Terms of Use
"CPEmarket.com" is a web site operated
by the National Association of State Boards of Accountancy (NASBA), consisting of information provided
by NASBA, affiliates of NASBA, and other third parties. "You" and "User" refer to all individuals
and/or entities who access CPEmarket.com and/or establish an account with CPEmarket.com.
This agreement sets forth the terms of use of CPEmarket.com. If you do not accept the terms of use stated in this agreement, do not use this web site. By accessing the site, you agree to be bound by these terms of use. NASBA may revise or change these terms of use at any time. You should visit this page periodically to review the terms of use because they are binding on you.
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Use and Ownership of Content
This web site and all of its contents, such as text, graphics, software, images, data, logos, button
icons, and information (collectively, the "Content"), are protected under United States and foreign
copyright, trademark and other laws. All Content is the exclusive property of NASBA, its content
suppliers (CPE providers), clients, and/or other third parties.
CPEmarket.com is an information resource. You may use this site and the Content only for your own personal, non-commercial use. NASBA authorizes you to view, print and download copies of the Content solely for your personal, noncommercial use, provided that such downloads contain a copyright notice substantially similar to the one at the end of this agreement. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content, without the prior written consent of NASBA, is strictly prohibited. Each third party Content provider is a third-party beneficiary hereunder to the extent necessary to enforce its proprietary rights in the Content.
CPEmarket and CPEmarket.com are service marks of NASBA. Any use of these marks by you or any third party without the prior express written consent of NASBA is prohibited.
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User Behavior
CPEmarket.com may be used for lawful purposes only by individuals seeking continuing education information
and by continuing education providers listing course information.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this web site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information.
NASBA does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
NASBA acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified of communications that allegedly do not conform to these Terms of use, NASBA may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. NASBA has no liability or responsibility to users for performance or nonperformance of such activities. NASBA reserves the right to expel users and prevent their further access to the web site for violating these terms of use or the law and the right to remove communications which are abusive, illegal, or disruptive. NASBA may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for NASBA or may cause NASBA to lose (in whole or in part) the services of its ISPs or other suppliers.
Any information that you post to the web site may be accessed by any other users of the web site, unless the particular web page specifies otherwise. By submitting content to any public or non-public area of the web site, you grant NASBA and its affiliates a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any other user to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the web site retains any and all rights that may exist in such content. For further information about how NASBA treats information collected about you on through your use of the site, see the CPEmarket.com Privacy Policy.
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Limitation of Liability
CPEmarket.com is only a venue. CPEmarket.com acts as a venue for individuals to find continuing education course information and continuing education providers to list course information; CPEmarket.com does not screen or censor the listings offered.
NASBA and CPEmarket.com are not involved in the actual transaction between providers and individuals. As a result, the Company has no control over the quality, safety or legality of the courses listed, the truth or accuracy of the listings, or the ability of providers to offer listed courses.
Because user authentication on the Internet is difficult, NASBA and CPEmarket.com cannot and do not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on CPEmarket.com, in the event that you have a dispute with one or more users, you release NASBA (and our agents and employees) from claims, demands, and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through CPEmarket.com. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using CPEmarket.com.
Information on CPEmarket.com may contain inaccuracies or typographical errors. NASBA makes no representations about the accuracy, reliability, completeness, or timeliness of CPEmarket.com or its information. The use of CPEmarket.com and the information is at your own risk. Changes are periodically made to the web site and may be made at any time, but NASBA is under no obligation to update the site or to correct any errors or omissions in it. Continuing education providers are solely responsible for their postings on CPEmarket.com.
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Disclaimer of Warranty
NASBA does not warrant that CPEmarket.com will operation error-free or that the web site and its
server are free of computer viruses or other harmful mechanisms. If your use of the web site or
the information results in the need for servicing or replacing equipment or data, the company is
not responsible for these costs.
CPEmarket.com AND INFORMATION ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NASBA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NASBA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT.
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Disclaimer of Consequential Damages
IN NO EVENT SHALL NASBA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA
OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, GIGALAW.COM'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NASBA'S
TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEB SITE OR THE CONTENT
SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVEN UP TO THE GREATER OF ONE THOUSAND DOLLARS
($1000.00) OR THE AMOUNT OF ANY FEES PAID BY YOU TO NASBA FOR USE OF CPEmarket.com.
