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Read the Terms and Conditions of Service below, as
they cover the terms and conditions that apply to your use of the services
available to you on this website (the "Service," "Website," or "Site"). Gleim
Publications, Inc. and Gleim Internet, Inc. ("Gleim") may change the Terms and
Conditions of Service from time to time. By continuing to use the Service
following such modifications, you agree to be bound by such
modifications.
General Terms and
Conditions
In consideration of use of the Service, you agree to: (1) provide true,
accurate, current, and complete information about yourself, and (2) maintain
and update this information to keep it true, accurate, current, and complete.
If any information provided by you is untrue, inaccurate, not current, or
incomplete, Gleim has the right to terminate your account and refuse any and
all current or future use of the Service. You agree not to resell or transfer
the Service or use of or access to the Service unless a specific written
agreement to do so has been entered into by you and Gleim.
You acknowledge and agree that you must: (1) provide for your own access to
the Internet and pay any service fees associated with such access, (2) provide
and be responsible for operation of all equipment necessary for you to make
such connection, and (3) accept reasonable down times which may or may not be
within our control.
By using the gleim.com Website, including any applets, software, scripts,
and content contained therein, you agree that use of the Service is entirely at
your own risk.
THE SERVICE AND ALL SOFTWARE PROGRAMS ASSOCIATED THEREWITH IS PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS,
OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY,
GLEIM DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF
INFORMATION, PRODUCTS, OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTIES
OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION.
NEITHER GLEIM NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER
THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE
SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE 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, THE
RESPECTIVE LIABILITY OF GLEIM, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY SUCH STATE LAW.
Gleim is the owner and/or authorized user of any trademark, registered
trademark and/or service mark appearing at this Website, and is the copyright
owner or licensee of the content and/or information on this Website including
but not limited to any screens appearing on the Site. You may not download
and/or save a copy of any of the screens, except as otherwise provided in these
Terms and Conditions of Service, for any purpose. However, you may print a copy
of the information on this Site for your personal use or records. If you make
other use of this Site, except as otherwise provided above, you may violate
copyright and other laws of the United States, or other countries, as well as
applicable state laws and may be subject to penalties. Gleim does not grant any
license or other authorization to any user of its trademarks, registered
trademarks, service marks, or other copyrightable material or other
intellectual property, by placing them on this Website. Gleim reserves the
right to change any information on this Website including but not limited to
revising and/or deleting features or other information without prior notice.
Clicking certain links within this Website might take you to other websites for
which Gleim assumes no responsibility of any kind for the content,
availability, or otherwise. (See "Links from and to this Website" below.) The
content presented on this Site may vary depending upon your browser
limitations.
Third Party Provided Content
Some information on this Site, as well as reference materials or links to
other sites, are for general informational purposes only, and are not intended
to be relied upon for transactional purposes. Neither Gleim nor any of its
affiliates or content providers shall be liable for any errors or delays in the
content of such information or reference materials, or for any actions taken in
reliance thereon.
User Conduct On the Service:
While using the Service, you may not: restrict or inhibit any other user
from using and enjoying the Service; or post or transmit any unlawful,
fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening,
abusive, hateful, offensive, or otherwise objectionable information of any
kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any local, state, national, or foreign
law, including without limitation the U.S. export control laws and regulations;
or post or transmit any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities or schemes or other unsolicited commercial
communication (except as otherwise expressly permitted by Gleim), or engage in
spamming or flooding; or post or transmit any information or software which
contains a virus, trojan horse, worm, or other harmful component; or post,
publish, transmit, reproduce, distribute, or in any way exploit any
information, software, or other material obtained through the Service for
commercial purposes (other than as expressly permitted by the provider of such
information, software, or other material); or upload, post, publish, transmit,
reproduce, or distribute in any way, information, software or other material
obtained through the Service which is protected by copyright or other
proprietary right, or derivative works with respect thereto, without obtaining
permission of the copyright owner or rightholder; or upload, post, publish,
reproduce, transmit, or distribute in any way any component of the Service
itself or derivative works with respect thereto, as the Service is copyrighted
as a collective work under U.S. copyright laws.
Gleim has no obligation to monitor the Service. However, you acknowledge and
agree that Gleim has the right to monitor the Service electronically from time
to time to operate the Service properly or to protect itself or its subscribers
and to disclose any information as necessary or appropriate to satisfy any law,
regulation, or other governmental request. Gleim reserves the right to refuse
to post or to remove any information or materials, in whole or in part, that,
in its sole discretion, are unacceptable, undesirable, inappropriate, or in
violation of these Terms and Conditions of Service.
Failure to Comply With Terms and Conditions of Service and Termination:
You acknowledge and agree that Gleim may terminate your password or account
or deny you access to all or part of the Service without prior notice if you
engage in any conduct or activities that Gleim in its sole discretion believes
violates any of the Terms and Conditions of Service, violates the rights of
Gleim, or is otherwise inappropriate for continued access.
