TERMS AND CONDITIONS
Last modified August 22, 2012
WELCOME TO ATTORNEY CREDITS!
Thanks for using our product and website ("Services"). The Services are provided by Online Education, Inc., dba Attorney Credits, located at 2604 B El Camino Real #204, Carlsbad, CA 92008.
By using our Services, you are agreeing to these terms. Please read them carefully. We tried to make these short and easy to read, however, being that you are all lawyers and started nit picking at them we have had to continually add to them. We don't have onerous terms, they basically let you know how things work.
USING OUR SERVICES
Your access and use of our Services is subject to these Terms and Conditions ("Terms"), and you agree to follow all conditions of these Terms when using our Services.
You will not use our Services for any purpose that is unlawful or prohibited by these Terms. Do not abuse our Services by trying to access them using a method other than through our website and the instructions that we provide.
Using our Services does not give you ownership of any intellectual property rights of our Services or content you access. You may not use content from our Services for your own use unless you obtain written permission from us.
In connection with your use of the Services, we may send you service announcements, reminders, and other information. You may opt out of some of these communications.
Part of the Services offered are continuing legal education, and in no instance are we providing legal advice. The content of our Services has been prepared as a service to our users and is not intended to constitute legal advice. If you require legal advice you should consult with a qualified attorney. We have used reasonable efforts in providing quality information and material, but we do not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in our Services. We do not endorse any viewpoints or materials contained within our Services. All viewpoints are solely those of the presenter.
We take no responsibility that the timeliness of the information presented in our Services or that the information of our Services is correct. We do not warrant that any of our Services are up-to-date or that any case or material referenced is the law at the present moment.
We take no responsibility for the accuracy of the information related to continuing legal education requirements in any jurisdiction. All such information is only provided for your convenience. Such requirements are subject to change without our notice, and each user should consult with their state bar or continuing education board for up-to-date information.
We have gone through great lengths to assure that our courses are valid in their respective states for the proper credit hours. However, you should verify that the courses are valid with your state bar or continuing education board before signing up for a course.
When using our Services you are responsible for paying any all overages to your own data plan. Many ISP's and cell phone companies have amended their Acceptable Use Policies (AUP) to establish a specific monthly data usage threshold for their customers. When you use our Services, we will not be held liable for paying for any overages on your own data plan.
We reserve the right at any time to charge fees for access to our Services. Some states charge us an additional fee for your use of our Services. We reserve the right to charge more in selected states. However, in no event will you be charged for access to our Services unless we obtain your prior agreement to pay such charges.
You will input your email address and select a password when you create your user account with Attorney Credits. You must create your own individual account, you cannot share an account with any other person or members of your firm. You may not share an email address with any existing Attorney Credit's users to create your account. You are entirely responsible for any and all activities that occur under your account whether authorized or not authorized. You further agree to notify Attorney Credits of any unauthorized use of your account or any other breach of security that is known or should be known. You may not to resell or make any commercial or non-commercial use of the Service without the express written consent of Attorney Credits.
Your right to use this website is not transferable. Any password, credits, courses or right given to you to obtain information is not transferable.
We are concerned about the safety and privacy of our users, particularly children. The Services of this site are not intended for anyone under 18. Parents who wish to allow their children access to our Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
Our privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that we can use such data in accordance with our privacy policies.
REPORTING OF CREDITS
As a service to you, Attorney Credits reports credits hours to the necessary state regulatory body in participating states. You are ultimately responsible for assuring that all credit hours are properly reported. Attorney Credits cannot guarantee that all credits will be properly reported, especially if you have enter the wrong bar number or procrastinated and waited until the last minute to get your credits fulfilled. Attorney Credits is not liable for credits that are reported late or otherwise not reported at all.
MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functionality or features, and we may suspend or stop Service altogether. You can stop using our Services at any time. We may also stop providing Services to you, or add or create new limits to your Services at any time.
LINKS TO THIRD PARTY WEBSITES
The Web site/Services may include links to third party web sites that are controlled and maintained by others. Any link to other web sites is not an endorsement of such web sites and you acknowledge and agree that Attorney Credits is not responsible for the content or availability of any such sites because we do not control or operate in any way, information, products or services on these third-party sites. The Content on the third-party sites are provided "as is" and without warranties of any kind either express or implied.
You agree to indemnify and hold Online Education, Inc. harmless from and against any breach by you of these Terms and any claim or demand brought against Online Education, Inc. by any third party arising out of your use of the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Online Education, Inc. in consequence of your breach of these Terms.
LIABILITY AND WARRANTY OF OUR SERVICES
We provide our Services using a commercially reasonable level of skill and care. But there are certain things that we don't promise about our Services.
