Covalent Learning Center (CovLC) Terms of Use

Last Updated: December 12, 2020

 

Welcome to Covalent Learning Center

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These CovLC Terms of Use ("Terms of Use") apply to the web sites, mobile apps, applications and other interactive features or services that post a link to these Terms of Use (each, a "Service" and collectively, the "Services" or "CovLC Websites"). Covalent Learning Center, LLC and our subsidiaries are referred to collectively in these Terms of Use as "CovLC," "CovLC Websites,” “we" or "our." "You," "your" and "user" refer to any person or entity using the Services.

These Terms of Use govern your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to them ("Linked Services"), and regardless of whether you are a registered user or a guest. By using the Services, you agree to the Terms of Use. If you do not agree to the Terms of Use, you are not authorized to use the Services and you must cease all such use immediately.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS OF USE BY FOLLOWINGTHE OPT-OUT PROCEDURE SPECIFIED IN THE "ARBITRATION" SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE"ARBITRATION" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND COVALENT LEARNING CENTER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION ANDYOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

In some instances, both these Terms of Use and additional terms and conditions may apply to a service or product offered via the Services ("Additional Terms"). We will make those Additional Terms available to You with the relevant Services. If you use those Services, the Additional Terms that apply will become part of this agreement between You and CovLC. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

 

Table of Contents

Account Registration & Termination

Age and Residence Requirements; U.S. Jurisdiction

Proprietary Rights

Your License to Use CovLC Content

Social Distribution and Widgets

Digital Content

User Content and Activities

Acceptable Use Policy

Service Modifications

Mobile Use

Email and Text Message Notifications

Account Cancellation

Payments and Payment Processing

Third-Party Links, Content and Applications

Linking Policy

Course Searches and Other Information Specific to an Academic Institution

Categories of Homework Help Users

Homework Help, Study Guide and Note Usage

Outlines, Study Guides and Notes

Career Information and Jobs

Learning Courses

Test Prep Services

Bibliography and Citation Services

Tutoring Service

Interaction with Tutors and Use of Lesson Services

Tutoring Attachments

Disclaimer of Warranties

Limitations of Liability; Waiver

Indemnity

Export

Reporting Copyright and Other Intellectual Property Violations

Legal Disputes

General

Arbitration Rules, Governing Law, Jurisdiction and Venue

Arbitration Process

Arbitration Location and Procedure

Arbitrator's Decision

Fees

Changes

Policies

Privacy Policy

CovLC Credit

CovLC Discount Codes, Bonuses, Coupons, Loyalty Programs, Points Programs & Other Promotions

Return of Digital Access Codes

Tax

Supplemental Materials

Asset Ownership

Certain Payments and Renewals

Free Trial Memberships

CovLC Honor Code

A message to students

A message to educators

Miscellaneous

Changes

Entire Agreement

Contacting CovLC

 

Account Registration & Termination

CovLC provides a variety of services, both online and offline, designed to improve the overall academic experience and help users save money and deliver positive outcomes. You may only have one CovLC account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third-party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify CovLC immediately if you suspect any unauthorized use of your account or access to your password. CovLC has the right to terminate your account for any reason at our sole discretion without notice to you.

 

Age and Residence Requirements; U.S. Jurisdiction

The Services are available to individuals age 8 and over. If you are between the ages of 8 and the age of majority where you live, you must review these Terms of Use with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. You may register for an account regardless of where you live. All financial transactions will be processed in U.S. dollars. The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CovLC to any registration requirement within such jurisdiction or country. By registering, you certify that you are not on any list of restricted persons with whom itis unlawful for a U.S. company to do business.

 

 Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

 

Proprietary Rights

The Services are owned and operated by CovLC. Unless otherwise explicitly specified by CovLC, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic and citation information, citation guides, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the "look and feel" of the Services(collectively, "CovLC Content"), are owned, controlled, or licensed by CovLC or CovLC's third-party partners. CovLC Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. All rights in images of books or other publications included in the Services are reserved by the copyright owners of such materials. Portions of the bibliographic and citation content included in the Services are supplied by third-parties.

 

Any unauthorized use of CovLC Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.

 

Your License to Use CovLC Content

Subject to your compliance with these Terms of Use, CovLC grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to view the CovLC Content. You may only use the Services for your own personal use. You agree not to view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the CovLC Content (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by CovLC under separate written agreement. No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without CovLC’s prior written permission or as expressly provided in these Terms of Use. When you download or use the CovLC Content as authorized by these Terms of Use, you must: (a) keep intact any and all copyright and other proprietary notices; (b) make no modifications to the CovLC Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, or allow or assist any third-party (whether or not for your bene????t) to do so. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any CovLC Content, you may not share that subscription or license with others. CovLC may impose reasonable limits on your scope of access to CovLC Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorized third-party access to or use of that Content.

