WEBSITE TERMS AND CONDITIONS OF USE
The following terms and conditions (“Terms and Conditions”) govern your access to and use of this website (the “Site”), and any associated Content (as defined below) and Software (as defined below). CCR Seminars (“CCR”) may revise these Terms and Conditions at any time by updating this posting. Additionally, CCR may require you to abide by additional terms and conditions in order to access and participate in seminars, webinars and on-line demand courses, and to establish, use, and administer Accounts (as hereinafter defined). PLEASE READ THE TERMS AND CONDITIONS HEREIN CAREFULLY BEFORE USING OR PROCEEDING TO ACCESS THE SITE. BY ACCESSING AND USING THE SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE. As used, in these Terms and Conditions, “you” or “User” means any user or visitor of the Site and “CCR,” “we” or “us” means CCR Seminars and its affiliates. In the case of a Sponsored Group (as hereinafter defined), “you” means the organization that is administering the Sponsored Group, as well as the designated authorized users and employees who are using the Administrator Account (as hereinafter defined).
The Site, Software and Content, including without limitation, the seminars, webinars and on-line demand seminars (“Courses”), the Services (as hereinafter defined), the trademarks, logos and service marks (“Marks”) accessed via, displayed on, purchased and/or provided through, the Site are the property of CCR and other parties. Users are prohibited from using any Content, including without limitation, Courses, Services, or Marks for any purpose without the written permission of CCR or such third party which may own Content, including, without limitation, Courses, Services and Marks. Access to Courses is also subject to the payment of registration fees for such Courses and subject to all additional terms and conditions as may be required by CCR. All information, materials and content including, without limitation, any Courses, Services, Marks, text, photographs (including, without limitation, the information and details presented during such Courses), audio, video, illustrations, slides (including, without limitation, the details presented during such slides), outlines and questions (collectively, “Content”) made available by CCR and/or other third parties on or through the Site and all software and code (“Software”) made available by CCR and/or other third parties on or through the Site, is protected by copyright and is the property of CCR and/or other parties. For purposes of these Terms and Conditions, “Services” shall mean all services provided by CCR, including, without limitation, the provision of Courses. You acknowledge that CCR and/or other parties retain exclusive proprietary rights in all Services, Content (including, without limitation, Courses) and Software. You are prohibited from modifying, disassembling, reverse engineering, creating derivative works of, downloading, copying, distributing, or redistributing (including by caching, framing or similar means), transmitting, selling, retransmitting, reselling, displaying, publishing, selling or licensing any Content (including, without limitation, Courses) or Software or otherwise making it available in any manner to any third party, or otherwise permitting others to listen to Courses using your Account (as hereinafter defined); provided, however, that if you are registered for a Course, you may access and listen to such Course and view and print materials from the Resources section via the Site using your Account for your own personal educational use solely and expressly in accordance with the terms and conditions that are applicable to such use as we advise you. You are further permitted to print certificates and reports listing your completed Courses for purposes of your records and reporting your continuing education (“CE”) to the National Court Reporter Association (“NCRA”) and national and state licensing boards and associations.
Registering a user account (“Account”) on this Site requires your email address, name, phone number (optional), address, and that you select a password. You must create your own individual Account; you cannot share an Account with any other person. CCR reserves the right to terminate an Account for any reason or for no reason, provided, however, that in such event CCR shall refund any Courses that were pre-paid within the prior twenty-four (24) months that have not been viewed. You are responsible for any activities that occur within, or while using, your Account. You are responsible for protecting your password and for any unauthorized use of your Account. You further agree to notify CCR of any unauthorized use of your Account or any other breach of security.
Sponsored Group and Administrator Account
If you have registered to administer a sponsored group (“Sponsored Group”), you will provide the requested information and be given an administrator-level account (“Administrator Account”) which will permit you to pre-pay for Courses and to allocate and distribute such pre-payments among various holders of Accounts that you designate are part of your Sponsored Group (“SG Participants”). You will be responsible for any activities that occur within or using your Administrator Account. You are responsible for protecting your password and for any unauthorized use of your Administrator Account. You are responsible to determine the budget for your Sponsored Group and for allocating the budget among your SG Participants. You understand that once an SG Participant registers or pays for a Course, no refund will be provided, even if the SG Participant does not listen to or attend the Course, regardless of the circumstance.
