Texas A&M University – College of Veterinary Medicine and Biomedical Sciences
Terms of Use – www.cvmcourses.com
Please read these terms and conditions completely before using www.cvmcourses.com (the “Website”). The Website is composed of various web pages controlled by the College of Veterinary Medicine and Biomedical Sciences (sometime also referred to as “TAMU”).
Acceptance of the Terms of Use
This agreement documents the legally binding terms and conditions (collectively “Terms of Use”) that govern the use of this Website. The Website is offered to you conditioned upon your acceptance without modification of these Terms of Use. By using or accessing the Website in any way, viewing or browsing the Website, or adding your own content (which will also include your responses to any testing or study materials) to the Website, you are agreeing to be bound by these Terms. You may not use the Website and may not accept the Terms of Use if you are a person barred from using the services or products offered by the Website under the laws of any country in which you are resident or from which you use the Website services or products.
Modification of these Terms of Use
TAMU reserves the right to change the terms, conditions, and notices under which the Website is offered in our sole discretion, including but not limited to the changes associated with the use of the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. The changed Terms of Use supersede all previous versions of the Terms of Use.
Website Content
Unless stated otherwise, all materials and content comprising, appearing on, or made available through the Website, together with the intellectual property rights and copyrights for all material and content displayed on the Website (and contained in the online courses and materials accessed via the Website) are owned by TAMU or our licensors (collectively “TAMU Content”). You may download and print extracts from the Website (or from the online courses accessed through the Website) for your own personal, non-commercial purposes. Otherwise, you may not copy, reproduce, distribute, display, perform, edit, create derivative works, or otherwise use or exploit the TAMU Content without the express, prior written consent of TAMU.
Privacy Information (See Privacy Policy)
For information about TAMU’s data protection practices, please read TAMU’s Privacy Policy applicable to the Website which is available here. This policy explains how TAMU treats your Personal Information, and protects your privacy, when you use the Website. Its terms and conditions are applicable to your use of the Website. Additionally, TAMU reserves the right to disclose aggregated data, information, or statements we publish so long as such data, information, or statements is not attributable to you or provides your identification or personal information, even though such data, information, or statements may be based upon or derived from specific data, information, or statements that you separately and specifically agree we can share with the larger public or media, so long as such action does not infringe upon your confidentiality. TAMU will not sell any Personal Information, whether aggregated or not, to any third party.
Using the Website
You may receive login credentials from TAMU to access an account with our Website (“Account”). If you provide untrue, incomplete or inaccurate information, or use your Account for any purpose prohibited by law or these Terms, TAMU will terminate your Account and use of the Website. By accessing your Account, you agree that TAMU may contact you and send you communications using the information in your Account.
You are responsible for all use of your Account, including use by others to whom you have provided access to your Account. Access to any of the Services through your Account is treated as authorized by you. You also are responsible for any use of your Account caused by your failure to secure your user ID or password.
You are responsible for obtaining the internet access necessary to use the Website. Your mobile network’s data and messaging rates and fees may apply if you access or use the Website from a mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website. TAMU does not guarantee that the Website (or any portion thereof) will function on any particular hardware or device. In addition, the Website may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
Passwords and Account Security
You agree that you are responsible for maintaining the confidentiality of passwords associated with any Account you use to access the Website or its services. Accordingly, you agree that you will be solely responsible to TAMU for all activities that occur under your Account. If you become aware of any unauthorized use of your password or of your account, you agree to notify TAMU immediately at cethelpdesk@cvm.tamu.edu.
Restrictions Relating the Use of the Website
As a condition of your use of the Website, you represent and warrant to TAMU that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
You are expressly and emphatically restricted from all of the following:
1. publishing any Website material in any media;
2. selling, sublicensing, and/or otherwise commercializing any Website material;
3. publicly performing and/or showing (displaying) any Website material;
4. using the Website in any way that is, or may be, damaging to the Website or others, including uploading or otherwise disseminating any computer viruses or other software that may damage the property of TAMU or another party;
5. using the Website to: (a) defame, harass, stalk, abuse, or threaten others or otherwise violate any person’s legal rights; (b) perpetuate any fraud; (c) publish, post, upload, or distribute any obscene, profane, indecent, inappropriate, or defamatory material; and (d) publish or distribute any material that incites violence, hate, or discrimination towards any group;
6. using the Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, TAMU, or to any person or entity;
7. upload files or materials that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary licenses or consents;
8. interfere with or disrupt the integrity or performance of the Website, any portion or contents thereof, or related systems or networks;
9. use the Website in any way which degrades the reliability, speed, or operation of the Website or the underlying hardware and software of the Website;
10. engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Website, or while using the Website;
11. using the Website to engage in any advertising or marketing.
12. attempting to gain unauthorized access to the Website, TAMU Content, other users’ accounts;
13. using the Website in any manner that could damage, disable, overburden, or impair TAMU’s servers or networks.
