TERMS APPLICABLE TO ALL USERS:
You understand and agree to the following:
1. You must use a valid e-mail address and create a username during the registration process.
2. You are responsible for all uses of your account. You must keep your password confidential. We may refuse, at our sole discretion, to allow you to register a username that is trademarked, inappropriate, or impersonates another individual.
3. You agree to let CompanyBright immediately know of any unauthorized use of your account.
4. If you are less than 13 years old, you may not use CompanyBright. If you are between 13 and 17 years old, then you must have parental consent to use this service. By registering for CompanyBright, you are indicating that you have the capacity to understand these Terms of Service. CompanyBright will not be held liable for any loss or damage for non-compliance.
5. You understand and agree that CompanyBright does not control, verify or endorse Courses unless explicitly stated.
6. When registering with CompanyBright, you must provide, and maintain, accurate, current, and complete information about yourself.
7. CompanyBright reserves the right to refuse the service to any user.
If you purchase courses via CompanyBright from any Seller in the marketplace, you will be responsible to pay the fee associated with such courses and any applicable taxes. You agree to pay for all courses purchased through the CompanyBright system.
You understand that CompanyBright is not liable nor does CompanyBright warrant the courses provided by any Seller via the CompanyBright marketplace. You are responsible for conducting your own research before choosing a course from any Seller. CompanyBright is not involved in the course selection process.
You can deactivate, or terminate, your account at any time and for any reason. CompanyBright can also deactivate, or terminate, your account at any time and for any reason. We also reserve the right to use any means (legal, operational, or technological) available to enforce these terms. Once deactivation occurs, your rights to access the CompanyBright marketplace will cease to exist.
You warrant and represent to CompanyBright that you are: 1. Not a minor and you have the legal right and ability to agree to and abide by these terms, or; 2. If you are between the ages of 13 and 17 that you have parental consent and agreement to use the CompanyBright marketplace; 3. You hold and will continue to hold all the ownership, license, proprietary, and other rights necessary to enter into, authorize, grant rights, and perform your obligations under these terms.
Limitations of Liability:
CompanyBright disclaims any and all responsibility or liability for the content, completeness, accuracy, legality, reliability, or availability of information or materials displayed on, or delivered via CompanyBright. You agree that the use of the CompanyBright marketplace, and anything thing that you download from CompanyBright, is at your sole risk, discretion, and responsibility. You will be wholly responsible for any damage to your computer system that results from your use of CompanyBright or the downloading of courses or other information. CompanyBright offers all of its service on an “as is” basis, with no warranties whatsoever. CompanyBright expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
These terms shall be governed in all respects by the laws of the Commonwealth of Virginia, USA, and any disputes arising hereunder shall be submitted to state and federal courts in Richmond, Virginia and you agree to and consent to the exclusive jurisdiction of such courts. If any of these terms are deemed invalid, then the remaining terms shall still be enforced. CompanyBright is not responsible for any delay or failure in performance resulting directly or indirectly from causes beyond CompanyBright’s reasonable control. Any correspondence about these terms will be sent to you via the email that you provided during registration. If you are not a resident of the United States of America, then you agree to follow all applicable laws and local rules regarding the transmission of data from the United States and the country in which you live.
TERMS APPLICABLE TO SELLERS ONLY:
You hereby appoint CompanyBright as your non-exclusive agent for the worldwide marketing and delivery of Licensed Courses. Licensed Courses are elearning courses that you developed, or otherwise, have the right to sell.
Delivery of Licensed Courses
You will deliver, at your expense the Licensed Courses, and related information, in a format, and manner reasonably prescribed by CompanyBright as made available online. CompanyBright may reject any submitted Licensed Course, at any time, at its sole discretion.
Marketing and Pricing
All Licensed Courses shall be marketed by CompanyBright, on your behalf, to end-users at prices established by you, in your sole discretion. You may change the price for any Licensed Courses at any time, at your discretion, in accordance with online tools provided by CompanyBright. As Your agent, CompanyBright shall be responsible for the collection of all end-user fees.
In the event that the sale or delivery of any of the Licensed Courses to any end-user is subject to any tax, CompanyBright shall collect and remit to the competent tax authorities such taxes.
Upon collection of any amounts from any end-user as the price for any
Licensed Course delivered to that end-user hereunder, CompanyBright shall deduct the full amount of its commission with respect to that Licensed
Course, and any taxes collected, and shall pay you the remainder of those prices on a monthly basis, no later than sixty (60) days following the close of the month in which that amount was received by CompanyBright. Prior to releasing payment, CompanyBright may be required to collect additional information to comply with United States tax laws. All payments will be issued via PayPal, so please note that you will need to have an active PayPal account and provide us with your account information to facilitate payment of your royalties.
CompanyBright shall not acquire any ownership interest in any of the
Licensed Courses, and title, risk of loss, responsibility for, and control over the Licensed Courses shall remain with you.
Rights to Courses
You represent and warrant that you have the right to agree to these terms and that none of the Licensed Courses, as delivered, violate or infringe any intellectual property or contractual rights of any third party. You shall be solely responsible for, and CompanyBright shall have no responsibility or liability whatsoever with respect to, any and all claims arising from the Licensed Courses, except to extent that you shall indemnify and hold CompanyBright harmless against any and all such claims.
CompanyBright may refund end-users using a Licensed Course in its commercially reasonable discretion. Such refunds will be applied against any amounts owed you in accordance with your royalty structure. If no amounts are owed, then CompanyBright shall have the right to invoice you for the amount paid to you for those sales that were refunded. You will have 15 days to pay this invoice. Note that CompanyBright shall retain its commission and that any refund charges made to you will be for the full amount paid by the purchaser of the Licensed Course.
Termination by CompanyBright
CompanyBright reserves the right to cease marketing and allowing access by end-users of the Licensed Courses at any time, with or without cause, by providing notice of termination to you. CompanyBright’s obligations hereunder shall end upon termination. Notwithstanding any such termination, CompanyBright shall be entitled to: (i) CompanyBright’s commission on all purchased sessions of the Licensed Courses; and (ii) reimbursement from you of refunds paid by CompanyBright to end-users, whether before or after the date of termination, in accordance with these terms.
Withdrawal of Licensed Courses by You
You may withdraw any or all of the Licensed Courses by providing CompanyBright with 30 days written notice. However, CompanyBright may continue to offer such Licensed Course for sessions already purchased by end-users. Note that if any of your Licensed Courses were sold via a perpetual license, that buyers may continue to access such courses.
These terms represent the complete, entire, and exclusive understanding and agreement between you and CompanyBright. It supersedes all prior, written or oral, understandings or agreements. You understand and agree that you have read these terms and amendments can be posted to these terms. You agree and understand that your continued use of the CompanyBright marketplace represents your consent to such amended terms.