1. WebExercises Academy Terms
1.1 Acceptance of Terms
WebExercises is the owner and operator of the WebExercises Websites, as defined below. These Terms of Use (the “Agreement”) govern access to and use of the WebExercises Websites. By accessing and using the WebExercises Websites, You accept this Agreement and agree to abide by all its terms and conditions.
Please read the following, carefully bearing in mind that this Agreement must be read in conjunction with WebExercises’ Privacy Policy, found HERE.
1.2 Right to Modify Terms
WebExercises reserves the right to modify the terms of this Agreement at any time at its sole discretion. It may post a notice of such changes. If the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing or continuing to use the WebExercises Websites, You agree to the terms of modified Agreement without further notice.
1.3 Term Definitions
1.“WebExercises Websites” means the WebExercises Websites accessible through the URLs www.WebExerciseseducation.com, www.WebExercisesAcademy.com, or www.WebExercisesed.com, among other websites owned and operated by WebExercises.
2. “WebExercises” means WebExercises, Inc.
3. “Parties” means WebExercises and You, collectively.
4. “Party” means either WebExercises or You.
5. “User Profile” means a profile posted by You on any of the WebExercises Websites.
6. “You,” “Your,” and/or “User” means any individuals and/or entities visiting and/or otherwise accessing the WebExercises Websites for any reason; said terms may be used interchangeably.
7. “Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials posted and/or otherwise displayed on, to, or at the WebExercises Websites.
8. “Personal Information” means, without limitation, any information that identifies or describes an individual, including their name, professional licensing information, physical description, age, gender, home address, home telephone number, or education. Personal Information also includes statements made by, or attributed to a User.
9. “Affiliate” means individuals or companies that have licensed their online lecture content to WebExercises.
10. “Course” means distance education courses in which students are separated, by time and/or distance from the instructor and/or the location from which the Course originates. The Course may be attended live or on demand.
2. Website
2.1 Content Ownership
As between the Parties, WebExercises is the owner of all Content posted on or otherwise accessible at or via the WebExercises Websites, including but not limited to logos, designs, text, graphics, pictures, and information. Unless otherwise agreed in writing, You will have a limited one (1) month to one (1) year license, depending on the course, to view the Content for Your educational, non-commercial use only. Any copying, reproduction, sub-licensing, retransmission, or republication of all or part of the Content is expressly prohibited. WebExercises reserves all applicable rights to the Content.
The WebExercises Websites may contain Content that is owned by third parties. WebExercises’ Affiliates are the holders of all rights to said Content, to which WebExercises has a license. Any reproduction, sub-licensing, retransmission, or republication of all or part of any such third party Content is also expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to the User.
2.2 Trademarks
Portions of the WebExercises Websites may be customized by enterprise customers to include use of said customers’ logo and other trademarks for custom branding. If using such customization, You grant WebExercises a nonexclusive, nontransferable, revocable right to use and distribute Your logos, branding, Content, additional or replacement buttons, logos, characters, designs or the like (the “Trademarks”) as part of said custom branding. You agree to provide the Trademarks in the format required by WebExercises. Use of the Trademarks does not give WebExercises any right, title, or interest in the Trademarks, other than the license rights granted herein.
2.3 Copyright Complaints
If You believe that any Content on the WebExercises Websites infringes a copyright You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to WebExercises to legal@WebExercises.com. Please include a description of the Content that is allegedly being infringed, where on the WebExercises Website it may be found, and documentation substantiating your claim.
2.4 Content Availability
2.4.1 Individual On-Demand Course: After purchasing a Course, You will have access to the Course for one (1) month to one (1) year as indicated in the Course information. Course access can be found in the lesson plan section of the Course. Your ability to use the Course will end when your access expires; to regain access to the Course, You will have to repurchase it. If you are taking the course to earn continuing education credits (“CEU”), You are only allowed to earn CEUs one (1) time per calendar year for each course you take.
