Acceptance of Terms and Conditions
Welcome to The Great Courses. The following Terms and Conditions, which include
www.thegreatcourses.com and all websites associated with the thegreatcourses.com
domain (our “Site”), whether as a guest or as a registered user. These
Terms and Conditions also govern the supply of any of the products listed on our
Site to you, including all features and functionalities, instant streaming, our
website and user interfaces, and all content associated therewith (the “Products
and Services”). By using, visiting, or browsing the Site, or by ordering any
of our Products and Services, you accept and agree to be bound by these Terms and
Changes to Terms and Conditions
The Teaching Company, LLC (the “Company” or “we”) reserves
the right, from time to time, with or without notice to you, to change these Terms
It is your sole responsibility to check the Site from time to time to view any such
changes to these Terms. You will be deemed to have accepted such changes by continuing
to use the Site. The most current version of these Terms and Conditions can be reviewed
by visiting our website and clicking on “Terms and Conditions” located
at the bottom of the pages of the Site. The most current version of the Terms and
Conditions will supersede all previous versions.
Information about Us
Our Site is a web site operated by The Teaching Company, LLC, 4840 Westfields Blvd.,
Suite 500, Chantilly, VA 20151-2299 (under the trading name of The Great Courses).
If you would like information on how to contact us, click Contact Us.
Accessing Our Site
Access to our Site is permitted on a temporary basis, and we reserve the right to
withdraw or amend the service we provide on our Site without notice. We will not
be liable if for any reason our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Site, or our entire
Site. We have the right to terminate your access to the Site if we determine that
you have failed to comply with any of the provisions of these Terms and Conditions.
You are solely responsible for keeping confidential any password you may be granted
to access our Site. We advise you not to share your password, payment methods or
any other information associated with our Site or your account with anyone.
Use of Our Site
By accessing our Site you agree to use our Site, including all features and functionalities
associated therewith and all content and software associated therewith, in accordance
with all applicable laws, rules and regulations, including public performance limitations
or other restrictions on use of the service or content therein. In addition, the
following restrictions apply to your use of our Site:
(a) You shall not to upload, post, e-mail or otherwise send or transmit any material
that 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 associated with our Site.
(b) You shall not to interfere with the servers or networks connected to any portions
of our Site or to violate any of the procedures, policies or regulations of networks
connected to our Site.
(c) You shall not to impersonate any other person while using our Site, conduct
yourself in a vulgar or offensive manner while using our Site, or use our Site for
any unlawful purpose.
(d) You shall not attempt to gain unauthorized access to our Site, the server on
which our Site is stored or any server, computer, or database connected to our Site;
(e) You shall not use our Site in any way that is unlawful or fraudulent, or has
any unlawful or fraudulent purpose or effect;
(f) You shall not use our Site to send, knowingly receive, upload, download, use
or reuse any material which does not comply with all relevant provisions of these
Terms and Conditions;
(g) You shall not use our Site to transmit, or procure the sending of, any unsolicited
or unauthorized advertising or promotional material or any other form of similar
solicitation (spam); or
(h) You shall not use our Site to knowingly transmit any data; send or upload any
material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers,
spyware, adware, or any other malicious or harmful programs or similar computer
code designed to attack our Site (via a denial-of-service attack or a distributed
denial-of service attack); or otherwise adversely affect the operation of any computer
software or hardware.
Use of Our
We provide streaming Products and Services and non-streaming digital downloads over
the internet to certain devices (streaming and non-streaming digital downloads are
hereinafter collectively referred to as “Streaming Service”).
Currently, Streaming Service is only available on computers and certain iPadÂ® devices.
We reserve the right in our sole and absolute discretion to make changes from time
to time and without notice in how we operate Streaming Service. Any description
of how Streaming Service works should not be considered a representation or obligation
with respect to how the service will always work. We are constantly making adjustments
to Streaming Service and often these adjustments are not completely captured within
these Terms and Conditions.
