming Service only in geographic locations where we offer Streaming Service. In addition, the content that may be available to watch may vary by geographic location.

 

d.  Software for Accessing Streaming Service:

Streaming Service software is licensed to the Company and is designed to enable streaming of content from the Company to certain devices. This software is licensed or sub-licensed to you by the Company pursuant to these Terms of Use and solely for the purpose of using Streaming Service and for no other purpose whatsoever. We do not warrant the performance of this software, including its continuing compatibility with our Service. You may not copy or reproduce the software nor decompile, reverse engineer, disassemble, modify or prepare derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited.

 

By using Streaming Service, you acknowledge and agree to receive, without further notice or prompting, updated versions of the software related to the Streaming Service. If you do not accept the foregoing terms, do not use the Streaming Service. We do not warrant that any of the software used and or licensed in connection with Streaming Service will be compatible with other third party software nor do we warrant that operation of Streaming Service and the associated software will not damage or disrupt other software or hardware. In addition, we do not take responsibility or otherwise warrant the performance of devices used in connection with Streaming Service, including the continuing compatibility of the device with our service. By using Streaming Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with Streaming Service. Any issues related to Streaming Service, including any system requirements, are covered and limited by these Terms of Use.

 

12.  Use of Cookies. This Site uses cookies and may also use the services of third-party providers that deploy cookies in connection with their services.  By using this Site, you consent to the placement of cookies on any device used to access our Site. See more details in our Privacy Policy.

 

13.  Consent to Cross-border Transfers.  You acknowledge that the data collected via our Site will be stored in servers located within the United States, but may be distributed worldwide. Further, you acknowledge that your personal information may, at times, be accessible by individuals located worldwide, including in countries that may not provide the same level of data protection as in your country. By providing us with your personal information, you agree and consent to our use of such data and/or personal information in accordance with our Privacy Policy, including, without limitation, the transfer of your personal information across international boundaries.

 

14.  Linking to and Links from Our Site. Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have not reviewed the content of those web sites and have no control over the content of those websites or resources, and accept no responsibility for them or for any loss, damage or effect that may arise from your use of them. We are not responsible for and do not endorse or warrant any materials, information, goods or services available through any linked websites. These third party websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully.

 

15.  Intellectual Property.

a.    Trademarks.

The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site (including but not limited to, The Great Courses, The Great Courses Plus, the torch, and the flame logo) are the registered and/or unregistered Trademarks of the Company, a Company affiliate, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Company or such third party that may own the displayed Trademarks. Other trademarks on our Site are the registered and/or unregistered trademarks of their respective owners.

 

b. Site Contents and Copyright.

The text, Trademarks, logos, images, graphics, photos, video files, audio files, application functionality, or any other digital media associated with TGC, made available through our Site and their arrangement on this Site (“Company Intellectual Property”) are owned by the Company, or are licensed to the Company, and are subject to patent, copyright, trademark and other intellectual property protection.  Company Intellectual Property may not be copied for commercial use or distribution or public performance, nor may Company Intellectual Property be modified, processed, or reposted to other websites for commercial or public performance purposes without our prior express written permission. Access is granted to this Site solely for your use of TGC Plus Service for personal entertainment, information, education and communication with the Company. All rights in Company Intellectual Property are reserved by and to the Company. You are not permitted to capture, modify, reuse or retransmit copies of Company Intellectual Property, or to use any illustrations, photographs, video, music or audio sequences or any graphics separately from any accompanying text.  Our status (and that of any identified contributors) as the authors of material on our Site or in TGC Plus Service content must always be acknowledged.

 

c. If you print off, copy, download or otherwise use any part of our Site, our TGC Plus Service or our other Products or Services in breach of these Terms Of Use, your right to use our Site and the TGC Plus Service will cease immediately and you must, at our option, return, discontinue use, or destroy any copies of the materials you have made.  In addition, the Company reserves all rights to pursue any and all of its available legal remedies to address and remedy the breach.

 

16.  Copyrights and Digital Millennium Copyright Agents.

a.     Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site or associated with the TGC Plus Service. Our copyright agent is our Manager/Legal & Contract Services, who can be reached at: 4840 Westfields Blvd. Suite 400, Chantilly, Va. 20151 or via email at legal@teachco.com

 

 b.    DMCA Infringement Notification.

To be effective, your infringement notification must include the following:

 

     (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

     (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

     (iii)   Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;

 

     (iv) Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;

 

     (v) The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and

 

     (vi) The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

 

Upon receipt of the written notification containing the information as outlined in (i) through (vi) above:

     A. We will remove or disable access to the content that is alleged to be infringing;

 

     B. We will forward the written notification to the alleged infringer; and

 

     C. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

 

c.     DMCA Infringement Counter Notification

Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Company, the alleged infringer will have the opportunity to respond to Company with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Company’s designated copyright agent, and must include the following:

 

     (i) A physical or electronic signature of the person providing the Counter Notification;

 

     (ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

 

     (iii) The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;” and

 

    (iv) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

 

Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in (i) through (iv) above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.

 

17. Disclaimers/Limitations of Liability/Indemnity

a.  Disclaimers of Warranties and Limitations of Liability

 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ON OUR SITE, TGC PLUS SERVICE AND OUR PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO TGC PLUS SERVICE, OUR SITE, OUR PRODUCTS, AND ANY AND ALL SOFTWARE ASSOCIATED THEREWITH. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF TGCPLUS, OUR PRODUCTS OR OUR STREAMING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF TGC PLUS SERVICE, OUR PRODUCTS OR OUR STREAMING SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF DEVICES IN CONNECTION WITH TGC PLUS SERVICE, OUR PRODUCTS OR OUR STREAMING SERVICE. WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF STREAMING SERVICE, (II) DELIVERY AND OR DISPLAY OF ANY CONTENT CONTAINED ON OUR SITE OR OTHERWISE THROUGH STREAMING SERVICE; AND (III) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE PRODUCTS OR SERVICES PROVIDED ON OUR SITE, THROUGH STREAMING SERVICE OR OTHERWISE, INCLUDING ANY LOSSES OR DAMAGES ARISING FROM DOWNLOADING OF RELATED SOFTWARE, DOWNLOADING AND/OR USE OF ANY OTHER SOFTWARE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ON OUR SITE, TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR GUARANTEE THAT YOUR USE OF OUR PRODUCTS OR THE STREAMING SERVICE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON THE COMPANY.

 

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF TGC PLUS SERVICE, OUR PRODUCTS OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE TGC PLUS SERVICE, OUR PRODUCTS OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH EXCEED THE SUBSCRIPTION PRICE OF THE TGC PLUS SERVICE YOU PURCHASED. IN THE EVENT THAT A CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, OUR TOTAL LIABILITY TO YOU FOR ANY RELATED DAMAGES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE Privacy Policy, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY TO THE COMPANY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. For New Jersey Residents: Nothing herein restricts your ability to recover damages or attorneys' fees where mandated by statute.

 

Commentary, testimonials, reviews, and other materials posted on our Site along with the Products and Services themselves are not intended to constitute guarantees or advice on which reliance should or can be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

 

b.  Indemnity

 

You agree to defend, indemnify and hold harmless the Company, its parent,, its affiliates and subsidiaries, and its and their officers, directors, employees, contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of TGC Plus Service; (ii) your use of and access to the Site; (iii) your violation of any term of these Terms of Use; (iv) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (v) any claim that any Response submitted by you causes damage to a third party. This defense and indemnification obligation will continue during and after your Subscription Term and will survive your use of TGC Plus Service and this Site.

 

18. Transfer of Rights and Obligations

These Terms of Use are binding on you and the Company and on our respective successors and assigns.

 

You may not transfer, assign, change, or otherwise dispose of these Terms of Use, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms of Use, or any of our rights or obligations arising under them, at any time.

 

19. Waiver 

If we fail, at any time to insist upon strict performance of any of your obligations under our agreement with you or any of these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

 

No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

20.  Severability 

If any of these Terms of Use or any provisions of our agreement(s) with you are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. The foregoing shall not apply to the prohibition against class or collective actions as provided for below. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.