 

Social Distribution and Widgets

CovLC  may allow you but only through express written permission to engage in certain personal uses of CovLC Content that include the ability to share certain CovLC Content with others ("Social Distribution"). For example, the Services may allow you to send certain CovLC Content to friends, display CovLC Content on your personal web site or post CovLC Content on a third-party web site. You agree that you will not imply that you and CovLC are affiliated in any way or that CovLC approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of CovLC Content.

Similarly, the Services may provide content that you may choose to embed on your personal web page, third-party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) ("Widgets"). Widgets are CovLC Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets does not provide you (or any third-party) with any intellectual property rights in or to the Widget or any CovLC Content made available via any Widget.

NOTICE TO THIRD-PARTY SITES: Any CovLC Content made available in connection with your site, or otherwise, by our Widgets, third-party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of CovLC Content upon notice.

 

Digital Content

If you receive as part of your order access codes, passwords or downloads for online eBooks or publisher created online digital services content ("Digital Content"), then, when activating the codes, downloading content or logging in to access or use Digital Content, you may be required to agree to certain additional terms and conditions ("Digital Content Terms") before you may access the Digital Content. Read the Digital Content Terms for each Digital Content you rent or purchase, as different Digital Content may come with different restrictions or may be updated from time to time. If there is a conflict between the Digital Content Terms and these Terms of Use, the Digital Content Terms supersede the Terms of Use only to the extent of your use of the relevant Digital Content.

 

User Content and Activities

When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline bibliographic and citation information comment, testimonial, feedback, message, image, video, text, profile data or other material ("User Content") to CovLC, any CovLC employee or contractor, or a CovLC Website, you grant CovLC and our affiliates, licensees, distributors ,agents, representatives and other entities or individuals authorized by CovLC, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sub licensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.

CovLC is not required to host, display, or distribute, and may remove at any time, any User Content. CovLC reserves the right to change the format, sizing, and another display specifications of the Content as it sees fit.

Prohibited User Content includes, but is not limited to, material that CovLC determines:

  1. patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
  1. or advocates harassment
  2. or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  3. or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music fles;
  4. the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  5. restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
  6. or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
  7. commercial activities and/or sales without prior written consent from CovLC such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  8. a photograph or video of another person that you have posted without that person's consent;
  9. or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.

 

Prohibited activities include, without limitation:  

  1. advertising to, or solicitation of, any user to buy or sell any products or services;
  2. or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
  3. that involves the use of viruses, bots, worms, or any other computer code, ????les or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  4. copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services;
  5. or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal pro????le page, or any CovLC page via HTML/CSS or any other means;
  6. automated use of the Services, such as, but not limited to, using scripts to send messages or posts;
  7. with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  8. an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity using the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by CovLC, or sending messages with a commercial purpose;
  9. unrelated or disruptive to the Services, such as intentionally distributing the wrong solutions to problems, submissions that force browsers to scroll horizontally, large blank or content-free submissions, "Bumping" multiple older topics (posting in them well after the last post), posting multiple identical or near-identical messages or topics, including "fad" topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or
  10. the Services in a manner inconsistent with any applicable law.

 

Service Modifications

CovLC reserves the right, in our sole discretion, to make changes to or discontinue any of the Services at any time. Any description of the Services provided by CovLC is not a representation that the Services are working or will always work in that manner, as CovLC is continuously updating the Services, and these updates may not always be reflected in the Terms of Use.

 

Mobile Use

The Services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Services, receive messages from the Services, download applications to your mobile phone or access features from the Services(collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier of mobile device. Contact your carrier with questions regarding these issues.

If you change or terminate your mobile account, you agree to promptly update your CovLC account information so that any messages or notices from CovLC regarding the Services are sent to you and not to the person who is assigned your old number.

For any of our mobile apps, you agree that the third-party store or platform through which our apps are available (including, without limitation, the Apple App Store) is not liable to you in connection with our apps. If you use any ISBN scan feature of the Services, you are responsible for verifying the accuracy of the scanned code before relying on it.

 

Email and Text Message Notifications

Notifications or receipts from CovLC will be delivered to you by email at the address you provided to CovLC when you created your account or as later updated. You may also opt to receive text message reminders from CovLC, as a courtesy to you. Please review our text message mobile disclosures, which are incorporated into the Terms of Use. CovLC may contact you, sometimes through an automated or pre-recorded message, using the phone numbers you provide to CovLC ,including wireless numbers, to remind you that rental books are due to be returned or otherwise provide the Services. You are still responsible for compliance with the Terms of Use, including, e.g., timely return of your books, whether or not you receive such reminders via email, text or otherwise. CovLC will not ask you for your personal information, account username, and password, or any information about you or your method of payment via email or text message. If you receive such an email or text message purportedly from CovLC, it is fraudulent and CovLC will have no responsibility for any misuse of any information you provide as a result.

