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Terms - Engineer PDH Online Continuing Education System

Online Continuing Education For Engineer PDH

Online PDH continuing education engineer ideas Engineer, surveyor, architect, and others, welcome to CEU Leaf. CEU Leaf, LLC ('we', 'us', 'our', or 'Company') presents the following Terms of Use ('Terms') governing the use of CeuLeaf.com online continuing education system (the 'Site'). Our Site has been established to provide continuing educational content and certificates of participation to professionals ('Service'). The PDH Service may also include auxiliary features, which are deemed desirable to anyone who uses the Site ('User', or 'you'). This Service does not prepare someone for employment. These Terms, which include Our Privacy Policy and refund policy ('Guarantee'), and any other policies or guidelines that may be applicable to any particular offer on the Site ('Extra Terms') are hereby incorporated by reference into these Terms.

By using our Site, you explicitly agree to be bound by these Terms and the laws that govern the Site. You also expressly agree to follow these Terms and any other Extra Terms. To the extent that there is an applicable conflict between these Terms and the Extra Terms, the language in the Extra Terms shall govern.

The Terms shall remain in full force and effect for the period in which you are a user of the Site. In the event where you elect to no longer be a user of the Site, you will remain bound by your obligations under the Terms, including any warranties, limitations of liability, and indemnifications.

PDH Site Modifications

We reserve the right to change any language, condition, or intent of these Terms, at any time. We may also, at any time, modify the continuing education Site or Service in any way, including, without limitation, the discontinuation of any or all Services. These modifications include the elimination of any offer, feature, or course. At any time, we may also add, modify, or discontinue any fees or charges for the use of the Site or Service.

Modifications that are made shall take effect immediately upon notice. Notice is deemed given by any means including, without limitation, posting a revised version of these Terms on the Site. You can determine when the Terms were last modified by periodically reviewing the 'Date Updated:' field at the bottom of the page modified. The use of the Site or Service after notice constitutes your acceptance of the changes. Please review the Terms often to ensure your familiarity.

Age and Agreement

Engineer, and others; by virtue of your use, or attempted use, of the Site you are hereby certifying that you are at least eighteen (18) years of age, or, if under the age of 18, you have the consent of your legal parent or guardian, who is at least 18 years of age, to use the Site. If these requirements are not met, please discontinue use of the Site right away. Furthermore, if you do not agree to all of the terms and conditions contained in the Terms, you shall discontinue use of the Site immediately.

License to Use the PDH Site

We exclusively own all the information contained on or through the Site. This material includes any databases, images, logos, links, icons, photographs, audio files, video files, illustrations, graphics, text, data, signature images, and designs. The Site is protected under United States and international laws, including but not limited to, copyright and trademark laws. By using the Site, you acknowledge the validity of these laws and that these laws are fully enforceable. You also agree that you do not have any ownership rights by virtue of your use of the Site.

We hereby grant you a limited license to use the Site under the following conditions:

  • Use is subject to the Terms;
  • You (engineer, and all) will not modify or publically display the Site materials;
  • You will not distribute, reproduce, or create derivative works;
  • You will not attempt to circumvent any technological safeguards that limit access to the Site and/or its materials, whether done by virtue of a manual or automatic process;
  • The license is personal and for personal use;
  • The license is non-transferable;
  • The license is not exclusive; and,
  • The license is not for resale or distribution.

You further agree not to allow or encourage others to violate any Term conditions.

Furthermore, if you have purchased a course or have been granted access to a course through an authorized Company promotion or coupon, you may download and/or print one (1) copy of the accompanying material relating to said course under the following conditions:

  • You were granted legitimate and authorized access to the course and its materials;
  • You use the materials solely for your personal, non-commercial use;
  • You retain all copyright and other proprietary notices contained on the materials; and,
  • You accept that we cannot guarantee that no technical difficulties will occur during any downloads or that the materials will be downloaded successfully.

Other than this limited license granted to you, we retain all other rights relating to the Site. These include the title and any intellectual property rights. Furthermore, the Site and its contents or components are protected by the relevant copyright laws for the United States, and internationally by virtue of any applicable treaties.