(a) Availability of Streaming Service:
The availability of Streaming Service will change from time to time, and from country
to country. The quality of Streaming Services may vary from computer to computer,
and device to device, and may be affected by a variety of factors, such as your
location, the bandwidth available through and/or speed of your internet connection.
We will stream a small amount of data to your device as a buffer each time you start
Streaming Service. Frequently starting and stopping Streaming Service will result
in a minor increase to the amount of data the Company streams to you per hour. You
are responsible for ensuring that you have internet access and for all internet
access charges. Please check with your internet provider for information on possible
Internet data usage charges. The Company makes no representations or warranties
about the quality of Streaming Service.
Streaming Service may be unavailable to you from time to time in connection with
maintenance or for other technical or non-technical reasons, and, as a result, without
prior notice to you, some or all Products or Services ordinarily available via Streaming
Service may cease to be available.
(b) Initiation of Streaming Service:
The amount of time it takes to initiate Streaming Service on a device will vary
based on a number of factors, including your location, available bandwidth at the
time, the particular Product or Service you have selected and the configuration
of your device. In addition, you must be connected to the internet throughout the
period in which you are accessing Streaming Service.
(c) Geographic Limitations:
You may access Streaming Service only in geographic locations where we offer Streaming
Service. In addition, the content that may be available to watch may vary by geographic
(d) Software for Accessing Streaming Service:
Streaming Service software is licensed to the Company and is designed to enable
streaming of content from the Company to certain devices. This software is licensed
to you by the Company pursuant to these Terms and Conditions and solely for the
purpose of using Streaming Service and for no other purpose whatsoever. WE DO NOT
WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY
WITH OUR SERVICE. You may not copy or reproduce the software nor may you decompile,
reverse engineer, disassemble, modify or creative derivative works of any of the
software, or any portion thereof. Any unauthorized use of the software is strictly
prohibited and the Company reserves the right to not provide the software (including
updates) to you at any time and to discontinue the ability to access the Streaming
Service through such software at any time, without prior or any notice.
BY USING STREAMING SERVICE, YOU ACKNOWLEDGE AND AGREE TO RECEIVE, WITHOUT FURTHER
NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE RELATED TO THE STREAMING SERVICE.
IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE THE STREAMING SERVICE.
We do not warrant that any of the software used and or licensed in connection with
Streaming Service will be compatible with other third party software nor do we warrant
that operation of Streaming Service and the associated software will not damage
or disrupt other software or hardware. IN ADDITION, WE DO NOT TAKE RESPONSIBILITY
OR OTHERWISE WARRANT THE PERFORMANCE OF DEVICES USED IN CONNECTION WITH STREAMING
SERVICE, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE.
By using Streaming Service, you agree to look solely to the entity that manufactured
and/or sold you the device for any issues related to the device and its compatibility
with Streaming Service. Any issues related to Streaming Service, including any system
requirements, are covered and limited by these Terms and Conditions.
User Created Content
We permit you to post or send to us comments, information, ideas, concepts, reviews,
or techniques and other material relating to Products and Services (each a “Response”).
(a) Restrictions on Response Content
You are not permitted to post Responses that contain: harsh, profane or discriminatory
language; illegal, obscene, threatening, defamatory or otherwise objectionable content;
URLs, phone numbers, mailing or e-mail addresses, other personal information; misleading
information regarding the origin of the Response; or a discussion of the Company’s
policies or services. We do not regularly review the Responses posted on our Site;
however, we reserve the right to reject, remove or edit any such Responses at any
time without notice to you. You understand and agree that we may, but are not obligated
to, review Responses and may delete or remove them (without notice to you) in our
sole and absolute discretion, for any reason or no reason. In addition, we may use
Responses for the purposes set forth under the “Use of Responses: License
Grant” section below.
(b) Use of Responses: License Grant
The Company is free to use any comments, information, ideas, concepts, reviews,
or techniques or any other material contained in any communication you may send
to us (each a “Response”), without further compensation, acknowledgement
or payment to you for any purpose whatsoever including, but not limited to, developing,
manufacturing and marketing products and creating, modifying or improving the Site
or the Products and Services. Furthermore, by posting any Response on our site,
submitting a Response to us, or in responding to questionnaires, you grant us a
perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including
the right to sublicense such right, and right to display, use, reproduce or modify
the Response submitted in any media, software or technology of any kind now existing
or developed in the future.
