We reserve the right to change these Terms from time to time with or without notice to you. The most current version will always be posted at http://ElectricalPEreview.com/terms-of-use. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Services after such modifications will constitute acknowledgment and acceptance of the modified Terms.
YOUR USE OF THE SERVICES
1. Eligibility. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
2. Email. You acknowledge that we will use the email address you provide as the primary method for communication.
3. Accurate Information. To access this site, site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide will be correct, current, and complete.
4. International Use. Although the Services may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access the Services from other locations do so on their own initiative and at their own risk. If you choose to access the Services from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with the Services is void where prohibited.
5. Security of Account. Your account is for your use only. You agree to (1) try to choose a strong and secure password, (2) keep your password secure and confidential, and (3) not share your account or your password with others. You accept full responsibility for all activity conducted through your account. You agree to notify us immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. We expressly disclaim any and all liability for the accessing of any such data communications by unauthorized persons or entities.
6. Personal and Non-Commercial Use Limitation. The Services are for your personal and non-commercial use, unless otherwise specified. You may not use the Services for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Company. You represent and warrant that you are not an agent, employee, contractor, or owner of any test preparation company.
1. Paid Features. The Services may include paid or subscription-based features (“Paid Features”). You must provide us with your current credit card information to use the Paid Features
2. Authorized Credit Card Holder. By providing your credit card information to us or to one of our payment processors, you represent that you are the authorized user of the card, PIN, key or account associated with that credit card.
3. Billing Authorization. By subscribing to or paying for a Paid Feature, you authorize us to charge your credit card on a one-time or monthly basis for your use of the Paid Features according to the rates posted on the Site. You understand and agree that we will charge and process your fees using a third-party payment processor. We may also require you to provide your address or other information in order to comply with our obligations under applicable tax law.
You also agree to allow us to charge your credit card, as needed, for other charges that you may accumulate in connection with your use of the Paid Features.
For subscription-based Paid Features, we will automatically bill your credit card each month on the day that corresponds with the start of your subscription (each such month, a “Billing Cycle”). If you subscribed on a date not contained in a given month, we will bill your credit card on the last day of that month. For example, if you became a subscriber on January 31, we will bill your credit card on February 28 for the following billing cycle.
Changing your credit card information may change the day on which you are billed. You acknowledge that the amount billed each Billing Cycle may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your credit card for the corresponding amounts.
We reserve the right to adjust pricing in any manner and at any time as we may determine in our sole and absolute discretion. For subscription-based Paid Features, we will notify you of any price changes to your subscription. Any changes to our subscription pricing will take effect following email notice to you. We will not be able to notify you of changes in any applicable taxes.
Third Party Fees
The issuer of your credit card may charge you a foreign transaction fee or other charges for payments to us. It is your responsibility to check with your credit card issuer regarding these details.
Payment Information and Billing
1. Editing Personal Information. You have the ability to control and edit the billing information you provide to us by signing into your account and clicking on the “YOUR ACCOUNT” page.
2. Current Billing Information Required. You must provide us with your current billing information, and you are responsible for ensuring its accuracy. You are responsible for any charges associated with an expired card, insufficient funds, or additional charges that incur for any other reason.
3. Changed Billing Information. In the event that you change card or billing information, you continue to be responsible to pay the uncollected amounts and authorize us to continue billing your new card, as it may be updated.
Canceling Your Subscription
For subscription-based Paid Features, you may cancel your subscription at any time and for any reason. Visit the “YOUR ACCOUNT” page and follow the directions for cancellation. Except as described in the paragraph of this Section, cancellations are subject to our no refund policy listed below.
1. NO REFUNDS. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING CYCLES. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing cycle or up until the date of the upcoming PE exam. Access to the Service automatically ends on the date of the upcoming PE exam for all paid subscriptions regardless of the billing cycle. No partial refunds are given for loss of access to the Service that occurs due to reaching the date of the upcoming PE exam regardless of when the date of the upcoming PE exam occurs in relation to the current billing cycle.
2. Repeating the Test Preparation Program. We stand by the quality of our test preparation program. If you take the PE exam and do not pass, we will let you use the Services again one time free of charge for a duration of access equal to your previous paid amount for the following PE exam cycle only. For example, if you paid for three months of service for the April PE exam and did not pass, we will let you use the Service again one time free of charge equal to three months leading up to the date of the following October PE exam. Within three months of completing our program and taking the test, notify us of your score and that you would like to repeat the program. We will register you for the same program for the next administration of the test at no charge.
1. Proprietary Information. All content found on the Site and the Services (the “Content”) is the copyrighted and trademarked intellectual property of Company or its licensors. No rights or title to any of the works contained on the Site or the Services shall be considered transferred or assigned to you.
2. Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, display, send, perform, publish, license, create derivative works from, transfer, sell, or distribute any Content in any form or by any means whatsoever without prior written permission from us. THIS INCLUDES ALL PRINTED MATERIAL FROM THE SERVICE USED AS REFERENCE MATERIAL FOR THE EXAM, YOU MAY NOT COPY, REPRODUCE, MODIFY, REPUBLISH, UPLOAD, POST, TRANSMIT, DISPLAY, SEND, PERFORM, PUBLISH, LICENSE, CREATE DERIVATIVE WORKS FROM, TRANSFER, SELL, OR DISTRIBUTE ANY CONTENT IN ANY FORM OR BY ANY MEANS WHATSOEVER TO ANOTHER PERSON, DOING SO WILL BE CONSIDERED A GROSS VIOLATION OF COPYRIGHT AND INTELLECTUAL PROPERTY INFRINGEMENT THAT WILL MOST LIKELY RESULT IN LEGAL ACTION.
Trademarks and Copyrights
Trademarks, service marks, logos, and copyright works appearing on the Site or the Services are and will remain the exclusive property of Company and its licensors. Nothing in the Terms gives you a right to use the ElectricalPEreview name or any trademark, logo, domain name, or other distinctive brand feature of the Site or the Services.
USE OF COMMUNICATION SERVICES.
The Services may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. You agree that you will not post comments, messages, links, code or other information on the Site or any Communication Service that
1. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
6. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
7. impersonates any person or entity, including any of our employees or representatives;
8. harvests or otherwise collects information about others, including e-mail addresses, without their consent;
9. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
10. solicits funds, advertisers or sponsors for any purpose;
11. violates NCEES confidentiality agreements
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to:
1. breaches or violations of the Terms or other incorporated agreements or guidelines,
2. requests by law enforcement or other government agencies,
3. a request by you (self-initiated account deletions),
4. discontinuance or material modification to the Site (or any portion thereof),
5. unexpected technical or security issues or problems,
6. extended periods of inactivity,
7. nonpayment of any fees owed by you in connection with the Services,
8. you create risk or possible legal exposure for us, or
9. our provision of the Services to you is no longer commercially viable.
Termination of your account may include removal of access to all offerings within the Site; deletion of your information, files and User Content associated with or inside your account; and barring of further use of the Services. Further, you agree that all terminations for cause shall be made in our sole discretion and that we will not be liable to you or any third party for any termination of your account or access to the Site or the Services.
In the event of termination, we will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
Upon termination of your account, your right to use the Services and to access the Site and any Content will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Company, including without limitation any indemnification obligations contained herein.
DISCLAIMERS, WARRANTIES AND LIMITATIONS OF LIABILITY
1. Limitation of Liability. You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Services is to request that your account be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO COMPANY DURING THE PRIOR THREE MONTHS IN QUESTION.
1. Internet Delays. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.
2. Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AUTHORIZED REPRESENTATIVE OF COMPANY WILL CREATE A WARRANTY.
3. Exclusions and Limitations. Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
4. Results not Guaranteed. Although we work hard to provide quality courses, you understand and acknowledge that we cannot promise or guarantee specific results from using the Services.
5. Third-Party Websites. The Site may contain links to third party websites or resources that are outside our control and not covered by these Terms. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Company disclaims (a) all responsibility and liability for content on third-party websites and (b) any representations or warranties as to the security of any information (including but not limited to credit card and other personal information) that you might be requested to give any third party, and you hereby irrevocably waive any claim against Company with respect to such sites and third-party content.
6.Indemnification. You agree to indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the Indemnified Parties) harmless from any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
JURISDICTION AND CHOICE OF LAW; ARBITRATION
You expressly agree that Your rights and obligations, these Terms, and any disputes related thereto shall be governed by and interpreted in accordance with the laws of the State of Florida, excluding its choice of law rules. Unless submitted to arbitration as set forth in the following paragraph, any claim or dispute between you and Company that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Hillsborough County, Florida. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and our policy about responding to notices in our Copyright Policy.
2. No Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
3. Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.
4. Force Majeure. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, labor disturbance, war, fire, accident, or governmental act or regulation.
5. Assignment. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. All of our rights and obligations under these Terms are freely assignable by us in whole or in part at any time without your consent.
6. No Third-Party Beneficiaries. These Terms do not confer any third party beneficiary rights.
7. Reservation of Rights. We reserve all rights not expressly granted to you.
The Site and the Services are operated by Electrical PE Review, Inc. (referred to herein as “Company,” “We,” “Us”, or “Our”). You may contact us directly by e-mailing email@example.com should you have any questions regarding this policy.