 

21.  Notice and Consent to Electronic Communications

When you visit this Site or send e-mails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically, including, without limitation, e-mail and text messages. We may communicate with you by e-mail, text messaging or by posting notices to your account on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.

 

In order to receive the electronic confirmation of your enrollment in the TGC Plus Service, you must have access to a personal computer with a 128-bit JavaScript enabled browser, internet access and a valid electronic mail account supported by software that enables you to receive electronic communications. In order to store electronic communications from us, you will need a printer connected to your computer or a hard drive or disk drive to download the electronic confirmation communication for storage on your computer.

 

22.  Dispute Resolution and Binding Arbitration Agreement 

Please Read the Following Provisions in this Section 22 Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court 

 

a.  Applicability. All claims arising out of or relating to these Terms of Use (including its formation, performance and breach) and the Service shall be finally settled by binding arbitration, excluding any rules or procedures governing or permitting class actions.  Subject to the exceptions set forth in this Section 22, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Federal Arbitration Act.   

 

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.  The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. 

 

 

b.  Informal Disputes Resolution. Both the Company and the Subscriber shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. You and we agree to personally meet and confer telephonically or via videoconference in a good faith effort to resolve informally any dispute prior to either party initiating a lawsuit or arbitration (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference, as will at least one of our corporate representatives. The party initiating a dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 60 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party sends a Notice, even if the same law firm or group of law firms represents multiple users in similar cases; unless all parties agree, multiple individuals initiating a dispute cannot participate in the same Informal Dispute Resolution Conference. If we have a dispute with you, we will send Notice to your billing address and/or email address you have provided to us. If you have a dispute with us, you will send Notice to us in writing at the following email and physical address: legal@teachco.com, or 4840 Westfields Blvd., Suite 400, Chantilly, VA  20151, Attn:  Legal Department using the subject line “Informal Dispute Resolution Conference.” Your Notice must be individual to you and must include, as applicable, your name, email address, and your residential address. The Notice also must describe the dispute, explain the facts of the dispute as you understand them, and tell us what you want us to do to resolve the problem. A Notice will not be valid, will not commence the time period for the Informal Dispute Resolution Conference, and will not allow you or us later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. Engaging in the Informal Dispute Resolution Conference is a mandatory condition precedent and requirement that must be fulfilled before commencing arbitration. If either of us commences an arbitration without having previously provided a valid and compliant Notice, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it participated in an Informal Dispute Resolution Conference after sending Notice as required by this paragraph. If either party violates this Initial Dispute Resolution paragraph, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration. The statute of limitations and all filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this paragraph.

 

c. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

d.  Exceptions.

i.  Litigation of Small Claims Court Claims or enforcement actions.  Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction to the extent such claims do not seek equitable relief.

ii. Intellectual Property, Trade Secrets, and Moral Rights. Either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).   

 

iii. Mass Arbitration. 

• Mass Arbitration Defined. If 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall be administered by NAM, a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “NAM Rules”), and under the rules set forth in this Agreement. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/or by calling 1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at https://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. The individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed.  
   
   
• Appointment of Procedural Arbitrator. You and we agree to cooperate in good faith to implement the Mass Arbitration process to minimize the time and costs of arbitration. Those steps include, but are not limited to (1) the appointment of a Procedural Arbitrator to implement agreements by the parties to efficiently and cost-effectively manage the Mass Arbitration and to rule on proposals by the parties for the efficient and cost-effective management of the Mass Arbitration to the extent the parties cannot agree; and (2) the adoption of an expedited calendar for the arbitration proceedings. 

 

e.  Thirty Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 22 by sending written notice of your decision to opt-out to the following address: The Teaching Company Sales, LLC, 4840 Westfields Blvd., Suite 400, Chantilly, VA  20151, Attn:  Legal Dept./Arbitration Opt-Out.  The notice must be sent within thirty (30) days of the date you have agreed to the Terms of Use, whether based on your initial use of the Site or Subscription Service your continued use after the effective date of these Terms of Use;  otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above.  If you elect to opt-out of these arbitration provisions, the Company also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.  If we terminate your use of the Service, we will provide you with a pro-rata refund of any fees you have already paid for the applicable subscription period, and which have not been used in connection with the Service.  

 

23. Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to contactus@thegreatcouresplus.com. Users may also contact us by writing to The Teaching Company, LLC dba TGC Plus, 4840 Westfields Blvd., Suite 400 Chantilly, VA  21051. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

24.  Entire Agreement

These Terms of Use and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.

 

Effective: June 4, 2024

Welcome to The Great Courses Plus!   The Great Courses Plus is a subscription service that provides our Subscribers with access to The Great Courses and educational media, arts and crafts, documentaries, and other content types, which are streamed over the Internet to certain Internet-connected TVs, computers, smartphones and other devices. The TGC Plus service supports most major and current browsers.  Additiionally, the TGCPlus Service also provides access to a customer's digital library as purchased from www.thegreatcourses.com website. If you have any questions regarding technical requirements, please contact us at: ContactUs@thegreatcoursesplus.com 

The TGC Plus Service and this website (this “Site”) are provided by The Teaching Company Sales, LLC trading as The Great Courses (“TGC” or “the Company”).  We are located at 4840 Westfields Blvd., Suite 400, Chantilly, VA 20151-2299. If you would like information on how to contact us, click Contact Us. 

These Terms of Use govern your use of our Subscription Service and this Site. As used in these Terms of Use, "The Great Courses Plus" the "TGC Plus Service" or "our Service" means the subscription streaming service provided by The Great Courses for viewing our courses and content, including all features and functionalities, website, software, apps and user interfaces.  A “Subscriber” is defined as a The Great Courses Plus customer who has agreed to these terms, subscribed to either a monthly, annual or other length The Great Courses Plus Subscription, and/or created a The Great Courses Plus account.  For purposes of these Terms of Use, a “Subscriber” includes end users who have enrolled in a free trial or other promotional offer permitting use of or access to the The Great Courses Plus Service. 

1. Acceptance of Terms of Use 

These Terms of Use, which include our Privacy Policy govern your use of the TGC Plus service and this Site. By using our Service, enjoying a free trial, visiting this Site, creating an account or browsing the TGC Plus Service, you accept and agree to these Terms of Use. 

Please read these terms carefully before you submit your order to us. These Terms of Use tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.      

If you do not agree to these Terms of Use, do not use the Service. 

  

2. Changes to Terms of Use. The Company may, from time to time, change these Terms of Use, including the Privacy Policy.  Revisions shall be effective immediately; provided however, for existing Subscribers significant and material revisions, including for example changes to renewal subscription fees, shall be effective thirty (30) days after the Company sends an email notice to the Subscriber. 

If a change to these Terms of Use needs to be made more quickly for security, legal or regulatory reasons we will inform Subscribers as soon as we can. 

3. Your use and our provision of the TGC Plus Service is subject to the TGC Plus Privacy Policy, which is incorporated herein and set forth in our Privacy Policy.  Our use of any personal data we obtain from you is subject to our Privacy Policy. 

4. Communication Preferences.  The Company, our partners and/or vendors, as necessary, may send you electronic communications relating to your subscription account and any other information necessary in order to carry out our obligations (please see our Privacy Policy for details). These communications may involve sending emails to your email address provided during registration, sending messages to your mobile devices via our apps or via SMS text messages, posting communications on the Site, or on the "My Account” page and will include notices about your account (e.g., payment authorisations, confirmation e-mails, legal notices and other transactional information, etc.).  By using TGC Plus, this Site, or sending emails to us (or, if you are an Australian Subscriber, if you opt-in upon registration or later), you also consent to receiving electronic communications relating to the Company’s products and services and receiving other communications from the Company or our partners and vendors, such as emails, catalogues, direct mail, special offers, promotional announcements and customer surveys. If you no longer want to receive these communications, you may designate your preferences by going to the My Account page on our website. Please review our Privacy Policy for further detail on our marketing communications. 