BY SUBMITTING A RESPONSE, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE
RELEASE OF ALL INFORMATION PROVIDED IN YOUR RESPONSE, INCLUDING YOUR RATING OF A
PRODUCT OR SERVICE, TO A PUBLIC FORUM, INCLUDING OTHER USERS OF OUR SITE. IF YOU
DO NOT WANT YOUR RESPONSES TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE RESPONSE
FEATURE ON OUR SITE.
from, our Site, to understand our practices in relation to any personal information
to and Links from Our Site
Where our Site contains links to other web sites and resources provided by third
parties, these links are provided for your information only. We have not reviewed
the content of those web sites and have no control over the content of those web
sites or resources, and accept no responsibility for them or for any loss or damage
that may arise from your use of them. We are not responsible for and do not endorse
or warrant any materials, information, goods or services available through any linked
websites. These third party web sites have separate and independent privacy statements,
Grant of Limited License to Use the Products and Services
Unless otherwise specified, the Products and Services, including any content viewed
through our Streaming Service, are for your personal and non-commercial use only
and we grant you a limited, non-exclusive, non-transferable, license for that purpose.
Except for the foregoing limited license, no right, title or interest shall be transferred
to you. You may not download (other than through page caching necessary for personal
transmit, display, perform, reproduce, duplicate, publish, license, create derivative
works from, or offer for sale any information contained on, or obtained from or
through, the our Site, without our express written consent. You may not circumvent,
remove, alter, deactivate, degrade or thwart any of the content protections on our
Products and Services. Any unauthorized use of the Streaming Service or its contents
will terminate the limited license granted by us and will result in the cancellation
of your membership.
Ordering Products or Services
(a) Restrictions on Purchases of Products and Services
(i) Restrictions on Geographic Availability
Some restrictions are placed on the extent to which we accept orders for Products
or Services from specific countries. These restrictions can be found on our Frequently
Asked Questions page of our Site. Please review our Frequently Asked Questions pages
on our Site, as relevant, before ordering Products and Services from us.
(ii) Restrictions on Age of Purchaser
You must be 18 years of age or older to place an order on our Site. In certain jurisdictions,
the age of majority may be older than 18, in which case you must satisfy that age
in order to become a member. Individuals under the age of 18 may only place an order
on our Site with the involvement of a parent or legal guardian, under such person’s
(b) Product Orders for Shipment
When you place an order to purchase a Product from our Site, we will send you a
confirmatory email that will contain details of the Product(s) you have ordered
along with any delivery charges.
You must check that the details in the confirmatory email are correct as soon as
possible and should print out and keep a copy of it for your records.
Your order will represent an offer to us to purchase the relevant Product(s) which
will be accepted by us when we dispatch the Product(s) ordered from our headquarters
in Virginia, USA, to you.
We will confirm that the Product(s) (other than downloads and Streaming Service)
have been dispatched to you by sending you an e-mail confirmation (a “Shipping
Confirmation”). This Shipping Confirmation will be evidence that we dispatched
the Product(s) to you, and that the contract between us (the “Contract”)
has been formed. The Contract shall be deemed to include these Terms and Conditions.
In the event that we are unable to fulfill your total order in one shipment (for
example if one of the Products you have ordered are out of stock), any Product(s)
on the same order which we have not confirmed in the Shipping Confirmation to have
been dispatched will not form part of that Contract. We will not be obliged to supply
any such Product(s) which may have been part of your order until the dispatch of
such Product(s) has been confirmed in a separate Shipping Confirmation.
(c) Orders for Digital Download or Streaming Service
When you place an order to purchase any downloadable Products or Services, we will
send you a confirmatory email that will contain details of what you have ordered,
any delivery charges, as well as details regarding how you can download them. When
you are purchasing a downloadable or streaming Product or Service, the Contract
between us relating to such downloads or streaming Products or Services will only
be formed once we make those Products and Services available for you to download
from our servers.
