TERMS and CONDITIONS OF USE

These Terms of Use (“Terms”) provide important information about ordering services from FCPA. (“FCPA ”), through any of FCPA ’s application-based services (the “Services”), so you should take the time to read and understand them. You may review, save or print any part of these Terms. We encourage you to print out a copy of this entire document and refer to it as you use the Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PURCHASING THE SERVICES.  YOUR USE OF ANY OF THE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT BETWEEN FCPA AND YOU (“YOU”). YOU MUST ACCEPT THESE TERMS IF YOU WISH TO USE ANY OF THE SERVICES.
FCPA ’S ACCEPTANCE OF YOUR USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THE TERMS ARE CONSIDERED AN OFFER BY FCPA , ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.   IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY FCPA . IF AT ANY TIME, YOU DISAGREE WITH THE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF ANY SERVICES.

 

1.     Binding contract.  You agree, by accessing and/or using the Services, that this is a binding contract and that You will abide by the Terms.  FCPA reserves the right to amend the Terms at its sole discretion without notice to You. FCPA will exercise reasonable efforts to post a notice at www.onlinelearninghost.com any time the Terms have been amended.  However, You agree that it is solely your responsibility to review the Terms periodically and that You will immediately cease use of the Site and the Service if, at any time, You find the Terms unacceptable.  You agree that, by continuing to use or access the Services following notice of any revision, You have consented to and will abide by any such revision.  BY ACCESSING AND USING THE SITE AND/ OR THE SERVICE, YOU AGREE AND AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT AND ANY AGREEMENTS REQUIRED IN CONNECTION WITH YOUR USE OF THE SERVICE AND/ OR SITE. 

 

2.     Your Account and Use of the Services. Access to the Services may require a username and password. Access to these sites by You requires a secure link accessible only from behind your corporate firewall. You are solely responsible for all control, management, dissemination of, and creation of new usernames and passwords.  Any access to the Services via such username and password or secure link is deemed by FCPA to be done with your authorization and You agree to be responsible for all activities that occur under your user names and passwords including, but not limited to, any orders placed for services, any access that is provided to billing information and any security breaches. You agree not to share your username and password with anyone. Furthermore, You agree that You will exit from your account at the end of each session. You agree not to (a) access (or attempt to access) the administrative interface of the Services by any means other than through the interface that is provided by FCPA in connection with the Services, unless you have been specifically allowed to do so in a separate agreement with FCPA , or (b) engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

As the user of Services, you must be aware of the posted expirations dates and specified completion deadlines to ensure your submissions meet all time requirements and allow ample time for processing.

 

3.     Ownership. Any and all intellectual property rights ("Intellectual Property") associated with or available through the Services (the "Content") are the sole property of FCPA , its affiliates or third parties.   The Content is protected by copyright and other laws in both the United States and other countries.  Elements of the Services are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part.  All custom graphics, icons, and other items that appear on the Services are trademarks, service marks or trade dress ("Marks") of FCPA , its affiliates or other entities that have granted FCPA the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of FCPA .   Except as otherwise expressly authorized by these Terms, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of Services in any way without FCPA 's prior written permission.  Except as expressly provided herein, FCPA does not grant to You any express or implied rights to FCPA 's or any third party's Intellectual Property.

 

4.     License.  FCPA grants You a limited, personal, nontransferable, non-sublicensable, revocable license to (a) access and use the Services only in the manner presented by FCPA , and (b) access and use the FCPA computer and network services offered with the Services which you purchase (the "FCPA Systems") only in the manner expressly permitted by FCPA .  Except for this limited license, FCPA does not convey any interest in or to the FCPA Systems, information or data available via the FCPA Systems (the "Information"), Content, Services or any other FCPA property by permitting You to access the Services.  Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of FCPA .  You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by FCPA .

 

5.     Availability of the Services. While FCPA will make all reasonable efforts to ensure that the Services are available at all times, FCPA does not guarantee, represent or warrant that your access to any of the Services will be uninterrupted or error-free. In addition, while FCPA makes reasonable efforts to ensure that all Content and/or information submitted by you to FCPA will be secure, FCPA does not guarantee that the Services will be free from loss, corruption, attack, viruses, “worms”, “trojan horses” or other harmful components, or from interference, hacking or other security intrusions. You should be sure to back up your own system periodically to ensure that all Content is available to you in the event of any loss or damage.  In order to ensure the highest quality service for all users of the Services, You agree that FCPA or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Services.

a.       Modification or Termination. FCPA may, in its sole discretion, at any time and without prior notice: (i) modify the Services; and (ii) change, suspend or discontinue any of the Services at any time.  FCPA may also impose limits on the use of or access to certain features or portions of the Services, in its sole discretion and without notice or liability.

b.       Software Updates.  The software associated with and made available through the Services may automatically download and install updates from time to time from FCPA . These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit FCPA to deliver these to you) as part of your use of the Service.

