1. General.YOUR PARTICIPATION IN AND USE OF THE Compita Group SITE (THE “SERVICE”) IS CONDITIONAL UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AND INDICATE YOUR ACCEPTANCE BY CLICKING ON THE “Submit Order Now” BUTTON ON THE CHECKOUT PAGE. If you do not agree to this agreement, please do not use the Service. Compita Group reserves the right, in its discretion, to change or modify all or any part of this agreement at any time. Such changes or modifications shall be effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of this agreement, including any changes or modifications made by Compita Group as permitted above. If at any time this agreement is no longer acceptable to you, you should immediately terminate your use of the Service by following the procedures indicated in Section 12 below.
2. Use of Content and Third Party Content.2.1 You acknowledge that the Service contains information services, information, interactive forums, software, photographs, audio and video clips, graphics and other content (collectively, “Compita Group Content”) that is protected by copyright, trademark or other proprietary rights of Compita Group. In addition, the Service contains information, software and other content provided by third parties (“Third Party Content”, together with “Compita Group Content”, the “Content”) that is protected by copyright, trademark or other proprietary rights of such parties. All Content on the Service is copyrighted as a collective work of Compita Group pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service.2.2 Compita Group hereby grants you a non-exclusive, non-transferable license to use the Content, provided that you agree to the following: (i) You may only utilize the Content for your own personal, noncommercial use; (ii) You may not modify, publish, transmit, rent, sub-license, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as otherwise expressly permitted in this agreement; (iii) You may not reverse-engineer any software contained in the Content; and (iv) Except as expressly permitted hereunder, you may not store electronically any significant portion of the Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of the Content is permitted without the express permission of Compita Group.
3. Content Restrictions.3.1 You shall not upload to, or distribute or otherwise publish through, the Service any Content (including any courses created by you) that (i) is libelous, defamatory, obscene, discriminatory, profane, pornographic, abusive, harassing or threatening, (ii) contains viruses or other contaminating or destructive features, (iii) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (iv) contains material not relevant or otherwise inappropriate to the subject matter of a discussion board, or (v) otherwise violates any applicable law.3.2 You shall not use the Service for any commercial purpose and shall not distribute over the Service any advertising or solicitation of funds or goods and services without the express written consent of Compita Group. In addition, you shall not use the Service to solicit members to join other online information services that are competitive with the Service.
4. Managing Content; Notification of Alleged Infringement; Counter-Notification; Termination of Repeat Infringers.4.1 Compita Group does not and cannot review the Content posted by members of the Service (including any courses created by members) and is not responsible for such Content. However, Compita Group reserves the right to reject, delete, move or edit any Content it deems unacceptable (including courses created by members and messages posted in any forum) without prior notice for any reason or for no reason at all. You shall remain solely responsible for all Content posted by you or by any other person using your account. Compita Group shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine is its sole discretion.4.2 In the event you believe that any Content posted to the Service infringes on your copyright or other intellectual property rights, you may notify the Service of the alleged infringement by sending an e-mail message to Compita Group or by contacting the Compita Group’s customer-service telephone line (1-866-652-6870) or through mail at Compita Group, 2765 Rebecca Ln, Suite C, Orange City, FL 32763. To provide the Service with information to evaluate the claimed infringement, notification under this Section should include (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other right alleged to be infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed (in the case of multiple works at a single online site, a representative list of the works at the site will be sufficient); (iii) identification of the material claimed to be infringing or subject to infringement litigation, and information reasonably sufficient to permit the Service to locate the material; and (iv) your contact information, such as your address, telephone number and e-mail address. Your notification should also include a statement that you are authorized to act on behalf of the owner of the copyright or other rights claimed to have been infringed, that you have a good faith belief the use of the material in the manner complained of is not authorized by law or by the rightful owner of the material, and that the information in the notification is true and accurate under penalty of perjury.4.3 If the Service receives proper notification of infringement pursuant to Section 4.2, it will remove or disable access to the challenged material and will take reasonable steps to notify the member who originally posted it that the Service has removed or disabled access to that material. The member may then submit a counter-notification by sending an e-mail message to Compita Group or (mail: Compita Group, 2765 Rebecca Ln, Suite C, Orange City, FL 32763; phone: 1-866-652-6870) explaining why the member believes that material is not infringing. To be effective, the counter-notification should include (i) a physical or electronic signature of the member; (ii) identification of the material that has been removed and the location where the material was located before it was removed; (iii) a statement under penalty of perjury that the member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) the member’s contact information, such as the member’s address, telephone number and e-mail address; and (v) a statement that the member will consent to jurisdiction of the federal court for the district in which that address is located (or, if that address is in a foreign country, in the federal court for Orange City, Florida), and that the member will accept service of process from the person who provided the notification described in Section 4.2 or that person’s agent.4.4 Upon receipt of a counter-notification complying with the requirements of Section 4.3, the Service will promptly provide the person who submitted the original notification with a copy of the counter-notification and will replace the removed material or cease disabling access to it in not less than 10, nor more than 14, business days unless that person provides to Compita Group (via e-mail message) or (mail: Compita Group, 150 Orchard St, Webster, NY 14580; phone: 1-866-652-6870) notification that the person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity related to the material posted to the Service.4.5 The Service will terminate the accounts of members who repeatedly infringe the copyrights of others.
