EasyCE.com, LLC is willing to license its Web Services (as defined below) to you only on the condition that you accept all of the Terms and Conditions in this License Agreement (the "Agreement"). Please read these terms carefully. By accessing the Web Services you acknowledge that you have read this Agreement, understand it, and agree to be bound by its Terms and Conditions. If you do not agree to these terms, do not enroll in or use the Web Services. Important: by enrolling and using the Web Services, you are agreeing to accept the terms of this Agreement as if you had signed it.
"Web Services" shall mean the content, tools, and all other applications contained within the EasyCE.com website to which you have enrolled and/or the EasyCE.com application you have downloaded on to your device, including all updates and/or patches thereto, any accompanying documentation, all on-line components, and all password restricted-access EasyCE.com product support websites.
- Grant of License. By completing the enrollment process to become a subscriber to the Web Services and in consideration of your payment of the license fee, which is part of each course fee, EasyCE.com’s Web Services are licensed to you, not sold, and the use of the Web Services is subject to the terms and restrictions set forth in this Agreement. EasyCE.com grants to you a limited, personal, non-exclusive, non-transferable, and non-assignable license to use the Web Services in the manner described both in this License and in the Web Services.
- Filing Information. You agree to provide EasyCE.com with accurate, current and complete "Contact Information," for your registration as a user of the Web Services or at any time thereafter, and to maintain and to update this information as required to keep it accurate, current, and complete. "Filing Information" shall include your name, address, email address, and State insurance license number. Providing incorrect or incomplete information may prevent timely filing and could delay proper crediting of your continuing education credits. EasyCE.com assumes no responsibility or liability for the inability to file any earned continuing education credits due to inaccurate or incomplete information.
- Confidentiality. EasyCE.com, its employees, agents, and/or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of EasyCE.com, or divulge, disclose, or communicate in any manner, any financial payment or personal information, including contact information, that is proprietary to you.
- Single-Use Subscription. Your subscription to the Web Services is a single-use subscription only and may not be shared. This means that you and you alone, may utilize the Web Services pursuant to your individual subscription and that you may not copy, reproduce, or transmit any website content or information to any person.
- Requested Information. You expressly permit and authorize EasyCE.com to furnish you, electronically when you use the Web Services or by any other means selected by EasyCE.com, information prepared by EasyCE.com including subscriber update information, advertising information regarding other products and services, notifications about additional courses, and account status updates and incentives. All such communications, advertisements, and solicitations will be understood to be "requested" by you through the act of using the Web Services, and each time you use your subscription you reaffirm such request. EasyCE.com's policies relating to privacy and the collection and use of subscriber information are set forth in the Privacy Statement, which forms an integral part of this Agreement.
- Reaffirmation of Agreement. Each time you use the Web Services, you expressly reaffirm your acceptance of the then-current Agreement. For this reason, you should periodically review the Terms and Conditions by which you are bound. If you do not wish to be bound by this Agreement, you may discontinue using the Web Services and immediately cancel your account.
- Term. Your account will continue until canceled by you or us. Access to subscribed courses will continue in effect until you have completed your selected course and passed a final exam.
- Subscriptions. For any subscription purchase, you will be allowed enrollment and access to all EasyCE courses until your subscription expires. Your expiration date will be listed in the "Account" section of your dashboard. Any applicable State CE Filing Fees are not included in subscriptions and will be billed at the time of enrollment.
- Maintenance and Modification of Services. EasyCE.com shall have the right to change or add to the terms of this Agreement at any time, and to change, alter, modify, discontinue, or impose conditions on any aspect or feature of the Web Services at any time, for any reason, without providing notice of such modification, without liability, and in EasyCE.com's sole discretion. Your continued use of the Web Services will indicate your agreement to any such changes.
- Copyrights. Unless otherwise noted, all materials in the Web Services are Copyright 2015 - EasyCE.com, LLC- All rights are reserved.
