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Terms of Service
This website and any mobile application (collectively, this “Site”) is owned by Cox Education, LLC (“Cox Education”). Cox Education is providing you with access to this Site and its online store (together, “Services”) subject to the following terms and conditions.
By browsing, accessing, using, registering for or purchasing continuing education courses on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). Please read these Terms carefully. Cox Education reserves the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms‚ you should not browse, access‚ use‚ register for or purchase continuing education courses from the Site.
Representation. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
Use of This Site. Subject to your compliance with these Terms‚ Cox Education grants you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on this Site. You may not use‚ frame or utilize framing techniques to enclose any of Cox Education’s trademark‚ logo‚ content or other proprietary information (including the images found at this Site‚ the content of any text or the layout/design of any page or form contained on a page) without Cox Education’s express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing Cox Education's name‚ trademark‚ or product name without Cox Education's express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Cox Education or its instructors in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use Cox Education logos or other proprietary graphics or trademarks as part of the link without express written permission.
Account. In order to access some features of this Site‚ you may be required to register and Cox Education may assign to you, or you may be required to select, a password and user name or account identification. If you register‚ you agree to provide Cox Education with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Cox Education of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and Cox Education has no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Electronic Communication. When you use this Site, or send emails to Cox Education, you are communicating with Cox Education electronically. You consent to receive communications from Cox Education electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that Cox Education provide to you electronically satisfy any legal requirements that such communications be in writing and consent to us advertising to you via email.
User Content. This Site includes features and functionality that allows users to store content, such as text, documents, photos or graphics on the Sites (“User Content”). You agree that you are solely responsible for your User Content and that your use of the Site to store such User Content is at your own risk.
By storing User Content on the Site, you agree:
User Content does not impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent.
User Content does not infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
User Content does not contain any viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
Rights in User Content. Except as otherwise provided in these Terms, on this Site or in a separate agreement with Cox Education, Cox Education claims no ownership or control over any User Content. However, by submitting User Content on this Site, you grant to Cox Education a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Cox Education the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Cox Education’s applicable terms, guidelines or policies or any applicable law, rule or regulation.
Feedback. Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Cox Education and our courses (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Cox Education’s sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Restrictions on Rights to Use. You agree you will not (and you agree not to allow any other individual or entity using your password and identification to):
Download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this Site‚ except and to the extent expressly permitted under these Terms.
Remove any copyright‚ trademark or other proprietary content contained in or on the Site.
Use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Site.
Collect any information about other users (including usernames and/or email addresses) for any purpose.
Reformat or frame any portion of any Web pages that are part of this Site.
Create user accounts by automated means or under false or fraudulent pretenses.
Create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Site.
Submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by Cox Education.
Transmit or upload to this Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of this Site‚ any other website‚ or any computer or other device or system‚ or the enjoyment of this Site by any user.
Use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes).
Submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene.
Copy or store any User Content offered on this Site other than for your personal‚ non-commercial use.
Take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available.
Use this Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.
Cox Education has no obligation to monitor any user conduct on this Site, and Cox Education reserves the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
Ownership. As between you and Cox Education‚ this Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by Cox Education or our licensors and protected by applicable copyright laws.
The use of any of Cox Education’s trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Cox Education’s patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.
Educational Purposes Only. All information provided by Cox Education is for educational purposes only. Cox-Education, LLC is not a law firm and does not provide legal advice. Please do not convey any information you regard as confidential. Any information you convey to Cox Education may not be secure and may not be confidential.
Purchases on this Site. You agree that all of your transactions with or through this Site may, at Cox Education’s option, be conducted electronically from start to finish. If Cox Education decides to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by Cox Education. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
Only valid credit cards or other payment method acceptable to Cox Education may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
Cox Education attempts to be as accurate as possible and eliminate errors on this Site; however, Cox Education does not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, Cox Education reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
Cox Education reserves the right to cancel an order without notice, even if you have already placed your order. All prices are subject to change without notice. Cox Education utilizes third-party providers to provide services such as online commerce. Cox Education is not responsible for the acts or omissions of such third-party providers.
Instructors. While Cox Education does vet its instructors, Cox Education does not certify the qualifications of any instructor or other service provider. Any opinions or statements expressed by an instructor do not necessarily constitute the opinion or statement of Cox Education or any sponsors.
Certificates. At the completion of each class, reciept of payment and verification of attendance, all students will have access to their respective continuing education certificates through the Site. Unless stated otherwise, continuing education and courses are provided by Cox Education only.
Cancellations. Orders that you submit online are processed immediately. You may cancel your class up to 24 hours before the class begins and request a full refund. If cancellation is made less than 24 hours before the class begins, you will receive a credit to reschedule at a later date. Credit must be used within 90 days.
Links. This Site may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that Cox Education is not responsible for the operation of or content located on or through any such site.
Termination. You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and/or providing Cox Education with a notice of termination. Cox Education reserves the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
Indemnification. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Cox Education and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, attorneys, employees, independent contractors, service providers and consultants ("Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Cox Education of any third-party Claims, cooperate with Cox Education in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees and costs). You further agree that Cox Education has the right to control the defense or settlement of any third-party Claims.
Disclaimers. Except as expressly provided, this Site, including all Site content, and services provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. COX EDUCATION DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Cox Education does not represent or warrant that this Site is accurate, complete, reliable, current, or error-free. Cox Education does not represent or warrant that this Site or our servers are free of viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability. Your sole and exclusive remedy, and Cox Education’s sole and exclusive liability, for any breach of warranty shall be your right to receive a refund for the service under Cox Education’s applicable returns and exchanges policies. IN NO EVENT SHALL COX EDUCATION OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE COX EDUCATION OR COX EDUCATION’S RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Remedies. You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours is exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees, costs and expenses.
Modifications to Site. We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
Severability. If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
No Third-Party Beneficiaries. These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third-party or to create any obligations or liability of a party to any such third-party.
Miscellaneous. No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind Cox Education in any respect whatsoever. Cox Education may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ or postings on this Site. These Terms, which are deemed accepted by you upon your acceptance or use of the Site‚ constitute the entire agreement among you and Cox Education regarding use of this Site. Cox Education’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable or sublicensable by you‚ except with Cox Education’s prior written consent.
Questions. Any questions about these Terms of Service should be addressed to firstname.lastname@example.org.