  

5. The Great Courses Plus Subscription, Free Trials, Billing and Cancellation

     A. Subscriptions

          i. Monthly Memberships.Your TGC Plus Monthly Membership, which may start with a free trial, will continue month-to-month unless and until you affirmatively cancel your Membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (“Payment Method”) as such may be updated from time to time, to use the TGC Plus Service. We will bill the monthly Membership fee to your Payment Method. You must cancel your Membership before it renews each month in order to avoid billing of the next month's Membership fees to your Payment Method. 

          ii. Quarterly Memberships. Your TGC Plus Quarterly Membership, which may start with a free trial, will continue every 3 months unless and until you affirmatively cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (“Payment Method”) as such may be updated from time to time, to use the TGC Plus Service. We will bill the quarterly membership fee to your Payment Method. You must cancel your membership before it renews each quarter in order to avoid billing of the next 3 month’s Subscription fees to your Payment Method. 

          iii. Annual Memberships.  Your TGC Plus Annual Membership will continue for a full twelve (12) month period, and thereafter will continue and renew automatically for additional twelve (12) month periods unless and until you affirmatively cancel your Membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted Payment Method to use the TGC Plus Service. We will bill the annual Membership fee to your Payment Method, and will bill renewal term invoices to your Payment Method prior to the expiration of your current Membership term. You must cancel your Membership before it renews each year in order to avoid billing of the next year’s Membership fees to your Payment Method.   

• Differing Memberships.  We may offer a number of Membership plans, including special promotional plans or Memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Membership with TGC Plus by visiting the Site and clicking on the "My Account" page link. Some promotional Membership are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. 
• Modification, termination or amendment of Membership plans. We reserve the right to modify, terminate or otherwise amend the Membership plans we offer from time to time. 

  

     B.  Free Trials   Your TGC Plus Subscription may start with a free trial. The free trial period of your Subscription is specified during sign-up. If you cancel during the free trial period, access to The Great Courses Plus will continue until the end of the Free Trial period. For combinations with other offers, restrictions may apply. Free trials are for new Subscribers only. Some TGC Plus Subscriber benefits may not be available to persons enjoying free trial service.  The Company reserves the right, in its absolute discretion, to determine your free trial eligibility.    

          i. We will automatically begin billing your Payment Method for Subscription fees at the end of the free trial period of your Subscription unless you cancel prior to the end of the free trial period. To view the specific details of your Subscription, including your monthly, annual, or other Subscription price and end date of your free trial period, visit the My Account page. We may authorise your Payment Method through various methods, including authorising it up to one (1) month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorisation during your free trial period. 

• YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL PERIOD HAS ENDED OR THAT THE PAYING PORTION OF YOUR SUBSCRIPTION HAS BEGUN. CLICK YOUR LOGIN LINK AT THE TOP RIGHT OF THIS SITE AND SELECT “MY ACCOUNT” TO FIND CANCELLATION INSTRUCTIONS. WE WILL CONTINUE TO BILL YOUR PAYMENT METHOD ON A MONTHLY, ANNUAL OR OTHER BASIS FOR YOUR SUBSCRIPTION FEE UNTIL YOU CANCEL. SEE "CANCELLATION" BELOW. 

  

    C. Billing   

          i. Recurring Billing.  By starting your TGC Plus Subscription and providing or designating a Payment Method, you authorise us to charge you a monthly or annual (or other applicable period) Subscription fee at the then current Subscription rate, and any other charges you may incur in connection with your use of the TGC Plus Service. You acknowledge that the amount billed each month, or each year (as applicable), may vary from month to month (or year to year) for reasons that may include differing amounts due to applicable taxes, promotional offers, and/or changing or adding a plan, and you authorise us to charge your Payment Method for such varying amounts, which may be billed monthly, annually or other applicable period in one or more charges. 

          ii. Price Changes.  We reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your Service will take effect no earlier than 30 days following email notice to you. 

• Applicable sales/service or value added taxes are included in advertised prices for the TGC Plus Service, and will be applied as applicable in those provinces, states and countries where taxes apply to your Subscription. 

          iii.  Billing Cycle.  The Subscription fee for our TGC Plus Service will be billed at the beginning of the paying portion of your Subscription and each month, each quarter or year thereafter (as applicable) unless and until you cancel your Subscription. We automatically bill your Payment Method each month, each quarter or year on the calendar day corresponding to the commencement of your paying Subscription. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying Subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your TGC Plus monthly Subscription or became a paying Subscriber on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Visit the Site and click on the link to the “My Account” page Billing Information section to see the commencement date for your next renewal period and your “Next Billing Date”. We may authorise your Payment Method in anticipation of Subscription or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle. 

           iv.  No Refunds. PAYMENTS FOR THE GREAT COURSES PLUS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.  THE COMPANY’S “LIFETIME SATISFACTION GUARANTEE” PROGRAM FOR ITS NON-SUBSCRIPTION PRODUCTS DOES NOT APPLY TO THE TGC PLUS SERVICE.   Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. 

           v. Payment.  You may edit your Payment Method information by visiting our Site and clicking on the “My Account " page link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. We may also cancel or suspend your access to the TGC Plus Service if you do not pay us as required by your subscription terms.   

    D. Cancellation. You may cancel your TGC Plus Subscription at any time, and you will continue to have access to the TGC Plus Service through the end of your monthly, quarterly, or annual billing period, as applicable. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL YEAR SUBSCRIPTION PERIODS OR UNWATCHED CONTENT. THE COMPANY’S “LIFETIME SATISFACTION GUARANTEE” PROGRAM FOR ITSNON-SUBSCRIPTION PRODUCTS DOES NOT APPLY TO THE TGC PLUS SERVICE.  To cancel, go to the “My Account” page link on our Site and follow the instructions for cancellation.   

If you cancel your Subscription, your account will automatically close at the end of your current billing period. To see when your account will close, visit the My Account  page. If you signed up for the TGC Plus Service using your account with a third party as a Payment Method, and wish to cancel your TGC Plus Subscription at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the TGC Plus Service through that third party. You may also find billing information about your TGC Plus Subscription by visiting your account with the applicable third party. 

For certain products bought online you may have a legal or statutory right to change your mind within 14 days and receive a refund. However, you agree that if you click the Subscribe Now button to purchase your subscription, you have consented to the immediate start of your TGC Plus Subscription and that you will lose your legal right of cancellation and refund.  This does not affect your rights to cancel as described in these Terms of Use.    

    

6.  Other Important TGC Plus Subscription Service Terms 

You must be 18 years of age, or the age of majority in your state, province, territory or country, to subscribe to the TGC Plus Service. Individuals under the age of 18, or applicable age of majority, may utilise the Service only with the involvement and authorisation of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. 

1. THE GREAT COURSES PLUS SERVICE, AND ANY CONTENT VIEWED THROUGH OUR SERVICE, IS AVAILABLE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. During your TGC Plus Subscription, we grant you a limited, non-exclusive, non-transferable, license to access the TGC Plus Service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Service for commercial purposes, public performances, conferences, classrooms or large group viewings, and agree not to share or transfer your Account Login information with any third party. For information on a license to enable commercial use, public performance or large group viewings, please contact us by email at ContactUs@thegreatcoursesplus.com. 
2. You may view the TGC Plus Service only in geographic locations where we offer our service and have licensed TGC Plus content. The content that may be available to watch may vary by geographic location. The TGC Plus Service is offered in English and TGC Plus may use technologies to verify your geographic location. 
3. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED to no more than five (5) streams and ten (10) devices. The number of devices available for use and the simultaneous streams may change from time to time at our discretion. 
4. The TGC Plus Service contains some, but not all, of the course titles available on an individual course basis from the Company’s retail and other channels. We intend to continually update the TGC Plus Service, including adding to the titles available through the Service. We also reserve the right to remove titles from the Service at our discretion.  In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. 
5. You agree to use the TGC Plus Service, including all its features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms of Use) course content, video or audio clips, images, screen grabs or information contained on or obtained from or through the TGC Plus Service without express written permission from TGC. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the TGC Plus Service; use any robot, spider, scraper or other automated means to access the TGC Plus Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the TGC Plus Service; insert any code or product or manipulate the content of the TGC Plus Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the TGC Plus Service, including any software viruses or any other computer code, files or programs. 
6. The availability of TGC Plus Service course titles and TGC Plus content will change from time to time, and may vary from country to country. Some, but not all, TGC Plus Service content will be available in HD, and HD service availability is subject to your Internet service and device capabilities. The quality of the display of the streaming aspects of the Service may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching a course lecture will vary based on a number of factors, including your location, available bandwidth at the time, course or lecture you have selected and the configuration of your viewing device. We are not responsible for quality issues that are the fault of your third-party service providers (for example your Internet service provider, mobile network operator or cable provider).
7. TGC Plus Service software is developed by, or licensed for, TGC and is designed to enable streaming and other digital service of content from TGC Plus through appropriate devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LICENSE AGREEMENT TERMS IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the TGC Plus Service. If the device you used to access your TGC Plus Service is sold, lost or stolen, please deactivate the device. If you fail to log out or deactivate your device, subsequent users may access the TGC Plus Service through your account and may be able to access or change certain of your account information. To deactivate a device, follow instructions in the Device Management section of the My Account page on our Site.
8. We may terminate or restrict your use of TGC Plus, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of TGC Plus. 