We do not warrant the opinions, facts, ideas, and other information presented by experts and legal speakers in our Services. EXCEPT AS EXPRESSLY REPRESENTED OTHERWISE, AND TO THE EXTENT NOT PROHIBITED BY LAW, ALL SERVICES AND OTHER INFORMATION PROVIDED BY OR ON BEHALF OF ONLINE EDUCATION, INC. ARE FURNISHED ON AN "AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ESPECIALLY AS TO QUALITY, RELIABILITY, TIMELINESS, USEFULNESS, SUFFICIENCY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED BY ONLINE EDUCATION, INC. NO ORAL OR WRITTEN INFORMATION PROVIDED BY ONLINE EDUCATION, INC. SHALL CREATE A WARRANTY UNLESS INCORPORATED INTO THESE TERMS.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ONLINE EDUCATION, INC. FOR ANY CLAIM UNDER THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN NO EVENT SHALL THE AGGREGATE LIABILITY FOR DAMAGES OF ONLINE EDUCATION, INC., ITS EMPLOYEES OR AGENTS, ARISING FROM THESE TERMS WHETHER BY CONTRACT OR TORT EXCEED THE AMOUNTS CUSTOMER ACTUALLY PAID.
Online Education, Inc. makes no warranty that the Services will meet your requirements, that the Services will be accurate or reliable, that the functionality of the Services will be uninterrupted or error free, or that defects will be corrected. Due to circumstances beyond our control, the Services may not be available. In the event that the Services are not available, Online Education, Inc. takes no responsibility for credit hours that are completed late or those that are reported late to the appropriate state regulatory body.
BUSINESS USES OF OUR SERVICES
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Online Education, Inc. and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
REFUNDS - ONLINE MATERIALS
Refunds are available to anyone who is displeased as long as you haven't completed the course and received a completion certificate. Once you have completed the course and obtained a certificate, no refunds will be issued - though we will refund a prorated amount based on the standard $19.99 per credit hour price, plus any state fees of any courses taken. Refunds will also only be issued if requested within 60 days of purchase. No refunds will be given after 60 days. Refunds to credit cards can only be processed for a short time period. Under no circumstances will refunds be issued after the time period allowed by our credit card transaction company. In all cases, refunds are allowed for a period of 60 days.
CD, DVD, USB THUMB DRIVE, AND MP3 PLAYER REFUNDS - SHIPPING AND HANDLING REFUNDS - SHIPPING
Refunds are available to anyone who is displeased with our CDs, DVDs, USB thumb drives, or MP3 Player bundles. However, the CDs, DVDs, USB thumb drives, and MP3 players must be returned in like new condition in the original packaging. All returns must be sent to: 2604 B El Camino Real #204, Carlsbad, CA 92008. Damaged CDs, DVDs, MP3, or FM transmitters or those that are missing original packaging will not be refunded. Please note that shipping and handling charges are not refundable. Once you have completed a CD, DVD, USB, or MP3 player course and obtained the course certificate, no refund will be issued - though we will refund a prorated amount based on the standard $19.99 per credit hour price, plus any state fees after receiving the materials in our office. Refunds will also only be issued if requested within 60 days of purchase. No refunds will be given after 60 days. Refunds to credit cards can only be processed for a short time period. Under no circumstances will refunds be issued after the time period allowed by our credit card transaction company. In all cases, refunds are allowed for a period of 60 days.
Our UPS shipping cutoff time is 12:30 PM Pacific Time, Monday through Friday on regular UPS shipping days. All attempts will be made to ship any order received before 12:30 PM the same day, but same day shipping is not guaranteed. UPS shipping delays are beyond our control. We are not responsible for UPS shipping delays.
CREDITS, COURSES, ANNUAL UNLIMITED SUBSCRIPTION PLANS, COURSE CREDIT EXPIRATION, COURSE COMPLETION AND REVIEW, CERTIFICATES OF COMPLETION
Credits do not expire on Attorney Credits. If you have credits for unused courses in your account they do not expire. Credits can be used at anytime to add courses or online bundles. Credits can not be used for CD, DVD, MP3 player, or USB bundles.
Courses and Course Credit Expirations
Courses expire. Each state has different regulations regarding course expirations. Our system will automatically send you an email 30 days before a course expires unless you signup for the course within this 30 day window. You must complete or un enroll from the course before it expires or you will lose your course and course credits (not your certificate of completion). Any course that is expiring within 30 days will be highlighted with an expiration warning on the My Courses page. If you fail to complete a course when it expires you will lose access to the course and the credits. The 30 day email notice is sent as a courtesy and any failure causing you not to receive the email notice will not affect the course expiring or the loss of credits.
