Terms of use

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Terms of Use for Competitive Collaboration, LLC

Last Updated: March 2024

Welcome to Competitive Collaboration, LLC, developer of a peer learning online platform that leverages patented technology to offer a collaborative learning environment for higher education faculty and students, and corporate and non-profit organizations and employees (our “Service”). By accessing or using our services, you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy. If you do not agree to these Terms, you may not use our services.

1. Acceptance of Terms

This agreement is between Competitive Collaboration, LLC ("we", "us", or "our") and you, the user of our Service ("you" or "your"), collectively referred to as the "Parties". By using our Service, you agree to these Terms and acknowledge that you have read our Privacy Policy.

2. Use of Service

• Eligibility: You must adhere      to our Terms of Use and Data Privacy Policy. By agreeing to these, you      represent and warrant that you meet this requirement.
• Account Registration: You may need      to register for an account to access some features of the Service. You      agree to provide accurate, current, and complete information during the      registration process and to update such information to keep it accurate,      current, and complete.
• User Responsibilities: You are      responsible for maintaining the confidentiality of your account and      password and for restricting access to your computer or device. You agree      to accept responsibility for all activities that occur under your account      or password.

3. Intellectual Property

• Our Rights: All      intellectual property rights in the Service, including our patented      technology, software, data, and all other materials provided by us as part      of the Service, are owned by us. Your use of the Service does not grant      you any rights to our intellectual property except for the limited rights      to use the Service as expressly set out in these Terms.
• User Content: You may      generate content using our Service ("User Content"). You retain      all rights in, and are solely responsible for, the User Content you post      to the Service.

4. User Conduct

You agree not to use the Service to:

• Post, upload, or distribute any      defamatory, libelous, or inaccurate User Content or other content.
• Post, upload, or distribute any      User Content or other content that infringes any intellectual property or      other proprietary rights of any party.
• Impersonate another person or      otherwise misrepresent your affiliation with a person or entity.
• Engage in illegal activities or      activities that could damage, disable, overburden, or impair our servers      or networks.

• Submit or      present any content as their own that has been copied from another source      without appropriate attribution. 

5. User-Generated Content

· Content: Users are solely responsible for the content they create, share, or upload on our platform, including but not limited to texts, images, videos, and any other types of material ("User Content"). Users must ensure that their User Content does not violate any laws, regulations, or the rights of any third parties, including intellectual property rights and privacy rights.

· Plagiarism: Competitive Collaboration, LLC strictly prohibits plagiarism and any form of academic dishonesty. Users must not submit or present any content as their own that has been copied from another source without appropriate attribution. Users found to be engaging in plagiarism may have their content removed, and their account may be subject to suspension or termination.

· Disclaimer of Liability for User Generated Content: Competitive Collaboration, LLC does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, appropriateness, or reliability of any User Content posted on the platform, and expressly disclaims any and all liability in connection with User Content. Users agree that they must evaluate and bear all risks associated with the use of any content, including reliance on the accuracy, completeness, appropriateness, or usefulness of such content.

6. Use of External Tools and Services

· Integration of External Services: We may allow users to integrate and use external tools and services, such as the ChatGPT API, for enhancing their learning experience. Users are responsible for adhering to the terms of use and privacy policies of these external services when accessing and using them through our platform.

· Advisory: While we offer functionalities that may include access to or advice from AI-based tools like ChatGPT, these are provided on an "as is" basis for informational purposes only. Competitive Collaboration LLC does not guarantee the accuracy or reliability of the outputs from these tools and disclaims all liability for decisions made based on such advice.

· User Discretion and Liability: Users are advised to use their discretion and judgment in utilizing external tools and services and are reminded that they are solely responsible for any content created or modified with the assistance of such tools. [Your Company Name] will not be held liable for any claims, damages, or losses resulting from the use of external tools or the reliance on the content generated by these tools.

7. Use of Peer-Generated Scores

· Instructor Autonomy and Responsibility: We provide a platform for peer learning and assessment, including the generation of peer scores as part of the learning experience. Instructors using our Services have the autonomy to decide how to incorporate peer-generated scores into their grading and evaluation processes. We do not prescribe or endorse specific uses of peer scores for grading.

· Disclaimer of Liability: Instructors are responsible for ensuring that their use of peer-generated scores complies with all applicable organizational policies, standards, and legal requirements. Competitive Collaboration, LLC disclaims all liability for any disputes, claims, or issues arising from the use of peer-generated scores for grading or evaluation purposes, including but not limited to disputes with universities, students, or other educational stakeholders, as well as corporations and non-profit organizations and their employees and other stakeholders.

· Educational Purpose: The Services provided by Competitive Collaboration, LLC, including peer assessment and scoring, are intended to enhance the educational experience and are not a substitute for formal academic evaluation mechanisms. Users agree that the use of our Services, including the interpretation and application of peer-generated scores, is at their sole discretion and risk.

· Communication and Resolution: Instructors and organizations using our Services are encouraged to communicate openly with Users about the use of peer-generated scores and to establish clear guidelines and expectations. We recommend that any concerns or disputes regarding the use of peer scores be resolved directly among the involved parties, utilizing appropriate institutional processes.

8. System Availability and Errors

· Availability: Competitive Collaboration LLC strives to ensure the highest level of service availability and reliability. However, the Service is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be always available, uninterrupted, or error-free. Interruptions or degradation of users’ Internet connections, scheduled maintenance and unforeseen issues may occasionally result in service interruptions.

· Technical Issues: In the event of technical issues, including but not limited to system errors, data loss, or process interruptions, we will endeavor to address and rectify such issues promptly. However, we shall not be liable for any loss, damage, or inconvenience caused by these issues.

· Data Integrity: While we make every effort to ensure the integrity and accuracy of data generated, stored, or processed by the Service, including user-generated scores and reports, we cannot guarantee that such data will be free from loss or corruption. Users are encouraged to maintain their own backups of any critical data.

· Limitation of Liability: To the fullest extent permitted by law, Competitive Collaboration , LLC shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use the Service, any errors or interruptions in the Service, or any loss or corruption of data, even if we have been advised of the possibility of such damages.

9. Disclaimers and Limitation of Liability

The Service is provided "as is". We and our affiliates, suppliers, and licensors make no warranties of any kind, express or implied, with respect to the Service. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; or (c) unauthorized access, use, or alteration of your transmissions or content.

10: Indemnification

You agree to indemnify, defend, and hold harmless Competitive Collaboration, LLC from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

11. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules. Any legal claims or disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Pennsylvania.

12. Amendments and Modifications

We reserve the right to amend these Terms at any time by posting the amended terms on our website. Your continued use of the Service after the posting of the amended Terms constitutes your agreement to be bound by the amended Terms.

13. Contact Information

If you have any questions about these Terms, please contact us at Lisa.Warshaw@PeerExchange.io