Your right to access, download, and use the CE3000.COM, INC. (“CE3000”) website
BAILCE.COM
(the "Site"), and related links, is subject to the following terms and conditions
and all applicable laws. By accessing and using this Site, you accept the following
terms and conditions, without limitation or qualification. By using the site, you are indicating your acceptance of and agreement to be bound by
all of these terms and conditions.
1. Ethics and Student Behavior:
a. You shall take all reasonable steps to ensure that no unauthorized person or
persons shall have access to the site. Except as specifically authorized
in this agreement, you shall not divulge, sublicense, assign or transfer to any
third party or entity the usernames and password established during registration
and you will not provide third parties or entities with the hyperlink access to
the site or services. You will be required to provide the username and
password prior to each use of this site.
b. You specifically agree and certify that you are the only person completing the
coursework required by CE3000 for course completion.
c. You agree to participate fully and solely in the courses for which you are enrolled,
and that you will spend at least the minimum amount of time in the course material
that is required for each course,
specifically 60 minutes
for each continuing education hour. You may participate in only one course at a time.
d. You specifically agree and certify that you are at least 18 years of age.
e. You agree and understand that the appropriate state and national accrediting
bodies and licensing agencies have the right to audit any material and information
contained in the site regarding your enrollment and activities. As an approved continuing
education provider, CE3000 may provide information about your continuing education
activities to these licensing agencies without further notice to you.
f. The CE3000 learning management system monitors your continuing education activities,
including time in course material and successful completion of knowledge reviews
and/or quizzes. If you do not complete the requirements for successful completion
of a course, including spending the required time in the course material or completion
of knowledge review(s) and/or quiz(zes), and including making full payment for any courses you complete, CE3000 may not issue you or may revoke a course completion certificate.
g. If CE3000 believes you have made deliberate efforts to subvert the monitoring and tracking system, CE3000 may not issue you a course completion
certificate.
g. If CE3000 believes you have made deliberate efforts to subvert the monitoring
and tracking system in order to illicitly obtain course completion certificates,
or that you have failed to meet the requirements of this enrollment agreement, CE3000
may terminate your registration and, in accordance with section
(e) above, may provide this information to the appropriate licensing agency.
h. If you have a certified learning disability and as a result of this disability are unable to successfully complete our courses or are unable to comply with our Enrollment Agreement, contact CE3000.COM, Inc. and we will endeavor to accommodate your special needs.
2. Proprietary Rights. Unless otherwise stated, the contents of this Site including,
but not limited to, the text and images contained herein and their arrangement,
look, and feel, are the property of CE3000 and all rights are reserved. All trademarks
used or referred to in this Site are the property of their respective owners as
indicated in the Site. Nothing contained in this Site shall be construed as conferring
by implication, estoppel, or otherwise, any license or right to any copyright, patent,
trademark, service mark or other proprietary interest of CE3000 or of any third
parties who provide content on this Site. No portion of this site, its design, code,
technology, or contents may be reproduced, reverse-engineered, disassembled, decompiled,
transcribed, stored in any retrieval system or re-transmitted, by electronic or
other means, except by prior written permission of CE3000. Unauthorized use of the
content may violate copyright, trademark and other laws. You may, however, view,
download and print content from your personal journal for personal, noncommercial
purposes, provided that you keep all copyright or other proprietary notices intact
and prominently displayed.
3. CE3000 specifically reserves the right to refuse access to this Site or portions
thereof to any person, group of persons, computer, network, domain, or browser.
You acknowledge that your right to use the service is personal and may not be resold,
licensed or transferred to any other person or entity.
4. Disclaimer of Consequential Damages. You expressly agree that use of this site
is at your sole risk. CE3000, its employees, authors, agents, merchants, licensors
or similar persons or entities, do not warrant that this site will be error free
or uninterrupted; nor do they make any warranty as to the results that may be obtained
from the use of this site or as to the accuracy, reliability or content of any information
service or merchandise contained in or provided through this site, unless otherwise
expressly stated in this agreement. All material and content provided on this site
is provided on an "as is" and "as available" basis and without warranties or conditions
of any kind either express or implied. You expressly agree that CE3000 does not
control in any respect any information, products or services offered by third parties
through the Site.
CE3000 assumes no responsibility for and makes no warranty or representation as
to the accuracy, currency, completeness, reliability or usefulness of content distributed
by third parties through the Site. In this regard, CE3000 expressly disclaims all
warranties and conditions of any kind, either express or implied, including without
limitation any implied warranties or conditions of merchantability, fitness for
a particular purpose, non-infringement of third party rights, and those arising
from a course of dealing or usage of trade, with respect to the Site and the services
provided through the Site. No advice or information, whether oral or written, obtained
by you from CE3000 or its agents or employees or through the Site, shall create
any warranty not expressly stated herein. Some of these exclusions may not apply
to you depending on your state of residence. In no event shall CE3000, its licensors,
suppliers, agents, directors, officers or employees be liable for any damages whatsoever
(including, without limitation, incidental and consequential damages, lost profits,
or damages resulting from lost data or business interruption) resulting from the
use or inability to use the site, the content or the equipment whether based on warranty,
contract, tort or any other legal theory and whether or not CE3000 is advised of
the possibility of such damages. Remedies under this agreement are exclusive and
are limited to those expressly provided for in this agreement.
5. Use of Interactive areas. In consideration of being allowed to use the interactive
areas, you agree that the following shall constitute a material breach of these
terms and conditions:
a. Use of an interactive area for any purpose in violation of local, state, national
or international laws;
b. Allowing any person or entity to use your
identification or password;
c. Posting material that infringes on the proprietary rights of others;
d. Posting material that is unlawful, obscene, defamatory, threatening, harassing,
abusive, hateful or embarrassing to another member or any other person or entity,
as determined by CE3000 at its sole discretion;
e. Posting advertisements or solicitation of business;
f. Failure to honor a warning to not disrupt the normal dialogue flow;
g. Posting chain letters or pyramid schemes;
h. Impersonating another person or entity;
i. Posting the same note more than once, i.e. spamming; and/or
j. Engaging in any other activity or conduct that restricts or inhibits any other
person from the use and enjoyment of the services.
CE3000 does not represent or guarantee the truthfulness, accuracy or reliability
of any of the material posted by its members in the interactive areas or endorse
any opinions expressed by such users. You specifically agree that any reliance by
you on material posted in the interactive areas is at your own risk.
6. Dispute Resolution. In the event of a dispute over the terms of this agreement,
the membership agreement, or the services provided hereunder, you agree to act in
good faith to attempt to resolve such dispute through the use of mediation services
in accordance with the rules of the American Arbitration Association mediation section,
or other mediation provider agreeable to both parties.
7. Changes in Rates and Service. Services provided under this agreement are
subject to change, modification or discontinuation. Prices for services may
vary. Any change, modification, or discontinuation in the services or change in
prices shall be effective upon notice. Such notices will include, but not be
limited to, updates to these Terms and Conditions posted on the Site,
notification by electronic or regular mail at your last known e-mail or physical
address, or any other reasonable means of transmission. Such notices will be
deemed received by you 3 days after posting of e-mail or on the Site. Any use of
the services after you receive notice is deemed to constitute acceptance by you
of any change, modification or discontinuation of any service or rate change.
8. Termination. CE3000 may terminate your agreement under these circumstances:
a. You violate these Terms and Conditions after receiving notice from CE3000.COM
INC. of a prior violation.
b. You fail to meet payment obligations as described in these Terms and Conditions
agreement or membership agreement.
c. You materially breach any term of the membership agreement or these terms and
conditions.
d. You violate any federal, state or local law with regard to the use of the services
or the proprietary rights described in these terms and conditions.
9. Links and advertisements. CE3000 may contain links to third party websites and
advertisements that link to third party websites. These links are provided solely
as a convenience and unless specifically stated, CE3000 does not endorse the content
or accuracy of such third party websites. Any use by you of such third party websites
is solely at your discretion and risk.
10. Authorship agreement. You hereby agree that any material submitted for publication
on this Site will not contain anything leading to an abusive or unethical use of
this Site or the host server(s). Abusive and unethical materials and uses include,
but are not limited to, pornography, obscenity, violations of privacy, computer
viruses, any harassing and harmful material or uses, any illegal activity, or material
advocating illegal activity, and any infringement of privacy or libel. You hereby
agree to indemnify and hold CE3000 harmless from any claim resulting from your publication
of material or use of those materials. CE3000 may or may not give notice before
removing any content on this Site that we decide is an abusive or unethical use
of, or a potentially illegal use of this Site. You hereby agree to indemnify and
hold CE3000 harmless in any claim resulting from the submission of illegal materials.
Under no circumstances, including negligence, shall CE3000, its officers, agents
or anyone else involved in creating, producing or distributing this Site be liable
for any direct, indirect, incidental, special or consequential damages that result
from the use of or inability to use this Site; or that results from mistakes, omissions,
interruptions, deletion or loss of files or data, errors, defects, delays in operation,
or of performance, whether or not limited to acts of God, communication failure,
theft, destruction or unauthorized access to our records, programs or services.
11. Indemnity. You agree to defend, indemnify and hold CE3000, its officers, directors,
employees and agents harmless from and against any claims, actions or demands, liabilities
and settlements including without limitation reasonable legal and accounting fees,
resulting from, or alleged to result from, your use of the content, including software,
the services, the equipment, if any, or the interactive areas, in a manner that
violates or is alleged to violate these terms and conditions or the membership agreement.
CE3000 shall provide notice to you promptly of any such claim, suit or proceeding
and shall reasonably cooperate with you, at your expense, in your defense of any
such claim, lawsuit or proceeding.
12. This agreement and all of its terms and conditions are governed by and subject
to the jurisdiction and the laws of the State of California. Any finding by a court
of competent jurisdiction as to the voidness, unenforceability or invalidity of
any clause, part or section hereof shall have no effect on the validity and enforceability
of the remaining clauses, parts and sections. No waiver of any of these terms and
conditions shall be deemed a further or continuing waiver of such term or condition
or of any other term or condition contained herein.
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