If you ordered a CD, DVD, MP3 player, or USB bundle and a course expires before you complete it, upon request we will add online credits to your account. We will not ship additional CDs, DVDs, MP3 players or USB thumb drives.
Course Completion and Review
There is no time limit for completing a course (unlimited users see the section below). However, you must complete the course before it expires (see above). Once you complete your course, which is defined as obtaining your certificate of completion, our system will allow you 30 days to go back and review the course and written materials. After 30 days, you will lose access to the course and only be able to download your certificate of completion.
Annual Unlimited Subscription Plans
Annual unlimited subscription plan credits are valid for 365 days from purchase regardless of whether they are used or not. All completed courses must be finished within 365 days of credit purchase. Note that courses may expire even though your plan is valid past the course expiration date (see above). Course material will not be accessible after 365 days. You must complete your courses within 365 days. Annual subscription plans can be renewed. All completed courses certificates are maintained.
Certificates of Completion
You will be able to download or email your certificate of completion upon completing each individual course. A course is considered completed once you have viewed or listened to a course in its entirety, you have fulfilled your state verification method, and you have submitted the online evaluation form. You are responsible for fully completing each course and obtaining the Certificate before your CLE compliance deadline. Certificates of Completion will not be backdated for any reason.
If you are licensed in multiple jurisdictions you may be able to obtain multiple certificates of completion for various states by completing one single course. Please make sure that you have included all states that you are licensed to practice in when you create your Attorney Credits user account (or you can add additional states by editing your account on the My Account page). We are not responsible for issuing multiple certificates of completion for different states if you are not signed up for these states in your user account at the time of course completion, or if you didn't check the appropriate state boxes on the My Courses page. Some courses may also only be accredited in a limited number of states and you will not be eligible to receive multiple certificates of completion if the course is not accredited in the state you need. If you need additional state certificates, we may be able to add them for you if the course is approved in that state, however, we do not guarantee that we will be able to. If you took a course in a state with no verification required and the additional state requires verification we can not add the additional state certificates. We can only add additional state certificates if you completed the courses within the last 30 days and the course is still valid in the additional state.
The date of your course completion certificate is the date you click Get Certificate or enter the codes when you click Enter Codes. Please be aware if you do not click Get Certificate or Enter Codes and obtain your certificate on the date you finish your course, the date on your certificate will be the date you actually click these buttons and obtain the certificate on our site. For example: You listen to a CD or watch a download course on January 1, but you don't log in to the site and obtain your certificate until January 5, the date on your certificate will be January 5. The site does not allow for backdating of certificates.
California Third Party Verification
California is the only state that allows third party credit verification. If you select this verification method a third party of your choice will verify via email that you have completed your CLE course, allowing you to obtain participatory credit. If you choose third party credit verification you will be dependent upon the third party to receive your Certificate of Completion - we are not responsible for non-completion of the course if the third party does not verify. We allow the third party a TOTAL of 30 days to verify completion once you have completed your course and you send the third party the verification email. As a courtesy to you, if the third party does not verify within 15 days from the time that the initial email is sent, we will then send you a reminder email to let you know that your course has not been verified. After 30 days from the initial email and course completion, if the third party still has not verified your course completion then your course will be reset and you will have to re-start your course from the beginning. When the course is reset, the Certificate of Completion WILL REFLECT THE NEW COMPLETION DATE since you must re-start the course. We are not liable or responsible for non-completion of the course and non-issuance of the Certificate of Completion for any reason, including if the third party does not verify your course, receive or respond to the initial email, or you do not receive the 15-day reminder email. YOU ARE RESPONSIBLE FOR ENSURING THAT THE THIRD PARTY CREDIT VERIFICATION PROCESS HAS BEEN COMPLETED and you must monitor your Attorney Credit's account to ensure that the CLE certificate of completion has been issued.
ABOUT THESE TERMS
We may modify these terms or any additional terms that apply to our Services at any time to reflect changes to the law or changes to our Services, provided that existing users are given notice of the changes and are allowed to approve or decline acceptance of the new terms. Declining acceptance of the new terms could cause you to lose access to the site. Changes will not apply retroactively.
If there is a conflict between these terms and the additional terms, the additional terms will control that conflict.
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Terms shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
GOVERNING LAW AND DISPUTES
These Terms and Conditions shall be governed by and construed in accordance with the laws of the California and you hereby submit to the exclusive jurisdiction of the California courts. Any dispute relating in any way to Online Education, Inc. or to products or services sold or distributed by Online Education, Inc. in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in the North County Superior Court located in Vista, California, or federal court located in San Diego, California, and you consent to exclusive jurisdiction and venue in such courts.