Terms © 2008 All Rights Reserved 

ApexCLE, Inc.
Terms of Use and Privacy Policy
Legal Information, Legal Notice and
Disclaimer of All Warranties,
Effective 01/01/2008

 
Site Ownership
Please read through these Terms of Use and Privacy Policy (hereinafter “Terms”) carefully. These Terms limit your rights and provide that you waive certain legal rights. ApexCLE, Inc. owns the domain, Site and all contents at www.ApexCLE.com. These Terms apply to ApexCLE, Inc., www.ApexCLE.com, its affiliates, officers, employees, agents and licensors and all associated sites linked through www.ApexCLE.com (Collectively the “Site”).
By using, accessing or purchasing any material or product from the Site or by accessing any content found on the Site, or accessing any content downloaded from or distributed by the Site, whether as the original user or purchaser or subsequent viewer of the information, the user (“you”) represent that you have read the following Terms and that you agree to be bound by the Terms set forth herein.
If you do not agree to these Terms, exit the Site and do not use the Site, do not view the material, do not use the material originating from the Site. If you do not agree to these Terms, you are prohibited from accessing or using the Site and must exit immediately.
The person creating the written material contained on the Site and the person providing the video material are collectively referred to as the Presenter. ApexCLE, Inc. and www.ApexCLE.com are collectively referred to as ApexCLE. Unless otherwise expressly stated in writing, the Presenter is not an employee, agent or otherwise under the direction or control of ApexCLE. The Presenter is an independent contractor of ApexCLE.
Limited License to Use Site and View Content
You agree to use the material available from the Site for the sole purpose of obtaining continuing legal education credit for yourself. ApexCLE grants to users solely within the United States of America a personal, non-exclusive, non-transferable, limited right to use the Site provided you comply with all Terms. You may not distribute the material to any person without express written authority from ApexCLE.
Any distribution of the material to a third person, use of the material by a person other than the original purchaser or any copying of the material is a violation of the limited license provided herein and may subject you to legal action.
You are not permitted to cite the material in any legal pleading or proceeding including but not limited to a court, arbitration, mediation or similar civil or criminal proceeding. You are not permitted to use the material in any adversarial proceeding of any nature. You are expressly prohibited from using the material in any proceeding in an attempt to argue against or rebut any legal argument including any argument or position proffered by the Presenter or his or her organization or prior affiliated organization. If you are located outside the United States of America, you are not permitted to use this Site.
Waiver of Legal Remedies, Refund Price as Sole Remedy
BY USING THE SITE OR ACCESSING THE MATERIAL CONTAINED ON THIS SITE, YOU WAIVE ALL REMEDIES AT LAW OR IN EQUITY EXCEPT FOR THE RECEIPT OF A REFUND OF YOUR ORIGINAL PURCHASE PRICE FOR THE MATERIAL, LESS ANY SHIPPING, DELIVERY, HANDLING OR PROCESSING FEES. You waive any and all rights to participate in any class action suit, waive any and all rights to sue and waive any and all rights to seek punitive, indirect, consequential, exemplary, or incidental damages, including any damages for loss of business profits, business interruption, loss of business information or other pecuniary loss, even if ApexCLE has been placed on notice of the potential for the alleged damages.
In no event will any liability of ApexCLE, its affiliates, agents, employees, officers, directors and licensors to you arising out of any kind of legal claim in any way connected with the Site or breach of these Terms by ApexCLE exceed the amount, if any, paid by you to ApexCLE in respect of the particular service, product or material to which the claim relates or arises from. In the event any party in any court files litigation, you hereby agree to the entry of an order of dismissal with prejudice as to all claims against ApexCLE, its affiliates, agents, employees, officers, directors and licensors upon the tender of a refund of your purchase price to you.
Disclaimer of Warranties
ApexCLE makes every effort to ensure the quality and accuracy of the material appearing on the Site. There are risks associated with using the Internet, including, without limitation, the failure of Internet connections, hardware, and/or software. ApexCLE and the Site are not responsible for any failures, distortions, delays, or other problems resulting from any reason or source including but not limited to connections, equipment, signal strength, hardware, software or any equipment used to access the Internet or store or delivery the Site or its Content. APEXCLE MAKES NO WARRANTY, EXPRESS OR IMPLIED CONCERNING THE CONTENT, THE SITE, AVAILABILITY OF THE SITE, OR PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, WHICH ARE PROVIDED “AS IS.” YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. APEXCLE DOES NOT MAKE ANY WARRANTIES EITHER EXPRESSED OR IMPLIED. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, APEXCLE AND THE SITE DISCLAIM ANY WARRANTIES FOR THE PERFORMANCE, SECURITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE SITE AND THE SERVICE. APEXCLE AND THE SITE DISCLAIM ANY WARRANTIES FOR AVAILABILITY OF THE SITE DURING TIMES OF HEAVY USE. TO THE FULLEST EXTENT PERMITTED BY LAW, APEXCLE AND THE SITE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, APEXCLE AND THE SITE DISCLAIM ANY WARRANTIES FOR VIRUSES, CONTAMINATING OR DESTRUCTIVE PROPERTIES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Modifications or Revisions
ApexCLE reserves the right, in its sole discretion, to terminate, modify, revise, delete, edit, add or append the content on its site at any time. ApexCLE reserves the right to limit or restrict access to its site to or by any person, domain, IP address or computer network as it sees fit in its sole discretion. It is the responsibility of the user to periodically review these Terms for changes or modifications. If the user continues to use the Site after the posting of a change or modification of the Terms, the user agrees with the changes or modifications.