 

6.     User Supplied Information.  To use the Services, FCPA may require the submission of information from You, including without limitation, license numbers, contact information, photos and other personal and professional information. This information is necessary and required by various state boards, university sponsors and continuing education tracking systems for the expressed purpose of authenticating course completions and issuing continuing education credits. You agree that any material, information, photos, videos, recordings or other data You transmit to us as part of the Services (each a "Submission" or collectively "Submissions") will be considered non confidential and non-proprietary. You agree to provide FCPA permission to access to all of your device capabilities, including without limitation, storage, contacts, photograph storage and taking, video storage and taking, microphone and messages. For all Submissions and information You provide to FCPA , (1) You guarantee to us that You have the legal right to make the Submission and that it will not violate any law or the rights of any person or entity, and (2) You give FCPA the royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide right to use, distribute, copy, modify, transmit, sell, exploit, distribute, and/or publicly perform or display and create derivative works from the Submission, in any and all media, in any manner or medium (whether now known or hereinafter developed), in whole or in part, without any restriction or responsibilities to You.  The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Services or any information related thereto, including content submitted by You, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.  By agreeing to this Terms of Use, You agree and acknowledge that (i) all information supplied by you to FCPA is either original to you, (ii) FCPA may utilize the information you supply, in whole or in part, in any manner in connection with the Services, (iii) any modifications or improvements made to the Services or Site as a result of your feedback are owned and controlled solely by FCPA , (iv) you have no right, title or interest in or to the Site as a result of sharing your feedback. Do not submit any confidential, proprietary or personal information through the "Email Us" function. 

You consent that FCPA retains the privilege to supply your personal information to instructors, sponsoring university or college, state licensing authority, FCPA advertisers, and any law enforcement agency.

 

7.     Restrictions on use of the Services. There are rules and standards that you must abide by in connection with your use of the Services. As a user of any of the Services, you agree to comply with the guidelines set forth in these Terms, and you acknowledge that FCPA has the right to enforce those guidelines as it deems appropriate in its sole discretion. To satisfactorily complete a module of continuing education, 50 minutes per hour must be spent reviewing material content in whatever distant learning format is indicated for that course and challenge questions and posttests must be completed with a 75% passing grade for a total of 60 minutes per module.  If a passing grade is less than 75%, the module must be retaken. As a user of any of the Services, you agree to comply with all other guidelines set forth in these Terms, and you acknowledge that FCPA has the right to enforce those guidelines as it deems appropriate in its sole discretion.  This means that if you, or anyone using your account or identifying information, violate these Terms, FCPA may take any and all actions -- from the issuance of a warning to terminating your right to use the Services to cancellation of your order for any additional Services and involvement of the appropriate authorities -- that FCPA deems necessary or appropriate. FCPA may not be required to provide notice prior to terminating your right to use the Services for violating these Terms, but it may choose to do so (subject to applicable local U.S. and non-U.S. law).

a.     Prohibited activity.  In accessing and/ or using the Services, You are expressly prohibited from violating or attempting to violate any FCPA security features of any type whatsoever, including, without limitation, (a) accessing content or data not intended for You, (b) or logging onto a server or account that You are not authorized to access, (c) attempting to breach the security or authentication measures of the Services without proper and prior authorization, (d) attempting to probe, scan or test the vulnerability of the Services, or any associated system or network, or, (e) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing” or “crashing,” (f) using the Services to send unsolicited correspondence, including, without limitation, promotions or advertisements for products or services (excluding vehicle advertisements provided in accordance with these Terms), (g) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Services, or (h) attempting modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by FCPA in providing the Services. Any violation of system or network security may subject You to civil and/or criminal liability.

b.     Cooperation with authorities. FCPA reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas, in connection with the Services and/or any information or Content submitted by you to FCPA in connection with your use of the Services and/or any order you may place for any Services. If FCPA decides to investigate or resolve possible misuse involving you or any information or any Content you submit to FCPA with respect to your use of the Services, FCPA may (subject to applicable local U.S. or non-U.S. law) disclose any information about You and any such information, including the content, to law enforcement or other government officials, as FCPA , in its sole discretion, believes to be necessary or appropriate.

 

8.     DISCLAIMER OF ALL WARRANTIES. FCPA PROVIDES THE SERVICES ON AN "AS IS," AS AVAILABLE, BASIS. THE MATERIAL PRESENTED IS NOT THE OPINION OF FCPA OR ITS SPONSORS, THE MATERIAL PRESENTED IS NOT NECESSARILY THE ONLY INFORMATION AVAILABLE ON THAT SUBJECT AS THERE MAY BE OTHER INFORMATION AND TREATMENTS AVAILBALE.  ADDITIONALLY FCPA SERVICES ARE PROVIDED ‘AS IS’ WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ALSO, THERE IS NO WARRANTY OF LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. THE ENTIRE RISK ARISING OUT OF THE USE, QUALITY, ACCURACY, EFFORT, OR PERFORMANCE OF THE SERVICES IS WITH YOU. IN ADDITION, FCPA DOES NOT WARRANT THE SECURITY OF THE SERVICES OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE THROUGH IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK. FCPA IN ITS DISCRETION MAY PROVIDE SUPPORT FOR THE SERVICES.