Restrictions on Use of Site
Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. You may only use the Site and Services, including any Content (including, without limitation, Courses) and Software for your personal use (or, in the case of an Administrator Account for a Sponsored Group, to administer the Sponsored Group) as and to the extent permitted under these Terms and Conditions and not for commercial, public or any other purpose. You shall not use or permit anyone to use the Site, Services, Content or Software for any unlawful or unauthorized purpose (including without limitation, to transmit spam, viruses or other unlawful or harmful messages, codes, or files) and you are not authorized or permitted to furnish any Services, Content or Software to any person or firm for reuse or retransmission without prior written approval of CCR and any other source of such Services, Content or Software. Without limiting the foregoing, your access to and use of Courses shall be solely for purposes of satisfying your personal CE requirements.
Content on the Site is provided for informational purposes only. Content is believed to be reliable, but we do not warrant the accuracy, completeness, or timeliness of Content. The Courses, materials, and details depicted on the Site and in the Content are proprietary. Copying and reuse is prohibited without express written permission by CCR and all parties that have proprietary interests therein. Additionally, copying and reuse may be dangerous and unlawful for reasons beyond infringement. While all Courses are prequalified or preapproved for CE Credit (“CE Credit”) by the NCRA and certain individual states have approved the Course for CE Credit, (subject to your completion of the requirements for credit, including, without limitation, payment of the appropriate submission fees and responding to the questions asked (as may be advised by CCR, in its sole non-reviewable discretion)), it is your responsibility to confirm that a particular state jurisdiction will grant CE Credit for a particular activity. Further it is your responsibility to submit all paperwork to the NCRA and state jurisdictions and pay all fees, provided that with respect to the live seminars and webinar Courses, CCR will endeavor to report your attendance to the NCRA. You are ultimately responsible for assuring that all CE Credit hours are properly reported. IN NO EVENT SHALL CCR OR OTHER THIRD PARTIES (OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE FOR ANY INACCURACIES, ERRORS, OMISSIONS, INTERRUPTIONS, MALFUNCTIONS, INCOMPLETENESS OR DELAYS IN THE SITE, SERVICES OR CONTENT (INCLUDING, WITHOUT LIMITATION, COURSES) AND ACCESS THERETO OR THE PROVISION THEREOF, OR FOR THE FAILURE OF COURSES TO QUALIFY FOR CE CREDIT, OR FOR ANY ERRORS IN REPORTING YOUR ATTENDANCE. The Site, Services, Content and Software are subject to change without notice.
Additional Terms Relating to Courses
- Advice, opinions and information provided during a Course (or as part of Content) represents the opinion of the presenter and not CCR, and is not guaranteed.
- You are responsible to know and to follow the rules and regulations of the NCRA and your state and national boards and associations.
- Court reporting boards and associations will not award credits for repeating an identical Course during the same CE cycle.
- It is solely your responsibility to ensure that you do not repeat an individual seminar during the same CE cycle. In addition, some state and national boards and associations place limits and/or requirements on court reporters receiving CE credits in select categories. It is solely your responsibility to be aware of, and comply with, any and all state and national CE requirements and restrictions.
- Refund policy: Once you register for a Course, you may not cancel your registration or request a refund. Course registrations are strictly non-refundable. However, in the event of an internet or other service disruption during a live webinar Course, CCR, in its sole non-reviewable discretion, may allow you to attend the next live webinar Course free of charge or reduced charge, as determined by CCR.
- Expiration Policy: On demand Courses and any monetary credits that CCR may issue (in its sole non-reviewable discretion), expire within two (2) years of registration or issuance.
- You are prohibited from recording Courses. You are hereby notified that your voice may be recorded by CCR during live seminar or webinar Courses. By attending a live seminar or webinar Course, you agree to permit the use of your voice in any recording.
- Live Webinar attendees must answer one poll question during each individual seminar in order to verify participation and receive credit for that individual seminar.
- On-Demand participants must be able to answer one correct question at the conclusion of the webinar to verify participation and receive credit for the Course.