Disclaimer - Not Legal Advice, Not Financial Advice
The material or content provided by ApexCLE is provided solely as general educational material for informational purposes only and is not intended to address any specific situation and is not intended to be legal or financial advice. The views, material, video or content available on ApexCLE.com is that of the Presenter and not those of ApexCLE.
Presenters may have discussed or referenced legal issues, case law, statutes, financial information, accounting, or other professional topics, but this material or reference is not legal, financial, accounting, or professional advice. This material is not intended to create, and the receipt of it does not create, a lawyer-client relationship or any other professional, business or personal relationship of any nature.
You are expressly directed to seek such advice from a qualified professional who can assess your particular issues, financial situation, legal position and unique fact situation. Each fact situation or circumstance is unique and no view or content provided by the Site is designed to address your particular situation. You should not act upon this information without seeking appropriate legal, financial or professional advice.
Financial Interest or Business Interest Disclosure
Each Presenter is responsible for the information and opinions that he or she has supplied herein. Each Presenter is an experienced professional in his or her respective field and may be employed by or through a financial firm, law firm, government agency, school or other business or legal entity.
A Presenter may have an interest, either financial or equity, in the firm, partnership, product, service or business entities that they discuss in their material. You are on notice that the Presenter may have such an interest that may influence the material presented or written by the Presenter.
Views and Opinions
The views expressed herein are the personal views of the Presenter and are not intended to reflect the views of ApexCLE, its officers, directors, employees, agents, partners, affiliates or any person or party that may be related to the foregoing. The views of the Presenter may not necessarily represent the views of the financial firm, law firm, government agency, school or other business or legal entity of the presenter.
Independent Contractors
We may retain individuals, vendors or companies to provide products or services to us. These third parties will have access to private or personal information needed to perform their functions.
Third Party Transaction-Level Data:
ApexCLE uses various merchant services to process your financial transactions. Your use of the Site constitutes your consent to our use of your financial information and our transfer of your financial information necessary to process your financial transaction.
Link to Third Party Sites:
This Site contains links to third party sites that are not owned or controlled by ApexCLE. ApexCLE cannot and does not guarantee the content or material on third party sites and is not responsible or liable for the privacy practices or content found on these sites. All links are provides solely as a convenience to Site users and ApexCLE makes warranties expressed or implied regarding third party sites. You use these external websites at your own risk, and ApexCLE has no liability for any damages (whether direct or indirect, special, incidental, consequential or punitive) incurred by you as a result of your use of these websites or the information you receive from or submit to these websites.
Asset or Business Transfer:
In the event that ApexCLE is sold, acquired, transferred, sells its assets, whether voluntarily or involuntarily, in any fashion, customer information owned or under the control of ApexCLE may be one of the transferred assets. You hereby consent to this transfer.
Independent Parties
ApexCLE, Inc. and each of the Presenters, associations, organizations or linked sites are independent parties. There is no agency, employment relationship, partnership, joint venture relationship or any other relationship of control or direction of one party to another.
The independent parties do not have any authority to control, direct, bind, enter into any agreement or otherwise create a legal burden on another independent party. Any reference to an affiliate, partner, partnership, instructor, Presenter or an appearance of an agency relationship is a term of convenience or a colloquial only and is not intended to, nor does it, represent the legal relationship between the independent parties.
Intellectual Property Rights and Protection
Everything on the Site, including but not limited to, all material, videos, text, graphics, branding, user interfaces, database information, database construction, visual interfaces, photographs, trademarks, trade names, trade dress, logos, sounds, music, designs, artwork and software or computer code, (collectively, “Content” for purposes of this the Intellectual Property Rights and Protection section), including but not limited to the design, structure, navigation, operation, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ApexCLE.
The Content and all other material or property contained within or on the Site and any material emailed to you or otherwise delivered or provided to you through or by the Site, is copyrighted, owned, controlled or licensed to ApexCLE or its licensors.
You may not use or reproduce or allow anyone to use or reproduce any Content appearing on the Site for any reason without the prior express written permission from ApexCLE. Various intellectual property rights including trade dress, copyright, patent and trademark laws protect the Content.
