The Hillsdale College K-12 History & Civics Curriculum Terms of Use

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By clicking the “I Accept” button, which is provided below, you, the individual downloading or using the Curriculum, on behalf of yourself or the academic institution which you represent (“User,” “you” or “your”) hereby represents and warrants to Hillsdale that: (a) you are at least eighteen (18) years of age, (b) you have the legal capacity to enter into a contract; (c) you accept and agree to enter into and become legally bound by these Curriculum Terms of Use (“Terms of Use”) with Hillsdale College (“Hillsdale”); and (d) to the extent that you are entering into these Terms of Use for us of the Curriculum for your academic institution, that you possess the legal authority to enter into and legally bind your academic institution to these Terms of Use.  Hillsdale and User are both referenced in this Terms of Use, individually, as a “party” and collectively, as the “parties.”

In consideration for User’s access to the Curriculum (defined below) and for other good and valuable consideration including the educational value provided therein, the receipt and sufficiency of which are hereby acknowledged, the parties, including to be legally bound agree as follows:

  1. Curriculum.  For purposes of these Terms of Use, the Curriculum includes a collection of educational resources intended to guide primary and secondary school instruction on the history of the United States of America and philosophical principles of its founding at a much deeper level and as a counter to other projects attempting to dilute and distort the significance of America’s founding and its founders. (“Curriculum”)
  2. License to Use Curriculum.  Subject to the terms and conditions of these Terms of Use, Hillsdale hereby grants to User a non-exclusive, non-transferrable, revocable license to use and access the Curriculum exclusively for the User’s use in connection with: (a) the User’s instruction of primary and secondary school students; or (b) the User’s personal education and enrichment; in each instance for the Term of this Agreement (the “License”).  This License does not confer any commercial rights or license to the User.  User is expressly prohibited from monetizing, selling, leasing, renting, trading, licensing, sublicensing, or otherwise commercializing the License or Curriculum addressed under these Terms of Use.  
  3. Ownership of Curriculum.  The Curriculum is the sole and exclusive property of Hillsdale and is protected by these Terms of Use, as well as various state, federal and foreign intellectual property rights, including copyright laws and international copyright treaties and trademark laws.  User may not download, transmit, copy, store, publish, or distribute the Curriculum in any form or by any means, except as expressly authorized by Hillsdale.  By agreeing to these Terms of Use, User acknowledges and agrees that it will not have or obtain any ownership rights in the copyright or physical materials that comprise any of the Curriculum.  
  4. Permitted Uses of Curriculum.  These Terms of Use permit you to use the Curriculum in connection with: (1) the instruction of primary and secondary school students; or (2) your personal education and enrichment during the Term of the Agreement. You are not permitted to (i) modify any copies of any of the Curriculum materials; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from their accompanying text; or (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of Curriculum materials.   User agrees not to remove any credit or attribution to Hillsdale College, including attribution to any Hillsdale College authors or other authors of the Curriculum materials.  Under no circumstances are you permitted to access or use the Curriculum for any commercial purposes.  User hereby acknowledges and agrees that (x) the Curriculum and their contents are confidential and proprietary to Hillsdale, (y) the information contained in the Curriculum is of significant value to Hillsdale, and (z) that unlawfully copying and/or disclosing the Curriculum to others will cause irreparable harm to Hillsdale.  If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Curriculum in in breach of these Terms of Use, your License to use the Curriculum shall immediately cease and you must destroy any copies of the Curriculum materials that you have made.  No right, title or interest in or to the Curriculum is transferred to you and all rights not expressly granted herein are reserved by Hillsdale.  Any use of the Curriculum that is not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.  
  5. Publicity; Use of Hillsdale College’s Name.  User shall use the names, logos, trademarks, or trade names of, and otherwise make reference to the Curriculum having an affiliation with Hillsdale, in or on any of User’s own websites, social networks, marketing, promotional, publicity, or other materials, including without limitation newsletters, websites, brochures, publications, and communications.  The License provided hereunder is limited to the use of the Curriculum as strictly noted in these Terms of Use.
  6. Linking to the Curriculum.  User is permitted to include a hyperlink to or otherwise make the Curriculum materials available to other Persons through User’s own website or social media network.  User shall not hyperlink to the Curriculum in any manner, which in any way suggests that User rather than Hillsdale is the source of the Curriculum materials.  User may include a hyperlink to the Hillsdale College website to enable others to register with Hillsdale to use the Curriculum, but must do so in a way that does not suggest any form or association, approval or endorsement on Hillsdale’s part without the prior express written consent of Hillsdale College.  You agree to cooperate with Hillsdale in causing any unauthorized framing or hyperlinking to immediately stop.  Hillsdale reserves the right to withdraw linking permission without notice.  For purposes of this Agreement, the term “Persons” means any sole proprietorship, limited liability company, profit or non-profit corporation, academic institution, joint venture, partnership, association, trade group, club, organization of any one or more individuals, or an individual.  
