Terms of Use

ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO COURSE PROVIDERS

IF YOU WISH TO BE REGISTERED AS A COURSE PROVIDER ON OUR SITE, YOU MUST AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS (WHICH ARE IN ADDITION TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF USE AGREEMENT), WHICH MAY BE AMENDED BY US AT ANY TIME OR FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST ADDITIONAL TERMS AND CONDITIONS WILL BE POSTED ON THE SITE (AND APPROPRIATELY DATE-STAMPED), AND YOU SHOULD PERIODICALLY REVIEW ANY AMENDMENTS TO THESE ADDITIONAL TERMS AND CONDITIONS. REGARDLESS OF WHETHER OR NOT YOU REVIEW ANY AMENDED ADDITIONAL TERMS AND CONDITIONS, YOU WILL BE BOUND BY THE MOST RECENT ADDITIONAL TERMS AND CONDITIONS:

1. you represent and warrant that all of the content of every Course as well as all related material and information (including, without limitation, any test, quiz, exam or other assessment process) that you provide to us for the purposes of making same available on or through the Site (collectively, "Your Course Content") is solely your original work or that you have obtained all necessary consents, approvals or other forms of permission to do so from all relevant third parties, with the result that our making Your Course Content available on or through the Site will not infringe the copyright or any other intellectual property right of any third party;
2. you are solely responsible for Your Course Content and for any representation or warranty that you make in relation to same, either on or through the Site or otherwise;
3. you grant us a license to market and offer Your Course Content on or through the Site, on either a public or private basis as designated by you in relation to each Course, as well as the right to use Your Course Content in our operation of the Site;
4. you will promptly provide us with any additional information which we may request after you have submitted your Application for Registration to us. In particular, we reserve the right to request copies of documentation which confirms your legal existence and/or any other information which supports or relates to your offering of any Course;
5. we reserve the right to refuse to make any Course available on the Site for any reason which we in our sole discretion consider appropriate;
6. we reserve the right to limit the number of Courses that you or any other Course Provider may make available on the Site for any reason which we in our sole discretion consider appropriate;
7. we reserve the right to impose such additional conditions on the making available of any Course on the Site as we in our sole discretion consider appropriate;
8. no Course is entitled to be made available on the Site unless and until we have accepted your Application for Registration, any conditions that we may have imposed on that Course have been accepted in writing by you, any additional information that we may require from you has been provided to us, and any amount that you are required to pay to us has been received by us;
9. in the event that any Student is "privately enrolled" in a Course (which, for purposes of these Additional Terms and Conditions, means that you have specifically invited or required that Student to take that Course), you are required to provide that Student with one course credit. Course credits must be purchased from SmarterU according to the schedule at http://smarteru.com/en/smarteru-online-learning-pricing.cfm;
10. subject to the preceding clause (i), you do not have to pay us any amount in respect of any Course that you make available on or through the Site for free;
11. in the event that you wish to charge a fee for any Course that you make available on or through the Site, we will collect that fee on your behalf and remit to you 85% of the fee paid by each Student for that Course and collected by us, with the balance of 15% of that fee being withheld by us on account of our commission, which you hereby agree to pay;
12. you alone are responsible to determine whether or not any taxes or other government charges are assessable in relation to any Course where you are charging a fee. We will remit to you the amount of any taxes or other government charges collected by us from Students taking any such Course. You alone are responsible for reporting and remitting that amount to the appropriate taxing authority or other government agency; and
13. for purposes of the legal relationship between us and you, any reference in the Terms of Use Agreement to "this Agreement" or "the Agreement" shall include these Additional Terms and Conditions. Without limiting the generality of the foregoing, the indemnity that you are already providing to us pursuant to the Terms of Use Agreement extends to any breach of these Additional Terms and Conditions by you including, in particular, any allegation by any third party that any portion of Your Course Content infringes the copyright, trademark or other intellectual property rights of that third party or that any representation or warranty that you make in relation to Your Course Content, either on or through the Site or otherwise, is inaccurate.