Student Agreement with Cheap CE for Nurses, Inc.

Student Agreement with Cheap CE for Nurses, Inc.

1. READ THIS: This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and

between Cheap CE for Nurses, Inc. [hereinafter “Company”], , and you, the user (“you”, “your” or

“User”).

This Agreement contains the complete terms and conditions that govern the use of the Company’s

website(s) (“Website” or “Websites” or “Site”). BY CLICKING THE “I AGREE” BUTTON BELOW

OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH

OR USE ANY PART OF THIS WEBSITE, OR OTHER SOFTWARE, SERVICES, WEBSITES, OR

CONTENT (COLLECTIVELY THE “SERVICES”), YOU AGREE THAT YOU HAVE READ,

UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE

ANY PART OF THIS WEBSITE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT

NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S SOLE DISCRETION.

CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES

YOUR ACCEPTANCE OF SUCH CHANGES.

You are hereby put on notice that you are obligated to periodically review this document to make

yourself aware of any changes hereto and any continued use of the Site shall constitute your acceptance

thereof.

2. ACCESS TO THIS SITE. To access this Site, Site resources, links or other content, you may be asked

to provide certain registration details or other information. It is a condition of your use of this Site that

all the information you provide will be correct, current, and complete. If Company believes the

information you provide is not correct, current, or complete, Company has the right to deny access to

this Site, or to any of its resources, and to terminate or suspend your access at any time.

3. APPLICABLE USE OF SITE. You may use this Site only for purposes expressly permitted by this

Agreement. As a condition of your use of Company’s Websites, you warrant to Company that you will

not use the Websites for any purpose that is unlawful, immoral, or otherwise prohibited by these terms,

conditions, and notices.

3.1 You acknowledge that the courses provided by Company are offered in an electronic

format in a web-based environment. You expressly waive any claims concerning interruptions

in service, connectivity issues, programming errors, loading failures and other technological

difficulties that may occur throughout your use of the Company’s products.

3.2 The courses provided by Company are based on industry knowledge and input from

professional nurses, experts, practitioners, and other individuals and institutions. The

information presented by the Company are intended solely for the educational use of healthcare

professionals. The information provided is general in nature and is not designed to address any

specific situation. Neither the Company nor any classes presented by the Company shall bear

responsibility concerning the orientation or the oversight of any healthcare professional. Youunderstand, acknowledge and agree that the Company shall not be held liable for any acts,

errors, advice or omission in relation to any information provided.

3.3 Company provides courses which are designed to enhance the knowledge and

understanding of the practice of nursing. Company does not guarantee that Students

taking its courses will be awarded valid credit hours to satisfy any state board’s

continuing education requirements or that these courses may be counted toward any

requirement to renew or obtain a nursing license. You are responsible for verifying that

any course you take can be counted toward your continuing education or licensing

requirements. You agree that Company shall not be liable for the refusal or failure of any

authorizing board to accept these courses for continuing education hours or licensing

requirements.

4. NO UNLAWFUL ACCESS. You agree that you will not use Company’s Websites in any manner that

could in any way disable, overburden, damage, or impair the Websites or otherwise interfere with any

other party’s use and enjoyment of the Websites. You further agree that you will not obtain, or attempt

to obtain, any materials, content, or information by any means not expressly made available or provided

for through the authorized use of the Websites.

5. PERSONAL AND NON-COMMERCIAL USE LIMITATION. Company’s Websites are for your

personal and non-commercial use only, unless otherwise specified in writing. You may not use any

Company Website for any other purpose, including any commercial purpose, without the prior express

written permission of an authorized representative of the Company in each instance, which permission

will be at Company’s sole and absolute discretion. You may not modify, copy, distribute, display, send,

perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon

any intellectual property rights related to any information, content, software, products or services

obtained from or otherwise connected to Company’s Websites, in whole or in part.