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Copyright Infringement Claims
(a) NASBA's for receipt of Notification of Claimed Infringement is:
National Association of State Boards of Accountancy
Attention: Elizabeth Trabue
150 Fourth Avenue North
Nashville, TN 37219
615-880-4239
615-880-4292
etrabue@nasba.org
(b) If you believe that material posted on CPEmarket.com infringes on your copyright, you must send a Notification of Claimed Infringement to the Designated Agent listed above containing the following information: (i) signature of the copyright owner or their agent, (ii) identification of the copyright work claimed to have been infringed, (iii) identification of the material that is claimed to be infringing, and information sufficient to locate the material, (iv) information on how to contact the complaining party, (v) a statement of your good faith belief that use of the material in the manner is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the material that is allegedly infringed.
(c) Upon receipt of a notification of claimed infringement that the meets the requirements set forth above, NASBA will promptly remove or block access to the allegedly infringing material, and NASBA will notify the user who posted the material. Upon receipt of a notification that does not comply with the requirements listed above, but which substantially identifies the copyrighted material, the infringing material, and you, NASBA will take reasonable steps to assist in the receipt of proper notification.
(d) If you receive notification from NASBA that NASBA has blocked allegedly infringing material posted by you, you may send a written counter-notification to the Designated Agent listed above containing the following information: (i) your signature, (ii) identification of the material that has been blocked or removed, (iii) statement under penalty of perjury that you have a good faith belief that the removal or blockage was a result of mistake or misidentification of the material, and (iv) your name, address, and phone number and a statement that you consent to jurisdiction of the U.S. District Court for the district in which you are located, or if you are outside of the U.S., for the U.S. District Court for the Middle District of Tennessee, and that you will accept service of process from the complaining party or their agent.
(e) Upon receipt of counter-notification meeting the requirements set forth above NASBA will notify the complaining party that NASBA will replace or unblock the material in ten business days unless NASBA receives notice that the copyright owner has filed a court action seeking to restrain the alleged infringement.
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Links to Other Sites
The web site contains links to third party web sites. These links are provided solely as a convenience
to you and not as an endorsement by NASBA of the contents on such third-party web sites. NASBA is
not responsible for the content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third party web sites. If you decide to access
linked third party web sites, you do so at your own risk.
Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall
be responsible for all uses of your registration, whether or not authorized by you. You agree to
immediately notify NASBA of any unauthorized use of your registration or password.
Termination
NASBA reserves the right, at its sole discretion, to pursue all of its legal remedies, including
but not limited to deletion of your postings from CPEmarket.com and immediate termination of your
registration with or ability to access the web site and/or any other service provided to you by
NASBA, upon any breach by you of these terms of use or if NASBA is unable to verify or authenticate
any information you submit with the web site registration.
Indemnity
You agree to defend, indemnify, and hold harmless NASBA, its officers, directors, employees and
agents, from and against any claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of the site or information on the
site, or your breach of these terms of use. NASBA shall provide notice to you promptly of any such
claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit,
or proceeding.
Jurisdiction
You expressly agree and consent that the exclusive jurisdiction for any dispute with NASBA or in
any way relating to your use of CPEmarket.com resides in the courts of the State of Tennessee, County
of Davidson or in the United States District Court of the Middle District of Tennessee. You further
agree and consent to the exercise of personal jurisdiction in the above-referenced courts in connection
with any such dispute, including but not limited to any claim involving NASBA or its affiliates,
subsidiaries, employees, directors, contractors, officers, telecommunications providers and content
providers.
Severability
To the maximum extent possible, each of these disclaimers and terms of use shall be interpreted
in such a manner as to be valid and enforceable under applicable law. If any provision hereunder
is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified
so as to be rendered valid and enforceable while implementing, to the greatest extent possible,
the original intent of such provision. If such reformation is not possible or permitted, the invalidity
or unenforceability of such a provision shall not otherwise impact the validity or enforceability
of the remaining provisions hereunder.
General
These terms and conditions are governed by the internal substantive laws of the State of Tennessee,
without respect to its conflict of laws principles. If any of these terms and conditions are found
to be invalid by any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions, which shall remain in full force and effect.
No waiver of any term or condition herein shall be deemed a further or continuing waiver of such
term or condition or any other term or condition. These terms and conditions constitute the entire
agreement between you and NASBA with respect to the use of CPEmarket.com. The Company reserves the
right to modify these terms and conditions without notice to you, and your continued use of CPEmarket.com
after such modifications will make such modifications binding on you.
Copyright (c) 2005 National Association of State Boards of Accountancy. All rights reserved.
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