Your Content
In these Terms of Use, “Your Content” shall mean any audio, video, text, images, or other material you choose to display on the Website. With respect to Your Content, by displaying it, you grant TAMU a non-exclusive, worldwide, irrevocable, royalty-free, paid-up, sub-licensable license to use, reproduce, adapt, publish, edit, create derivative works, publicly perform, publicly display, reformat, transmit, and distribute Your Content in any and all media. No compensation will be paid by TAMU to you with respect to the use of Your Content, as provided herein. TAMU is under no obligation to post or use any of Your Content and may remove any of Your Content at any time in TAMU’s sole discretion. By posting, uploading, inputting, providing, or submitting Your Content you warrant and represent that you own or otherwise control (or have authorization) all of the rights to Your Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit Your Content. Your Content must be your own and must not be infringing on any third party’s rights. TAMU reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
Monitoring of the Website
TAMU has no obligation to monitor the Website. TAMU cannot verify the accuracy of statements that users make or place on or through the Website services, and does not guarantee that any user materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms of Use.
All comments, concerns, and notices of violations of these Terms of Use can be made to cethelpdesk@cvm.tamu.edu. However, TAMU reserves the right to:
(a) Review materials posted to the Website and to remove or edit any materials in its sole discretion, including those in violation of these Terms of Use.
(b) Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy or publicity.
(c) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
(d) Change, terminate, or suspend the Website, any features of the Website, and any content or materials contained in the Website, in any way, at any time and for any reason or no reason. TAMU also has the right to require you to cease accessing any features, content or materials of the Website.
TAMU does not control or endorse third party content, messages, or information found in any page of the Website and, therefore, TAMU specifically disclaims any liability with regard to the Website and any actions resulting from your participation in any Website services. Third party materials uploaded to the Website may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Indemnification
Except as prohibited by law, you will hold TAMU and its officers, directors, employees, and agents harmless for any direct, indirect, punitive, special, incidental, or consequential damage, however arising (including attorney’s fees, court costs, and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with these Terms of Use, including without limitation any claim for personal injury or property damage, arising from: (a) your use of and access to the Services; (b) your violation of any of these Terms of Use; (c) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (d) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive any expiration of termination of these Terms of Use and your use of the Website.
Liability Disclaimer
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND TAMU EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT TAMU, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TAMU AND/OR ITS THIRD-PARTY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME. TAMU AND/OR ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TAMU AND/OR ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAMU AND/OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF TAMU (OR ANY OF ITS THIRD PARTY PROVIDERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. TAMU USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS, AND RELIABILITY OF THE WEBSITE CONTENT, BUT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE WEBSITE CONTENT’S ACCURACY, CORRECTNESS, OR RELIABILITY.
Access & Data Loss
TAMU reserves the right to restrict or remove access by you to the Website or any areas of the Website, at any time, without any advance notice, in its sole and absolute discretion. In such case, you acknowledge and agree that if TAMU disables access to your account, you may be prevented from accessing the Website, your account details, your data, files, or other content that is contained in your account. In addition, TAMU does not accept responsibility for the security of your account or Your Content. You agree that your use of the Website is at your own risk.
Links to Other Websites
The Website may contain links to other websites and online resources that are not owned or controlled by TAMU. TAMU has no control over, and therefore assumes no responsibility for, the content or general practices of any of these third-party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any website that you visit as a result of following a link that is posted on the Website.
Availability
We try to ensure that the Website is available. In the event that the Website is unavailable at any time and for any period (for whatever reason) we shall not be liable for any damage or loss caused as a result of Website unavailability or downtime.
Registration
To participate in online courses via the Website, you will need to register. You are not permitted to share your user name and password with any other person nor with multiple users. You are responsible for the security of any passwords issued to you. You must not create any false identity or impersonate any person or provide inaccurate or incomplete information about yourself.
International Users
TAMU makes no claims regarding access or use of the Website or its content outside of the United States. If you use or access the Website or its content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
Trademarks
All TAMU trademarks or service marks are owned by TAMU and nothing in these Terms of Use are to be construed to transfer ownership rights or grant any permission, license, or other rights to you without the express, written authorization of TAMU. The names of actual companies, products, or services mentioned on the Website may be the trademarks or service marks of third parties and you must have the authorization of the owners of such trademarks or service marks before making use of same.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the state of Texas, United States, and in case of any litigation permitted under these Terms, you agree to submit to the personal jurisdiction of the state courts located in Brazos County, Texas, and the federal court in Houston, Texas.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such enforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Survival of Rights
Any terms or conditions providing obligations on the part of either Party that are clearly intended by the Parties to survive expiration or termination of these Terms of Use shall be in full force and effect until the obligation has been fulfilled. Privacy of data related to the use of the Website, in written, verbal, or any other form is one such condition that shall survive in perpetuity; other such terms include, but are not limited to, the terms concerning intellectual property rights, indemnity, applicable law, and disclaimers of warranty.
Entire Agreement
These Terms of Use, including any legal notices and disclaimers contained on the Website, constitute the entire agreement between Texas A&M University and you in relation to your use of the Website, and supersede all prior agreements and understandings with respect to same.
Refunds
Due to the nature of online courses, refunds will not be made.
Contact Us
If you have any questions about this Agreement, please feel free to contact us at cethelpdesk@cvm.tamu.edu.