- CCR’s determination as to your participation in a Course is non-reviewable and binding and will be the basis for CCR’s determination for issuing certificates of attendance (including, but not limited to, partial attendance) and for reporting to the NCRA, in the sole, non-reviewable discretion of CCR.
- You must use your Account (or the email associated with your Account) to participate in a Course.
No Warranties; No Liability; Limitations
NEITHER CCR NOR ANY THIRD PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, AVAILABILITY OF CE CREDITS, TITLE, NON-INFRINGEMENT, QUALITY, PERFORMANCE, RESULTS TO BE ATTAINED, OR FITNESS OF A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND AND THAT THE SITE, SERVICES, CONTENT (INCLUDING, WITHOUT LIMITATION, COURSES), AND SOFTWARE AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS SUBJECT TO THESE TERMS AND CONDITIONS, AND THAT YOUR USE OF THE SITE, SERVICES, CONTENT (INCLUDING, WITHOUT LIMITATION, COURSES), AND SOFTWARE IS AT YOUR OWN RISK. CCR MAKES NO WARRANTY THAT ALL ERRORS, FAILURES, OR DEFECTS SHALL BE CORRECTED, OR THAT ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT (INCLUDING, WITHOUT LIMITATION, COURSES) SHALL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
IN NO EVENT WILL CCR OR ANY THIRD PARTY PROVIDING CONTENT, SERVICES OR SOFTWARE TO THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF, OR RELATING TO, USE OF THE SITE, SERVICES, CONTENT (INCLUDING, WITHOUT LIMITATION, COURSES), OR SOFTWARE, IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF FIFTY DOLLARS ($50) OR THE COST OF THE COURSE YOU PURCHASED IN THE MONTH PRIOR TO THE OCCURRENCE OF THE INCIDENT GIVING RISE TO THE FIRST LOSS. IN NO EVENT WILL CCR OR ANY THIRD PARTY PROVIDING CONTENT, SERVICES OR SOFTWARE TO THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOST BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF CCR OR ANY THIRD PARTY PROVIDING SERVICES, CONTENT (INCLUDING, WITHOUT LIMITATION, COURSES), OR SOFTWARE TO THE SITE WAS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold CCR and any third party providing Services, Content or Software to the Site and each of their respective parents, subsidiaries, affiliates, and their respective officers, directors, employees and agents harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of (i) your use of the Site, Services, Content or Software, (ii) the violation of these Terms and Conditions by you, or (iii) the infringement by you of any intellectual property or other right of any person or entity.
Modification of Terms and Conditions
CCR reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms and Conditions at any time by posting such modified versions on the Site. You agree to monitor regularly the Terms and Conditions as they appear on the Site. Should you object to any modifications to the Terms and Conditions or become dissatisfied with the Site, Services or Content in any way, your only recourse is to immediately discontinue use of the Site, Services, and Content and to request that your Account or Administrator Account and Sponsored Group be terminated. If you are a Sponsored Group, CCR will refund any unused portion of your budget to you, so long as you first reallocate the unused portion of the budget to your Administrator Account. For the avoidance of doubt, any portion of the budget that has been used by an SG Participant to register or pay for a course is non-refundable. Your continued use of the Site, Services or Content after the posting of any modified versions shall constitute your agreement to be bound by the modified Terms and Conditions.
You agree that your use of the in the Site, Services and Content is voluntary, personal, non-transferable and subject to your compliance with these Terms and Conditions. CCR may, in its sole discretion, without advance notice, discontinue the Site, Services and the provision of Content. IN NO EVENT SHALL CCR OR ANY THIRD PARTY PROVIDING SERVICES, CONTENT OR SOFTWARE TO THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR TERMINATION OF THE SITE, SERVICES OR PROVISION OF CONTENT; PROVIDED THAT CCR WILL REFUND TO A SPONSORED GROUP ANY UNUSED BUDGET OR THE COST OF ANY UNEXPIRED COURSES THAT HAVE NOT BEEN VIEWED.
