This Terms of Use Agreement describes your rights and responsibilities and states the terms and conditions under which you may use this Website. This is a binding contract between CPE NATION, Inc. (“CPE NATION, INC.” or “we”) and you (“you”). You must read and agree to the Terms and Conditions, including the privacy policy, before using the CPENation.com Website (the “Website”) or any features or functionality available on or through the site (collectively, the “Service”). By using the Service, you agree to these Terms. If you do not agree to these Terms, do not use the Service. It is your responsibility to review the Terms and Conditions periodically. CPE NATION, Inc. reserves the right to modify the Terms and Conditions from time to time without notice and in its sole discretion at any time by updating the Website, and your continued use of the Website after any modifications by CPE NATION, Inc. shall constitute your acceptance of such modifications.
The Terms and Conditions govern your use of this Website; by using this Website, you accept the Terms and Conditions in full. If you disagree with the Terms and Conditions, or any part of the Terms and Conditions, you must not use this Website.
You must be at least eighteen (18) years of age to use this Website. By using this Website (and by agreeing to the Terms and Conditions) you warrant and represent that you are at least eighteen (18) years of age.
1. Description of Service. CPENation.com is the Website created, owned, and maintained by CPE NATION, Inc., a provider of Continuing Professional Education (“CLE”) Courses presented as online on-demand video and audio format and text based format (collectively “the CPE Products”). Through the Website, you will have the ability to register for, purchase licenses to access, subscribe to, and purchase “bundles” of the CPE Products.
2. Modification of Terms. At any time, CPE NATION, Inc., may change these Terms, which includes the Privacy Policy and any other agreement that is incorporated by reference into these Terms. We will provide notice to you of any material change in the Terms by posting notice to the Website and sending you an email to the email address that we have on record for you. Your continued use of the Service thirty (30) days after our notice to you of a change in the Terms will mean that you have agreed to be bound by the amended Terms.
3. Content Protected by Intellectual Property Rights. All CPE Products and any other content available through the Service and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of CPE NATION, Inc., and/or its licensors.
4. Limited License in CPE Products. Unless otherwise stated, CPE NATION, Inc., and/or its licensors own the intellectual property rights in the Website and all material on the Website, including without limitation the CPE Products offered on the Website. Subject to the license below, all of the intellectual property rights are reserved.
The CPE Products are offered only for Continuing Professional Education purposes in the jurisdiction(s) specified. The CPE Products are not intended to be legal advice on any topic and should not be considered or construed as such by you.
You must not rely on the information on this Website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this Website.
This legal disclaimer will not limit the liabilities of CPE Nation, Inc. in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.
CPE Products purchased through the Website may be viewed, downloaded for caching purposes only, or printed, to the extent permitted from the Website for Your personal use only, subject to the restrictions delineated in the Terms and Conditions. You must not republish material from the Website (including without limitation republication on another website); sell, rent or sublicense material from the Website; show any material from the Website in public; reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose; edit or otherwise modify any material on the Website; or redistribute material from the Website (except for content specifically and expressly made available for redistribution).
5. Privacy Policy.
Personal Information Collection
CPE NATION, Inc. may collect and use the following types of personal information: information about your use of the Website; information that you provide using for the purpose of registering with the Website; information about transactions carried out over the Website; information that you provide for the purpose of subscribing to the Website services; and any other information that you send to CPE NATION, Inc.
Using Personal Information
CPE NATION, Inc. may use your personal information to: administer the Website; personalize the Website for your use; enable your access to and use of the Website services; send to you products that you purchase; supply to you services that you purchase; send to you statements and invoices; collect payments from you; and send you marketing communications.
If and where CPE NATION, Inc. discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified herein, CPE NATION, Inc. may disclose your personal information to the extent required to do so by law, in connection with any legal proceedings, or prospective legal proceedings, and in order to establish, exercise or defend CPE NATION, Inc.
Securing Your Data
CPE NATION, Inc. will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. CPE NATION, Inc. will store any personal information provided, on its secure servers. Information relating to electronic transactions entered into via the Website will be protected by encryption technology.
6. Refund Policy.
Internet Courses; Bundles, Passports & Subscriptions
If you purchase an online course, including a Bundle, Passport, or Subscription, then you may cancel within one (1) month of the purchase date for a full refund, on the condition that you do not complete or receive certification for any one (1) course during said one (1) month period. If you cancel more than one (1) month after the purchase date, but before completion and/or certification of any one (1) course, then CPE NATION, Inc. will provide you with a credit of your purchase price, which can be used for any CPE NATION, Inc. program(s) offered within one (1) calendar year from the date of your original purchase.
7. Third Parties.
Advertisements and Links to Third Parties
The Website may contain advertisements, offers, or other links to websites of third parties that CPE NATION, Inc. does not control. Advertisements and other information provided by third parties may not be wholly accurate. CPE NATION, Inc. is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products or services available from such sites. The inclusion of any link on the Website does not imply that CPE NATION, Inc. endorses the linked site. You use the links at your own risk. CPE NATION, Inc.'s Privacy Policy is only applicable to when you are on CPE NATION Inc.'s Website. You use the links to other websites at your own risk and once you enter another website, that site’s privacy policy is applicable to any personal information you provide while on that website.