  7. Passwords & Account Access 

1. In order to access and use certain features or functionality of the Site, including accessing TGC Plus, we will require you to register and have a unique username and password combination (“User Credentials”) and provide certain information, which may include, without limitation, your name, address and email, etc. If you elect to become a registered user or a Subscriber, you are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of this Site by you or by any person or entity using your User Credentials, whether or not such access or use has been authorised by you or on your behalf, including, without limitation, any purchases.  You agree to immediately notify us of any unauthorised use of your User Credentials or Account, or any other breach of security.  It is your sole responsibility to (i) control the dissemination and use of your User Credentials and User Account, (ii) update and maintain the accuracy of, and control access to, your User Credentials and Account, and (iii) cancel your User Account on the Site.  We are not responsible or liable for any loss that you incur as a result of someone else using your User Credentials and/or Account due to your acts or omissions. 
2. In order to provide you with ease of access to your account and to help administer the TGC Plus Service, TGC implements technology that enables us to recognise you as the Subscriber and provide you with direct access to your Account without requiring you to retype any password or other user identification when you revisit the TGC Plus Service, which includes accessing via TGC Plus-ready devices or the TGC Plus website. 
3. TGC or its payment processors reserve the right to place any account on hold anytime with or without notification to the Subscriber in order to protect itself and its vendors from what it believes to be fraudulent activity or violations of these Terms of Use. TGC is not obligated to credit or discount a Subscriber for holds placed on the account by either a TGC representative or by the TGC Plus automated processes due to improper or fraudulent Subscriber activity. 

8. Content Uploaded To The Site or Provided To Us Directly. The TGC Plus Site and related mobile applications may make chat rooms, forums, commenting and message boards available to you and other users, and may allow you to make contact with other users. You may send comments, information, ideas, concepts, reviews, or techniques and other material relating to TGC Plus and our content and Services (“Responses”) directly to us by any method including via the aforementioned chat rooms, forums, commenting and message board, by responding to questionnaires and through postings to the TGC Plus Site and user interfaces. Your Responses must not contain harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, other personal information; misleading information regarding the origin of the Response; or a discussion of the Company’s policies or services. 

We do not regularly review the Responses posted on our Site or related mobile applications.  However, we reserve the right to review, reject, remove or edit any such Responses at any time without notice to you in our sole and absolute discretion, for any reason or no reason. Any Response will be considered non-confidential and non-proprietary and we may use Responses for the purposes set forth under the “Use of Responses: License Grant” section below. 

9. Use of Responses: License Grant.  The Company is free to use the content of any Responses, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing/advertising courses or products and creating, modifying or improving the Site, TGC Plus Service or our other TGC products and services. 

Furthermore, by providing a Response to us by any method, including but not limited to, posting a Response on our Site, submitting a Response to us via the Site, our customer call center, by mail or email, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Response submitted in any media, software or technology of any kind now existing or developed in the future. In addition, you irrevocably waive all moral rights you may have under applicable law which you have in the Responses. 

TGC is free to use any suggestions or unsolicited materials or ideas for courses without compensation of any type, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to TGC. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against TGC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is the same or substantially similar to the material or idea you sent. 

By providing a Response, you understand and agree that you are consenting to the release of all information provided in your Response, including your rating of a product or service, to a public forum, including other users of our Site. If you do not want your responses to be shared in a public forum, do not use the response feature on our Site.   

  

10. Customer Support.To find more information about our Service and its features, or if you need assistance with your account, please visit our FAQs In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will prevail. 

  

11. Use of The TGC Plus Website (“Site”) We may have to suspend access to the Site, or the Service, to address technical problems or make minor technical changes, or update the Service to reflect changes in relevant laws and regulatory requirements. We will do our best to contact you in advance to tell you we will be suspending supply of the TGC Plus Service, unless the problem is urgent or an emergency.     

By accessing our Site you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the Service or associated content. In addition, the following restrictions apply to your use of our Site: 

1. You shall not upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Site;
2. You shall not interfere with the servers or networks connected to any portions of our Site or violate any of the procedures, policies or regulations of networks connected to our Site;
3. You shall not impersonate any other person while using our Site or conduct yourself in a vulgar or offensive manner while using our Site;
4. You shall not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site;
5. You shall not use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6. You shall not use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with these Terms of Use;
7. You shall not use our Site to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
8. You shall not use our Site to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Site (via a denial-of-service attack or a distributed denial-of service attack); or otherwise adversely affect the operation of any computer software or hardware; 
9. You shall not use our Site in any way that breaches any applicable local, national, or international law, rule or regulation; 

By breaching this section, you may be committing a criminal offence under applicable law. We reserve the right to report any such breach to the relevant law enforcement authorities in the event of such breach and to cooperate with those authorities (e.g. by disclosing your identity to them). In the event of such a breach, your right to use our Site will cease immediately.

12. Use of Our Streaming Service 

We provide the TGC Plus Service through streaming service technology over the internet to certain devices (referred to as “Streaming Service”). We reserve the right in our sole discretion to make changes from time to time and without notice in how we operate our Streaming Service. Any description of how Streaming Service works should not be considered a representation or obligation with respect to how the Service will always work. We are constantly making adjustments to Streaming Service and often these adjustments are not completely captured within these Terms of Use. 

(a) Availability of Streaming Service: 

The availability and quality of Streaming Service will change from time to time, and from country to country. The quality of Streaming Services may vary from computer to computer, and device to device, and country to country, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. Frequently starting and stopping Streaming Service will result in a minor increase to the amount of data the Company streams to you per hour. You are responsible for ensuring that you have internet access and for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges.  We are not responsible for (and we make no representations or warranties in relation to) quality issues that are the fault of your third-party service providers (for example your Internet service provider, mobile network operator or cable provider).   

Some, but not all, of our TGC Plus content delivered through our Streaming Service will be in HD.  HD service availability is subject to your internet service and device capabilities. 

(b) Initiation of Streaming Service: 

The amount of time it takes to initiate Streaming Service on a device will vary based on a number of factors, including your country, your location, available bandwidth at the time, the particular content or Service you have selected and the configuration of your device. In addition, you must be connected to the internet throughout the period in which you are accessing Streaming Service. 

(c) Software for Accessing Streaming Service: 

Streaming Service software is licensed to the Company and is designed to enable streaming of content from the Company to certain devices. This software is licensed or sub-licensed to you on a limited, non-exclusive, non-sublicenseable, non-transferable basis by the Company pursuant to these Terms of Use and solely for the purpose of using Streaming Service for your personal non-commercial use and for no other purpose whatsoever. You may not disable, override or circumvent any content protection or infringement prevention technology used with any TGC Service. You may not copy or reproduce the software nor decompile, reverse engineer, disassemble, modify or prepare derivative works of any of the software, or any portion thereof. You may not remove any copyright, TGC branding or other proprietary notices or use or access any of our (or our licensor’s) software in any way which implies an association or affiliation with any of our brands or services. Any unauthorised use of the software is strictly prohibited. By accessing and using our software, content or services, you agree that your access and use of the same will comply with the requirements in this section 12(c) and these Terms of Use.  By using Streaming Service, you acknowledge and agree to receive, without further notice or prompting, updated versions of the software related to the Streaming Service. If you do not accept the foregoing terms, do not use the Streaming Service. We do not warrant that any of the software used and or licensed in connection with Streaming Service will be compatible with other third party software. In addition, we do not take responsibility or otherwise warrant the performance of devices used in connection with Streaming Service, including the continuing compatibility of the device with our service. By using Streaming Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with Streaming Service. Any issues related to Streaming Service, including any system requirements, are covered by these Terms of Use. 

