Terms of Service

By accessing, browsing, or using the Coursepacker platform ("Platform"), including any associated websites, applications, APIs, or services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must not access or use the Service.

When you create an account on Coursepacker, you will be presented with these Terms and asked to affirmatively accept them through a clickwrap agreement. By clicking "I Agree," "Sign Up," or any similar button during the registration process, you enter into a legally binding agreement with Coursepacker. This clickwrap acceptance constitutes your electronic signature and has the same legal effect as a handwritten signature.

You must be at least eighteen (18) years of age to use the Service. If you are between the ages of thirteen (13) and eighteen (18), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By allowing a minor to use the Service, the parent or legal guardian assumes full responsibility for the minor's conduct and any obligations arising under these Terms. Users under the age of thirteen (13) are strictly prohibited from using the Service.

Your continued use of the Service after any modifications to these Terms constitutes your acceptance of such modifications. We encourage you to review these Terms periodically. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Coursepacker is a digital marketplace platform that facilitates the creation, distribution, and sale of short teaching case studies and coursepacks for use in higher education. The Platform connects content creators (instructors and professors who author cases) with buyers (other instructors who assemble coursepacks and students who purchase access to those coursepacks).

Coursepacker is expressly not a publisher. We do not commission, create, edit, review for accuracy, fact-check, endorse, or exercise editorial control over any content uploaded to the Platform by authors. The Platform serves solely as a technological intermediary that facilitates transactions between authors and buyers. All content available on the Platform is the sole responsibility of the author who uploaded it.

The Service includes, but is not limited to: hosting and storage of teaching case PDFs and supplementary materials; digital rights management including watermarking and encryption of PDF files; payment processing and revenue distribution; coursepack assembly tools for instructors; search and discovery features; review and rating systems; and content reporting and moderation tools. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

Coursepacker does not guarantee the quality, accuracy, completeness, or suitability of any content available on the Platform. Users are solely responsible for evaluating the appropriateness of any content for their educational purposes. Any reliance on content obtained through the Service is at the user's own risk.

To access the full functionality of the Service, you must create an account. There are three types of accounts on Coursepacker: Instructor accounts, Student accounts, and Admin accounts. Each account type is subject to specific eligibility requirements and grants different levels of access to the Platform.

Instructor accounts are available to faculty members, adjunct professors, lecturers, and other academic professionals at accredited educational institutions. To register as an Instructor, you must provide: a valid institutional email address ending in .edu (or the equivalent domain for international institutions); the name and address of your affiliated institution; and a publicly accessible faculty profile URL that verifies your identity and institutional affiliation. Coursepacker reserves the right to verify your credentials and deny or revoke Instructor status if your affiliation cannot be confirmed. Instructor accounts allow users to both author and sell cases and to purchase and assemble coursepacks for their courses.

Student accounts require a valid email address. Students may register to purchase coursepacks assigned by their instructors and to access purchased content through the Platform. Students may not author or sell cases.

By registering for an account, you agree to: provide accurate, current, and complete information during the registration process; maintain and promptly update your account information to keep it accurate, current, and complete; maintain the security and confidentiality of your login credentials and not share your account with any other person; accept responsibility for all activities that occur under your account; and immediately notify Coursepacker of any unauthorized use of your account or any other breach of security. Coursepacker shall not be liable for any loss or damage arising from your failure to comply with these account security obligations.

You may not create multiple accounts for the purpose of circumventing these Terms, manipulating ratings or reviews, or engaging in any other fraudulent activity. Coursepacker reserves the right to merge, suspend, or terminate duplicate or fraudulent accounts without notice.

By uploading content to the Platform, including but not limited to teaching cases, teaching notes, exhibits, and supplementary materials (collectively, "Author Content"), you represent, warrant, and covenant that:

The Author Content is your original work or you have obtained all necessary licenses, permissions, consents, and releases from any third-party rights holders to grant the rights contemplated by these Terms. You are the sole author or have obtained written permission from all co-authors to publish the work on the Platform and to grant the license described in Section 5.