Transactions with Third Parties
Your transactions and other dealings with third party merchants and/or advertisers that are found on or through CPE NATION, Inc.'s Website, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
8. Indemnification
You agree to hold CPE NATION, Inc. and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assignees (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Website and content; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; (iii) any dispute you have with any user of the Website and any dispute you have related to any merchant or advertising found on or through the service; (iv) CPE NATION, Inc.'s resolution (if any) of any dispute you have with any user of the Service; and (v) any disclosures made with your permission.
9. Disclaimer of Warranties.
CPE NATION, Inc. provides the service “as is” and “as available”. To the maximum extent permitted by law, CPE NATION, Inc. makes no representations, warranties or conditions of any kind, express or implied, as to the operation of the service or the information or content included in the service. CPE NATION, Inc. makes no representation or warranties that the service will be uninterrupted, error-free, virus-free, secure or timely. To the maximum extent permitted by law, CPE NATION, Inc. expressly disclaims all representations, warranties or conditions of any kind, whether express or implied, including the implied representations, warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, trade, usage or performance. Some jurisdictions do not allow limitations on implied warranties, and therefore some of the above limitations may not apply to you. If your use of the service results in the need for servicing or replacing property, material, equipment or data we are not responsible for any resulting costs or damages.
10. Exclusion of Damages; Limitation of Liability.
To the maximum extent permitted by law, none of the indemnified persons are liable to you or any other person for indirect, incidental, punitive, exemplary, special, statutory, or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability. Without limiting the foregoing, in no event will the aggregate liability to you of the indemnified persons exceed, in total, the amounts paid by you to CPE NATION, Inc.
11. Notices and Contact Information.
CPE NATION, Inc. will provide all notices by posting them on the Website, except as otherwise set forth in the Terms and Conditions of this Agreement. Notice of any material change to the Terms and Conditions will be posted on the Website for at least thirty (30) days, therefore it is your responsibility to review the Website and this Agreement periodically. You also authorize CPE NATION, Inc. to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address that we have on record for you. You must check the Website for notices, and you will be considered to have received a notice when it is made available to you by posting on the Website or when sent by CPE NATION, Inc. via electronic mail, whether or not received by you. CPE NATION, Inc. may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by CPE NATION, Inc. to the address that you have most recently provided is effective notice. With the exception of notices related to removal of licensed material and to copyright infringement, you must send us any notice by mailing it to our address for Legal Notices which is: CPE NATION, Inc. 433 Broadway Suite 618 NY, NY 10013
12. Additional Terms.
Agreement to Conduct Transactions Electronically
All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If CPE NATION, Inc. decides to proceed non-electronically, the services will still be governed by the remainder of the Terms and Conditions of this Agreement, unless you enter into different Terms on a document provided by CPE NATION, Inc. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and Conditions, and any other contract or disclosure that we are required to provide to you.
Compliance with Laws
You are responsible for compliance with applicable local laws. Access to the Service Content by certain persons or in certain countries may not be legal.
No Agency; No Third Party Beneficiary
The Terms and Conditions of this Agreement do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
Severance
If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
Assignment
These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of CPE NATION, Inc. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of CPE NATION, Inc. will be null and void. CPE NATION, Inc. has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
Jurisdiction; Choice of Law; Export Limitations
This Service is controlled by us from our offices in the United States of America and is directed for us by United States users. If you access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or the Terms and Conditions of this Agreement. These Terms and all performances and claims of every nature between us are governed by the laws of the State of New York, U.S.A., without regard to any conflicts of law principles that would result in the application of the law of a different jurisdiction. You submit to the exclusive personal jurisdiction and venue of the state and federal courts located within New York County, New York.
Limitations on Actions
Any action concerning a dispute with respect to the Service must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.
Interpretation
The paragraph headings in these Terms are included to help make the Terms easier to read and have no binding effect. As used in the Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
Entire Agreement
The Terms and Conditions of this Agreement (including any terms incorporated into them) and any policies and guidelines posted to the Website by CPE NATION, Inc. comprise the entire agreement (collectively the “Entire Agreement”) between you and CPE NATION, Inc. with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
No Waiver
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
Legal Notices.
Notice of Availability of Filtering Software
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
Notice: No Harvesting or Dictionary Attacks Allowed
You may violate federal law if you: (1) initiate the transmission to grab computers or devices of a commercial electronic mail message (as defined in the U.S. “Can-Spam Act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
Notice Re Trademarks
The trademarks CPE NATION, Inc. and all other trademarks listed below or used in the Service are owned or used under license by CPE NATION, Inc. and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Service or in any Service content. All rights are reserved. NOTICE RE COPYRIGHT OWNERSHIP: © CPE NATION Inc., U.S.A. All rights reserved.