13. Linking to and Links from Our Site 

Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have not reviewed the content of those websites and have no control over the content of those websites or resources, and accept no responsibility for them or for any loss, damage or effect that may arise from your use of them. We are not responsible for and do not endorse or warrant any materials, information, goods or services available through any linked websites. These third-party websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. 

  

14. Intellectual Property 

The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site (including but not limited to, The Great Courses, The Teaching Company, the torch logo and the flame design logo) are the registered and/or unregistered Trademarks of the Company, a Company affiliate, or such other third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Company or such third party that may own the displayed Trademarks. 

(a) Site Contents and Copyright. 

The text, Trademarks, logos, images, graphics, photos, video files, audio files, application functionality, or any other digital media associated with TGC, made available through our Site and their arrangement on this Site (“Company Intellectual Property”) are owned by the Company, or are licensed to the Company, and are subject to patent, copyright, trademark and other intellectual property protection.  Company Intellectual Property may not be copied for commercial use or distribution or public performance, nor may Company Intellectual Property be modified, processed, or reposted to other websites for commercial or public performance purposes without our prior express written permission. Access is granted to this Site solely for your use of TGC Plus for personal entertainment, information, education and communication with the Company. All rights in Company Intellectual Property are reserved by and to the Company. You are not permitted to capture, modify, reuse or retransmit copies of Company Intellectual Property, or to use any illustrations, photographs, video, music or audio sequences or any graphics separately from any accompanying text.  Our status (and that of any identified contributors) as the authors of material on our Site or in TGC Plus content must always be acknowledged. 

(b) If you print off, copy, download or otherwise use any part of our Site, our TGC Plus Service or our other content or Services in breach of these Terms of Use, your right to use our Site and the TGC Plus Service will cease immediately and you must, at our option, return, discontinue use, or destroy any copies of the materials you have made.  In addition, the Company reserves all rights to pursue any and all of its available legal remedies to address and remedy the breach. 

15. Copyright Infringement. We have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site or associated with the TGC Plus Service. Our copyright agent is our General Counsel, who can be reached at: 4840 Westfields Blvd. Suite #400, Chantilly, Va. 20151 or via email at legal@teachco.com. 

(a) Infringement Notification. 

To be effective, your infringement notification must include the following: 

(i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; 

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 

(iii)   Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material; 

(iv) Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted; 

(v) The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law”; and 

(vi) The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.” 

Upon receipt of the written notification containing the information as outlined in (i) through (vi) above: 

1. We will remove or disable access to the content that is alleged to be infringing; 
2. We will forward the written notification to the alleged infringer; and 
3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content. 

16. Disclaimers/Limitations of Liability/Indemnity 

(a) Disclaimers of Warranties and Limitations of Liability 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or agents; for fraud or fraudulent misrepresentation; or for breach of your mandatory legal rights in relation to the products.  Such legal rights will depend on consumer protection law applicable in your local jurisdiction but may include, for example, rights to receive digital content which are as described and of satisfactory quality.  

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED WITHIN THESE TERMS OF USE OR ON OUR SITE, THE COMPANY AND OUR PRODUCTS, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE TGC PLUS SERVICE, OUR SITE, OUR PRODUCTS, OUR CONTENT, OR ANY SOFTWARE ASSOCIATED THEREWITH. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TGC PLUS SERVICE, OUR PRODUCTS, CONTENT OR OUR STREAMING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY MODIFY ANY OR ALL ASPECTS OF THE TGC PLUS SERVICE, OUR PRODUCTS, CONTENT OR OUR STREAMING SERVICE, INCLUDING FEATURES IN ACCORDANCE WITH THESE TERMS OF USE. 

THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF DEVICES IN CONNECTION WITH THE TGC PLUS SERVICE, OUR PRODUCTS, CONTENT OR OUR STREAMING SERVICE. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: 

• ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF STREAMING SERVICE DUE TO CAUSES OUTSIDE OUR CONTROL; 
• ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE PRODUCTS, CONTENT OR SERVICES PROVIDED ON OUR SITE, THROUGH STREAMING SERVICE OR OTHERWISE; 
• ANY USE OF THE TGC PLUS SERVICE OR THE SITE WHICH ISN'T AUTHORIZED BY US; 
• INCOMPATIBILITY OF THE TGC PLUS SERVICE OR CONTENT WITH ANY THIRD-PARTY SOFTWARE OR HARDWARE; AND 
• ANY ACT, OMISSION OR DEFAULT OF ANY THIRD-PARTY SUPPLIER, INTERNET SERVICE PROVIDER, MOBILE DATA PROVIDER, DEVICE MANUFACTURER OR PROVIDER OF A DEVICE OPERATING SYSTEM, INCLUDING QUALITY ISSUES. 

EXCEPT AS REQUIRED BY LAW OR OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR ON OUR SITE, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES. WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR USE OF OUR PRODUCTS, CONTENT OR THE STREAMING SERVICE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN AUTHORISED REPRESENTATIVE OF THE COMPANY SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON THE COMPANY. 

IN NO EVENT SHALL THE COMPANY, OR ITS AFFILIATES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE TGC PLUS SERVICE, OUR PRODUCTS, CONTENT OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH.   

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE TGC PLUS SERVICE, OUR PRODUCTS OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH EXCEED THE TOTAL AMOUNT OF THE SUBSCRIPTION FEES YOU HAVE PAID TGC. IN THE EVENT THAT A CLAIM DOES NOT RELATE TO A PRODUCT, CONTENT OR A SERVICE, OUR TOTAL LIABILITY TO YOU FOR ANY RELATED DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE SUBSCRIPTION FEES YOU HAVE PAID TGC.   

FOR AUSTRALIAN SUBSCRIBERS: NOTWITHSTANDING ANY OTHER TERM IN THESE TERMS OF USE (INCLUDING THIS SECTION 16) OUR SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO TERMINATE YOUR SUBSCRIPTION AND RECEIVE A REFUND TO THE UNUSED SUBSCRIPTION PERIOD OR KEEP THE SUBSCRIPTION AND RECEIVE COMPENSATION FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE SERVICES FIXED IF THE SERVICES FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE. 

IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY TO THE COMPANY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. 

We only supply the products for private use. If you use the products for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 

Commentary, testimonials, reviews, and other materials posted on our Site along with the Products and Services themselves are not intended to constitute guarantees or advice on which reliance should or can be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material. 

(e) Indemnity 

You agree to defend, indemnify and hold harmless the Company, its parent, affiliates and subsidiaries, and its and their officers, directors, employees, contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your negligent use of the Service or the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (iv) any claim that any Response submitted by you causes damage to a third party. This defense and indemnification obligation will continue during and after your Subscription Term and will survive your use of the TGC Plus Service and this Site. 

17. Transfer of Rights and Obligations 

These Terms of Use are binding on you and the Company and on our respective successors and assigns. 

You may not transfer, assign, change, or otherwise dispose of these Terms of Use, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms of Use, or any of our rights or obligations arising under them, at any time. 

  

18. Waiver 

If we fail, at any time to insist upon strict performance of any of your obligations under our agreement with you or any of these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.  No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. 

  

19. Severability 

If any of these Terms of Use or any provisions of our agreement(s) with you are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. 

20. Law and Jurisdiction 

Agreements for the purchase of the TGC Plus Service or other Company products and Services through our Site, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the state of New York, USA, without regard to conflict of law provisions, and shall be subject to the non-exclusive jurisdiction and venue of the federal and state courts located in Fairfax County, Virginia, USA. 

21. Complaints   

If you have a complaint, or would like to communicate with us, please contact us directly at ContactUs@thegreatcoursesplus.com. 