You acknowledge and agree that any unauthorized use or disclosure by you of your Account or password, Services, the Site or its Content (including, without limitation, Courses) or any other infringement or violation of CCR’s or other third party’s intellectual property rights, shall cause such party irreparable injury for which such party could not be fully compensated by money damages. You agree that, in the event of such a violation, such party would be entitled to seek and recover (in addition to any other available remedies) preliminary, temporary and permanent injunctive relief without the necessity of posting bond or security, and further that such party would be entitled to recover from you its attorneys' fees and costs incurred in seeking and obtaining such relief.
If you register an Account with us (including, without limitation, an Administrator Account), we will use such information and collect information regarding your use of the Site for purposes of providing Services to you and implementing these Terms and Conditions. If you are an SG Participant, we may collect and provide information regarding your use of the Site to the administrator of the Sponsored Group. In addition, we may collect information on all web pages visitors’ access or visits on an aggregated basis to measure number of visits, average time spent on the Site, pages viewed, etc. CCR uses this information to measure usage and improve the Site. There are times CCR also collects information (via online forms and prompts that you complete) for the purpose of attracting and communicating with customers, vendors and other interested parties and to fulfill your request for information, Courses, Services, etc. While CCR may share such information with its employees, agents, representatives, and business associates, CCR will not sell or provide this information to any third party (excluding the NCRA for purposes of reporting your participation in Courses and excluding your Sponsored Group or in reporting or responding to state and/or national licensing boards and associations regarding your participation in Courses) unless you request that we do so or as required by law. You agree to provide us only with accurate information. If you provide us with information via the Site, it may be tied to the web pages you visit. If you send emails to us or request assistance, we may retain those communications in order to process your inquiries, respond to your request and improve our Services. We may collect device specific information (such as your hardware model, operating system version, browser type, and unique device identifiers). We may associate your device with your Account.
Additionally, CCR may use cookie technology to help personalize your experience on the Site. A cookie is a small file that is sent to your computer by a site's server. A cookie can be a record of your visit to a site, including information such as your time of last visit, web pages viewed, etc. A cookie created by one site's servers can be retrieved only by that site's servers.
Unfortunately, no data transmission over the Internet, nor any data CCR collects or stores, can be guaranteed to be 100% secure. As a result, while CCR strives to protect your personal information, CCR cannot guarantee the security of any information exchanged between us or any information you choose to transmit to the Site or store in your Account. Any decision to store credit card information is voluntary on your part, and is not required by CCR.
The Site may include hyperlinks to web sites owned or operated by unaffiliated third parties. CCR is not responsible for the content or availability of such other web sites, and shall be not responsible or liable for any loss, damage, liability, or expense incurred in connection with use of, or reliance on, such sites.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law provisions. You agree that by accepting these Terms and Conditions and accessing and/or using the Site, Services or Content, you are transacting business in the State of New Jersey, and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms and Conditions or in connection with the Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the State of New Jersey, Bergen County, and you consent to personal jurisdiction and venue in any such court and agree that such courts have exclusive jurisdiction and venue with respect to any and all matters arising, directly or indirectly from your access to and use of the site and/or any matter relating to these Terms and Conditions; provided that CCR may seek temporary, preliminary and permanent injunctive relief or other equitable remedies in any court having jurisdiction over you and further provided that we may enforce an order or judgment of a State or Federal Court of New Jersey (including any appellate courts in any other court having jurisdiction over you). In the event it is held that jurisdiction or venue is lacking in the courts of the State of New Jersey, Bergen County, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules.
Feedback About Our Website
CCR welcomes receiving feedback about the Site, Services and Content. Please send us your comments via email to email@example.com. The content of any comments, suggestions, questions, information, and feedback received by CCR shall be deemed non-confidential. Any comments or materials sent to CCR through the Site, including all feedback, questions, comments, and suggestions shall become the sole property of CCR and CCR may use any such feedback for any and all purposes without any compensation to you.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any cause of action by you regarding these Terms and Conditions or your use of the Site, Services, Content, or Software must be brought within one year of when the alleged incident or breach occurred. The failure to timely bring any such claim shall constitute a bar to asserting such claim. The section titles in these Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance.
CCR claims a copyright to Services, Content and Software on this Site. You may use the Services, Content and Software only for personal informational purposes. If you wish to use Services, Content and Software for any other purposes, you must have the express written consent of CCR to do so. All rights reserved. Copyright 2017.