Terms of Use

TERMS OF USE
Date Last Modified: 12/29/2020

Welcome to www.ContinuingEdExpress.com (the “Website”).  The Website and the related online services (collectively with the Website, the “Services”) are made available by Continuing Ed Express LLC, a Minnesota limited liability company (“CEE”), subject to these Terms of Use (“Terms of Use”).  

By accessing and/or using the Services, by registering for an account through the Services (“Account”), or by purchasing access to real estate courses (“Courses”), You agree to be bound by these Terms of Use, as they may be amended from time to time, and You further agree that CEE may collect, process, transfer, use and disclose Your information in accordance with CEE’s Privacy Policy which is incorporated herein by reference.  If you do not agree to these Terms of Use, do not continue to access or use the Services and do not register for an Account or purchase access to Courses. 

1. Compliance.  To ensure You remain in compliance with these Terms of Use, CEE recommends reviewing the current Terms of Use each time You access or use the Services.  If You have any questions or comments regarding these Terms of Use or the Services, please contact CEE at the contact information listed in Section 20 below.

2. General Use.  The Services are made available, subject to these Terms of Use, to allow You to (i) obtain information about CEE and the Services, (ii) register for an Account, (iii) view, purchase access to and access Courses, and (iv) request and receive support with respect to the Services.  Subject to these Terms of Use, CEE grants You a limited, non-exclusive, non-transferable and revocable right to access and use the Services solely to obtain information about CEE and the Services, register for an Account, view, purchase access to and access Courses and request and receive support for the Services and solely for Your benefit.  

3. Your Account.  You must access the non-public portions of the Website, such as accessing Courses, through Your Account. The security and confidentiality of Your Account username and password is Your sole responsibility.  You must notify CEE of any unauthorized access or use of which You become aware.  You agree to bear all responsibility for all actions under or through Your Account, whether authorized or unauthorized.  You may update Your Account by changing the Account settings.  

4. Registration Data.  All of Your information and data provided to CEE in connection with registering for Your Account (“Registration Data”) must be true, accurate, current and complete at all times.  You hereby authorize CEE and its contractors and suppliers to use, copy, sublicense and disclose Registration Data (i) as part of providing the Services, (ii) if required by applicable law, where necessary to enforce these Terms of Use and/or to protect any of CEE’s or other parties’ legal rights, (iii) in an aggregated form which does not include Your identifying information, and (iv) as permitted by CEE’s Privacy Policy.  If You provide CEE Your email address or register for an Account, You hereby consent to and authorize CEE to send You notices (a) regarding the Services or Your Account, and (b) CEE newsletters and marketing materials regarding the Services (“Marketing Messages”).  If You do not want to receive Marketing Messages, You may opt out in Your Account settings or by contacting CEE using the contact information located in Section 20 below.  

5. Course Fees.  The fees to access and attend Courses are set forth in the checkout process and Your order.  You are responsible for providing a valid credit card number at the time You pay by credit card. You represent and warrant that the credit card number You provide is valid and You are an authorized user of the credit card number provided. You agree that CEE may pass Your credit card information and personally identifiable information to its designated service provider(s) for their use in processing credit card payments.  All sales are final and all fees paid are nonrefundable except as expressly set forth in CEE’s Refund Policy.  

6. Prohibited Uses.  In addition to uses otherwise prohibited by CEE, these Terms of Use or applicable law, You shall not, and You shall not allow any third party to, do any of the following: 

  • Access, use or register for the Services if You are under eighteen (18) years old.
  • Use the Services for any competitive purpose, including, but not limited to, creating services, products or software that are substantially similar to the Services.
  • Distribute, disclose, sublicense, rent, lease, use, permit use of, modify, commercialize for third parties, create derivatives of, make available or allow use of any portion of the Services or Your Account in any format except as permitted in these Terms of Use.  
  • Allow any third party assist You with the completion of any Course.
  • Use or access any data, content or materials for any purpose or in any manner other than real-time viewing (which prohibits, for example, screenshots, downloading, recording and storing) unless expressly permitted by the features of the Services.

7. Acknowledgments.  You acknowledge and agree that (i) You are solely responsible and liable for Your interactions with the Services, (ii) You are aware that the Services, including, without limitation, Courses, are not legal or tax advice and are not a substitute for professional guidance and advice, and (iii) Courses may not cover all of the issues related to their general subject matter and the specific facts that apply to Your situation could make Your outcomes different than those suggested in any Course.  Without limiting the foregoing, You acknowledge that You are accessing and using the Services at Your own risk and that You are personally responsible for verifying their suitability for Your needs.  

8. Ownership.  As between You and CEE, CEE is and shall remain the exclusive owner of the Services, Courses, CEE’s data, information and content (expressly excluding any content you transmit), and all patent, copyright, trade secret, trademark and other intellectual property rights therein. You shall not challenge or assist any third party to dispute or challenge CEE’s ownership of such rights.  CEE expressly reserves all rights not expressly set forth in these Terms of Use.

9. Accessibility and Updates.  You are solely responsible for providing and maintaining all hardware, software, electrical or other physical requirements for accessing and using the Services, including, without limitation, internet access and web browsers.  CEE does not guarantee continuous, uninterrupted or secure access to the Services.   