(d) Import Duty
Orders may be subject to import duties and taxes which are levied when the delivery
reaches the specified destination. You will be responsible for payment of any such
import duties and taxes. Please note that we have no control over these charges
and cannot predict their amount. Please contact your local customs office for further
information before placing your order, and please refer to the Frequently Asked
Questions Page of our Site for further information.
Please also note that it is your responsibility to understand and comply with all
applicable laws and regulations of the country for which the products are destined.
We will not be liable for any breach by you of any such laws.
(e) Risk and Title
The risk of loss or damage to Product(s) passes to you on delivery of the Product(s).
Ownership of the Product(s) will only pass to you when we receive full payment of
all sums due in respect of the Product(s), including postage and packing charges.
The price of any Product(s) will be as quoted on our Site from time to time, except
in cases of obvious error.
Prices are liable to change at any time, but changes will not affect orders for
which we have already sent you a Shipping Confirmation (or confirmation email in
relation to downloads).
Our Site contains a large number of Products and Services and it is always possible
that, despite our best efforts, some of the Products and Services listed on our
Site may be incorrectly priced. We will normally verify prices as part of our dispatch
and distribution procedures so that, where a Product’s or Service’s
correct price is less than our stated price, we will charge the lower amount when
dispatching or distributing such Product or Service to you. If a Product’s
correct price is higher than the price stated on our Site, we will normally, at
our discretion, either contact you for instructions before dispatching the Product,
or reject your order and notify you of such rejection. In such circumstances, we
are under no obligation to provide the Product or Service to you at the incorrect
(lower) price, even after we have sent you a Shipping Confirmation, if the pricing
error is obvious and unmistakable and could have reasonably been recognized by you
as incorrect pricing.
Payment for all Products and Services must be by credit or debit card. We accept
payment with American Express, Visa, MasterCard and Discover. We will not charge
your credit or debit card until we dispatch your order.
We are the owner or the licensee of all intellectual property rights in and to our
Site, the material published on our Site and in the Products Services available
through our Site (“Company Intellectual Property”). All such rights
in Company Intellectual Property not expressly granted in by the Company are reserved.
The trademarks used on our Site are the property of their respective owners.
You are not permitted to modify the paper or digital copies of Company Intellectual
Property, or to use any illustrations, photographs, video or audio sequences or
any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material
on our Site must always be acknowledged.
If you print off, copy, download or otherwise use any part of our Site or our Products
Products and Services will cease immediately and you must, at our option, return
or destroy any copies of the materials you have made.
The Great Courses Products and Services are provided for your personal use only.
You agree not to resell, copy, or redistribute The Great Courses’ materials,
nor may you use it for any commercial purpose.
If you order downloadable or streaming Products or Services, you agree that The
Great Courses’ encrypted watermarks are reasonable means to detect misappropriation
of its course materials which are protected by copyright and trademark law. You
agree that removal of such watermarks would violate the terms of this contract.
Commentary, testimonials, reviews, and other materials posted on our Site along
with the Products and Services themselves are not intended to amount to advice on
which reliance should be placed. We therefore disclaim all liability and responsibility
arising from any reliance placed on such materials by any visitor to our Site, or
by anyone who may be informed of any of its contents. Any of the material on our
Site may be out of date at any given time, and we are under no obligation to update
Our liability for losses you suffer as a result of us breaching this agreement,
including deliberate breaches, is strictly limited to the purchase price of the
Product you purchased.
