SUBSCRIPTION PURCHASE AGREEMENT
Definitions:
Seller: ContinuingEducationLinks.com. LLC
Buyer: Any person who successfully purchases a subscription password/registration with
ContinungEducationLinks.com,LLC website for the purpose of posting course descriptions with
intention of soliciting interest and/or registrations for the courses by the users of the web
site.
This Agreement is entered
into between Continuingeducationlinks.com, LLC, 13872 Bagley Road, Middleburg Heights, Ohio 44130 (referred to as “Seller”) and Buyers. In consideration of
the terms and conditions in this Agreement, the parties agree as follows:
1. PAYMENT
In
consideration of payment by Buyer in the amount required to purchase a subscription password/registration for the use of the Seller’s web site, Seller authorizes Buyer to
use the Password provided as a result of the Seller’s Provider Registration
Process. Payment is to be made by Buyer via PayPal, and is subject to the
terms and conditions of that entity. Payment will not be refunded to Buyer for
any reason.
2. TERM OF THE
AGREEMENT
This
Agreement and the accompanying subscription password is effective from the date that the
subscription is processed in full until its termination date as determined by
the term of the subscription purchased.
3. COURSE OFFERINGS
The
subscription password entitles Buyer to post continuing education course offerings on Seller’s Web site,
ContinuingEducationLinks.com, LLC during the term of the Agreement. A Course
Offering is an educational class provided by Buyer, which is applicable to
licensure of various healthcare professions and is designed to fulfill
healthcare professional licensure requirements. Course Offerings are not to be
gratuitously sexually explicit, promote illegal activities, promote violence,
promote discrimination, or violate intellectual property rights. Seller
reserves the right in its sole discretion, to reject Course Offerings, which do
not meet the standards herein stated.
4. SUBSCRIPTION & PASSWORD
RENEWAL
Buyer
may renew its Subscription/Password prior to the expiration date by (a)
notifying Seller in writing; and (b) paying the renewal fee required for the
re-activation of selected subscription option to Seller via PayPal.
5. POSTINGS ON OUR
SITE
Buyer
may post Course Offerings on Seller’s Web site during the term of the
subscription password. Buyer is responsible for providing a description or other reference
for each Course Offering, its price, location, date(s) offered, and other
pertinent information. Buyer shall not include a link to its Web site or any
graphic, which identifies Buyer. Seller is not liable to Buyer for any
postings, which do not follow the Web site format. Seller may modify this
format from time to time.
6. MODIFICATION OF
AGREEMENT
This
Agreement may be modified only in writing signed by both parties.
9. RELATIONSHIP OF
PARTIES
Buyer
and Seller are independent contractors. Nothing in this Agreement creates any
partnership, joint venture, agency, franchise or employment relationship.
10. LIMITATION OF
LIABILITY
SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND REGARDLESS OF WHETHER OR NOT BUYER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. BUYER HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE IT OF AN ADEQUATE REMEDY. IN ADDITION, SELLER’S TOTAL LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL PASSWORD FEES PAID BY BUYER.
11. DISCLAIMER OF
WARRANTY
WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS AGREEMENT, THE SUBSCRIPTION PASSWORD OR ANY PRODUCT. WE MAKE NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR IMPLIED WARRANTY ARISING OUT OF A COURSE OF PERFORMANCE, TRADE OR USAGE. ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY US AND WAIVED BY YOU.
12. ASSIGNMENT
Buyer may not
assign this Agreement. Seller may assign this Agreement in its sole
discretion.
13. SEVERABILITY
In the event any
provision of this Agreement is determined to be invalid, illegal or otherwise
unenforceable, such provision shall be deemed to have been deleted from this
Agreement. The remainder of this Agreement shall remain in full force and effect
according to its terms.
15. CHOICE OF LAW AND
FORUM
The validity,
construction and performance of this Agreement shall be governed by the laws of
the United States and the State of Ohio as if entered into and fully performed
entirely within such state. All disputes under this Agreement shall be brought
in Cuyahoga County, Ohio.