You can also reach us at: 

The Great Courses 

c/o The Teaching Company Sales, LLC 

4840 Westfields Blvd. 

Suite 500 

Chantilly, Virginia USA 20151 

  

Effective: October, 2017 

Revised:  June 8, 2021 

Revised:  June 4, 2024 

 

Welcome to Wondrium!  Wondrium is a subscription service that provides our Subscribers with access to Wondrium courses and educational media content streamed over the Internet to certain Internet-connected TV's, computers, smartphones and other devices. 

The Wondrium Service and this website (this “Site”) are provided by The Teaching Company Sales, LLC d/b/a Wondrium (“Wondrium” or “the Company”).  We are located at 4840 Westfields Blvd., Suite 500, Chantilly, VA 20151-2299. If you would like information on how to contact us, click Contact Us. 

These Terms of Use govern your use of our Wondrium Service and this website. As used in these Terms of Use, "Wondrium Service" "Service" or "our Service" means the subscription service provided by Wondrium for viewing our courses and content, including all features and functionalities, website, software and user interfaces. 

A “Subscriber” is defined as a Wondrium customer who has agreed to these terms, subscribed to Wondrium Subscription, and created a Wondrium account.  For purposes of these Terms of Use, a “Subscriber” includes end users who have enrolled in a free trial or other promotional offer permitting use of or access to the Wondrium Service. 

  

1. Acceptance of Terms of Use  These Terms of Use, which include our Privacy Policy govern your use of the Wondrium Service and this Site. By using our Service, enjoying a free trial, visiting this Site, or browsing the Wondrium Service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Service. 

  

2. Changes to Terms of Use.  The Company may, from time to time, change these Terms of Use, including the Privacy Policy.  Revisions shall be effective immediately; provided however, for existing Subscribers, revisions shall, unless otherwise stated, be effective thirty (30) days after posting on this Site.   

3. Your use and our provision of the Wondrium Service is subject to the Wondrium Privacy Policy, which is incorporated herein and set forth in our Privacy Policy.  Our use of any personally identifiable information we obtain from you is subject to our Privacy Policy. 

  

4. Communication Preferences. By using Wondrium, this Site, or sending emails to us, you consent to receiving electronic communications from the Company and its partners and vendors relating to your subscription account and our other Wondrium products and services. These communications may involve sending emails to your email address provided during registration, sending messages to your mobile devices via our apps or via SMS text messages, posting communications on the Site, or on your "Account Page” and will include notices about your account (e.g., payment authorizations, confirmation e-mails, legal notices and other transactional information, etc.).  You also consent to receiving certain other communications from the Company, such as emails, catalogs, direct mail, special offers, promotional announcements and customer surveys. If you no longer want to receive these communications, you may designate your preferences by going to the My Account Page on our website. Please review our Privacy Policy for further detail on our marketing communications. 

  

5. Wondrium Membership, Free Trials, Billing and Cancellation 

 A. Memberships  

      i. Monthly Memberships.Your Wondrium Monthly Membership, which may start with a free trial, will continue month-to-month unless and until you affirmatively cancel your Membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (“Payment Method”) as such may be updated from time to time, to use the Wondrium Service. We will bill the monthly Membership fee to your Payment Method. You must cancel your Membership before it renews each month in order to avoid billing of the next month's Membership fees to your Payment Method. 

     ii. Quarterly Memberships. Your Wondrium Quarterly Membership, which may start with a free trial, will continue every 3 months unless and until you affirmatively cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (“Payment Method”) as such may be updated from time to time, to use the Wondrium Service. We will bill the quarterly membership fee to your Payment Method. You must cancel your membership before it renews each quarter in order to avoid billing of the next 3 month’s Subscription fees to your Payment Method. 

    iii. Annual Memberships. Your Wondrium Annual Membership will continue for a full twelve (12) month period, and thereafter will continue and renew automatically for additional twelve (12) month periods unless and until you affirmatively cancel your Membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted Payment Method to use the Wondrium Service. We will bill the annual Membership fee to your Payment Method, and will bill renewal term invoices to your Payment Method prior to the expiration of your current Membership term. You must cancel your Membership before it renews each year in order to avoid billing of the next year’s Membership fees to your Payment Method.   

Differing Memberships. We may offer a number of Membership plans, including special promotional plans or Memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Membership with Wondrium by visiting the Site and clicking on the "My Account" page link. Some promotional Membership are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.  

 

B. Free Trials 

     i.  Your Wondrium Subscription may start with a free trial. The free trial period of your Subscription is specified during sign-up. If you cancel during the free trial period, access to The Great Courses Plus will continue until the end of the Free Trial period. For combinations with other offers, restrictions may apply. Free trials are for new Subscribers only. Some Wondrium Subscriber benefits may not be available to persons enjoying free trial service.  The Company reserves the right, in its absolute discretion, to determine your free trial eligibility.   

    ii. We will automatically begin billing your Payment Method for monthly Subscription fees at the end of the free trial period of your Subscription unless you cancel prior to the end of the free trial period. To view the specific details of your Subscription, including your monthly Subscription price and end date of your free trial period, visit the Site and click the "View Billing Details" link on your "Account Page”. We may authorize your Payment Method through various methods, including authorizing it up to one (1) month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. 

YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL PERIOD HAS ENDED OR THAT THE PAYING PORTION OF YOUR SUBSCRIPTION HAS BEGUN. CLICK YOUR LOGIN LINK AT THE TOP RIGHT OF THIS SITE (Wondrium.com) AND SELECT “MY ACCOUNT” TO FIND CANCELLATION INSTRUCTIONS. WE WILL CONTINUE TO BILL YOUR PAYMENT METHOD ON A MONTHLY OR APPLICABLE TIME PERIOD BASED ON YOUR SUBSCRIPTION MEMBERSHIP PLAN FOR YOUR SUBSCRIPTION FEE UNTIL YOU CANCEL. 

 C. Billing 

     i. Recurring Billing.By starting your Wondrium Subscription and providing or designating a Payment Method, you authorize us to charge you a monthly, quarterly or annual Subscription fee at the then current Subscription rate, and any other charges you may incur in connection with your use of the Wondrium Service. You acknowledge that the amount billed each month, each quarter or each year (as applicable), may vary for reasons that may include differing amounts due to applicable taxes, promotional offers, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. 

     ii. Price Changes.We reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your Service will take effect following email notice to you. 

Applicable sales/service or value added taxes are NOT included in advertised prices for the Wondrium Service, and will be applied as applicable in those provinces, states and countries where taxes apply to your Subscription. 

     iv. Billing Cycle.The Subscription fee for our Wondrium Service will be billed at the beginning of the paying portion of your Subscription and each month, quarter or year thereafter (as applicable) unless and until you cancel your Subscription. We automatically bill your Payment Method each month, each quarter or year on the calendar day corresponding to the commencement of your paying Subscription. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying Subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Wondrium monthly Subscription or became a paying Subscriber on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Visit the Site and click on the link to your “Account Page” Billing Information section to see the commencement date for your next renewal period and your “Next Billing Date”. We may authorize your Payment Method in anticipation of Subscription or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle. 

     v. No Refunds. PAYMENTS FOR WONDRIUM ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.  THE TEACHING COMPANY SALES, LLC’S “LIFETIME SATISFACTION GUARANTEE” PROGRAM FOR THE GREAT COURSES NON-SUBSCRIPTION PRODUCTS DOES NOT APPLY TO THE WONDRIUM SERVICE.   Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. 

     vi. Payment Methods. You may edit your Payment Method information by visiting our Site and clicking on your “Account Page" link, available at the top of the Wondrium Site. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. 

You may cancel your Wondrium Subscription at any time, and you will continue to have access to the Wondrium Service through the end of your monthly, quarterly or annual billing period, as applicable. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH. PARTIAL QUARTER OR PARTIAL YEAR SUBSCRIPTION PERIODS OR UNWATCHED CONTENT.  THE TEACHING COMPANY SALES, LLC’S “LIFETIME SATISFACTION GUARANTEE” PROGRAM FOR THE GREAT COURSES NON-SUBSCRIPTION PRODUCTS DOES NOT APPLY TO WONDRIUM.  To cancel, go to your “Account Page” link on our Site and follow the instructions for cancellation. If you cancel your Subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on your “Account Page”. If you signed up for Wondrium using your account with a third party as a Payment Method, and wish to cancel your Wondrium Subscription at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Wondrium Service through that third party. You may also find billing information about your Wondrium Subscription by visiting your account with the applicable third party. 