 

Account Cancellation

You may request cancellation of your account at any time throughout your use of our Services. To the fullest extent permissible under applicable law, your account will only be cancelled and closed after you have returned all books that have been rented to you (if any) and all transactions have been processed including payment of assessed penalties or the cashing of any refund check, if applicable. CovLC may cancel your account in its sole discretion any reason, including but not limited to inactivity or misuse. Even if your account is cancelled, your photos, bibliographic and citation information, comments, likes, friendships, and any other data you have shared via the Services may persist within the Service after cancellation of your account (for example, if your content has been reshaped by others)

 

Payments and Payment Processing

Validation: CovLC may require users of the Services to provide a valid method of payment (e.g., credit or debit card, PayPal account, etc.) tied to an account at a financial  institution when they register for an account (to ensure users are able to make applicable payments to CovLC) or upon ordering products or services.  

You are responsible for ensuring that a valid method of payment is associated with your CovLC account at all times (either the original method of payment or a replacement). To confirm your method of payment is valid, CovLC may initiate a "pending" charge on the account. This charge will not be confirmed and, therefore, you will not be charged and it will simply disappear from your financial statement (usually within seven days - check with your financial institution for additional information). Please be aware that this pending charge may be initiated each time you edit the payment information for your account or place an order that cannot be processed.

 

Authorization Holds: For certain transactions (e.g., book rentals, tutoring sessions), we may authorize anticipated charges and taxes from your method of payment. The amount of the authorization sought will depend on the transaction and may also vary depending on the nature of the payment method you have provided. This is sometimes referred to as an authorization hold and these funds may not be available for your use. If the fees incurred exceed the authorization hold (e.g. Because of an auto-extension or unreturned, lost, stolen, or damaged book), we may automatically request additional authorization holds. If the provider for your method of payment rejects any authorization, you agree that we may charge any other method of payment we have on file for you (without notice to you, unless required by applicable law). At the conclusion or termination of an ongoing transaction (e.g., return of a rented book), if the charges do not exceed the amount due, the authorization for the amount not utilized will be released per the rules of your payment method provider. The timeframe for an authorization hold to be removed will depend on the policies of your financial institution. You are responsible and liable for ensuring that enough funds are available in connection with the payment method used at the time any transaction is processed.

 

Other Policies: Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card’s security code (e.g., CVC, CVV, CID). CovLC will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. CovLC may store your method of payment and you hereby acknowledge and agree that CovLC may charge you for, and you will pay for, any charges specified on the Services and for any auto-extension or unreturned, lost, stolen, or damaged books associated with your account under the terms of your book rental and in accordance with the General Policies. For any books or other materials kept beyond the applicable rental term, you agree to be charged the applicable late fees as set out in our General Policies. For any books or other rental materials that are never returned (an item is deemed “never returned" if it has not been returned in the period posted in our General Polices) or that are returned damaged, you agree to be charged for the value of the item(s) as set out in our General Policies. CovLC reserves the right to place you into collections if you fail to timely pay for the products and services ordered through the Services; collections may be done by CovLC or a third-party on CovLC’s behalf. You also agree that we may, at our discretion, send your account to a collection agency, and recover our reasonable costs of collection from you, if you fail to pay all fees due and owing to CovLC. For security reasons or to otherwise from a financial instrument or payment, CovLC may delay mailings of books or otherwise delay providing payments or services even if such delay impacts a guaranteed delivery date.

CovLC has a variety of personalized services meeting your needs.  The Company offers “On Demand” Service for students who require immediate service within two hours and Subscription Programs customized for your nee

ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICES, OR REGARDING THE RESULTS OF THE USEOF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SETOUT ON THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, THE COVLC PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THECOVLC PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOURACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

THE CovLC PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BYTHIRD-PARTIES ON THE SERVICES OR LINKED SERVICES, AND SUCH SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FORACCURACY OR COMPLETENESS BY COVLC. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE SERVICES DOES NOT IMPLY APPROVAL ORENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY CovLC. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR INCONNECTION WITH THE SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. CovLC TAKES NO RESPONSIBILITY FOR THIRD-PARTYADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES OR LINKED SERVICES, NOR DOES ITTAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD-PARTIES. THIS "DISCLAIMERS" SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH CovLC

 

Limitations of Liability; Waiver

IN NO EVENT SHALL THE CovLC PARTIES BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICES; (B) THE CovLC CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E)ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COVLC PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THESITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THESE