THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES.
PLEASE READ IT CAREFULLY.
1. Scope of Agreement: Under this Agreement, AbsoluteCE.com ("we", "our", "us") makes available online real estate continuing education information and services ("Service") to students ("you," "your" or "student"). By placing an order with us, you agree to be bound by this Agreement.
2. Enrollment Information: You will provide us with accurate and complete registration information. It is your responsibility to update this information on our web site before taking a course or using any other aspect of our Service. If you do not, you will be in breach of this Agreement allowing us to immediately terminate your use of the Service.
3. Refund Policy & Billing: If for any reason you are not satisfied with our Service you may request a full refund of your money for the course or specific service in question. To receive the refund we require that you answer a few questions regarding our service and course material. If you paid by credit card, we will refund your money by voiding your purchase transaction or crediting your card. Our staff will process your refund within 60 days.
4. Student Conduct: By using our Service you acknowledge that you are the person who originally enrolled and completed all course material, and that you did so with the assistance of anyone else. You also agree not allow others to access the Service using your credentials. You agree not to assist or participate in any way in the disruption, impairment, misuse, modification, alteration, disparagement, or compromise of the Service. You agree not to collect any course material, web site content, or information stored on our servers, including, but not limited to, the personal information of other students. We reserve to change this refund policy and any other aspects of our billing and pricing policies from time to time without notice.
5. Limited Liability and Warranty: You are entirely liable for activities conducted by you or anyone else in connection with your use of the Service. You must safeguard your password and email address. We do not warrant the accuracy or completeness of any material available through our Service. We will not be liable for any loss or injury resulting directly or indirectly from our Service, whether or not caused in whole or in part by our negligence or by contingencies beyond our control. We are not responsible, liable, directly or indirectly, for any loss or damage caused by use of or reliance on or inability to use or access our Service.
YOUR ACCESS TO AND USE OF OUR SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS," or "AS AVAILABLE." THE
SERVICE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR ENTIRE LIABILITY AND YOUR SOLE
REMEDY WITH RESPECT TO THE SERVICE OR OTHERWISE, IS REPERFORMANCE OF DEFECTIVE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT, INCLUDING A CLAIM OF
DIRECT DAMAGES, EXCEED THE AMOUNT PAID TO US FOR ACCESS TO THE SERVICES WITHIN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING
THE ACCRUAL OF SUCH CLAIM OR CLAIMS. NO CLAIM MAY BE BROUGHT BY ANY USER OF THE SERVICES UNDER THIS AGREEMENT MORE THAN
SIX (6) MONTHS AFTER ACCRUAL OF SUCH CLAIM. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED
THROUGH US OR OUR SERVICE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
6. Indemnification: You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including attorneys' fees), in connection with or arising from your breach of this Agreement and/or your use of the Service. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.
7. Governing Law and Interpretation: If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. The laws of the State of Texas govern this Agreement and use of our Service. You must comply with all laws, regulations, obligations, and restrictions which apply to you. You agree that the courts of the State of Texas have exclusive jurisdiction for any claim, action or dispute under this Agreement and that venue shall be in Travis County, Texas. You also agree and expressly consent to the exercise of personal jurisdiction in the State of Texas.
8. You acknowledge that all materials contained in this web site and provide by this Service are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of AbsoluteCE.com.