  

6. Other Important Wondrium Subscription Service Terms 

     A. You must be 18 years of age, or the age of majority in your state, province, territory or country, to subscribe to Wondrium Service. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement and authorization of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. 

     B. THE WONDRIUM SERVICE, AND ANY CONTENT VIEWED THROUGH OUR SERVICE, IS AVAILABLE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. During your Wondrium Subscription, we grant you a limited, non-exclusive, non-transferable, license to access the Wondrium Service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Service for commercial purposes, public performances, conferences, classrooms or large group viewings, and agree not to share or transfer your Account Login information with any third party. For information on a license to enable commercial use, public performance or large group viewings, please contact us by email at ContactUs@thegreatcoursesplus.com. 

     C. You may view the Wondrium Service only in geographic locations where we offer our service and have licensed Wondrium content. The content that may be available to watch may vary by geographic location. The Wondrium Service is offered in English and is at present primarily enabled for consumption in the United States and Canada.  The Wondrium Service may be available in other non-US locations but Wondrium makes no representations regarding the streaming or other quality of Service in other non-US locations. Wondrium may use technologies to verify your geographic location. 

     D. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion. 

     E. Wondrium Service contains some, but not all, of the course titles available on an individual course basis from the Company through its retail and other channels. We intend to continually update the Wondrium Service, including adding to the titles available through the Service. We also reserve the right to remove titles from the Service at our discretion.  In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service. 

    F. You agree to use the Wondrium Service, including all its features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) full course content, video or audio clips, images, screen grabs or information contained on or obtained from or through the Wondrium Service without express written permission from the Company. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Wondrium Service; use any robot, spider, scraper or other automated means to access the Wondrium Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Wondrium Service; insert any code or product or manipulate the content of the Wondrium Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Wondrium Service, including any software viruses or any other computer code, files or programs. 

     G. The availability of the Wondrium Service course titles and Wondrium content will change from time to time, and may vary from country to country. Some, but not all, Wondrium Service content will be available in HD, and HD service availability is subject to your Internet service and device capabilities. The quality of the display of the streaming aspects of the Service may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The Company makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a course lecture will vary based on a number of factors, including your location, available bandwidth at the time, course or lecture you have selected and the configuration of your viewing device. 

     H. Wondrium Service software is developed by, or licensed for, the Company and is designed to enable streaming of content from Wondrium through appropriate devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LICENSE AGREEMENT TERMS IN THIS AGREEMENT AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, AND IF APPLICABLE, UPDATED VERSIONS OF WONDRIUM SOFTWARE AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Wondrium Service. If the device you used to access your Wondrium Service is sold, lost or stolen, please deactivate the device. If you fail to log out or deactivate your device, subsequent users may access the Wondrium Service through your account and may be able to access or change certain of your account information. To deactivate a device, follow instructions on your My Account Page. 

We may terminate or restrict your use of Wondrium, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of Wondrium. 

7. Passwords & Account Access 

    A. In order to access and use certain features or functionality of the Site, including accessing Wondrium, we will require you to register and have a unique username and password combination (“User Credentials”) and provide certain information, which may include, without limitation, your name, address and email, etc. If you elect to become a registered user or a Subscriber, you are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of this Site by you or by any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, including, without limitation, any purchases.  You agree to immediately notify us of any unauthorized use of your User Credentials or Account, or any other breach of security.  It is your sole responsibility to (i) control the dissemination and use of your User Credentials and User Account, (ii) update and maintain the accuracy of, and control access to, your User Credentials and Account, and (iii) cancel your User Account on the Site.  We are not responsible or liable for any loss that you incur as a result of someone else using your User Credentials and/or Account. 

    B. In order to provide you with ease of access to your account and to help administer the Wondrium Service, Wondrium implements technology that enables us to recognize you as the Subscriber and provide you with direct access to your Account without requiring you to retype any password or other user identification when you revisit the Wondrium Service, which includes accessing via Wondrium-ready devices or the Wondrium website. 

   C. Wondrium or its payment processors reserve the right to place any account on hold anytime with or without notification to the Subscriber in order to protect itself and its vendors from what it believes to be fraudulent activity or violations of these Terms of Use. Wondrium is not obligated to credit or discount a Subscriber for holds placed on the account by either a Wondrium representative or by the Wondrium automated processes. 

8. Use of Information Submitted. Wondrium is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including responses to questionnaires or through postings to the Wondrium Site and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Wondrium Service or specific Wondrium courses or content.  Wondrium is free to use any suggestions or unsolicited materials or ideas for courses without compensation of any type, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Wondrium. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Wondrium and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is the same or substantially similar to the material or idea you sent. 

     A. Subject to Section 8(B) below, we permit you to send to us comments, information, ideas, concepts, reviews, or techniques and other material relating to Wondrium and our Products and Services (each a “Response”). 

     B. You are not permitted to post Responses that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, other personal information; misleading information regarding the origin of the Response; or a discussion of the Company’s policies or services. We do not regularly review the Responses posted on our Site. However, we reserve the right to reject, remove or edit any such Responses at any time without notice to you. You understand and agree that we may, but are not obligated to, review Responses and may delete or remove them (without notice to you) in our sole and absolute discretion, for any reason or no reason. In addition, we may use Responses for the purposes set forth under the “Use of Responses: License Grant” section below. 

     C.  Use of Responses: License Grant 

          i.  The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each a “Response”), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing and advertising courses or products and creating, modifying or improving the Site, Wondrium or our other Company Products and Services. Furthermore, by posting any Response on our Site, submitting a Response to us via this Site, our customer call center, by mail or email, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Response submitted in any media, software or technology of any kind now existing or developed in the future. 

         ii. By submitting a response, you understand and agree that you are consenting to the release of all information provided in your response, including your rating of a product or service, to a public forum, including other users of our Site. If you do not want your responses to be shared in a public forum, do not use the response feature on our Site. 

 9. Customer Support.  To find more information about our Service and its features, or if you need assistance with your account, please visit our FAQ page (thegreatcoursesplus.com/faq). In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control. 

  

10. Use of The Wondrium Website (“Site”) 

Access to our Wondrium Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site. We have the right to terminate your access to the Site if we determine that you have failed to comply with any of the provisions of these Terms of Use. You are solely responsible for keeping confidential any password you may be granted to access our Site. We advise you not to share your password, payment methods or any other information associated with our Site or your account with anyone. 

By accessing our Site you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the Service or associated content. In addition, the following restrictions apply to your use of our Site:  
 
(a) You shall not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Site; 

(b) You shall not to interfere with the servers or networks connected to any portions of our Site or to violate any of the procedures, policies or regulations of networks connected to our Site; 

(c) You shall not to impersonate any other person while using our Site or conduct yourself in a vulgar or offensive manner while using our Site; 

(d) You shall not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site; 

(e) You shall not use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; 

(f) You shall not use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with these Terms of Use; 

(g) You shall not use our Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); and 

(h) You shall not use our Site to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Site (via a denial-of-service attack or a distributed denial-of service attack); or otherwise adversely affect the operation of any computer software or hardware. 

  

11. Use of Our Streaming Service 

We provide Wondrium through streaming service technology over the internet to certain devices (referred to as “Streaming Service”). We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our Streaming Service. Any description of how Streaming Service works should not be considered a representation or obligation with respect to how the Service will always work. We are constantly making adjustments to Streaming Service and often these adjustments are not completely captured within these Terms of Use. 

(a) Availability of Streaming Service: 

The availability and quality of Streaming Service will change from time to time, and from country to country. The quality of Streaming Services may vary from computer to computer, and device to device, and country to country, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. Frequently starting and stopping Streaming Service will result in a minor increase to the amount of data the Company streams to you per hour. You are responsible for ensuring that you have internet access and for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges. The Company makes no representations or warranties about the quality of Streaming Service. 

Streaming Service may be unavailable to you from time to time in connection with maintenance or for other technical or non-technical reasons, and, as a result, without prior notice to you, the Wondrium Service ordinarily available via Streaming Service may be temporarily unavailable.  