- Copy, Use, and Transfer Restrictions. EasyCE.com owns the title, copyright, and other intellectual property rights in all of the Web Services. You may not delete the copyright notices or any other proprietary legends on the original copy of the Web Services. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Web Services. You may not copy, rent, lend, lease, sublicense, distribute, publicly display, create derivative works based upon the Web Services or otherwise commercially exploit the Web Services. You may not electronically transmit the Web Services from one computer, console or other platform to another or over a network.
- No Warranty. The materials in the Web Services are licensed "as is." EasyCE.com makes no warranties, whether express or implied, regarding the Web Services or as to their performance, merchantability or to the results that may be obtained by using the Web Services.
- Assignment. Neither this Agreement nor any copyrighted or licensed material provided for herein may be assigned or transferred in whole or in part, in any manner, without the prior written consent of EasyCE.com.
- Jurisdiction. This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Georgia without regard to conflict of law provisions. Fulton County, Georgia shall be the sole location for venue or any action brought under this Agreement. Any disputes, controversies or claims arising out of or relative to this Agreement which fail to come to settlement by good faith negotiation of the parties within three (3) months shall be submitted to binding arbitration in Atlanta, Georgia in accordance with the Rules of the American Arbitration Association. The arbitrator will be an expert in the field of Internet services. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Insurance Education Only. You expressly acknowledge that you understand that EasyCE.com is not engaging in the business of selling insurance or soliciting or accepting applications for insurance, nor is EasyCE.com involved in the underwriting process of any insurance business. You expressly agree that under no circumstances, including negligence, shall EasyCE.com, its officers, agents, or employees or anyone else involved in creating or providing the Web Services be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the site; or that mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether limited to acts of God, communication failure, theft, destruction or unauthorized access to EasyCE.com's records, programs or services. You further agree that this paragraph shall apply to all content in the Web Services.
- Limitation of Liability and Damages. Understanding the limitations of the Web Services as set forth herein, to the maximum extent permitted by applicable law, under no circumstances (including negligence, fundamental breach, breach of contract, breach of warranty, tort, or any other reason) shall EasyCE.com be liable for any direct, indirect, incidental, special. or consequential damages or losses (including but not limited to damages for loss of business, loss of profits, and the like) in connection with the Web Services, including those that result from the use of or inability to use the Web Services or that result from mistakes, omissions, interruptions, deletion of files, defects, viruses, delays in operation or transmission, or any failure of performance, even if EasyCE.com has been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. In all situations, EasyCE.com’s entire liability and your exclusive remedy for all damages, losses, and causes of action (whether in contract, tort or otherwise) with respect to the Web Services will be the total amount of subscription fees paid by you. Subscription fees do not include any fees paid to EasyCE.com for the filing of your continuing education credits with a state Department of Insurance if so required. In jurisdictions that restrict limitation of liability provisions, EasyCE.com’s liability will be limited to the greatest extent permitted by law. This limitation will apply regardless of the failure of the essential purpose of any limited remedy. The terms of this section will survive any termination of the Agreement.
- Indemnification. You agree to indemnify and hold harmless EasyCE.com and its officers, directors, employees and agents against any liability, damages, or other expenses (including attorneys' fees and costs) arising from your use of the Web Services (including, without limitation, your dissemination of any information on the Web Services).
- Entire Agreement By using the Web Services, you agree that this Agreement is the complete and exclusive statement of the Agreement between you and EasyCE.com regarding the Web Services. However, this Agreement does not limit any rights that EasyCE.com may have under trade secret, copyright, patent, trademark, or other laws. If any provision of this Agreement is found to be invalid or unenforceable under applicable law, any remaining provisions will continue in full force and effect. Any delay or failure on the part of EasyCE.com to exercise any of its rights under the agreement or under law or to insist upon your strict compliance with any provision of this Agreement, shall not be construed as a waiver of EasyCE.com’s rights or remedies.