10. Third Party Links.  The Services may contain links to third party websites.  CEE has no control over and is not responsible for such websites or the content provided on or through such websites.  You should review the applicable terms of use and/or privacy policies for such websites before using them.  You hereby accept sole liability for the use of such links and you acknowledge and agree that You access such websites at Your sole risk.  

11. Termination. CEE has the right at any time, with or without prior notice and without liability, to suspend or terminate Your access to Your Account.  CEE shall also have the right, but not the obligation, at any time to change or discontinue any aspect or feature of the Services, including, without limitation, changing or removing any of the Courses from the Services, in its sole discretion.  In the event You desire to terminate Your Account You may do so by contacting CEE using the contact information set forth in Section 20 below.  Upon termination of Your Account, all of the information associated with Your Account may be retained or deleted without notice.  CEE shall have no liability for such retention or deletion.  Notwithstanding the foregoing, or anything to the contrary, CEE shall have the right to retain all of the information associated with Your Account as required by applicable law.

12. Indemnification. To the fullest extent permitted by law, You shall indemnify, defend and hold CEE, its employees, members, managers, governors, suppliers, agents, contractors, affiliates, representatives, successors and assigns (collectively, “CEE Parties”) harmless from and against any and all liabilities, actions, obligations, costs and expenses (including, but not limited to, attorneys’ fees) arising out of or alleged to result from (i) Your breach of these Terms of Use, (ii) Your access to and use of the Services, and/or (iii) Your Registration Data or any content you transmit. 

13. Disclaimers.  EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, THE SERVICES, COURSES AND ANY OTHER DATA, CONTENT AND MATERIALS CONTAINED IN OR PROVIDED THROUGH THE SERVICES OR COURSES ARE PROVIDED ON AN “AS IS” BASIS.  IF YOU ARE DISSATISFIED WITH THE SERVICES, COURSES, THESE TERMS OF USE OR ANY PORTION OF THE FOREGOING, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. 

14. Liability.  SUBJECT TO THE OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF USE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CEE OR ANY OTHER CEE PARTIES BE LIABLE UNDER ANY LEGAL THEORY FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SERVICES OR COURSES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DAMAGES EXCEPT TO THE EXTENT OF ACTUAL, DIRECT DAMAGES INCURRED BY YOU, NOT TO EXCEED THE GREATER OF THE FEES PAID BY YOU TO CEE THROUGH THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES OR ONE HUNDRED AND NO/100 DOLLARS ($100.00).  THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT INCREASE THIS LIMIT. 

15. Force Majeure.  CEE shall not be responsible for delays or failures of performance resulting from acts beyond its reasonable control, including, but not limited to, internet connection failures, government regulations or orders, and power failures. 

16. Feedback.  If You submit any feedback or related information concerning the Services to CEE, You hereby grant to CEE a royalty-free, perpetual and irrevocable license to use such feedback or related information in any manner.  

17. Assignment. You may not assign or transfer these Terms of Use, or any of Your rights or obligations hereunder, without the prior written consent of CEE, and any attempted assignment or transfer without CEE’s prior written consent shall be null and void.  CEE may assign these Terms of Use.  All of the terms and provisions of these Terms of Use shall be binding upon and shall inure to the benefit of the parties hereto and their respective personal representatives, estates, heirs, successors and permitted assigns.

18. Governing Law.  These Terms of Use shall be governed by, construed and enforced according to the laws of the State of Minnesota, without regard to its conflict or choice of law principles.  Any action arising out of or relating to these Terms of Use shall be brought only in the state or federal courts of Hennepin County, Minnesota, and all parties expressly consent to such courts’ jurisdiction and irrevocably waive any objection with respect to the same.

19. Intellectual Property.  If You find or suspect intellectual property infringement with respect to the Services or any Courses, believe that the Services or any Courses otherwise violate these Terms of Use, or have questions, complaints or claims regarding the Services, please immediately notify CEE using the contact information located in Section 20 below. Upon receiving such information, CEE will investigate the matter, in its sole discretion.  

20. Contact Information.  Except as otherwise provided, notices under this Agreement shall be in writing and shall be deemed given when received via electronic mail, in each case to the respective party as set forth below.  
To CEE: info@continuingedexpress.com
To You: To the email specified in Your Account information. 

21. Miscellaneous. If any provision of these Terms of Use is found void or unenforceable, this will not affect the validity of the balance of these Terms of Use, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.  Except as stated in Sections 12 through 14 above, nothing in these Terms of Use is intended to confer upon any person other than the parties hereto, and their respective personal representatives, estates, heirs, successors and permitted assigns, any rights or remedies under or by reason of these Terms of Use.  Any and all rights and obligations contained in these Terms of Use which by their nature and/or context are intended to survive termination of these Terms of Use shall so survive.  No breach or right under these Terms of Use may be waived unless in writing signed by the waiving party.

22. Changes to Terms of Use.  CEE may modify these Terms of Use from time to time by posting an updated version of these Terms of Use and changing the “Date Last Modified” above.  Such changes shall be effective immediately upon posting updated Terms of Use.  If You continue to access or use the Services, You accept such modified terms.  If You do not agree to such changes, do not continue to access or use the Services. 

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