The Author Content is based solely on publicly available information, including but not limited to published reports, news articles, academic literature, public filings, and other materials available through standard library research (commonly referred to as "library cases"). Your content does not contain, incorporate, or rely upon any confidential, proprietary, or trade secret information obtained through consulting engagements, private business relationships, insider access, or any other non-public channel.

The Author Content complies with your institution's intellectual property policies, including any policies regarding faculty-created works, works for hire, or institutional claims to intellectual property. You have obtained any required institutional approvals or clearances prior to uploading the content. You have the full legal authority to grant the license described in Section 5 without violating any obligation to your institution, employer, or any third party.

The Author Content does not infringe upon or violate any copyright, trademark, patent, trade secret, right of publicity, right of privacy, or any other intellectual property or proprietary right of any person or entity. The content is not defamatory, libelous, obscene, or otherwise unlawful. The content does not violate any applicable law, regulation, or ethical standard, including but not limited to research ethics guidelines and human subjects protection requirements.

You are solely responsible for the accuracy, legality, reliability, appropriateness, and intellectual property ownership of all Author Content you upload. Coursepacker does not pre-screen content and assumes no responsibility for reviewing the accuracy or legality of Author Content. You agree to promptly correct or remove any content that you discover to be inaccurate, infringing, or otherwise in violation of these Terms.

Content quality standards: All Author Content must meet minimum quality standards, including: proper formatting consistent with the Coursepacker template; completeness of the case narrative and teaching materials; readability and professional-quality writing free of significant grammatical or factual errors; and appropriate academic rigor for the stated difficulty level. Coursepacker reserves the right to return submissions that do not meet these standards and request revision before publication.

AI-generated content disclosure: If any portion of your Author Content was generated, drafted, or substantially revised using artificial intelligence tools (including but not limited to large language models, AI writing assistants, or automated content generators), you must disclose this fact in the case description or teaching note. Failure to disclose AI-assisted content generation constitutes a misrepresentation under these Terms. The use of AI tools does not relieve you of responsibility for the accuracy, originality, and quality of the content.

Plagiarism prohibition: Author Content must not contain plagiarized material. You must properly attribute all sources, quotations, and ideas drawn from other works. Submitting another person's work as your own, including content generated by others (whether human or AI), without proper attribution and permission constitutes plagiarism and is grounds for immediate content removal and potential account termination.

By uploading Author Content to the Platform, you grant Coursepacker a non-exclusive, worldwide, royalty-free (meaning no separate licensing fee for hosting and distribution — this does not affect the revenue sharing described in Section 8, under which you receive 70% of sales), sublicensable license to: store, host, cache, and back up the content on our servers and third-party infrastructure providers; reproduce, format, and convert the content as necessary for Platform operations; display the content to prospective buyers, including case titles, descriptions, abstracts, metadata, skill tags, and preview excerpts; distribute copies of the content to authorized buyers, including watermarked and encrypted PDF versions; apply digital rights management protections including watermarking, encryption, and password protection to the content; create preview versions of the content for marketing and evaluation purposes; and promote, advertise, and market the content through the Platform, email communications, social media, and other promotional channels.

This license is granted solely for the purpose of operating, maintaining, improving, and promoting the Platform and the marketplace services provided therein. Coursepacker will not sell or license your content to third parties outside of the normal marketplace operations described in these Terms.

The license granted under this section shall terminate when you remove your content from the Platform, subject to the following exceptions: copies of the content that have already been distributed to purchasers prior to removal shall remain subject to the purchaser's license as described in Section 6; Coursepacker may retain archival copies of the content as required by law, for dispute resolution purposes, or for a reasonable period to process pending transactions; and promotional materials that incorporate references to your content may remain in circulation for a reasonable period after removal.

You acknowledge and agree that the digital rights management measures applied by Coursepacker, including watermarking and encryption, are applied to protect both your interests and the Platform's integrity. You consent to these modifications to your content as a necessary aspect of the distribution service.

When you purchase a case or coursepack through the Platform, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the purchased content solely for personal educational purposes. This license does not constitute a sale of the content or any intellectual property rights therein.