The underlying code, software, programming, database management and software that operate the Site are proprietary and you may not use it except as expressly provided herein. No person may copy, view, reverse engineer, attempt to view the source code, modify or otherwise cause any effect on the software, data, or Content of the Site. No person may attempt to access any data, customer information, or database or test the security of this Site. Any and all test of the security of the Site are strictly prohibited unless expressly agreed to by ApexCLE in writing signed by the president.
ApexCLE Privacy Policy
Use of Information
We use the information we collect to communicate with your, deliver the products or content you purchase, manage accounts, process financial transactions, improve the user experience, validate the identity of the user, control distribution of content, control issuance of certificates of attendance, prevent or investigate potential fraud and comply with requirements from state agencies, courts or other jurisdictional bodies as well as develop marketing material, send emails or newsletters to you and otherwise manage our business.
Information we collect about you
We collect and store information depending on the page you visit, the activities in which you participate and the products you purchase or services selected. You can visit many pages on the Site without providing any personal information. Other pages may prompt you to provide information, such as when you register for access to portions of our site, sign up for membership, request certain features including newsletters, news updates or other products, or make a purchase. We may collect personally identifiable information about you such as your name, address, organization name, attorney registration information, IP address, and email address along with other information that does not identify you. When you submit personal information through this Site, the information may be sent to computers, servers or transmission equipment located in the United States, outer space and other countries around the world. If you have an account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us.
Information You Submit
We may collect and store any personal information you enter on forms, forums, logins or elsewhere on the Site. We may collect all information transmitted to us through email, regular mail or delivery and over the phone. This may personally identifiable information about you such as your name, address, organization name, attorney registration information, IP address, and email address along with other information that does not identify you. If you use the shopping cart or otherwise transact business with us, we may collect financial information including your payment method, credit card number, security code, card type, expiration date and other financial information. We also may request information about your area of practice, program evaluations, interests and activities, your gender and age, or other demographic information.
Use of Cookies and other Technologies
We use cookies and other technology to determine user validity, habits, pages accessed, referring websites, use of the Site and history. We also use other available technologies for security or to improve the user experience.
Information Shared With Third Parties
We share your personal information with service providers that perform services at our request and may have access to your personal information including processing credit card transactions, order fulfillment, delivery services, marketing companies. We may disclose your information pursuant to a subpoena or other court order, request from law enforcement or to enforce our legal rights, defend any claim or suit, or as required by law.
Any third party may have its own policy on personal information. The policy of the third party will apply to information in its possession.
Persons under 16 years of age
We do not knowingly collect or solicit personally identifiable Information from or about children under 16 except as permitted by law. If we discover we have received any information from a child under 16 in violation of this policy, we will delete that information immediately. If you believe the Site has any information from or about anyone under 16, please contact us at the address listed below.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties.
Indemnification and Hold Harmless Provision
Upon ApexCLE’s request, you agree to defend, indemnify and hold harmless ApexCLE from any and all claims and expenses, including reasonable attorney fees, costs or expenses related to any breach of these Terms by you or your use of any material or content from the Site in violation or contradiction to the Terms.
Governing Law Exclusive Jurisdiction
These Terms and all matters related to the use of this Site shall be governed by, and construed in accordance with the laws of the State of Illinois without regard to any conflict of law analysis. You agree that exclusive jurisdiction for any dispute with or claim brought against ApexCLE or arising from this Site, ApexCLE, Inc. or any use of the content of the Site shall reside with the state courts of Cook County, Illinois. By the use of the Site, you agree to submit to personal jurisdiction in Cook County, Illinois, USA.
One year suit limitation. Any claim related to the Site or this policy shall be brought in a state court in Cook County, Illinois, within one year after the date claim arises without regard to the date of discovery or the claim is fully and completely waived. You agree no such claim may be brought as a class action. Users of the Site consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of any and all disputes. The Site is controlled, operated and administered entirely within the United States. If you are located outside the United States, please note the information you provide to us will be transferred to the United States. If you are located outside of the United States of America, although you are not permitted to use this Site, you hereby consent to this transfer of information.
BY USING THIS WEB SITE, YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE READ AND UNDERSTAND ALL OF THE ABOVE CONDITIONS, TERMS, POLICIES, PROVISIONS, DISCLOSURES AND DISCLAIMERS, AND THAT YOU EXPRESSLY AGREE TO BE BOUND BY THEM. IF YOU DISAGREE WITH THESE TERMS OF USE, YOU WILL BE DENIED ACCESS TO THIS WEB SITE. IF YOU DISAGREE WITH THESE TERMS OF USE, YOU MUST EXITE THE SITE IMMEDIATELY.
Contacting Us
In addition to the contact information provided on the Site, you may contact us at the address located on the Contact Us page.