5. No Endorsement.The Service may contain links to sites on the Internet that are owned and operated by third parties (the “External Sites”). You acknowledge that Compita Group is not responsible for the availability of, or the content, products, and services located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.
6. Registration; Member Qualifications.6.1 As part of the registration process, you will select a password and fill in certain information about yourself. You must provide accurate, complete, and current registration information and you agree to provide Compita Group with any of that information promptly after such changes occur.6.2 Your right to use the Service is personal to you and cannot be transferred to any other person. You are responsible for all use of your account under any password by any person whether or not authorized by you and for ensuring that all use of your account complies with this agreement.
8. Fees & Payments.8.1 Compita Group reserves the right to change the amount of any fee or charge for the Service or to institute new fees or charges, effective on at least 30 days’ prior notice posted on the Service in the Compita Group homepage.8.2 You agree to pay all fees and charges incurred by you or any third party using your Service account (whether or not authorized by you) at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, applicable taxes and charges for any products or services offered for sale through the Service by Compita Group or by any third party. Payment for a monthly membership is due prior to the commencement of each one-month term. Payment for an annual membership is due prior to the commencement of each one-year term. Payment for any “a la carte” course is due upon course registration. Subject to the terms and conditions of this agreement, Compita Group will charge all monthly and annual membership fees to your credit card and your monthly and annual membership will continue and you will continue to be billed for such membership until you cancel your membership. Notwithstanding the forgoing, if you purchased a monthly or annual membership to Compita Group prior to 14:25 PST, January 17, 2000, you will be charged a one-time fee for that membership and must renew that membership in order to continue the Service.8.3 You shall be responsible for obtaining all telephone, telephone access lines, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service (e.g., charges imposed by an Internet access provider, or your local telephone company).
10. Indemnity.10.1 You agree to indemnify, defend and hold Compita Group and its officers, directors, owners, agents, Content providers, affiliates and licensors (collectively, the “Compita Group Parties”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by any Compita Group Party in connection with any claim arising out of any use or alleged use of your account or password by you or any person, whether or not authorized by you. Compita Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Compita Group’s defense of such claim.10.2 The information on this site is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that Compita Group is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the service of a competent professional person should be sought.
11. Termination of Service.11.1 You may terminate your membership or enrollment at any time by contacting Customer Service at 1-866-652-6870 between 9 a.m. and 5 p.m. Eastern Standard Time, Monday through Friday, or by sending an e-mail to info@Compita Group.com. You will receive a confirmation via e-mail that your request was received, and your access will be terminated immediately. If you terminate your membership or enrollment in an “a la carte” course as a result of your dissatisfaction with the Services, you may be entitled to a full refund, provided that in your termination request you clearly detail the grounds of your dissatisfaction and (i) with respect to termination of your annual membership, your request is received within 30 days of the commencement of such membership and (ii) with respect to termination of your monthly membership, your request is received within the billing period for which you are requesting a refund (you will only be refunded for one billing period) and (iii) with respect to termination of an “a la carte” course, your request is received within 30 days after registering for a self-study course or within 30 days of starting an instructor-led course. If your request for termination is received after the periods specified above, you will not be entitled to a refund of any payments made or any payments payable by you prior to the termination date. Any refund provided pursuant to this section is for “a la carte” course or membership fees only and does not include any other fees or payments, such as fees or payments for merchandise, books or other materials.11.2 Compita Group reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any violation of this agreement without prior notice or liability.11.3 Compita Group may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.12.1 NONE OF Compita Group, ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES Compita Group, ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NONE OF Compita Group, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.12.2 NONE OF Compita Group, ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.12.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Compita Group, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. Third Party Rights.The provisions of Sections 2, 10 and 12 are for the benefit of Compita Group, Third Party Content providers and their respective employees, agents and contractors; and each such party will have the right to enforce such provisions directly on its own behalf.
14. Miscellaneous.This agreement shall be construed in accordance with the laws of the State of Florida, and the parties irrevocably consent to bring any action to enforce this agreement in the federal or state courts located in Orange City, Florida. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. The provisions of Sections 3, 9, 10, 12, 13 and 14 shall survive any termination of this agreement, as well as any other provisions which by their terms or sense are intended to survive.