1. Welcome to Course Connect! These Terms of Service (the “Terms of Service”) apply to all users of the Course Connect mobile application (“Course Connect” or the “App”), owned and operated by AB Civil Consulting LLC (“AB Civil,” “we,” “us,” or “our”). By using the App, you agree to be bound by all of the Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR OR USE ANY OF THE SERVICES OFFERED OR PROVIDED THROUGH COURSE CONNECT. AB Civil provides its services (described below) to you through Course Connect (the “App”) and through its website located at ABCivilConsulting.com (the “Site”) (collectively, the “Services”).

2. Access and Use of the Service.

• (a) Use Description. When you use Course Connect, the Site, our Services, and any content viewed through our Services, we grant to you a limited, non-exclusive, non-transferable, license to access and use the content for training and information purposes. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the service for public performances. AB Civil may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.

• (b) Your Registration Obligations. You may be required to register with AB Civil in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service only with the approval of a parent or guardian.

• (c) Communications. By using the Services, you consent to receive electronic communications from AB Civil. These communications will include emails about your account, marketing emails, and other communications related to the App, the Site, or the Services.

• (d) Member Account, Password and Security. You should maintain control over all of the devices that are used to access the Service. If you fail to maintain control of a device, other users may access the Service through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify AB Civil of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. AB Civil will not be liable for any loss or damage arising from your failure to comply with this Section.

• (e) Modifications to Service. AB Civil reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AB Civil will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We have no obligation to retain any of your account or content for any period of time beyond what may be required by applicable law.

• (f) User Content. You are solely responsible for all code, video, images, information, data, text, software, photographs, graphics, messages or other materials (“User Content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via the Service. You acknowledge and agree that AB Civil may or may not pre-screen User Content, and that AB Civil shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, remove, or delete any User Content that violates these Terms of Service or is otherwise objectionable as determined by AB Civil in its sole discretion. AB Civil reserves the right to investigate and take appropriate legal action against anyone who, in AB Civil’s sole discretion, violates this provision, including without limitation, removing the offending User Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of AB Civil, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose AB Civil or its users to any harm or liability of any type;

  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  • violate any applicable local, state, national or international law, or any regulations having the force of law;

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;

  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

  
  

  WHILE AB CIVIL EXPLICITY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK, AND THAT AB CIVIL SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

  
  

• (g) Disputes Between Users. You agree that you are solely responsible for your interactions with any other user in connection with the Service and AB Civil will have no liability or responsibility with respect thereto. AB Civil reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

• (h) General Practices Regarding Use and Storage. You acknowledge that AB Civil may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on AB Civil’s servers on your behalf. You agree that AB Civil has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that AB Civil reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that AB Civil reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

• (i) Fees. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide AB Civil information regarding your credit card or other payment instrument. You represent and warrant to AB Civil that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay AB Civil the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms of Service. You hereby authorize AB Civil to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let AB Civil know within sixty (60) days after the date that AB Civil charges you. We reserve the right to change AB Civil's prices. Your continued use of the Service after a price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than taxes based on AB Civil's net income.

• (j) Recurring Subscriptions. If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize AB Civil to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that AB Civil is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, AB Civil, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. AB Civil may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully. Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you purchase any Service through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by AB Civil. Except as otherwise explicitly stated by AB Civil, the third-party marketplace will be solely responsible for making refunds under its refund policy, and AB Civil will have no refund obligations. AB Civil disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy. If you subscribed on our website, you can cancel by contacting AB Civil at adam@abcivilconsulting.com.

  
  

3. Intellectual Property Rights.

• (a) Service Content, Software and Trademarks. All content found on the App, the Site, or provided through the Services (the “Content”) is considered the copyrighted and trademarked intellectual property of AB Civil, or of the party that created or licensed the Content. Except as expressly authorized by AB Civil, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, republish, or create derivative works of the Content, or otherwise use the Content in any other unauthorized way. The AB Civil and Course Connect name and logos are trademarks and service marks of AB Civil (collectively the “AB Civil Trademarks”). Nothing in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of AB Civil Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of AB Civil Trademarks will inure to our exclusive benefit.

• (b) Third Party Material. Under no circumstances will AB Civil be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.

• (c) User Content Transmitted Through the Service. With respect to the User Content or other materials you upload through the Service or share with other recipients, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant AB Civil, its affiliated companies and partners a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise). You acknowledge and agree that AB Civil may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AB Civil, its users and the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  
  

4. Third Party Websites. The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. AB Civil has no control over such sites and resources and AB Civil is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that AB Civil will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that AB Civil is not liable for any loss or claim that you may have against any such third party.

5. Indemnity and Release. To the fullest extent permitted by law, you agree to release, indemnify and hold AB Civil and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

6. Disclaimer of Warranties. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, AB CIVIL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AB CIVIL MAKES NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS, OR (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. AB CIVIL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED OR ACCESSED THROUGH THE SERVICES.

7. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AB CIVIL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AB CIVIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) ANY ERRORS OR INACCURACIES IN THE CONTENT OR THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL AB CIVIL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AB CIVIL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

8. Termination. You agree that AB Civil, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if AB Civil believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that AB Civil may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Service. Further, you agree that AB Civil will not be liable to you or any third party for any termination of your access to the Service.

9. General.

• (a) Entire Agreement. These Terms of Service constitute the entire agreement between you and AB Civil and govern your use of the App, superseding any prior agreements between you and AB Civil with respect to the App. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.

• (b) Modifications to Terms of Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time, with or without notice. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the App, the Site, or the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time. You should review the Terms of Service periodically to determine if any changes have been made.

• (c) Disputes. These Terms of Service will be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. With respect to any disputes or claims, you and AB Civil agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Davidson County, Tennessee. The failure of AB Civil to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

• (d) Assignment. You may not assign these Terms of Service or any of your rights or obligations hereunder without the prior written consent of AB Civil. AB Civil may assign or transfer this Terms of Service, in whole or in part, without restriction.

• (e) Privacy. At AB Civil, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

  
  

10. Questions? Concerns? Suggestions? Please contact us at AB Civil Consulting LLC, 420 Madison St., Suite B-2, Clarksville, TN 37040, or at adam@abcivilconsulting.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.