  7. Changes to these Terms of Use.  Hillsdale reserves the right to make changes to these Terms of Use from time to time in its sole discretion and under such circumstances, you will be presented with the new Terms of Use to review and agree to.  Should you disagree with any term and condition in any revised Terms of Use document or you choose not to agree to the revised Terms of Use, your License shall immediately terminate and you shall cease all use of the Curriculum hereunder.  Your use of the Curriculum following your receipt of notice of the revised Terms of Use shall constitute your agreement with any revised terms thereunder.  
  8. Term.  These Terms of Use shall commence on the date that User clicks the “I Accept” button agreeing to these Terms of Use and will continue until such time as the License is terminated in accordance with the terms of these Terms of Use (the “Term”). 
  9. Termination.  Hillsdale reserves the right to terminate or suspend User’s License to the Curriculum in the event that User fails to comply with any term or condition under these Terms of Use.  Under such circumstances, Hillsdale shall provide User with written notice of the breach, to the extent such breach can be cured, which User shall cure within seven (7) calendar days following User’s receipt of Hillsdale’s written notice.  Where a breach is incapable of being cured, as determined in Hillsdale’s reasonable discretion, then the License shall terminate upon User’s receipt of Hillsdale’s written notice advising of the incurable breach.  For a curable breach, where User fails to cure such breach within seven (7) calendar days, the License shall terminate on the later of (i) seven calendar days following User’s receipt of Hillsdale’s written notice of the breach; or (ii) any longer cure period that was agreed upon by Hillsdale, in Hillsdale’s sole discretion.  It is further understood and agreed that upon termination, User shall immediately cease any and all use of the Curriculum and any and all related content created or provided by Hillsdale.    
  10. Injunctive Relief.  User acknowledges and agrees that any unauthorized use of the Curriculum or any name, logos, trademarks, or trade names that are owned by Hillsdale, including without limitation, User’s use of the Curriculum after termination or expiration of these Terms of Use, or use outside the scope of the License, will cause damage to Hillsdale that may not be adequately compensated through monetary damages and that in addition to any other remedy, Hillsdale shall be entitled to equitable relief, including temporary, preliminary, and/or permanent injunctive relief, to remedy an actual or threatened unauthorized use of the Curriculum, without proving actual damages or posting a bond or other security. User agrees to the entry of an order for equitable remedies in the event that it violates any intellectual property right of Hillsdale, including relief by way of mandatory or prohibitory injunctions, an accounting, and disgorgements of benefits.  
  11. Freedom of Information Act & Related Actions.  This Section 11 only pertains to the extent a User is subject to the Freedom of Information Act (“FOIA”), a state open meetings or a state open records act.   In the event that any request is made to User under FOIA, a state open meetings act, or an open records act (each, an “Information Request”) as to any Curriculum or confidential or proprietary information related to Hillsdale, the User shall (i) immediately notify Hillsdale of an Information Request to photograph, record or otherwise make copies of any of Curriculum, (ii) provide Hillsdale an opportunity to first decide if any such copies are being requested or prepared as “fair use” of the Curriculum under prevailing copyright laws; (iii) prohibit copying of the Curriculum without either Hillsdale’s consent or entry of an order requiring reproduction; (iv) notify Hillsdale of any suit filed to compel the production of copyrighted materials, including the Curriculum; and, (v) fully cooperate with Hillsdale to protect the confidentiality and proprietary nature of such Curriculum. In the event that Hillsdale decides to resist the Information Request, it agrees to do so at its own expense and indemnify User as to any liability that might flow from User following Hillsdale’s directions in resisting or seeking clarification of the Information Request obligations and the statutory authority thereof. The foregoing provision shall not be construed to encourage or otherwise require Institution to violate any applicable law. 
  12. Disclaimer of Warranties.  THE CURRICULUM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO GUARANTEE OR WARRANTY REGARDING COMPLETENESS, ACCURACY OR TIMELINESS. HILLSDALE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ANY COPYRIGHT, TRADEMARK, OR PUBLICITY INFRINGEMENT WITH RESPECT TO THE CURRICULUM.  HILLSDALE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE CURRICULUM OR ANY INFORMATION PROVIDED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE. HILLSDALE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY IMPLIED BY STATUTE OR COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.   
  13. Indemnification.  User agrees to fully defend, indemnify, and hold Hillsdale, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, causes of action, demands for damages, proceedings, and suits (“Claims”) and pay all liabilities, losses, damages, orders, judgments, settlements, costs, and expenses (including attorneys’ fees and court costs) (“Losses”) arising out of, in relation to, or in connection with (a) User’s violation of these Terms of Use; (b) User’s use of the Curriculum other than expressly authorized in these Terms of Use; and (c) User’s violation of applicable law.  
