Terms of Service
Thank you for using Sociometrics!
Who May Use our Services
You may use our Services only if you, your group, or your institution are a paid subscriber to Sociometrics Corporation (tiered pricing). When you create your Sociometrics account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
Our License to You
Individual and group subscribers. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services with the payment of a monthly subscription fee, paid in advance. We will automatically renew your subscription by charging the monthly subscription fee to your credit card on file), until and unless you cancel your subscription (see Cancellation section below). Most of our website content is view-only; some data, materials and software are downloadable. Downloaded content is only for your personal, non-commercial use, unless you obtain Sociometrics’ written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
Institutional subscribers. You certify that the IP address range you provide Sociometrics covers the constituencies listed in your License and no other constituencies. Only these Licensed constituencies will have access to our Services. Institutional access is by annual subscription only.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Sociometrics does not waive any rights to use similar or related Feedback previously known to Sociometrics, developed by its employees or contractors, or obtained from other sources.
We care about the security of our users. While we work to protect the security of your account and related information, Sociometrics cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing firstname.lastname@example.org.
Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Sociometrics cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Sociometrics disclaims any responsibility or liability related to your access or use of such third party content.
Copyright and Trademark Policy
Sociometrics asserts (sole or shared) copyright for all the content on this website. Sociometrics respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Sociometrics Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.
Sociometrics offers paid Services (e.g., Training and Course Certificates for certain courses) for a fee. Please contact us for additional information. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your group size, personal library size, and other factors, and Sociometrics reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Sociometrics may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available. None of Sociometrics, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "Sociometrics Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go. If you cancel your subscription, no refund will be due for the current paid subscription period, but your credit card will no longer be charged for the next subscription period.
We will not share any information you provide us with any third party. We may provide usage reports to your group or institutional administrator on request but the reports will not reveal any individual information.
The services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. The sociometrics parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The sociometrics parties further disclaim any and all liability related to your access or use of the services or any related content. You acknowledge and agree that any access to or use of the services or such content is at your own risk.
Limitation of Liability
To the maximum extent permitted by law, the sociometrics parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) Your access to or use of or inability to access or use the services; or (b) Any conduct or content of any party other than the applicable sociometrics party, including without limitation, any defamatory, offensive, or illegal conduct.
You agree that any cause of action related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You agree to indemnify, defend, and hold harmless the Sociometrics Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
The Services are managed by Sociometrics, which is located in Santa Clara County, California. You agree that any dispute related to these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Clara County, California as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or Sociometrics may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and Sociometrics. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Sociometrics’ participating institutions are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
If you'd like to cancel your subscription, follow our cancellation instructions.