Indy Courses Terms of Use

1. ACCEPTANCE OF TERMS

Indy Courses (hereinafter referred to as “Indy Courses”) provides a collection of online resources, and the ability to post curriculum, including text and images, video and audio, through its website indycourses.com (the “Website”), (hereinafter referred to as the “Services”). By using the Services, in any manner, you are agreeing to comply with and be subject to, the Terms of Use contained herein (“TOU”). In addition, when using the Services, you agree to abide by any applicable posted guidelines relating to the Services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Indy Courses in any way, you hereby agree that your only recourse is to immediately discontinue use of the Services. This TOU shall apply to all users (collectively referred to as “You”, “Your”, “you” or “your”), including instructors(sometimes referred to as “Course Instructors”) who post or promote their curriculum through the Website, and users who may view the content and curriculum (sometimes referred to as “Students”). Both the posting and viewing of curriculum through the Website are referred to as the “Services”.

2. MODIFICATIONS TO THIS AGREEMENT

Indy Courses reserves the right, at its sole discretion, to change, modify or otherwise alter this TOU at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this TOU on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: https://indycourses.com/terms-of-use

3. CONTENT

For purposes of these Terms of Service, the term “Content” includes, without limitation, videos, audio clips, written posts and comments, information, postings, messages, text, files, images, photos, video, sounds, data, photographs, software, scripts, graphics, or other materials, and interactive features generated, provided, or otherwise made accessible on or through the Services. You understand that all Content posted on, transmitted through, linked from or relating to the Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Services. You understand that Indy Courses does not control, and is not responsible for Content made available through the Services, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website and Content available through the Services may contain links to other websites, which are completely independent of Indy Courses. Indy Courses makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. When your Content is deleted, it will be removed from the Services. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not following removal be shared with others).

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Indy Courses be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Services. You acknowledge that Indy Courses does not pre-screen or approve Content, but that Indy Courses shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Services, for violating the letter or spirit of the TOU or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The Website and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Indy Courses, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Indy Courses shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Indy Courses is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Indy Courses, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

a. Use License. Subject to these TOU, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and nontransferable license to use (i.e., to download and display locally) Content solely for personal, non-commercial purposes. Use, reproduction, modification, distribution or storage of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

b. License Grant. By submitting Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive license to access your Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your Content, including the right to grant additional licenses to your Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

c. Availability of Content. We do not guarantee that any Content will be made available on the Website or through the Services. Further, we have no obligation to monitor the Website or the Services. However, we reserve the right to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these TOU), or for no reason at all and (ii) to remove or block any Content from the Services.

5. STUDENT PROTECTION

Students and educators share the responsibility for making sure purchases facilitated by Indy Courses are exciting, rewarding and hassle-free. We strongly encourage students to work with educators before opening a claim relating to a purchase. We require Indy Courses educators to comply with our resolution process. Students and educators permit us to make a final decision, in our sole discretion, on any claim that a student files with Indy Courses under the Indy Courses Student Protection Policy. If we resolve a dispute in the student’s favor, we will refund the student for the full cost of the class (including any applicable sales taxes), and we will require the educator to reimburse us for the amount due to the student. Without limiting the foregoing, educators may not have to pay a reimbursement for an Indy Courses claim if they provide sufficient documentation (for example, proof that the class was as described). Educators agree to allow us to debit their monthly account balance for amounts due to students. If educators do not provide Indy Courses with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict educators from selling on our sites until payment is made. Correcting Mistakes in Payments to Students or Educators. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous student or educator refunds or reimbursements.

6. FEES AND SERVICES

There is no charge for joining Indy Courses or viewing course listings.

7. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Indy Courses’ agent (“Agent”) for notice of claims of copyright or other intellectual property infringement, at

Copyright Agent
Indy Courses
P.O. Box 15033, San Francisco, CA 94115

Please provide our Agent with the following Notice:

a) Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it Website;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that: (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.
Indy Courses will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

8. PRIVACY AND INFORMATION DISCLOSURE

Indy Courses has established a privacy policy to explain to users how their information is collected and used, which is located at the following web address: https://indycourses.com/privacy-policy. Your use of the Website or the Services signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Indy Courses may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Indy Courses, its users or the general public.

9. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;

e) with respect to employers that employ four or more employees, that violates the antidiscrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;

f) that impersonates any person or entity, including, but not limited to, a Indy Courses employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

g) that includes personal or identifying information about another person without that person’s explicit consent;

h) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;

i) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

j) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

k) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Forensic Training Network sites which are not designated for such purposes; or emailed to INDY COURSES users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;

l) that includes links to commercial services or web sites, except as expressly provided by the “Services”;

m) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.

n) 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;

o) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding
attack) to the Service, or that otherwise negatively affects other users’ ability to use the Services) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.

p) contact anyone who has asked not to be contacted;

q) “stalk” or otherwise harass anyone;

r) collect personal data about other users for commercial or unlawful purposes;

s) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Indy Courses;

t) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

u) attempt to gain unauthorized access to Indy Courses’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Website; or

v) use any form of automated device or computer program that enables the submission of postings on Indy Courses without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of
postings at regular intervals.

10. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Indy Courses’ resources, you may not use a Posting Agent to post Content to the Services without express permission or license from Indy Courses. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Services to facilitate posting Content on behalf of others, except with express permission or license from Indy Courses.

11. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to email recipients or users of the Services or through Indy Courses computer systems, which is expressly prohibited by these TOU, will use or cause to be used servers located in California. Any unauthorized use of Indy Courses’ computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

12. LIMITATIONS ON SERVICE

You acknowledge that Indy Courses may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. You agree that Indy Courses has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that Indy Courses reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Indy Courses shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

13. ACCESS TO THE SERVICES

Indy Courses grants you a limited, revocable, nonexclusive license (hereinafter referred to as the “License”) to access the Services for your own personal use. This License does not include: (a) access to the Services by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Indy Courses. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose Internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

INDY COURSES permits you to display on your website, or create a hyperlink on your website to, individual postings on the Services so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Indy Courses to do so. You may also create a hyperlink to the home page of the Website so long as the link does not portray Indy Courses, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Indy Courses may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Indy Courses permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Services and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ‘Forensic Training Network’ as the source, (d) your use or display does not suggest that Indy Courses promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Indy Courses’ systems. Indy Courses reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Services beyond the scope of authorized access granted to you by Indy Courses immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Services or any Content made available via the Services for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Indy Courses.

14. TERMINATION OF SERVICE

You agree that Indy Courses, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Indy Courses believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Indy Courses shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Services after said termination. Sections 2, 4, 6 and 11-17 shall survive termination of the TOU.

15. PROPRIETARY RIGHTS

The Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Indy Courses. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of Indy Courses, and agree to abide by any and all copyright notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services. Although Indy Courses does not claim ownership of content that its users post, by posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Indy Courses an irrevocable, perpetual, nonexclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, you automatically grant Indy Courses all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.

16. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, INDY COURSES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, INDY COURSES DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR THE SITES OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, INDY COURSES DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

17. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL INDY COURSES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INDY COURSES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

18. INDEMNITY

You agree to indemnify and hold Indy Courses, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

19. GENERAL INFORMATION

This TOU constitutes the entire agreement between you and Indy Courses and govern your use of the Services, superseding any prior agreements between you and Indy Courses. The TOU and the relationship between you and Indy Courses shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree that any controversy between the parties hereto involving any claim arising out of or relating to a breach of this Agreement shall be submitted to and be settled by final and binding arbitration in the City and County of San Francisco, California, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (the “AAA”). The arbitrator shall determine a prevailing party. The prevailing party shall be entitled to its reasonable attorneys’ fees and costs (including arbitrators’ costs). You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by emailing to: P.O.Box 15033, San Francisco, CA 94115 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Indy Courses to pursue legal action to enforce the TOU, you will be liable to pay Indy Courses the following amounts as liquidated damages, which you accept as reasonable estimates of Indy Courses’ damages for the specified breaches of the TOU:

a) If you post a message that: (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Indy Courses one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

b) If Indy Courses establishes limits on the frequency with which you may access or use
the Services, or terminates your access to or use of the Services, you agree to pay Indy
Courses one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Indy Courses in excess of such limits, whichever is higher.

c) If you send unsolicited email advertisements to Indy Courses’ users or through Indy Courses computer systems, you agree to pay Indy Courses twenty-five dollars ($25) for each such email.

d) If you post Content in violation of the TOU, other than as described above, you agree to pay Indy Courses one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Indy Courses may elect to issue a warning before assessing damages.

e) If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Indy Courses one hundred
dollars ($100) for each and every Item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Services (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Indy Courses an additional one hundred dollars ($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

f) If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without Indy Courses ‘s express written permission, you agree to pay Indy Courses three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay Indy Courses’ actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, Indy Courses retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.

Terms of Use: Instructors Only

The only fees charged to Course Providers are based on the number of students who register for a particular Course Providers’ course or courses. You have an opportunity to review and accept the fees that you will be charged based on your particular Fee Schedule, available within your account information. Changes to that schedule are effective after we provide you with at least fourteen days’ notice by posting the changes on the Indy Courses site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in U.S. Dollars.