The logos and trademarks (collectively 'Marks') are our registered and unregistered trademarks or the marks associated with an affiliated company or individual. Our Marks may not be used in any way without our prior written consent. Our Marks may not be used in any manor that denigrates us. Furthermore, no material on the Site may be construed to grant the User to use any portion of our content, whether a Mark, a course, or otherwise, in any way that is not expressly outlined in the Terms.

Other Online PDH System Limitations

You are obligated to comply with any applicable law when you use the Site. You will further agree not to rent or lease your access to the Site for any reason, or to encourage others to violate the Terms. You also agree not to promote any activity that violates the Terms.

Continuing Education User Registration

There is some content on the Site that can be viewed without the need to register but some material requires that you register with us. To register, a User must provide an email address and may need to provide other personal information. You agree to provide us with accurate, complete, and current information. You further agree to maintain the accuracy of the information provided.

You shall not use any user name that may be perceived as offensive, vulgar, or obscene. You shall not use any identifying information or user name of another person or entity with the intention to impersonate that individual or entity. We reserve the right to revoke any access to the Site, to disallow a user name or email address, and to remove any content that we deem potentially offensive, vulgar, or obscene.

You agree to refrain from using another Users account without their express consent and you will notify us of any unauthorized access to your account. You shall keep confidential your user name and password. You further accept responsibility for maintaining the confidentiality of your user name and password. You hold us harmless and not liable for any breach of the confidentiality relating to your user name, password, or other information. If you are concerned about a security violation, you shall immediately modify your password online and then send us a note via theContact Us page.

PDH Site Conduct Code

By virtue of using the Site, any User of the Site agrees that they will not:

  • Use the Site and related materials for non-personal use;
  • Use the Site for any unlawful endeavor;
  • Transmit any harmful content, including, but not limited to viruses, Trojan horses, worms, bombs, or any other disruptive material;
  • Impersonate any individual or entity;
  • Use any robot or spider or other method, whether manual or automatic, to index or otherwise gather any information from our Site. Notwithstanding the foregoing, we hereby grant public search engine providers (e.g. Google, Yahoo, Bing, etc. collectively 'Search Providers') to gather information for the sole purpose of making our site content available through their search engines. However, these Search Providers may not archive or cache our materials. We may selectively revoke any of these permissions;
  • Gather any information about the Site visitors without their consent;
  • Perpetrate or encourage others to perpetrate a denial of service attack or take other actions that will impair our ability to deliver Service to our Users;
  • Spam;
  • Reverse engineer, decompile, or otherwise translate our Site;
  • Remove any proprietary markings, including, but not limited to copyrights and trademarks;
  • Submit or transmit any offensive, abusive, or vulgar information;
  • Claim or imply that we endorse any action or statement by you without our prior written approval;
  • Submit or transmit content that was not created by you unless you have prior authorization to do so by the author and/or owner of the information;
  • Claim authorship of material not created by you;
  • Violate any laws in conjunction with the usage of the Site; and,
  • Infringe on any copyright or trademark.

PDH Course Purchases

We consider each purchase on the Site a 'Transaction'. If you elect to make a purchase on the Site you recognize that you will need to provide some applicable information to consummate the Transaction, including, without limitation, credit card information. You agree that the information you provide is complete and accurate. You acknowledge that our use of this information is outlined in the Privacy Policy. You agree to pay all applicable charges associated with your purchase, which may include taxes relating to the Transaction.

Site service purchases consist of CEU Leaf, LLC original material and may include, but not limited to, handouts, quizzes, certificates, and/or other original art. Any material that accompanies a course that is available to the public shall not be considered to be part of the transaction.

Continuing Education Purchasing Process

When you decide to purchase an item from our Site (each purchase is a 'Transaction'), you must provide information applicable to your order, including, without limitation, credit card information. These Transactions are governed by our policies and you recognize that our use of this information is outlined in our Privacy Policy. You agree that all the information you provide is accurate and complete. You recognize that fees may be applied to your account for services requested from the Site, applicable taxes, or credit card fees.

You further agree to pay all charges relating to purchases by you or any user of your account, which include the service price, credit card fees, and/or any relevant taxes. You acknowledge that it is your responsibility to comply with any law or regulation and YOU AGREE TO NOT HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY REGULATION OR LAW AND YOU ACKNOWLEDGE THAT IT IS NOT OUR RESPONSIBILTY TO NOTIFY YOU OF, OR PROPERLY APPY, ANY LAW, REGULATION, OR POLICY.