You acknowledge and agree that Gleim may in its sole discretion deny you
access through Gleim's Website to any materials stored on the Internet, or to
access third party services, merchandise, or information on the Internet
through Gleim's Website, and Gleim shall have no responsibility to notify any
third-party providers of services, merchandise, or information nor any
responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify, and hold Gleim and its affiliates harmless
from any and all claims, liabilities, costs, and expenses, including reasonable
attorneys' fees, arising in any way from your use of the Service or the
placement or transmission of any message, information, software, or other
materials through the Service by you or users of your account or related to any
violation of these Terms and Conditions of Service by you or users of your
account.
Links from and to this Website:
You acknowledge and agree that Gleim and any of its website affiliates have
no responsibility for the accuracy or availability of information provided by
linked sites. Links to external websites do not constitute an endorsement by
Gleim or its affiliates of the sponsors of such sites or the content, products,
advertising, or other materials presented on such sites.
Information in the many web pages that are linked to Gleim's Website comes
from a variety of sources. Some of this information comes from official Gleim
licensees, but much of it comes from governmental agencies or unofficial or
unaffiliated organizations and individuals, both internal and external to
Gleim. Gleim does not author, edit, or monitor these governmental agencies or
unofficial pages or links. You acknowledge and agree that Gleim shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods, or services available on such external sites or resources.
Other Information
Gleim is taking reasonable and appropriate measures, including encryption,
to ensure that your personal information is disclosed only to those specified
by you. However, the Internet is an open system and we cannot and do not
guarantee that the personal information you have entered will not be
intercepted by others and decrypted.
If you wish to make purchases through the Service, you may be asked by the
merchant or information or service provider from whom you are making the
purchase to supply certain information, including credit card or other payment
mechanism information. You agree not to hold Gleim liable for any loss or
damage of any sort incurred as a result of any such dealings with any merchant
or information or service provider through the Service. You agree that all
information you provide any merchant or information or service provider through
the Service for purposes of making purchases will be accurate, complete, and
current. The merchants and information and service providers offering
merchandise, information, and services through the Service set their own prices
and may change prices or institute new prices at any time. You agree to pay all
charges incurred by users of your account and credit card or other payment
mechanism at the prices in effect when such charges are incurred. You also will
be responsible for paying any applicable taxes relating to purchases through
the Service.
Miscellaneous
The Terms and Conditions of Service and the relationship between you and
Gleim shall be governed by the laws of the State of Florida without regard to
its conflict of law provisions. You and Gleim agree to submit to the personal
and exclusive jurisdiction of the courts located within the state of
Florida.
The failure of Gleim to exercise or enforce any right or provision of the
Terms and Conditions of Service shall not constitute a waiver of such right or
provision. If any provision of the Terms and Conditions of Service is found by
a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms and
Conditions of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or the Terms
and Conditions of Service must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Return Policy
Gleim Publications, Inc. guarantees the immediate refund of all resalable texts, unopened and un-downloaded
Test Prep Software, and unopened audios returned within 30 days. Online courses may be canceled within 30 days if no
more than the first study unit or lesson has been accessed. In addition, Online CPE courses may be canceled within 30
days if no more than the Introductory Study Questions have been accessed. This only applies to products that are purchased
directly from Gleim Publications, Inc. No refunds will be provided on opened or downloaded Test Prep Software or audios,
partial returns of package sets, or shipping and handling charges. Any freight charges incurred for returned or refused
packages will be the customer's responsibility.
Complaint Resolution Policy
For more information regarding administrative policies such as complaint and
refund, please contact our offices at (800) 874-5346.
Defective Items
If you believe your purchase is defective within the first 30 days of your
purchase, please call Technical Support at (888) 874-5346 or (352) 375-0772 or
go to http://www.gleim.com/support/. If
the Technical Support agent determines that your product should be replaced,
you will receive authorization to return the product.
Wrong Items Shipped
If you receive items you did not order, call (800) 874-5346 or (352)
375-0772. You will receive authorization to return the product.
Payment Methods
Credit Card
You may pay by credit card no matter which ordering method you use
(Internet, fax, mail, or phone). Gleim accepts Visa, MasterCard, American
Express, and Discover cards. Your credit card will be charged when your order
is shipped.
Check or Money Order
If you wish to pay by check or money order, you may order by phone at (800)
874-5346 and then mail payment to Gleim. The check or money order must be
payable to Gleim Publications, Inc. Mail your payment with a description of
your order and street address for shipping purposes to this address:
GLEIM PUBLICATIONS, INC. P.O. Box 12848 University Station Gainesville,
Florida 32604
Gleim must receive your payment within 30 days or your order will be
canceled. Gleim will ship your order approximately one business day after
payment is received.
UPS E-Mail Service
UPS will send your tracking number for your order by e-mail if your order is
shipped by UPS and you have given us your correct e-mail address. You may call
or e-mail Gleim at any time to confirm your order or to obtain proof of
purchase.