Under this license, you may: download and view the purchased content on your personal devices; use the content in connection with the specific academic course for which it was purchased; make limited annotations and highlights on your personal copy for your own study purposes; and reference and cite the content in academic work in accordance with standard academic citation practices.

You expressly may NOT: redistribute, share, forward, post, upload, or otherwise make the content available to any third party, whether for free or for compensation; copy, duplicate, or reproduce the content in whole or in part, except as necessary for personal backup purposes; resell, sublicense, rent, lease, or lend the content to any person or entity; create derivative works based on the content, including translations, adaptations, or compilations; remove, alter, or obscure any watermarks, copyright notices, or digital rights management protections applied to the content; or use the content for any commercial purpose outside of the licensed educational use.

Coursepacks are licensed for use within the specific course and academic term identified at the time of purchase. Purchased content must not be shared with individuals outside of the licensed course. Redistributing purchased PDFs publicly, posting them online, or distributing them to unauthorized users constitutes a material breach of these Terms and may result in immediate termination of your account and revocation of all licenses.

Coursepacker reserves the right to revoke your license to any content if you violate these Terms or if the content is removed from the Platform due to a valid copyright claim or other legal requirement. In such cases, Coursepacker may, at its sole discretion, provide a refund or credit for the affected content.

Digital rights management acknowledgment: You acknowledge that all PDF content distributed through the Platform is protected by digital rights management measures, including watermarking and encryption. Each purchased PDF contains a personalized footer watermark identifying the authorized user or course. You agree not to remove, alter, or obscure these protections.

Anti-circumvention: You acknowledge that the DRM protections applied to content on the Platform are technological measures that effectively control access to copyrighted works. Any attempt to circumvent, bypass, remove, deactivate, or impair these protections may violate Section 1201 of the Digital Millennium Copyright Act (17 U.S.C. § 1201) and subject you to civil and criminal penalties under applicable law, in addition to termination of your account and all licenses granted hereunder.

Authors retain full ownership of all intellectual property rights in their Author Content, subject only to the limited license granted to Coursepacker under Section 5. Nothing in these Terms shall be construed as a transfer or assignment of any intellectual property rights from the author to Coursepacker. Authors are free to publish, distribute, or license their content through other channels and platforms, provided that such activities do not conflict with the license granted herein.

The Coursepacker name, logo, trademarks, service marks, trade dress, and all associated branding elements are the exclusive property of Coursepacker and are protected by applicable trademark and intellectual property laws. The Platform's technology, software, code, design, user interface, algorithms, and underlying infrastructure are the proprietary property of Coursepacker and are protected by copyright, patent, trade secret, and other intellectual property laws.

Users may not use Coursepacker's name, logo, trademarks, or any confusingly similar marks without the prior written permission of Coursepacker. This prohibition includes use in domain names, social media accounts, advertising, or any other context that may suggest an affiliation with, endorsement by, or sponsorship by Coursepacker. Authorized use of Coursepacker branding must comply with any brand guidelines provided by Coursepacker.

If you believe that any content on the Platform infringes your intellectual property rights, please refer to our DMCA / Copyright Policy for instructions on how to submit a takedown notice.

Coursepacker operates on a revenue-sharing model. For each sale of Author Content through the Platform, the revenue is split as follows: seventy percent (70%) of the net sale price is paid to the author, and thirty percent (30%) is retained by Coursepacker as a platform fee. The "net sale price" means the purchase price paid by the buyer minus any applicable transaction fees, payment processing fees, chargebacks, and refunds.

All payment processing is handled through Stripe, our third-party payment processor. By using the Service as an author, you agree to Stripe's terms of service and privacy policy. Authors must set up a valid Stripe account and provide accurate banking and tax information to receive payouts. Coursepacker is not responsible for any delays, errors, or failures in payment processing caused by Stripe or the author's financial institution.