(a) Disclaimers of Warranties and Limitations on Liability
EXCEPT AS OTHERWISE PROVIDED ON OUR SITE, PRODUCTS AND SERVICES ARE PROVIDED “AS
IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF
ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WITH RESPECT TO THE STREAMING SERVICE, OUR SITE, AND ALL AND SOFTWARE ASSOCIATED
THEREWITH. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF
STREAMING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY
MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF STREAMING SERVICE, INCLUDING
FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE COMPANY SPECIFICALLY DISCLAIMS
LIABILITY FOR THE USE OF DEVICES IN CONNECTION WITH STREAMING SERVICE (INCLUDING
THEIR CONTINUING COMPATIBILITY WITH STREAMING SERVICE). Without limiting the foregoing,
we and our licensors assume no liability or responsibility for any of the following:
(i) any failure or interruption in the availability of Streaming Service, (ii) delivery
and or display of any content contained on our Site or otherwise through Streaming
Service; and (iii) any losses or damages arising from the use of the Products or
Services provided on our Site or otherwise through Streaming Service, including
any losses or damages arising from downloading of related software, downloading
and/or use of any other software. EXCEPT AS OTHERWISE PROVIDED ON OUR SITE, TO THE
EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES,
INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not represent or guarantee
that your use of the Streaming Service will be free from interruption, loss, corruption,
attack, viruses, interference, hacking, or other security intrusion and we disclaim
any liability with respect thereto. No oral or written information or advice given
by the Company or an authorized representative of the Company shall create a warranty
or otherwise constitute a representation binding upon the Company.
IN NO EVENT SHALL THE COMPANY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO
YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED
OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF PRODUCTS OR SERVICES, OUR SITE, AND
ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS
OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH EXCEED
THE PURCHASE PRICE OF THE RELEVANT PRODUCT OR SERVICE. IN THE EVENT THAT A CLAIM
DOES NOT RELATE TO A PRODUCT OR SERVICE, OUR TOTAL LIABILITY TO YOU FOR ANY RELATED
DAMAGES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS
WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY
APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE
BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY TO THE COMPANY WILL BE LIMITED
TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, any parent corporation,
its affiliates, and its and their officers, directors, employees and agents, from
and against any and all claims, damages, obligations, losses, liabilities, costs
or debt, and expenses (including but not limited to reasonable attorney's fees)
arising from: (i) your use of and access to the Site; (ii) your violation of any
term of these Terms of Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv) any claim
that any Response submitted by you causes damage to a third party. This defense
and indemnification obligation will survive these Terms and Conditions and your
use of the Site.
Transfer of Rights and Obligations
These Terms and Conditions and any Contract between you and us is binding on you
and us and on our respective successors and assigns.
You may not transfer, assign, change, or otherwise dispose of these Terms and Conditions
or a Contract, or any of your rights or obligations arising under them, without
our prior written consent. We may transfer, assign, charge, sub-contract or otherwise
dispose of these Terms and Conditions or a Contract, or any of our rights or obligations
arising under them, at any time.
If we fail, at any time during the term of a Contract, to insist upon strict performance
of any of your obligations under the Contract or any of these Terms and Conditions,
or if we fail to exercise any of the rights or remedies to which we are entitled
under the Contract or these Terms and Conditions, this shall not constitute a waiver
of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions shall be effective unless it
is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms and Conditions or any provisions of a Contract are determined
by any competent authority to be invalid, unlawful, or unenforceable to any extent,
such term, condition, or provision will to that extent be severed from the remaining
terms, conditions, and provisions which will continue to be valid to the fullest
extent permitted by law.
Law and Jurisdiction
Contracts for the purchase of Products and Services through our Site and any dispute
or claim arising out of or in connection with them or their subject matter or formation
(including non-contractual disputes or claims) will be governed by governed by and
construed in accordance with the laws of the state of New York, without regard to
conflict of laws provisions. and shall be subject to the non-exclusive jurisdiction
of the courts of New York, New York.
These Terms and Conditions and any document expressly referred to in them represent
the entire agreement between us in relation to the subject matter of any Contract
and supersede any prior agreement, understanding, or arrangement between us, whether
oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied
on any representation, undertaking, or promise given by the other or be implied
from anything said or written in negotiations between us prior to such Contract
except as expressly stated in these Terms and Conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the
other, whether orally or in writing, prior to the date of any Contract (unless such
untrue statement was made fraudulently) and the other party's only remedy shall
be for breach of contract as provided in these Terms