Terms and Conditions of Use and Privacy Policy Agreement

 Terms and Conditions of Use

PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THIS WEB SITE. BY ACCESSING THIS WEB SITE, USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THIS WEB SITE.

Center for Professional Education, LLC ("CPE"), a Colorado company, requires all persons or entities ("User" or "Users") accessing or using this web site or any CPE System or Internet/Intranet site ("Site") or portion of it, to agree to and accept all provisions contained in this agreement ("Agreement").  Use of any CPE site confirms the user's understanding and acceptance of this agreement without modification of the terms, conditions and notices contained herein.  Users may be subject to additional disclaimers and caveats that may appear on any site.

Corrections and Modifications

CPE is under no obligation to update, correct, or otherwise modify any information contained, residing on, transmitted to, or obtained from any CPE site. While every reasonable effort is made, in good faith, to ensure that the information presented on and contained in these sites is accurate and correct, there may be inadvertent (technical and/or factual) inaccuracies and typographical errors. Information contained in any CPE site may also become out-of-date.  While CPE disclaims all responsibility to update or correct any information placed on its sites, CPE reserves the right to do so, at any time and at CPE's complete and total discretion, without notice.  While CPE makes every attempt to keep the information on its sites accurate, CPE, its business partners and suppliers, cannot guarantee, and are not responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

Consent to Monitoring and Disclosure

CPE is under no obligation to monitor the information residing on or transmitted to any CPE site. However, anyone accessing a CPE site agrees that CPE may monitor the site (1) to comply with any necessary laws, regulations, or governmental requests; (2) to, in its sole discretion, operate the site in a manner it deems proper or to protect against conduct it deems inappropriate. CPE shall have the right, but not the obligation, to reject or eliminate any information residing on or transmitted to its sites that it, in its sole discretion, believes is unacceptable or inconsistent with this agreement. Data, product, and service orders originating from CPE sites may require the electronic transfer of user information and all or part of the information provided in an order form or request.  This transfer of information over the internet with third party vendors is needed for the user to receive the data, products and services requested.

No Advice

Information and services contained on any CPE site are offered with the understanding that CPE, its business partners, suppliers or users are not engaged in rendering legal, financial, or professional services or advice about situations or problems, specific or otherwise. CPE encourages all users to obtain competent and professional assistance in all matters requiring such advice or guidance.

Intended Use

Users agree to and understand the intended use of the products, services and information contained on any CPE site is for internal business or personal use only, as applicable. Furthermore, users warrant to CPE that they will not use any CPE site for any purpose that is unlawful or prohibited by this agreement.   Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, lists, databases, products or services obtained from any CPE site that is inconsistent with or contrary to acceptable practices, applicable law, or prohibited by this agreement. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain any information contained on any CPE site. If and when requested by CPE, its business partners, or suppliers, users agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing affiliation with any person or entity. Except with the written permission of CPE, users agree to refrain from accessing or attempting to access password protected, secure or non-public areas of any CPE site. Unauthorized individuals attempting to access prohibited areas of any CPE site may be subject to prosecution.

Failure to Comply

CPE reserves the right to terminate or restrict the access of any user to any CPE site, at CPE's complete and sole discretion, without notice should CPE determine that a user has violated (or is threatening to violate) any portion of this agreement. CPE also reserves any and all remedies at law or equity in connection with violation of this agreement. Any violation of this agreement, in the sole judgment and discretion of CPE, will subject the user to immediate termination or denial of access without further notice and/or legal action.

Security

Users of any CPE site agree to comply with any security processes and procedures (such as client codes, user names, and passwords) specified by CPE with respect to access to or use of any CPE site. Unless specifically authorized by CPE in writing, users of any CPE site further agree not to access or attempt to access any areas of or through a site which are not intended for their use.

Warranty Disclaimer and Limitation of Liability

USERS OF ANY CPE SITE ASSUME ANY AND ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SYSTEMS, SOFTWARE, AND THE INTERNET IN GENERAL. CPE, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, ASSIGNS, AND SHAREHOLDERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESSED OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, ANY CPE SITE OR THE INTERNET IN GENERAL, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, OR NON-INFRINGEMENT. CPE AND ITS AFFILIATES DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, USEFULNESS, OR TIMELINESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED ON A CPE SITE, OR ANY OTHER MATERIAL ACCESSIBLE TO OR OBTAINED FROM A CPE SITE. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY. NO ADVICE OR INFORMATION GIVEN BY CPE, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, OR AGENTS SHALL CREATE ANY WARRANTY. NEITHER CPE NOR ITS AFFILIATES WARRANT THAT THE INFORMATION OR MATERIALS ON ANY CPE SITE, OR ON THE INTERNET IN GENERAL, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIALS ACCESSIBLE FROM ANY CPE SITE, OR THE INTERNET IN GENERAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

In no event shall CPE, its affiliates and/or its suppliers be liable for any direct, indirect, incidental, special, punitive or consequential damages, including without limitation, lost revenues, lost profits, or loss of prospective economic advantage, arising out of or in any way connected with the use of or inability to use any CPE site; dependence on or use of any information, products, and services obtained through any CPE site; or mistakes, omissions, interruptions, deletion of data, errors, defects, delays in operation, or transmission or any failure of performance, or otherwise arising out of the use of any CPE site, whether based on contract, tort, strict liability or otherwise, even if CPE, its affiliates or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.