Some, but not all, of our Wondrium content delivered through our Streaming Service will be in HD.  HD service availability is subject to your internet service and device capabilities. 

(b) Initiation of Streaming Service: 

The amount of time it takes to initiate Streaming Service on a device will vary based on a number of factors, including your country, your location, available bandwidth at the time, the particular Product or Service you have selected and the configuration of your device. In addition, you must be connected to the internet throughout the period in which you are accessing Streaming Service. 

(c) Geographic Limitations: 

You may access Streaming Service only in geographic locations where we offer Streaming Service. In addition, the content that may be available to watch may vary by geographic location. 

(d) Software for Accessing Streaming Service: 

Streaming Service software is licensed to the Company and is designed to enable streaming of content from the Company to certain devices. This software is licensed or sub-licensed to you by the Company pursuant to these Terms of Use and solely for the purpose of using Streaming Service and for no other purpose whatsoever. We do not warrant the performance of this software, including its continuing compatibility with our Service. You may not copy or reproduce the software nor decompile, reverse engineer, disassemble, modify or prepare derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited. 

By using Streaming Service, you acknowledge and agree to receive, without further notice or prompting, updated versions of the software related to the Streaming Service. If you do not accept the foregoing terms, do not use the Streaming Service. We do not warrant that any of the software used and or licensed in connection with Streaming Service will be compatible with other third party software nor do we warrant that operation of Streaming Service and the associated software will not damage or disrupt other software or hardware. In addition, we do not take responsibility or otherwise warrant the performance of devices used in connection with Streaming Service, including the continuing compatibility of the device with our service. By using Streaming Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with Streaming Service. Any issues related to Streaming Service, including any system requirements, are covered and limited by these Terms of Use. 

12. Use of Cookies 

This Site uses cookies and may also use the services of third-party providers that deploy cookies in connection with their services.  By using this Site, you consent to the placement of cookies on any device used to access our Site. 

13. Consent to Cross-border Transfers 

You acknowledge that the data collected via our Site will be stored in servers located within the United States, but will be distributed in Canada and may be distributed worldwide. Further, you acknowledge that your personal information may, at times, be accessible by individuals located worldwide, including in countries that may not provide the same level of data protection as in your country. By providing us with your personal information, you agree and consent to our use of such data and/or personal information in accordance with our Privacy Policy, including, without limitation, the transfer of your personal information across international boundaries. 

  

14. Linking to and Links from Our Site 

Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have not reviewed the content of those websites and have no control over the content of those websites or resources, and accept no responsibility for them or for any loss, damage or effect that may arise from your use of them. We are not responsible for and do not endorse or warrant any materials, information, goods or services available through any linked websites. These third party websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. 

  

15. Intellectual Property 

The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site (including but not limited to, The Great Courses, and Wondrium) are the registered and/or unregistered Trademarks of the Company, a Company affiliate, or such other third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Company or such third party that may own the displayed Trademarks. 

Site Contents and Copyright. 

The text, Trademarks, logos, images, graphics, photos, video files, audio files, application functionality, or any other digital media associated with Wondrium, made available through our Site and their arrangement on this Site (“Company Intellectual Property”) are owned by the Company, or are licensed to the Company, and are subject to patent, copyright, trademark and other intellectual property protection.  Company Intellectual Property may not be copied for commercial use or distribution or public performance, nor may Company Intellectual Property be modified, processed, or reposted to other websites for commercial or public performance purposes without our prior express written permission. Access is granted to this Site solely for your use of Wondrium for personal entertainment, information, education and communication with the Company. All rights in Company Intellectual Property are reserved by and to the Company. You are not permitted to capture, modify, reuse or retransmit copies of Company Intellectual Property, or to use any illustrations, photographs, video, music or audio sequences or any graphics separately from any accompanying text.  Our status (and that of any identified contributors) as the authors of material on our Site or in Wondrium content must always be acknowledged. 

(c) If you print off, copy, download or otherwise use any part of our Site, our Wondrium Service or our other Products or Services in breach of these Terms Of Use, your right to use our Site and the Wondrium Service will cease immediately and you must, at our option, return, discontinue use, or destroy any copies of the materials you have made.  In addition, the Company reserves all rights to pursue any and all of its available legal remedies to address and remedy the breach. 

16. Copyright Infringement 

We have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site or associated with the Wondrium Service. Our copyright agent is our Manager/Legal & Contract Services, who can be reached at: 4840 Westfields Blvd. Suite #500, Chantilly, Va. 20151 or via email at legal@wondrium.com. 

 Infringement Notification. 

To be effective, your infringement notification must include the following: 

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii)   Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material; 

(iv) Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted; 

(v) The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and 

(vi) The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” 

Upon receipt of the written notification containing the information as outlined in (i) through (vi) above: 

        1. We will remove or disable access to the content that is alleged to be infringing; 

       2. We will forward the written notification to the alleged infringer; and 

       3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content. 

       4. Disclaimers/Limitations of Liability/Indemnity 

(a) Disclaimers of Warranties and Limitations of Liability 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ON OUR SITE, WONDRIUM AND OUR PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO WONDRIUM, OUR SITE, OUR PRODUCTS, OUR CONTENT, OR ANY SOFTWARE ASSOCIATED THEREWITH. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF WONDRIUM, OUR PRODUCTS OR OUR STREAMING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF WONDRIUM, OUR PRODUCTS OR OUR STREAMING SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF DEVICES IN CONNECTION WITH WONDRIUM, OUR PRODUCTS OR OUR STREAMING SERVICE. WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF STREAMING SERVICE, (II) DELIVERY AND OR DISPLAY OF ANY CONTENT CONTAINED ON OUR SITE OR OTHERWISE THROUGH STREAMING SERVICE; AND (III) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE PRODUCTS OR SERVICES PROVIDED ON OUR SITE, THROUGH STREAMING SERVICE OR OTHERWISE, INCLUDING ANY LOSSES OR DAMAGES ARISING FROM DOWNLOADING OF RELATED SOFTWARE, DOWNLOADING AND/OR USE OF ANY OTHER SOFTWARE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ON OUR SITE, TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR USE OF OUR PRODUCTS OR THE STREAMING SERVICE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON THE COMPANY. 

IN NO EVENT SHALL THE COMPANY, OR ITS AFFILIATES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF WONDRIUM, OUR PRODUCTS OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE WONDRIUM, OUR PRODUCTS OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH EXCEED THE SUBSCRIPTION PRICE OF THE WONDRIUM SERVICE YOU PURCHASED. IN THE EVENT THAT A CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, OUR TOTAL LIABILITY TO YOU FOR ANY RELATED DAMAGES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00 Cdn). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY TO THE COMPANY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 

Commentary, testimonials, reviews, and other materials posted on our Site along with the Products and Services themselves are not intended to constitute guarantees or advice on which reliance should or can be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material. 

(b) Indemnity 

You agree to defend, indemnify and hold harmless the Company, its parent, affiliates and subsidiaries, and its and their officers, directors, employees, contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of Wondrium; (ii) your use of and access to the Site; (iii) your violation of any term of these Terms of Use; (iv) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (v) any claim that any Response submitted by you causes damage to a third party. This defense and indemnification obligation will continue during and after your Subscription Term and will survive your use of Wondrium and this Site. 

17. Transfer of Rights and Obligations 

These Terms of Use are binding on you and the Company and on our respective successors and assigns. 

You may not transfer, assign, change, or otherwise dispose of these Terms of Use, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms of Use, or any of our rights or obligations arising under them, at any time. 

 18. Waiver 

If we fail, at any time to insist upon strict performance of any of your obligations under our agreement with you or any of these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.  
 
No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. 

  

19. Severability 

If any of these Terms of Use or any provisions of our agreement(s) with you are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. 

20. Law and Jurisdiction 

Agreements for the purchase of Wondrium or other Wondrium Products and Services through our Site, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the state of New York, without regard to conflict of law provisions, and shall be subject to the exclusive jurisdiction and venue of the federal and state courts located in Fairfax County, Virginia, USA. 

21. Entire Agreement 

These Terms of Use and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.  

Effective: July 1, 2017 

Revised Effective:  June 8, 2021