6. PROPRIETARY INFORMATION. All content found on the Company Websites (the “Content”) is

considered the copyrighted and trademarked intellectual property of Company, or of the party that

created and/or licensed the Content to Company. No rights or title to any of the Content contained on

any Company Website shall be considered transferred or assigned to the User at any time. Subject to all

applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works

of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company

in each instance, except that you may print out and/or save one copy of the Content for your personal

use only.

7. SUBMISSIONS. You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide,

non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative

works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other

information or materials of any kind or nature communicated by you (or on your behalf) to Company

through this Site (each, a “Submission”), and to incorporate any Submission in other works in any form,

media, or technology now known or later developed. You agree that Company will not be bound to treat

any Submission as confidential and may use any Submission in its business (including without

limitation, for products, services, marketing, or advertising) without incurring any liability for royalties

or any other consideration of any kind, and will not incur any liability as a result of any similarities that

may appear in future Company operations or businesses.

8. HYPERLINKING. This Site may be hyperlinked to and by other websites which are not maintained

by, or related to, Company. Hyperlinks to such sites are provided as a service to Users and are notsponsored by, endorsed or otherwise affiliated with this Site or Company. Company has not reviewed

any or all of such sites and is not responsible for the content of any linking sites, and any links made

directly from a Company Website to another web page should be accessed at the User’s own risk.

Company makes no representations or warranties about the content, completeness, quality or accuracy

of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury

associated with any access thereto via this Site.

9. RIGHT TO TERMINATE ACCESS. Company reserves the right to monitor use of this Site to

determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove

any information or materials, in whole or in part, at its sole discretion. Company reserves the right to

terminate your access to any or all of the Communication Services at any time without notice for any

reason whatsoever.

Memberships are personal and non-transferable. You are responsible for maintaining the confidentiality

of your account credentials and agree not to share access with others. Company reserves the right to

suspend or terminate your membership if there is evidence of misuse or violation of these Terms.

10. DISCLOSURE UNDER LAW. Company reserves the right at all times to disclose any information

as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

11. PERSONALLY IDENTIFIABLE INFORMATION. Company cautions you against giving out any

personally identifying information about yourself in any Communication Service. In an effort to

preserve your privacy, Company agrees that it will treat any personally identifying information that you

submit through this Site in accordance with the terms outlined in its Privacy Policy, as well as in

conformance with all applicable laws, rules, and regulations.

12. DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that Company cannot and does

not guarantee or warrant that files available for downloading from the Company Websites will be free

of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or

network(s). You agree that Company shall not be liable for any damages associated with any of the

foregoing or other events associated therewith. You acknowledge that you will be solely responsible

for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s),

and that you will maintain adequate means of backup of your personal data, external to this Website.

Company further disclaims any responsibility to ensure that the Content located on its Websites is

necessarily complete and up-to-date.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS”

AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-

INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT

CONTAINED ON ANY COMPANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE,

THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES

IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY

DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE

RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR

OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE

TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE

CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL

NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS ORDAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO

WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF

OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS

IN SUCH CONTENT.

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,

CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT

BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,

CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF

REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR

DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES,

AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,

AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION

(WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR

THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR

SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER

MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES

OR FOREVER BE BARRED.

13. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS

SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS,

EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY,

THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE

BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED

IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO

LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND

YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS,

AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN

CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE

INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY

THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM

THIS SITE.

14. TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, trade names, and

copyrighted works (hereinafter, “Intellectual Property”) appearing on this Site are the property of

Company or the party that provided the Intellectual Property to Company. Company and any party that

provides Intellectual Property to Company retain all rights with respect to any of their respective

Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third

party.

15. MEMBERSHIP AGREEMENT. The renewal of membership offers access to services, benefits,

features outlined on Company’s website. Subscriptions are renewed on an annual basis and can be

cancelled as described in the Company’s refund policy. By purchasing a subscription, you agree to

automatic renewals of your membership that will automatically renew at the end of the prior

subscription period, at the original price at the time of purchase unless canceled in advance.Promotional discounts at time of purchase can only be applied to the initial year’s subscription and will

not be applied to subsequent automatic renewals. You may cancel at any time via your account settings

for a full refund, if you have not accessed a course. If a course is accessed during your initial or

renewed subscription period, refunds will not be allowed, and you will have access to the Company’s

courses for the remaining duration of your subscription term. After your membership ends or if it is not

renewed by subscription, access to all membership content, including your account and in-progress

courses will be discontinued.