Indemnification

As a condition of use, users agree to indemnify, defend and hold harmless CPE, its affiliates and suppliers, from any and all liability, loss, claim and expense, including reasonable attorneys' fees, related to any user violation of this agreement.

Governing Law

Any disputes resulting from the use of any CPE site shall be construed and enforced under the laws of the State of Colorado. Users hereby agree to pursue such claims exclusively in the courts of Jefferson County, Colorado, and hereby submit to the jurisdiction of the courts of Jefferson County, Colorado and waive any objection to venue with respect to actions brought in such courts. In any dispute, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. If any provision of this agreement is held invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired thereby.  This agreement constitutes the entire agreement between users and CPE with respect to the use of any CPE site.  Any and all prior agreements, written, verbal or otherwise, pertaining to Terms and Conditions of Use are hereby declared void.

Use of any CPE site is prohibited in any jurisdiction that does not recognize any and all provisions of this agreement.  Users who choose to access any CPE site from said jurisdictions do so at their own risk and are responsible for compliance with local laws, to the extent that such laws apply or exist.

Linking with Third Party Web Sites and Systems

Periodically CPE makes reference in its sites to the products, services, processes, hypertext links, or other information of third parties. Unless specifically stated otherwise, such references do not constitute or imply CPE's endorsement, sponsorship, or recommendation of such third party products, services, processes, hypertext links, or other information. Such information is the sole and exclusive responsibility of the third party owner. CPE expressly disclaims any and all responsibility and liability for the information presented on or submitted to linked sites including any errors and/or omissions which may appear in or obtained from those third party sites.

        Links from CPE Web Sites

Any link (including hyperlinks, buttons, Business to Business interfaces (B2B), or referral devices of any kind) used on any CPE site is provided for the use and convenience of the user. The appearance of a link on any CPE site does not constitute an endorsement, recommendation, or certification by CPE of the third party site, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with CPE. CPE does not endorse these sites, is not responsible for their content, and cannot assure that the information contained therein will be accurate, reliable, helpful, or useful. Users should be aware that other sites might collect data and personal information and operate according to their own terms and conditions. 

        Links to CPE Web Sites

CPE generally does not object to links to CPE's web sites from third party sites. However, there are certain conditions that must be followed.

Unless CPE and a third party enter into a specific written agreement, a third party attempting to link to a CPE web site:

         May not present the link to CPE's web site in such a way to suggest CPE has any relationship or affiliation with the third party or that CPE endorses, sponsors, or recommends the information, products, or services contained or described on the site.

         Should only link to the home page/first page/default page/registration page of the CPE site.

         May not incorporate any content from the CPE web site into the third party's site, including but not limited to, in-lining or framing.

Furthermore, unless CPE and a third party enter into a specific written agreement, a third party attempting to link to a CPE web site may not use any of CPE's names, logos, designs, slogans, trademarks or service marks:

1.     In or with their links. Notwithstanding the above, a third party may link to a CPE site using the plain text name of that site or the plain text name of CPE.

2.     Or any other words or codes identifying CPE's web sites in any "metatag" or other information used by search engines or other information location tools to identify and select sites.

3.     In any advertising, publicity, promotion, or in any other commercial.

Press Releases/Company News

Any press releases, company news, or other materials contained on any CPE site reflect circumstances and conditions that existed as of the respective dates on which they were initially released, presented, or otherwise made.

Browser Policy

CPE recognizes the diverse operating systems and Internet Browsers users may be using while visiting a CPE site. CPE has designed its applications to work best for the users of the latest versions of the major Internet Browsers - Microsoft® Internet Explorer and Netscape®. CPE designs, develops, and tests applications to work correctly - though some applications may not have the best performance and presentation with other, less common browsers. Product names mentioned herein may be trademarks or registered trademarks of their respective companies.