 

9.     Limitation of Liability. IN NO EVENT WILL FCPA BE LIABLE TO ANY PARTY FOR (i) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE SERVICES, PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE SERVICES OR YOUR USE AND RELIANCE ON INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE SERVICES, EVEN IF FCPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES AND ITS CONTENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, FCPA 'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

10.  All funds paid to FCPA are non-refundable.  FCPA may require payment of a fee for all or part of the Services offered to You, and all payments made to FCPA for the Services are non-refundable in their entirety.  FCPA has no obligation to reimburse You for any payments made for the Services.  You will be required to confirm the purchase of any service and the associated fee before your credit card is charged. Once your card has been charged, however, FCPA will not make any refund for amounts paid for the Services.

 

11.                  Third Party Content. The Site and Application may contain links to independent third party websites or other applications ("Third Party Sites"). Third Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third Party Sites.

 

12.  Dispute Resolution.  FCPA has a two-step process for the resolution of any disputes, concerns, complaints or claims You may have regarding FCPA , the Services or in connection with any purchase You make using any of the Services (“Dispute”).  In the event of any Dispute of any kind whatsoever, You agree, as your sole and exclusive remedy, to resolve that Dispute through the following two-step process: 

a.     Step 1: Discussion.  FCPA believes that the most effective way to resolve any Dispute is through direct discussions with FCPA . It is FCPA ’s express purpose to assist You in every way possible to obtain the educational benefits You purchase.  Therefore, You agree to notify FCPA of any Dispute by contacting our customer call center to report the problem. The customer call center can be reached at 813-833-8521.  You agree to work directly with FCPA ’s call center representatives in good faith to resolve the Dispute.  If You are unable to reach an amicable resolution of the Dispute within 10 days after making your initial call to the customer call center, You may proceed to arbitration as described in Step 2, below.

b.     Step 2: Arbitration. Any Dispute which cannot be resolved by Step 1, as outlined above, will be determined exclusively by arbitration before one arbitrator in accordance with these Terms.  FCPA requires, and You agree, that any arbitration conducted hereunder will be administered by and governed by the American Arbitration Association (“AAA”), a leading national provider of dispute resolution services. The venue for any arbitration will be in Pasco County, Florida, or the closest available location thereto, pursuant to AAA Arbitration Rules and Procedures. The arbitrator may, in his or her award, allocate all or part of the costs of the arbitration, including arbitration fees and reasonable attorney fees of the prevailing party. Judgment on the award of the arbitrator may be entered in and enforced by any court of competent jurisdiction.  YOU EXPRESSLY AGREE THAT ANY AND ALL DISPUTES RELATING TO THE ENFORCEMENT, BREACH, TERMINATION, SCOPE OR VALIDITY OF THE TERMS SHALL BE SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS.  Any arbitration conducted in accordance with the Terms shall be governed exclusively by the Federal Arbitration Act.

      

13.   User Responsibility.

 

It is the responsibility of the user, You, to know the governing rules and laws of your state licensing authority.  You will be responsible for providing accurate verifiable personal information for the purpose of obtaining continuing education credit, verifying whether the content course You are taking is recognized for credit in Your state and if distance learning is an acceptable format. Some states allow content to be taken more than once for credit some states do not allow repetition within the same licensing period. You are responsible for knowing what is allowed and what is prohibited. FCPA does not guarantee that credit will be recognized in all states or that all hours will be honored by every state.  You are responsible for verifying that information prior to taking any FCPA course.  At no time is FCPA responsible for maintaining Your acquired hours record. That is the function of the sponsoring university or college and education tracking systems.

 

 

 

14.         Instructors and Provider Disclosures:

Instructors and Providers for FCPA and FCPA common carrier must disclose any      financial benefit from or affiliation with products or services.  “Pitching from the Podium” is prohibited during educational presentations for continuing education credit.

 

15.       Non-Discrimination Policy.  

 

FCPA does not discriminate based on race, religion, national origin, age, sexual    orientation, pregnancy, disability, Military Service or affiliation, Bankruptcy, Genetic information or Citizenship status.

 

16.      ADA and Accommodation Policy.

 

FCPA has taken measures to make available educational content accessible.  If You      have a verifiable disability as approved by the ADA and documented, FCPA will provide You with additional reasonable assistance and resources if necessary, to facilitate Your distance learning experience.

  

17.         General terms.

a.     If any term or condition in these Terms is found to be unenforceable by an arbitrator or court of competent jurisdiction, all other terms and conditions shall remain unaffected and in full force and effect.  No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

b.   This Agreement will be construed in accordance with and governed by the laws of the state of Florida, without reference to its rules regarding conflicts of law, except for the arbitration agreement described above.

c.   Should You breach any provisions of the Terms, FCPA shall be entitled to recovery of all damages due to your breach, including, without limitation, all costs (including reasonable attorney fees) incurred to enforce its rights under these Terms.

d.   FCPA is a Florida corporation and the Services are controlled, maintained and operated by FCPA from its offices in the state of Florida.  FCPA makes no representation that any of the materials available through the Services are available or appropriate for use in other locations.  You understand that your access or use of the Services should not be construed as FCPA ’s purposeful availment of the benefits or privilege of doing business in any state or jurisdiction other than Florida.

 

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM