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Please read these terms and conditions of use before using the Web site.
By using this Website, you signify your agree to these terms of use. If you do not agree to Outkick CLE, LLC’s (hereinafter Outkick) terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Website following the posting of changes to these terms will mean you accept those changes.
Member Account
If you register as a user of this Website, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify Outkick of any unauthorized use of your username and password or any other breach of security at support@outkickcle.com
Privacy
Registration data and certain other demographic information about you are subject to Outkick’s privacy policy. For more information, see our privacy policy, which is incorporated in full herein by reference.
Unlimited CE
Unlimited Continuing Education (hereinafter CE) members pay for yearly access to Outkick’s on-demand CE programs. Specific memberships also include access to live CE webcasts and live CE events. Each member’s access is defined at the time of enrollment and CE members must have an active membership to view or attend live courses.
Course Expiration Dates
Due to the different rules and guidelines for each state governing CE requirements, certain courses will expire at different times. To be sure that you are taking courses before their expiration date, please check the course page. The rules state that you must apply for credit with the CE Education governing body for your state on or before the date of expiration.
Outkick has a policy that if one of our users purchased a course that expired before credit was received, we will switch that course for another of equal or lesser value for no charge. However, it is important for the user to be aware of which courses are expiring and to take the necessary actions to complete the course before the date of expiration. Outkick is not responsible for any actions taken against the individual for failure to complete required CE credits on time because of an expiration issue.
Fees and Payments
You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. You shall pay all applicable taxes relating to use of the Website through your account.
Refund Policy
Outkick will provide full refunds requested within seventy-two (72) hours of the purchase date unless you have received Continuing Education credit (CE credit) for a course. Once you have claimed CE credit and/or received a certificate for a course, the course can no longer be refunded. After the seventy-two (72) hour period, you cannot receive a refund, however, exchanges or substitutions will be provided where necessary.
Limitations on Reporting Fees
In states where Outkick pays per credit, Unlimited CE membership includes reporting fees for the state’s credit requirements per reporting cycle plus carryover credits. Any amount above that will be billed to a member’s credit/debit card. The following states are included: Georgia and Tennessee. Additionally, Outkick will only report credits in one of the above states for courses that are pre-approved for credit in those states.
Restrictions on Use Of Course Materials
Unless otherwise noted, all materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, videos and audio files that are part of the Website (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by Outkick, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Website.
No Content from the Website may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non- commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from Outkick, or the copyright holder identified in the copyright notice contained in the Content.
If you wish to build a hyperlink to the Website, you may do so provided you agree to cease such link upon request from Outkick. No other use is permitted without prior written permission of Outkick.
Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the Content is strictly forbidden.
Modification of the Content or use of the Content for any other purpose is a violation of Outkick’s copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other website or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to Outkick.
E-Mail and Public Communication
“Forum” means letters, e-mails or other types of communications to the webmaster(s) or employees of Outkick, and messages posted in connection with online seminar discussions on the Website. You shall not upload to, distribute through, or otherwise publish through a Forum on the Website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Website to join or become members of any commercial online or offline service or other organization is expressly prohibited.
Subject to the terms of the Outkick privacy policy, in general, we will not monitor or edit the contents of Forum materials unless required in the course of normal maintenance of the Website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Outkick; (2) protect and defend the legitimate business interests, rights or property of Outkick, its users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Users shall remain solely responsible for the content of their communications. Outkick has the right but not the obligation to monitor and edit or remove any Forum communications and content.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
Third Party Communication and Content
Third Party Communications. Provider disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Provider assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Website.
Third Party Content. Third party content (including, without limitation, Postings) may appear on this Website or may be accessible via links from this Website. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Provider. Further, information and opinions provided by employees and agents of Provider in Interactive Areas are not necessarily endorsed by Provider and do not necessarily represent the beliefs and opinions of Provider.
Not Professional Advice
The Content contained on the Website has been prepared by Outkick as a service to its users and the Internet community and is not intended to constitute legal or tax from a professional attorney, accountant, certified financial planner, or tax preparer. Outkick has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Website. Users of information from the Website or links do so at their own risk.
Other Products
Any reference made by the Website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Outkick. Content on the Website may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Outkick.
Links to Other Web Sites and Services
To the extent that the Website contains links to outside services and resources, Outkick does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
Non-Transferability
Your right to use this Website is not transferable. Any password or right given to you to obtain information is not transferable.
Indemnification
You agree to indemnify, defend and hold Outkick harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation or alleged violation of this Agreement or use of the Website.
Disclaimer
THE CONTENT IN THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OUTKICK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUTKICK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR- FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. OUTKICK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE — USE OR THE RESULTS OF THE — USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT OUTKICK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE INFORMATION CONTAINED IN THIS WEBSITE, AND ITS ASSOCIATED WEBSITES, INCLUDING BUT NOT LIMITED TO OUTKICK, IS PROVIDED AS A SERVICE TO THE INTERNET COMMUNITY, AND DOES NOT CONSTITUTE LEGAL, ACCOUNTING, TAX OR FINANCIAL ADVICE. WE TRY TO PROVIDE QUALITY INFORMATION, BUT WE MAKE NO CLAIMS, PROMISES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE INFORMATION CONTAINED IN OR LINKED TO THIS WEBSITE AND ITS ASSOCIATED SITES. AS LEGAL AND OTHER PROFESSIONAL ADVICE MUST BE TAILORED TO THE SPECIFIC CIRCUMSTANCES OF EACH CASE, AND LAWS ARE CONSTANTLY CHANGING, NOTHING PROVIDED HEREIN SHOULD BE — USED AS A SUBSTITUTE FOR THE ADVICE OF A COMPETENT COUNSEL OR PROFESSIONAL ACCOUNTANT, CERTIFIED FINANCIAL PLANNER, TAX PREPARER, OR OTHER LICENSED PROFESSIONAL.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OUTKICK BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE — USE OF, OR THE INABILITY TO — USE, THE CONTENT ON THE WEBSITE, EVEN IF OUTKICK OR AN OUTKICK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUTKICK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CA– USES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
Jurisdiction
Unless otherwise specified, the Content on the Website is presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates. The Website is controlled and operated by Outkick from its office within the State of Tennessee. Outkick makes no representation that Content on the Web site is appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for establishing the useability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.
All users, including those users who access the Website from a country other than the U.S., agree that the laws of the State of Tennessee shall govern any dispute, including those arising from Outkick’s use of personal information or otherwise relating to privacy, as specified in the Privacy Policy.
These terms shall be governed by and construed in accordance with the laws of the State of Tennessee. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Davidson County, Tennessee and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Website and these Terms of Service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by Outkick.
To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Outkick’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Termination
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all Content obtained from any and all Website(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. The privileges granted to you by these terms, including the maintenance of a member account, will terminate immediately without notice from Outkick if, in Outkick’s sole discretion, you fail to comply with any provision of these terms. Upon termination, you must destroy all Content obtained from the Website and all copies thereof, whether made under these terms or otherwise. Outkick may take such further action as Outkick determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Outkick shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from Outkick’s exercise of its rights under these terms and conditions.
Members Can Only Receive Credit One (1) Time for Each Course
Members can only receive CE credit one time for each CE course. Therefore if you take the same course in two separate reporting periods, you will only receive credit the first time you complete the program.
Contact Information
You can reach us at support@outkickcle.com.
LAST UPDATED: June 2014