2.4.2 Subscription: After purchasing a subscription, Your credit card will be charged immediately, and You will have access to the Content owned by WebExercises for one (1) year. After one (1) year, your subscription will automatically renew at the subscription price then in effect, using the credit/debit card You have provided. To cancel Your subscription or opt-out of auto-renewal, contact Customer Care at 866-411-4825 or at support@WebExercises.com. You will receive a reminder approximately thirty days before each annual renewal. You accept responsibility for all recurring charges prior to cancellation. Subject to applicable law, WebExercises reserves the right not to renew Your subscription at any time for any reason.
NOTE: Affiliate course content is not included in Your subscription.
2.5 Termination
WebExercises reserves the right to terminate, block, or restrict Your access to or use of the WebExercises Websites for any breach or violation of any term(s) of this Agreement, solely at the discretion of WebExercises.
2.6 Equipment
You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the WebExercises Websites.
2.7 Internet Speed
WebExercises recommends Cable, Broadband Internet, or a company LAN on a T1 or higher to take full advantage of the high-quality video and multimedia offered by the WebExercises Courses.
2.8 Software Requirements
WebExercises Websites are optimized using the most up to date versions of Google Chrome, Firefox, or Safari browser.
3. User Accounts
3.1 User Responsibility
The WebExercises Websites include the option of creating a User Profile. Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles. You are also wholly responsible for ensuring that Your use of the WebExercises Websites is compliant with the laws and regulations of any applicable jurisdiction.
3.2 Accounts and Passwords
In consideration of Your use of the WebExercises Websites You acknowledge that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide accurate, current, and complete data when providing information to, signing up with, registering for use of, or otherwise providing information to the WebExercises Websites. and agree to maintain and promptly update all such information to keep it true, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if WebExercises has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, WebExercises has the right to suspend or terminate Your access to the WebExercises Websites and to refuse current or future use of the WebExercises Websites or any portion thereof.
You must have Your own password to access the WebExercises Websites. You are not permitted to provide others with access to WebExercises’ Courses using Your user name and password or to utilize another User’s authorized user name and password to access the Courses. If WebExercises uncovers password sharing, it reserves the right to terminate or block all Users of said shared access to the WebExercises Websites, and to charge the User who has shared its password for all parties who have had access via its use.
3.3 Linking to WebExercises
1. WebExercises invites Users to link to the WebExercises Websites. Linking must not improperly connote an affiliation with or an endorsement by WebExercises of Your website, or otherwise interfere with the operation of the WebExercises Websites. Any links must open in a new browser window.
2. You must not place WebExercises Websites’ pages in a “frame” within Your own website without explicit prior written permission from WebExercises.
3. Although the WebExercises Websites may include links providing direct access to other Internet sites, WebExercises assumes no responsibility for the Content or information contained on such other sites and does not exert any editorial or other control over them. WebExercises provides no warranties and explicitly disclaims any liability for any Content or other information provided on its own or any other websites.
4. Disclaimers
4.1 Generally
Except as expressly set forth herein, the Content of the WebExercises Websites (including but not limited to all WebExercises’ and its Affiliates’ intellectual property, text, materials, software, functions, services, and information made available therein or accessed by means thereof) are provided AS IS, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose. WebExercises does not warrant or guarantee uninterrupted access to the WebExercises Websites or any site linked to the WebExercises Websites and reserves the right to discontinue courses or to change their expiration date at any time.
Under no circumstances will WebExercises be liable in any way for any Content, including without limitation any errors or omissions therein, or any loss or damage of any kind incurred as a result of using any Content posted, emailed, transmitted, or otherwise made available via the WebExercises Websites; WebExercises makes no guarantees that the Content will be accurate, current, or error-free.