  14. Limitation of Liability. EXCEPT WITH RESPECT TO HILLSDALE’S INDEMNIFICATION OBLIGATION IN SECTION 11 (AS APPLICABLE), HILLSDALE SHALL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, OR ANY OTHER SIMILAR TYPE OF LOSS, ARISING DIRECTLY OR INDIRECTLY OUT OF USER’S USE OF THE CURRICULUM OR ANY BREACH OF THIS AGREEMENT, REGARDLESS OF LEGAL THEORY AND WHETHER THE CLAIM IS BASED IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR SOME OTHER THEORY OF LIABILITY AND REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR HILLSDALE WAS WARNED OF THE POSSIBILITY OF SUCH DAMAGES.  UNDER NO CIRCUMSTANCES WILL HILLSDALE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN RELATION TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY USER TO HILLSDALE FOR THE LICENSE TO THE CURRICULUM. 
  15. Assignment.  These Terms of Use shall not be assigned, delegated, or otherwise transferred by User without the prior written consent of Hillsdale.  These Terms of Use are entered into solely between and may only be enforced by the parties hereto.  These Terms of Use shall not be construed to create any rights in any third party.  
  16. Severability.  In the event that any provision contained in these Terms of Use is determined to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provision of these Terms of Use will continue in full force and effect.  
  17. Waiver.  No waiver by Hillsdale of any term or condition set out in these Terms of Use shall be deemed as a further or continuing waiver of such term or condition or a waiver of any other terms and condition, and any failure of Hillsdale to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 
  18. Survival.  The parties agree that Sections 3, 4, 5, and 8 through 22 shall survive termination or expiration of this Agreement.  
  19. Governing Law.  These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, without regard for any conflict of law provisions or rules that would result in the application of laws other than those for the State of Michigan.  
  20. Jury Trial Waiver.  USER HEREBY ACKNOWLEDGES AND AGREES TO WAIVE ANY CONSTITUTIONAL AND STATUARY RIGHT THAT USER MAY HAVE UNDER ANY APPLICABLE LAW TO MAINTAIN A LAWSUIT IN A COURT AND BEFORE A JUDGE AND JURY.  
  21. Class Action Waiver.  USER AGREES THAT ANY DISPUTES SHALL BE ASSERTED IN USER’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.  IN ADDITION, THE PARTIES HERETO EACH AGREE THAT EXCEPT AS OTHERWISE PROVIDED IN SECTION 10, ANY DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION AND THAT AN ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS.   
  22. Arbitration.
    • a. Individuals. TO THE EXTENT USER IS AN INDIVIDUAL AND USING THE CURRICULUM FOR PERSONAL USE, PLEASE NOTE THAT THIS SECTION CONTAINS AN ARBITRATION CLAUSE THAT IS APPLICABLE TO YOU AND THAT YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO HAVE YOUR DISPUTES HEARD IN COURT AND IN FRONT OF A JUDGE. 
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    • EXCEPT AS OTHERWISE PROVIDED IN SECTION 10, ANY DISPUTE, CLAIM, CONTROVERSY, MATTER OF INTERPRETATION, OR OTHER MATTER (COLLECTIVELY, “DISPUTES”) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT SHALL BE SUBJECT TO BINDING ARBITRATION, CONDUCTED ON A CONFIDENTIAL BASIS AND ADMINISTRATED BY THE AMERICAN ARBITRATION ASSOCIATION AND BEFORE A SINGLE ARBITRATOR IN ACCORDANCE WITH THE CONSUMER ARBITRATION RULES (THE “RULES”).
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    • The arbitration location shall be in Hillsdale, Michigan.  Except as otherwise required by applicable law, no party shall disclose the existence, content, or results of any arbitration under this section.  The federal rules of evidence shall apply to the arbitration proceedings and be governed by the laws of the State of Michigan.  The arbitrator’s decision shall be final, binding and non-appealable and judgment on the decision may be entered in any court having jurisdiction thereof.  
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    • b. Academic Institutions. To the extent User is an academic institution or using the Curriculum in any capacity other than for personal use, any controversy, claim, or matter of interpretation arising out of or relating to these Terms of Use, or any breach thereof, shall be settled by confidential arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Emergency Measures of Protection, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Except as otherwise required by applicable law, no party shall disclose the existence, content, or results of any arbitration under this section. The arbitration shall take place in Hillsdale County, Michigan before one arbitrator.  The arbitrator shall award the prevailing party its attorneys’ fees, expenses, costs and fees. 
  23. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 
  24. Entire Agreement.  These Terms of Use constitute the entire agreement between the parties and supersedes all prior and contemporaneous writings, discussions, and understandings between the parties hereto as to the subject matter of these Terms of Use.  The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of these Terms of Use or inducing its execution and delivery except those specifically set forth herein.  The parties acknowledge and agree that they have fully read and understand the provisions of these Terms of Use. 

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