Authors are solely responsible for all applicable taxes, including but not limited to income taxes, sales taxes, value-added taxes, and any other taxes or levies imposed by any governmental authority on earnings received through the Platform. Coursepacker may be required to report author earnings to tax authorities and may issue tax forms (such as IRS Form 1099) as required by applicable law. Authors must provide accurate tax identification information upon request.

Coursepacker reserves the right to withhold, delay, or suspend payouts in the following circumstances: when content is subject to a pending copyright dispute, takedown notice, or legal claim; when there is a reasonable suspicion of fraudulent activity on the author's account; when the author has not provided accurate tax or banking information; or when required by applicable law or legal process. Withheld funds will be released promptly upon resolution of the underlying issue, unless forfeited under these Terms.

In the event that a buyer receives a refund for purchased content, the author's earnings will be reduced proportionally. If a refund results in a negative balance on the author's account, the negative balance will be deducted from future earnings. Coursepacker reserves the right to modify the revenue-sharing percentages upon thirty (30) days' written notice to authors.

Payment schedule: Author payouts are processed monthly via Stripe Connect. Payments are initiated on or around the 15th of each month for earnings accrued during the previous calendar month. A minimum payout threshold of twenty-five United States dollars ($25.00) applies; if your balance is below this threshold, the balance will roll over to the following month. Stripe's standard processing times and transfer schedules apply once a payout is initiated.

Refund and chargeback policy: Buyers may request a refund within fourteen (14) calendar days of purchase, provided that (a) the content has not been downloaded more than twice, or (b) the content is materially different from its description. Coursepacker will review refund requests and issue refunds at its reasonable discretion. When a refund is issued, the corresponding author earnings (70% of the refunded amount) will be deducted from the author's balance. In the event of a chargeback initiated by a buyer's payment provider, the full sale amount (including the author's share) will be reversed, and a chargeback fee may be assessed in accordance with Stripe's policies.

Tax compliance: Authors are solely responsible for reporting and paying all taxes on income earned through the Platform. For U.S.-based authors, Coursepacker will issue IRS Form 1099-K if your earnings exceed the applicable reporting threshold. International authors may be required to provide a completed IRS Form W-8BEN (or W-8BEN-E for entities) before receiving payouts. Buyers are responsible for any applicable value-added tax (VAT), goods and services tax (GST), or other consumption taxes in their jurisdiction. Coursepacker will collect and remit such taxes where required by law.

Co-author revenue splits: When a case has multiple accepted co-authors, the author's share of revenue (70%) is split equally among all accepted co-authors by default. Co-authors may agree to a different split arrangement by written agreement between themselves; such agreements are solely between the co-authors, and Coursepacker bears no responsibility for enforcing custom split arrangements. Any disputes between co-authors regarding revenue splits must be resolved between the parties.

Currency: All prices, payments, and payouts on the Platform are denominated in United States dollars (USD). Buyers making purchases from outside the United States are responsible for any currency conversion fees charged by their payment provider or financial institution.

Coursepacker respects the intellectual property rights of others and expects its users to do the same. We comply with the Digital Millennium Copyright Act of 1998 ("DMCA") and other applicable copyright laws. Our full DMCA policy, including instructions for submitting takedown notices and counter-notifications, is available at our DMCA / Copyright Policy page.

If you believe that any content on the Platform infringes your copyright, you may submit a written notification to our designated DMCA agent in accordance with the procedures described in our DMCA policy. Your notification must include: identification of the copyrighted work you believe has been infringed; identification of the allegedly infringing material on the Platform with sufficient information for us to locate it; your contact information, including name, address, telephone number, and email address; a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; a statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and your physical or electronic signature.

Upon receipt of a valid takedown notice, Coursepacker will promptly remove or disable access to the allegedly infringing material and notify the author who uploaded it. The author may submit a counter-notification if they believe the content was removed in error. Coursepacker will process counter-notifications in accordance with the DMCA and may restore removed content if the original complainant does not file a court action within the statutory period.

Coursepacker maintains a policy of terminating the accounts of users who are repeat infringers, as described in Section 10. We reserve the right to remove any content and terminate any account at our discretion if we believe the user has engaged in copyright infringement, regardless of whether a formal DMCA notice has been received.

In accordance with the Digital Millennium Copyright Act and our commitment to protecting intellectual property rights, Coursepacker maintains a strict repeat infringer policy. Accounts of users who repeatedly infringe third-party copyrights will be terminated.

Specifically, if an author's account receives three (3) or more verified copyright infringement notices within any twelve (12) month period, the account will be permanently terminated. A "verified" infringement notice is one that complies with the requirements of the DMCA, has been reviewed by Coursepacker, and for which no valid counter-notification has been submitted within the statutory period, or for which a counter-notification was submitted but the original complainant subsequently filed a court action.

Upon the first verified infringement notice, the author will receive a written warning and the infringing content will be removed. Upon the second verified infringement notice within a twelve-month period, the author will receive a final warning, the infringing content will be removed, and the author's ability to upload new content may be temporarily suspended. Upon the third verified infringement notice within a twelve-month period, the author's account will be permanently terminated, all remaining content will be removed from the Platform, and any pending payouts may be withheld pending resolution of outstanding claims.

Coursepacker reserves the right to terminate an account after fewer than three infringement notices if the circumstances warrant such action, including but not limited to cases of willful or egregious infringement, commercial-scale piracy, or infringement involving particularly sensitive or harmful content. The determination of what constitutes a "repeat infringer" and the appropriate response is at Coursepacker's sole discretion.

You agree not to engage in any of the following prohibited activities while using the Service. Violation of these prohibitions may result in immediate suspension or termination of your account, forfeiture of any pending payouts, and potential legal action.

Content violations: Uploading, publishing, or distributing content that infringes any third-party copyright, trademark, patent, trade secret, or other intellectual property right; uploading content that contains or is based upon confidential, proprietary, or trade secret information; uploading content that is defamatory, libelous, obscene, pornographic, threatening, or otherwise unlawful; or uploading content that contains malware, viruses, or other harmful code.

Identity and account violations: Misrepresenting your identity, institutional affiliation, qualifications, or credentials; creating fraudulent accounts or using false information during registration; creating multiple accounts to circumvent restrictions, manipulate ratings, or engage in fraudulent activity; impersonating any person or entity, or falsely claiming an affiliation with any person or entity; or sharing, selling, or transferring your account credentials to any other person.

Security and technical violations: Redistributing purchased PDFs publicly, posting them on websites or social media, or distributing them to unauthorized users; using automated tools, bots, scrapers, crawlers, or similar technologies to access, scrape, or collect data from the Platform; circumventing, disabling, bypassing, or otherwise interfering with any digital rights management (DRM) protections, watermarks, encryption, or other security features of the Platform; attempting to gain unauthorized access to the Platform, other user accounts, or Coursepacker's systems or networks; or reverse engineering, decompiling, or disassembling any aspect of the Platform's technology.

Community violations: Harassing, threatening, intimidating, or bullying other users; manipulating ratings and reviews, including posting fake reviews, paying for reviews, or retaliating against users who leave negative reviews; using the Platform to send unsolicited communications, spam, or promotional materials; or interfering with any other user's ability to use and enjoy the Service.

Coursepacker reserves the right, but does not assume the obligation, to review, monitor, edit, unlist, or remove any content on the Platform at any time and for any reason, at our sole discretion. While we do not pre-screen all content, we may use automated tools, user reports, and manual review processes to identify content that violates these Terms or applicable law.

When content is identified as potentially violating these Terms, Coursepacker may take one or more of the following actions: issue a warning to the author; temporarily unlist the content (making it inaccessible to new buyers while keeping it available to existing purchasers); permanently remove the content from the Platform; suspend or terminate the author's account; or report the violation to appropriate authorities.

In non-emergency situations, Coursepacker will make reasonable efforts to notify the author before or promptly after taking action against their content. The author will be given an opportunity to respond, provide clarification, or correct the issue within a reasonable timeframe. If the author's response satisfactorily addresses the concern, the content may be restored at Coursepacker's discretion.

Notwithstanding the foregoing, Coursepacker may remove content immediately and without prior notice in cases involving: imminent safety concerns or threats of harm; clear and obvious copyright infringement; content that violates applicable law or is subject to a court order; content containing malware or security threats; or content involving the exploitation of minors. In such cases, the author will be notified after the content has been removed and may appeal the decision through the process described in the notification.

Users are encouraged to report content they believe violates these Terms by using the reporting tools available on the Platform. Coursepacker will review all reports in a timely manner and take appropriate action as warranted. Filing false or abusive reports is itself a violation of these Terms.

Appeals process: If your content has been removed or your account has been suspended or terminated, you may submit a formal appeal within thirty (30) calendar days of the action by emailing appeals@coursepacker.com. Your appeal must include: your account email address, the specific content or action you are appealing, the grounds for your appeal, and any supporting evidence or documentation. Coursepacker will review appeals within fifteen (15) business days and provide a written response. Appeals are reviewed by a different staff member than the person who made the original decision. The appeal decision is final. During the appeals process, the original moderation action remains in effect.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COURSEPACKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

COURSEPACKER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. WE DO NOT WARRANT THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

COURSEPACKER MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, OR SUITABILITY OF ANY CONTENT UPLOADED BY AUTHORS TO THE PLATFORM. ALL CONTENT IS PROVIDED BY THIRD-PARTY AUTHORS AND COURSEPACKER ASSUMES NO RESPONSIBILITY FOR REVIEWING, VERIFYING, OR ENDORSING SUCH CONTENT. ANY RELIANCE ON CONTENT OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COURSEPACKER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, COURSEPACKER'S WARRANTIES ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COURSEPACKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF COURSEPACKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL COURSEPACKER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO COURSEPACKER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, COURSEPACKER'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COURSEPACKER, AND THAT COURSEPACKER WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS.

You agree to defend, indemnify, and hold harmless Coursepacker, its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

Your content: Any Author Content you upload, publish, or distribute through the Platform, including but not limited to claims of copyright infringement, trademark infringement, defamation, invasion of privacy, misappropriation of trade secrets, or violation of any third-party intellectual property or proprietary rights.

Your use of the Service: Your access to, use of, or inability to use the Service, including any actions taken by you or by any person using your account credentials, and any content or data you submit, post, transmit, or make available through the Service.

Violation of these Terms: Any breach or alleged breach by you of any provision of these Terms, including your representations and warranties set forth herein.

Third-party rights: Any claim that your use of the Service or your content infringes, violates, or misappropriates any right of any third party, including intellectual property rights, privacy rights, publicity rights, or contractual rights.

Coursepacker reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of Coursepacker. Coursepacker will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without giving effect to any principles of conflicts of law that would require the application of the laws of a different jurisdiction.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and Mediation Procedures then in effect. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA rules. The seat of the arbitration shall be Wilmington, Delaware. The language of the arbitration shall be English. The arbitrator's decision shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Class action waiver: You and Coursepacker agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to participate in a class action lawsuit, class-wide arbitration, or any other representative proceeding against Coursepacker. If for any reason a claim proceeds in court rather than in arbitration, you and Coursepacker each waive any right to a jury trial.

Small claims exception: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the jurisdiction of such court, provided that such action is brought and maintained in small claims court and does not seek relief beyond the jurisdictional limits of such court. If the action is transferred, removed, or appealed to a different court, the arbitration agreement set forth above shall apply.

Equitable relief: Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Either party may terminate this agreement at any time. You may terminate your account by contacting Coursepacker support or using the account deletion functionality available in your account settings. Coursepacker may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, including but not limited to cases where Coursepacker reasonably believes that you have violated these Terms.

Coursepacker may suspend your account prior to termination if we need to investigate potential violations of these Terms, if required by law or legal process, or if we believe suspension is necessary to protect the safety, security, or integrity of the Platform or other users. During any suspension, you may not be able to access your account, your content, or your earnings. Coursepacker will make reasonable efforts to notify you of the reasons for any suspension and provide you with an opportunity to respond.

Upon termination of an author's account: all Author Content will be removed from the Platform and will no longer be available for new purchases; however, copies of content that have already been distributed to purchasers prior to termination shall remain accessible to those existing buyers in accordance with their purchase license. Coursepacker will pay out any earned but unpaid revenue to the author, minus any amounts that are subject to dispute, chargeback, or withholding under these Terms. Payouts will be processed within sixty (60) days of termination, subject to the author's provision of accurate payment information.

Upon termination of a buyer's account: access to previously purchased content may be revoked. Coursepacker is not obligated to provide refunds for previously purchased content upon account termination, except as required by applicable law.

The following sections shall survive any termination of these Terms: Sections 4 (Author Responsibilities), 5 (Content License, to the extent specified therein), 6 (Buyer License, for existing purchases), 7 (Intellectual Property), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution), and 19 (General Provisions).

Coursepacker reserves the right to modify, amend, or update these Terms at any time and at our sole discretion. We may make changes to address new features, changes in law, or for other operational reasons. The "Last updated" date at the top of these Terms will be revised to reflect the date of the most recent modifications.

For material changes to these Terms — including changes that affect your rights, obligations, or the scope of the Service — Coursepacker will provide notice through one or more of the following methods: sending an email to the address associated with your account; displaying a prominent notice on the Platform; posting an announcement on the Platform's blog or news section; or presenting an in-app notification when you next access the Service. Coursepacker will use reasonable judgment to determine which changes are material.

Your continued use of the Service after thirty (30) days following notification of material changes constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the Service and terminate your account before the thirty-day period expires. Your termination of your account will be processed in accordance with Section 17 of these Terms.

For non-material changes, such as typographical corrections, clarifications, or administrative updates, Coursepacker may update these Terms without prior notice. Such changes will be effective immediately upon posting. We encourage you to review these Terms periodically to stay informed of any updates.

Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.

Assignment: You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of Coursepacker. Coursepacker may freely assign, transfer, or sublicense its rights and obligations under these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

Force majeure: Coursepacker shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond Coursepacker's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions, labor disputes, power failures, telecommunications failures, internet outages, cyberattacks, or failures of third-party service providers.

No waiver: The failure of Coursepacker to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if made in writing and signed by an authorized representative of Coursepacker. A waiver of any right or provision on one occasion shall not be deemed a waiver of such right or provision on any subsequent occasion.

Entire agreement: These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Coursepacker with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and Coursepacker regarding the Service.

No agency or partnership: Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or franchise relationship between you and Coursepacker. Neither party has the authority to bind the other or to incur any obligation on the other's behalf. Authors are independent content creators and are not employees, agents, or representatives of Coursepacker.

Accessibility: Coursepacker is committed to making the Platform accessible to users with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you encounter accessibility barriers while using the Platform, please contact us at accessibility@coursepacker.com so that we can address your concerns.

FERPA clarification: Coursepacker is not a "school official" under the Family Educational Rights and Privacy Act (FERPA) and does not receive, store, or process education records as defined by FERPA. The Platform collects only the limited personal information necessary to operate the marketplace (name, email, institution, and payment information). Instructors should not upload student-identifiable information to the Platform.

State privacy laws: In addition to our Privacy Policy, we acknowledge the rights of users under applicable U.S. state privacy laws, including but not limited to the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CTDPA), and the Utah Consumer Privacy Act (UCPA). Residents of these states may exercise their rights as described in our Privacy Policy or by contacting us at privacy@coursepacker.com.

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us using the information below:

Email: legal@coursepacker.com

Mailing address: 565 TNRB, Brigham Young University, Provo, UT 84602

For copyright-related inquiries, including DMCA takedown notices and counter-notifications, please refer to our DMCA / Copyright Policy page for specific instructions and contact information for our designated DMCA agent.

For privacy-related inquiries, please refer to our Privacy Policy.

We aim to respond to all inquiries within five (5) business days. For urgent matters, including active copyright infringement or security concerns, please indicate "URGENT" in your subject line and we will prioritize your inquiry.