By using the WebExercises Websites and any information and Content contained therein, You assume full responsibility and risk of loss. WebExercises makes no guarantees about the suitability of any information or services for any purpose. While the WebExercises Websites may provide programs with exercises related to Your condition that You can perform at home, You understand and agree that there is a risk of injury with any activity, and shall use caution when performing such exercises. IF YOU EXPERIENCE PAIN OR DISCOMFORT, IMMEDIATELY DISCONTINUE THE EXERCISES AND CONTACT YOUR CLINICIAN OR PHYSICIAN. BY VOLUNTARILY UNDERTAKING ANY EXERCISE IN A PROGRAM PROVIDED BY WEBEXERCISES, YOU AGREE THAT YOU ASSUME THE RISK OF ANY RESULTING INJURY. WebExercises will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result.
4.2 Continuing Education Courses
The information and content provided in the courses are for informational purposes only. WebExercises makes no warranties regarding, and bears no liability for, Your use of the information and content. Neither WebExercises nor the instructor assumes any responsibility for any loss or injury and/or damage to persons or property arising out of the use of the material contained in or related to the online courses, including the online compliance courses. IT IS THE RESPONSIBILITY OF YOUR TREATING PRACTITIONER, RELYING ON INDEPENDENT EXPERTISE AND KNOWLEDGE OF YOU AS THEIR PATIENT, TO DETERMINE THE BEST TREATMENT AND METHOD OF APPLICATION FOR YOU.
4.3 Compliance Courses
The information and content provided in the compliance courses are not intended to convey or constitute legal advice and should not be relied upon as such. A WebExercises compliance course is not a substitute for obtaining legal advice from a qualified attorney or practitioner. You should not act upon any such information without first seeking qualified professional counsel on Your specific matter. WebExercises makes no warranties regarding, and bears no liability for, Your use of the information and content.
4.4 Accreditation
WebExercises provides accreditation requirements and state approval information regarding its courses on a state-by-state basis. These requirements change regularly; as such, You shall not hold WebExercises or its Affiliates liable for any damages arising, directly or indirectly, from the use of such information, including damages arising from inaccuracies, omissions, or errors, which are provided AS IS. No warranty shall exist on the validity of the course certificates provided upon completion of a course. WebExercises disclaims all liability resulting from a state’s denial of a course’s accreditation.
5. Limitation of Liability
In no event shall WebExercises, its members, officers, Affiliates, agents, licensors, employees, or internet service provider(s) (collectively, “Representatives”) be liable to You or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability. The foregoing limitation shall apply even if WebExercises or its Representatives have been advised or should have known of the possibility of such damage. WebExercises’ total liability in any event is limited to the amount, if any, actually paid for use of the WebExercises Websites, and You hereby release WebExercises and its Representatives from any and all obligations, liabilities, and claims in excess of this amount.
6. Billing
6.1 Payment Method
You may purchase a subscription and/or individual On-Demand Courses. Upon registration for a subscription, You expressly agree that WebExercises is authorized to charge You a membership fee at the rate and commitment period specified, as well as any other charges. Not all Courses are available to subscribers (e.g., Affiliate courses). Should You choose to buy an individual Course You expressly agree that WebExercises is authorized to charge You for that Course before granting you access. You are not required to pay a membership fee to purchase an individual Course. A valid credit card is required to purchase either a subscription or an individual Course. WebExercises bills You through a secure online account; Your complete billing information is not stored on WebExercises’ servers. For Your protection, WebExercises’ secure payment gateway partner, Authorize.net, stores Your billing information.
You may cancel your subscription and receive a full refund at any time within thirty (30) days of purchase if you have not completed any courses or taken a test for CE credit during those first thirty days. An automatically-renewed term may be cancelled for a full refund within the first thirty (30) days of the renewal term if you have not completed any courses or taken a test for CE credit during the first thirty days. Once you complete a course and/or take a test to receive CE credits, there is no refund. To cancel your subscription as indicated in this paragraph, contact our Customer Care department at support@WebExercises.com. Failure to adhere to this Agreement or any of the rules or policies applicable to WebExercises’ Courses may result in the cancellation of Your subscription without refund.