16. AUTOMATIC RENEWAL AND CANCELLATION. Once you have access to a course, you may

not cancel or seek a refund. Company may cancel your access in the event that you breach this

Agreement or in the event of non-payment. This is a recurring subscription. The subscription will

automatically renew at the end of the prior subscription period. Once the subscription is renewed, the

account will be active for one full year. You can cancel the subscription at any time to avoid recurring

subscriptions renewals by cancelling before the renewal date. You can cancel via your account settings

in the Profile section of your account under Subscriptions. If you access your account after the

subscription has been renewed, the subscription will be active for one full year, and a refund will not be

issued. If you do not cancel your subscription and your credit card is charged, you can submit a written

request to support@cheapcefornurses.net to receive a refund. The refund will be issued, and the account

will be closed if you have not accessed your account after the renewal date of the subscription. Once you

have accessed a course, you may not cancel or seek a refund. Company may cancel your access in the

event that you breach this Agreement or in the event of non-payment.

17. SECURITY. Any passwords used for this Site are for individual use only. You will be responsible

for the security of your password(s) at all times. From time to time, Company may require that you

change your password. You are prohibited from using any services or facilities provided in connection

with this Site to compromise security or tamper with system resources and/or accounts. The use or

distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan

horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system

security, Company reserves the right to release your account details to the system administrators of other

websites and/or the authorities in order to assist them in resolving security incidents. Company reserves

the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully

cooperate with any law enforcement authorities or court order requesting or directing Company to

disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available

any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET

FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS

RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS

INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF

INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

18. DISPUTES. If there is any dispute about or involving this Agreement, the Website and/or any

Communications Services, you agree that any dispute shall be governed by the laws of the State of

Wyoming, notwithstanding any principles of conflicts of law. You specifically consent to personal and

exclusive jurisdiction by and venue in the State and Federal courts of Lamarie County, Wyoming in

connection with any dispute between you and Company arising out of or involving this Agreement, the

Website and/or any Communications Services. The prevailing party shall be entitled to its reasonable

attorneys’ fees in relation to any resolution of any dispute.19.MISCELLANEOUS

A. If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful,

void, or unenforceable, that part will be deemed severable and will not affect the validity and

enforceability of any remaining provisions.

B. You agree that no joint venture, partnership, employment, or agency relationship exists between

you and Company as a result of this Agreement or use of Company’s Websites.

C. This Agreement constitutes the entire agreement among the parties relating to the subject matter

hereof, and supersedes all prior or contemporaneous communications and proposals, whether

electronic, oral, or written between you and Company with respect to Company’s Websites.

Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted

policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when

you use the Website or any of its Services. Company may revise this Agreement at any time by

updating this posting. You should review the Agreement from time to time to determine if any

changes have been made to the Agreement. Your continued use of the Website after any changes

have been made to this Agreement signifies and confirms your acceptance of any changes or

amendments to this Agreement.

D. The failure of Company to exercise or enforce any right or provision of this Agreement shall not

operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be

in writing and signed by an authorized representative of the Company.

E. The section titles in the Agreement are for convenience only and have no legal or contractual

effect.

F. Company reserves the right to assign to third parties any rights, licenses and/or obligations arising

out of these terms without restriction. You may not transfer or assign any of your rights, or delegate

any of your duties under this Agreement without the Company’s prior written consent.

G. Company reserves the right, at its sole discretion, to modify or replace any part of the course or

materials. Company may update, modify, or discontinue membership renewals, features, or

included content at any time. If material changes are made to your membership, Company will

provide you with reasonable advance notice to the email address listed in your account.

H. Continued use of the website constitutes your acceptance of any changes or modifications.