You warrant that the information you provide to us on the Site is complete and accurate, including, but not limited to, your name, email address, credit card information, and any other identifying information and that this information applies to you. You agree to not attempt to disguise your identity by any means, including, but not limited to, falsifying your name, address, or Internet protocol address.

Engineer (et al.) Coupons and Promotions

The Site may accept coupons from time to time or offer special promotions. We reserve the right, without prior notification, to honor, or impose conditions on the honoring of, any coupon code, promotional code, or promotion; to ban any User from making any Transaction; to bar any User from participating in any Promotion; to apply conditions to the availability of any Site content; and/or to refuse to provide service to any User. The price and availability of any product or service are subject to change without notice and refunds or exchanges will be subject to our Guarantee, which is then in effect.

Special PDH Promotions

From time to time, we may offer special promotions that apply Users. These promotions may be in the form of rewards, reward points, contests, sweepstakes, games, or other similar promotions ('Promotions'). These Promotions may have additional guidelines and/or rules. By virtue of your participation in the Promotions you are agreeing to abide by these additional terms.

Online Guarantee

We have strived to provide a high-quality and high-value online continuing educational experience. If a User correctly chooses topics that are relevant for their licensure, we are confident that the licensure’s governing body will accept our Service.

Therefore, we agree to reimburse a User for the price paid for a class under the following conditions:

  • The User, in good faith, submitted the course to the relevant governing body or bodies (if submitted for credit for multiple licenses) (collectively, the 'Board) and the said Board disallowed the training in all instances (the 'Denial'). Note, for example, if a User received credit for the course in one state but was denied credit in another, the Guarantee does not apply because the User did received value for the training experience;
  • The User must have submitted the course on time during the most recent licensure renewal period for the Denial in question;
  • The User must notify us within ninety (90) days of the end of the renewal period resulting in the Denial;
  • The course topic must be generally accepted by the body responsible for the Denial; and,
  • The Denial did not occur in a state where pre-approval is required, unless we explicitly represented that we were certified in that state for the discipline and course resulting in the Denial.

The User notification shall be in writing and mailed to us at PO Box 309, Canfield, OH 44406, Attn: Refunds. This notification should include details about you and the Denial, including, your name, address, phone number, email address, course name, date taken, date submitted, date denied, and other documentation so we may reasonably confirm the Denial complied with the terms in this section.

Information We Provide

We have added reference information to our Site in an effort to make it convenient for Users. We do NOT WARRANT that this information is accurate, grammatically correct, or current. We attempt to update this material given our limited resources but this information is subject to frequent changes. Therefore, certain sections may not be up to date, accurate, or complete. If you recognize any errors, please send us a note via our Contact-US page in which you outline the page that contains the error and the needed modifications.

User Submitted Content

The Site enables Users to submit content, including, but not limited to, images, audio recordings, video recordings, photographs, artwork, text, ideas, suggestions, comments, concepts, graphics, opinions, ratings, advice, offers, slides, services, courses, biographies, resumes, or other works and materials (collectively, 'User Content'). We do not endorse this User Content and any opinions, statements, advice, comments, offers, or other User Content are those of the content producers, authors, and/or originators and not of CEU Leaf, LLC or its members, directors, or employees. If we enter into a specific, and separate agreement, with you with regards to the submission of all, or a portion of, the User Content, you hereby agree to abide by the terms of that separate agreement ('Separate Terms') and these Terms. To the extent that there is an applicable conflict between the Separate Terms and these Terms, the language in the Terms shall govern.

By transmitting or supplying this User Content to us in any format and through any channel, you are granting us a worldwide, perpetual, unlimited, non-exclusive, transferable, sub-licensable, royalty-free, assignable, fully paid (if applicable), irrevocable right and license to use, distribute, reproduce, create derivative works of, digitally display, store, print, publish in any medium, sell, offer for sale, import, export, and commercialize User Content, or any portion thereof, in any way, whether now known or hereinafter discovered, without limitation and without any compensation or acknowledgement to you or any other third party. By supplying User Content, you hereby warrant that, (i) you own all the rights and interests in the User Content, and (ii) the use of the User Content including, but not limited to, the posting and public display of the material, does not now, or will not in the future, violate any copyrights, trademarks, contractual rights, or any other rights of any entity or person. If we, at our sole discretion, elect to acknowledge your affiliation with the User Content, you hereby grant us the right to use your name with respect to the User Content and waive any claims, including, without limitation, privacy or publicity claims.

Furthermore, you hereby acknowledge that we:

  • Are under no obligation to post, display, or use any User Content in any way; and,
  • Are under no obligation to compensate you for the User Content by virtue of a royalty or other amounts of revenue, except as explicitly outlined in the Separate Terms.

You hereby agree not to participate in, to initiate, support, or authorize any action or lawsuit against us or our owners, members, directors, employees, affiliates, and/or licensors, or any other person, on the grounds that the use of the User Content, or any derivative works thereof, infringe any of your rights as a creator of the User Content, including, without limitation, copyrights, trademarks, publicity, privacy rights, and moral rights.

Your submission of the User Content constitutes your certification that you are eighteen (18) years of age. You shall be solely responsible for your submitted User Content and the consequences of their publication. You further affirm and warrant that you own all the rights to the User Content and, if applicable, you have the required licenses, rights, and consents under any applicable law or regulation.

External Links

The Site may use links to external content, which may or may not be directly controlled by us. You recognize that we have not evaluated all the content on these sites and the content of these pages are outside our control and that we do not promote or endorse this material in any way. These links may have been established a courtesy to our Users and you agree that we are not liable, directly or indirectly, for damages associated with these links, the applications, or the software affiliated with external content. You agree not to rely on these links or the affiliated material/software in any way.

YOU AGREE THAT YOU ARE USING THE INTERNET AND ANY ENCOUNTERED INFORMATION AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR LIABILITY FOR YOUR USE OF THE INTERNET.

Law or Regulations

Information, including, but not limited to, state regulatory requirements for professional licensure, is provided by our Site as a reference only. You agree not to rely on this information. You further agree to be solely responsible for complying with any law, regulation, and policy. YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW, REGULATION, OR POLICY. YOU ALSO AGREE NOT TO HOLD US LIABLE FOR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPY, ANY LAW, REGULATION, OR POLICY. YOU ACKNOWLEDGE THAT WE WILL COMPLY WITH LAW ENFORCEMENT AND REGULATORY BODIES AND THAT WE MAY FURNISH THEM WITH ANY INFORMATION YOU SUBMIT TO US SO THAT THEY CAN CONDUCT THEIR INVESTIGATION OR PROSECUTION. You grant us permission to submit any information you provide to us to third parties for the facilitation of any Transaction. You further warrant that all information you provide, including, but not limited to, information concerning your identity, address, and credit card number, are accurate and complete. You also warrant that the credit card used in any Transaction belongs to you. If the credit card is not yours, you warrant that it belongs to a family member or friend that has expressly authorized Your use of the credit card for the purpose of using the Site.

You agree not to attempt to conceal your identity in any way, including, but not limited to, falsifying your personal information or using alternate Internet protocol ('IP') addresses.

Copyright Issues

The following relates to the Digital Millennium Copyright Act (the 'DA') and its provisions that allow someone who believes that material posted on the Internet infringes their rights. If you think that your material has been infringed by virtue of its appearance on the Site, you or your agent may send us a notice to Intellectual Property Officer, CEU Leaf, LLC, PO Box 309, Canfield, OH 44406, with a copy to our Contact-US page. These notices shall include:

  • A signature, physical or electronic, of the owner of alleged infringed material or a person authorized to act on behalf of the owner;
  • Identification of the copyrighted material, including a web address ('URL') which points to the other use of the material, and/or a photocopy of the copyrighted material;
  • Identification of the Site URL that is claimed to be infringing so that we can reasonably evaluate the content;
  • A clear outline the alleged infringement(s);
  • A good faith statement by the owner or the representative that they truly believe that an infringement has occurred;
  • The name, address, phone number, and email address of the complainant; and,
  • A statement, under penalty of perjury, that the information included in the notice is accurate and that the complaining party has the exclusive right to act on behalf of the owner of the rights that allegedly being infringed.

Since there may be penalties associated with false claims, we encourage you to seek legal council prior to filing a notice. Notices and counter notices must meet the then current DA statutory requirements.

Termination of Terms

We reserve the right to terminate these Terms or your access to the Site, at any time and for any reason, without notice. However, these Terms shall remain in effect until terminated in accordance with its terms. You agree to these conditions and renounce any future access to all related information. You also agree to allow us to delete your access to information on the Site, including, but not limited to, erasing passwords and files. You further agree that we are not liable for any such termination and that you renounce future access to the information relating to the termination.

Online Privacy

Your personal privacy is very important to us. The terms here are subject to our Privacy Policy, which is herby incorporated by reference. We collect a variety of User information during the course of offering services on the Site and we may enable Users to so submit information to us or to post information on the Site. Your use of the Site constitutes your acknowledgement and agreement that all the information that you submit, including name, email address, images, videos, graphics, photographs, comments, text, descriptions, and slides will be publicly available to third parties. You further recognize that we do not have control over how third parties use information and you agree to hold us harmless. You also agree to 'Opt-In' to any email or direct mail campaigns by agreeing to these terms.

Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE, THE MATERIALS ON THE SITE, AND THE SERVICES YOU OBTAINED THROUGH THE SITE ARE PROVIDE 'AS IS', 'AS AVAILABLE', AND WITHOUT WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESSED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SITE, THE MATERIALS ON THE SITE, AND ANY SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM THE COURSE OF PERFORMANCE OR USAGE OF TRADE OR DEALING. YOUR RELIANCE ON THE SITE IS ENTIRELY AT YOUR SOLE RISK AND WE DO NOT GUARANTEE OR WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE.

WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE WITHOUT DISRUPTION OR ERRORS OR THAT THE SITE IS SECURE. NOR DO WE WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT DAMAGING ELEMENTS, SUCH AS VIRUSES, DO NOT EXIST ON THE SITE OR SERVERS HOSTING THE SITE. NO COMPANY INFORMATION, WHETHER ORAL OR WRITTEN, CONTAINED ON THE SITE OR ELSEWHERE, SHALL CREATE ANY WARRANTY. WE DO NOT WARRANT, ENDORSE, OR GUARANTEE ANY ASPECT OF THE SITE, PRODUCT, OR SERVICE. NOR DO WE WARRANT OR ENDORSE ANY INTERNET CONTENT, WHICH IS DIRECTLY, OR INDIRECTLY LINKED TO THE SITE. YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK.

There may be some exclusions dealing with implied warranties that may not be permitted by applicable law and therefore, not apply to you. Furthermore, the Site may contain inaccuracies, mistakes, or defects that may violate these Terms. While we strive to maintain the Site reliability, some modifications may be made by both authorize and unauthorized third parties. If there is an issue that you feel should be brought to our attention, please reach us at our Contact-US page and include a detailed description of the perceived issue, its location, and any supplementary material you deem relevant.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CEU LEAF, LLC NOR ANY OF OUR AFFILIATES, MEMBERS, LICENSORS, SPONSORS, OR ADVERTISERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS, OR OTHER AGENTS ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF BUSINESS, LOST PROFITS, LOSS OF USE, OR GOODWILL). WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND, (II) ANY FAILURE OF A USER TO CONFORM TO THE CONDUCT CODE ABOVE, (III) ANY UNAUTHORIZED ACCESS TO THE SITE AND OUR SERVERS, (IV) ANY UNAUTHORIZED ACCESS TO PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY DISRUPTION IN SERVICE OR AVAILABILITY OF THE SITE, AND/OR (VI) ANY INACCURACIES, OMISSIONS, OR DEFECTS RELATING TO THE SITE, OF ANY KIND.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT OUR MAXIMUM LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Since some jurisdictions prohibit the exclusion or limitation of incidental or consequential damages, the above limitation or exclusion may not apply to you.

Indemnity

You hereby agree to indemnify and hold CEU Leaf, LLC, its licensors, suppliers, affiliates, members, directors, officers, agents, sponsors, consultants, representatives, and employees harmless from all claims, costs (including attorneys’ fees), losses, damages, and other expenses that arise, whether directly or indirectly, from (i) your breach of these Terms and/or Conduct Code; (ii) any claim that any Site materials, including User Content, which is sent to the Site infringes or breaches third party intellectual property, included, but not limited to, trade secrets, copyrights, or trademarks; and/or (iii) your use of the Site.

Dispute Resolution

A) Negotiation. In the event of any dispute or disagreement between you and CEU Leaf, LLC, or any of its members, directors, officers, or employees (collectively 'CEU'), the matter, upon written request of either party, shall be referred to the representatives of the parties for decision. These representatives shall meet in a good faith effort to resolve the issue, whether in person, phone, teleconference, or other reasonably agreeable method. If the representatives cannot agree upon a decision within 45 calendar days after written notice has been received, then each party shall be free to exercise the remedies available in part (B) Arbitration, immediately below in this section.

B) Arbitration. In the event that there are any controversies, disputes, or claims between you and CEU that cannot be resolved by part (A) Negotiation, immediately above in this section, the issue shall be settled by arbitration in Mahoning County, Ohio. The said arbitration shall be administered by the Center for Public Resources Institute for Dispute Resolutions (hereafter 'CPR') in accordance with its then prevailing Rules for Non-Administered Arbitration of Business Disputes (except as otherwise provided herein) (the 'CPR Rules'), by one independent and impartial arbitrator mutually agreed upon by the parties. If the parties cannot agree upon an impartial arbitrator, an independent and impartial arbitrator selected in accordance with the CPR Rules will be chosen. The fees and expenses of the CPR and the arbitrator shall be shared equally by the parties and advanced by them from time to time as required; PROVIDED THAT at the conclusion of the arbitration, the arbitrator shall award costs, expenses (including the costs of the arbitration previously advanced and the fees and expenses of attorneys, accountants and other experts) and interest to the prevailing party. The arbitrator shall permit and facilitate such discovery, as they shall determine appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost effective. The parties shall keep confidential any proprietary information, trade secrets or other non-public information disclosed in discovery. The arbitrator shall render his award within 90 days of the conclusion of the arbitration hearing. The arbitrator shall be expressly empowered to award to either party an consequential damages, lost profits or punitive damages in connection with any dispute between them arising out of or relating in any way to this Agreement or the other agreements contemplated hereby or the transactions arising hereunder or thereunder, and each party hereby irrevocably waives any objection to the recovery by the other party hereto of such damages.

C) Notwithstanding the foregoing and without prejudice to the above procedures, either party may bring an individual (not class) action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CEU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

D) Any party who intends to enter either negotiations or arbitration must first send to the other, by certified mail, a written Notice of Dispute (the 'Notice'). The Notice to CEU should be addressed to PO Box 309, Canfield, OH 44406 to the attention of the Legal Officer. The Notice must (i) describe the nature of the claim and outline the basis; and (ii) define the specific relief wanted.

E) You may be required to pay a filing fee to initiate arbitration. You can review the process and fees and/or initiate arbitration at: CPRADR.org

F) Jurisdiction. Each of the parties submits to the jurisdiction of the Federal District Court in the Northern District of Ohio in Mahoning County in any action or proceeding arising out of or relating to this Agreement and agrees that, subject to this Dispute Resolution section, all claims in respect of the section or proceeding may be heard and determined in any such court. Each party also agrees, subject to the Negotiation and Arbitration provisions above, not to bring any action or proceeding arising out of or relating to this Agreement in any other court. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety or other security that might be required of any other party with respect thereto. Nothing in this section, however, shall affect the right of any party to serve legal process in any other manner permitted by law or at equity. Each party agrees that a final judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law or at equity.

G) YOU AND CEU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY. THEREFORE, NEITHER PARTY MAY BE A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You and CEU further agree that unless all parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

H) If any portion of this Agreement is found to be invalid or unenforceable by an authority of competent jurisdiction, then the specific part or parts shall be of no force and effect but the remainder of this Agreement shall survive in full force. Any or all limitations set forth in this Agreement may be waived by the part against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement.

Descriptive Headings

The descriptive headings of this Agreement are inserted for convenience only and do not constitute a substantive part of this Agreement. Whenever required by the context, any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa.

No Exportation

This Site and all materials associated with this Site are subject to the United States export regulations and controls. No material from this Site, including, without limitation, software, databases, audio, video, images, text, graphics, logos, attachments, and any other associated material, may be downloaded or otherwise exported outside the United States unless being accessed by a User who holds a professional license in the United States and the said User is accessing the Site for the sole purpose of maintaining their continuing education requirements for that U.S. license.

Date Updated: February 7, 2014