6.2 Payment Amounts
6.2.1 Individual On-Demand Course Fees: Each Course is priced individually. Please refer to each specific Course’s Lesson Plan and descriptions for applicable fees.
6.2.2 Subscription Fees: Please refer to the Pricing page for subscription pricing. Your subscription will continue until You cancel it. WebExercises automatically bills You via the payment method you utilized to sign up every year on the calendar day corresponding to the commencement of Your subscription; however, if You change Your payment method, this could result in changing the calendar day upon which You are billed.
WebExercises may offer a Free Subscription Trial Period. By creating a User account, You accept the Free Subscription Trial Offer and consent to WebExercises’ use of Your account information in accordance with WebExercises’ Privacy Policy. WebExercises reserves the right, in its sole discretion, to withdraw or modify the Free Subscription Trial Period at any time without prior notice and with no liability. At the end of the Free Subscription Trial Period You must pay the subscription fee to continue Your subscription. There is no obligation to purchase a subscription at the end of the Free Subscription Trial Period. You may only use the Free Subscription Trial Offer once.
6.3 Fee Changes
WebExercises may change the fees and charges in effect or add new fees and charges from time to time. WebExercises will endeavor to give You advance notice of these changes by email. If You would like to use a different payment method at any time during your use of the WebExercises Websites or if there is a change such as Your credit card’s expiration date, You may update Your payment method information by contacting WebExercises support at support@webexercises.com.
7. Course Credit Policy
7.1 Individual Course Sales
WebExercises is committed to providing the highest quality online education to its Users. In the event that WebExercises experiences circumstances that render the coursework or learning assessments unavailable for a significant period of time, You may choose one (1) of the following:
1. Extending the amount of time the Course is available to You by the amount of time the Course was unavailable; or
2. Receiving a replacement Course of equal value for the unavailable Course at no extra cost to You.
7.2 Subscription Sales
Membership Course access is available upon payment of the membership fee. Payments are nonrefundable and there are no refunds for partially used periods.
8. Cancellation
You may cancel Your subscription at any time. IN ORDER TO AVOID BEING CHARGED FOR THE NEXT YEAR, YOUR CANCELLATION REQUEST MUST BE RECEIVED BEFORE MIDNIGHT PACIFIC TIME TWO (2) DAYS BEFORE YOUR SCHEDULED ANNUAL RENEWAL PAYMENT DATE. If You terminate Your subscription, it will remain active until the end of Your then-current subscription period; specifically, the subscription period through which You paid before Your termination. THERE WILL BE NO REFUND FOR ANY UNUSED PORTION OF YOUR SUBSCRIPTION.
9. Indemnification
You agree to indemnify, defend, and hold WebExercises, its Affiliates and its and their Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims based on or relating to Your use, or the use of any individual using Your password, of the WebExercises Websites. You further agree to indemnify, defend, and hold WebExercises, its Affiliates and its and their Representatives harmless from any and all losses (including without limitation attorneys’ fees and court costs) resulting from claims in whole or in part due directly or indirectly to violations by You, or any individual using Your password, of any of the terms of this Agreement.
10. Disputes
This Agreement shall be governed by the laws of the California, and the Parties agree to personal jurisdiction in Marin County, California. In the event that litigation results from or arises out of this Agreement or the performance thereof, except for payment related issues which may be heard by a court of competent jurisdiction, both Parties agree to arbitration with a single arbitrator qualified by the American Arbitration Association. The non-prevailing Party, as defined by the arbitrator, agrees to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.
11. Miscellaneous
11.1 Assignability: This Agreement is personal to You, and You may not assign it or the rights and obligations hereunder to any third party or person.
11.3 Waiver: No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
11.4 Severability: If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
11.5 Survivability: The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions and obligations that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement.