Inherited Terms of Use and Policies

The use of any CPE site, system, or network relies on internet connectivity provided to CPE by Cbeyond LLC® ("Cbeyond"), or its successors or assigns.  Any and all legal notices, terms of use, and policies governing CPE's use of this internet connection and service thus bind any user of CPE's sites, systems or network to those same terms, conditions, and policies.  Cbeyond's legal notices, including acceptable use policies, may be reviewed at http://www.cbeyond.com/constants/legal.htm.

Credit Card Authorization

Users authorize CPE to deduct charges for a subscription, service, or product that require such payment.  User will be advised of charges and will only occur with the user's authorization from a credit card account provided by the user.

 

Changes and Other Terms

 

CPE, its affiliates and suppliers, reserve the right to make changes, updates, improvements to any information, product or service contained in any CPE site, or terminate any CPE site or affiliation, at CPE's complete and total discretion, at any time, without prior notice.

 

Access to particular areas on a specific CPE site may be subject to additional or different terms and conditions, as specified and at the sole discretion of CPE. CPE also reserves the right to change any provision of this agreement, at any time, without prior notice. Posted changes shall become effective immediately.  Because provisions can change, users agree to periodically review this agreement, and the continued use or access to any CPE site constitutes the user's acceptance of the revised agreement.

 

Questions

 

Questions or comments should be directed to CPE's Webmaster at webmaster@CPEducation.net.

 

Last Revised 11/26/07

 

 

Privacy Policy

CPE is dedicated to ensuring the privacy of its customers and users of all CPE sites. As such, CPE utilizes industry-standard security measures to safeguard internet transactions and communications. The purpose of this statement is to explain the types of information CPE collects about users of its websites, the manner in which this information is collected and used, with whom and under what circumstances the information is shared, and the manner in which users can restrict the use or disclosure of such information. This privacy policy does not extend to any information that is inherent in the operation of the Internet, and therefore beyond the control of CPE, and is not to be applied in any manner contrary to applicable law or governmental regulation.

Non-Personal Identification Information Collection

While CPE's web servers automatically collect internet related information about users, they do not collect personal identification information about users. The web servers gather information about the particulars of a user's visit through the CPE web site such as the web page from which a user enters a CPE site, the pages within CPE's site visited, how long a user is on the site, and other such information that will help CPE evaluate and improve its site.

Personal Identification Information Collection

When users voluntarily provide personal identification information to CPE through any web site, such as when ordering data, products, or services and accessing account specific or other profile information, CPE limits its use of such information to the purposes for which the information was provided. However, CPE reserves the right to use such information for marketing/product development research and other similar purposes and/or to contact a user regarding additional data, products, or services such user may find useful. Users have the right to choose not to receive this information by notifying CPE of their preference.

Internal Disclosure of Information

CPE employees are permitted access to the information they require to perform their jobs and service customers. CPE maintains strict internal policies against the unauthorized disclosure or use of customer information.

Third Party Disclosure of Information

CPE does not sell or disclose personal identification information obtained on-line from users through its sites to anyone outside of CPE unless (i) specifically authorized by a user; (ii) such disclosure is to a CPE business partner that provides beneficial services to CPE customers and such business partner agrees to keep the information CPE provides confidential; (iii) required by law or a court or government agency of competent jurisdiction; or (iv) such disclosure is necessary to protect the safety of CPE, its affiliates, customers, employees, or property.

Unsolicited E-mail

CPE does not send unsolicited "junk" e-mail (spam). However, CPE does use e-mail to communicate with customers and respond to user inquiries, confirm orders placed online, and send information requested by users through its web sites. Any users receiving unwanted e-mail from CPE should contact the company and advise of their desire not to receive future e-mails and/or request removal from CPE's e-mail list. As soon as reasonable practicable, CPE will remove such user from the company's e-mail list.

Cookies

CPE's web sites use a technology called "cookies" which are small files stored by your browser to help keep track of transaction information. Cookies provide a way for a server to recall a previous request or form, or to keep track of a transaction as it progresses thereby eliminating the need to repeat the information previously provided. A cookie can only be accessed from the web site that placed it on the user's system.  The cookies used by CPE do not collect personal identification information and CPE does not combine information collected through cookies with other personal information to determine a user's identity or e-mail address. CPE may also use cookies to track user trends and improve areas of CPE's sites that users find valuable. Cookies are commonly used on web sites today and should not harm any system upon which they are transmitted. Browsers can be configured to notify users when cookies are about to be received and provide users with the option of refusing cookies.

Future Privacy Policy Modifications

CPE is continually trying to improve the services it provides customers through its web sites. As such, CPE may expand its capabilities for obtaining information about users in the future. Thus, CPE reserves the right to revise its Privacy Policy as required by advances in technology or other changes in the collection of information through the internet at any time without notice.

Questions

Questions or comments should be directed to CPE's Webmaster at webmaster@CPEducation.net.

Last Revised 11/23/02