Sales Tax
Gleim will collect sales tax as may be required by law for items purchased
from Gleim at the statutory rate in effect at the shipping address. If you
order by phone, the Gleim sales agent will tell you the final total at the time
you place your order.
Tax Exempt Orders
If you are placing an order on behalf of a tax-exempt organization, please
call (800) 874-5346. Be prepared to provide proof of tax exempt status [501
c(3) certificate or equivalent] for the state where the product will be
shipped.
Shipping Information
Gleim attempts to ship all orders within one business day of receipt and
payment. Delivery time will vary depending on the shipment method chosen.
Prices
The price you will be charged is the price in effect on the day you place
your order, plus applicable sales tax and shipping charges. Gleim reserves the
right to change prices for products displayed on the Gleim Website at any
time.
Product Availability
Some products may be available in limited quantities. Gleim reserves the
right to restrict the number of such items that you may purchase. Gleim will
notify you as soon as practicable of limitations on product availability and
purchasing. This information is subject to change.
If Gleim cannot ship within 30 days from the date Gleim receives your
payment, we will notify you by mail and provide more specific information.
Software License Agreement
Unless otherwise stated, the terms and conditions set forth in the following
Software License Agreement shall apply to all software sold by Gleim through
this Website:
License. The software, documentation, and any fonts accompanying this
License whether on disk, in the form of an online course, in read only memory,
on any other media, or in any other form (the "Gleim Software") are licensed to
you by Gleim Publications, Inc. ("Gleim"). You may own the media on which the
Gleim Software is recorded but Gleim and/or Gleim's licensor(s) retain title to
the Gleim Software. The Gleim Software and any copies made under this License
are subject to this License. Permitted Uses and Restrictions. Unless otherwise
stated, this License allows you to install and use the Gleim Software on a
maximum of two computers. Except as permitted by applicable law and this
License, you may not decompile, reverse engineer, disassemble, modify, rent,
lease, loan, distribute, or create derivative works from the Gleim Software.
You, as the owner of a current license of a version of Gleim Software, may not
transmit the Gleim Software over a network unless written permission to do so
is specifically granted to you by Gleim. Your rights under this License will
terminate automatically without notice from Gleim if you fail to comply with
any term(s) of this License.
- This software is licensed for one (1) individual user.
- The licensee (user) should be the only person using the software.
- Each license allows the licensee to install this software onto a maximum
of two (2) computers owned or primarily used by the licensee.
Disclaimer of Warranty on Gleim Software. You expressly acknowledge and
agree that use of the Gleim Software is at your sole risk. The Gleim Software
is provided "AS IS" and without warranty of any kind and Gleim and Gleim's
licensor(s) (for the purposes of provisions 3 and 4, Gleim and Gleim's
licensor(s) shall be collectively referred to as "Gleim") EXPRESSLY DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. GLEIM DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE GLEIM SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE GLEIM SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE GLEIM SOFTWARE WILL BE CORRECTED.
FURTHERMORE, GLEIM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE GLEIM SOFTWARE OR RELATED
DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GLEIM OR AN
AUTHORIZED GLEIM REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THIS WARRANTY. SHOULD THE GLEIM SOFTWARE PROVE DEFECTIVE, YOU (AND
NOT GLEIM OR AN AUTHORIZED GLEIM REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
GLEIM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU. In no event shall Gleim's total liability to you for all damages
exceed the amount paid for this License. Export Law Assurances. You may not use
or otherwise export or reexport the Gleim Software except as authorized by
United States law and the laws of the jurisdiction in which the Gleim Software
was obtained. In particular, but without limitation, the Gleim Software may not
be exported or reexported into (or to a national or resident of) any U.S.
embargoed country or to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Department of Commerce's Table of
Denial Orders. By using the Gleim Software, you represent and warrant that you
are not located in, under control of, or a national or resident of any such
country or on any such list. SALES TO THE U.S. GOVERNMENT: The Licensed
Software Products provided under this Agreement are commercial computer
software programs developed exclusively at private expense. Use, duplication,
and disclosure by civilian agencies of the U.S. Government shall be in
accordance with FAR 52.227-19(c) or other agency data rights provisions, as may
be applicable. Use, duplication and disclosure by U.S. Government Department of
Defense agencies is subject solely to the terms of standard software License
Agreement as stated in DFARS 227.7202. The Contractor/ manufacturer is GLEIM
PUBLICATIONS, INC., Post Office Box 12848, University Station, Gainesville,
Florida 32604. Copyright. All rights reserved. Controlling Law and
Severability. This License shall be governed by the laws of the United States
and the State of Florida. If for any reason a court of competent jurisdiction
finds any provision, or portion thereof, to be unenforceable, the remainder of
this License shall continue in full force and effect. Any action arising out of
or related to this Software License Agreement shall be brought only under the
jurisdiction of a court located within the state of Florida. Complete
Agreement. This License constitutes the entire agreement between the parties
with respect to the use of the Gleim Software and supersedes all prior or
contemporaneous understandings regarding such subject matter. No amendment to
or modification of this License will be binding unless in writing and signed by
Gleim.
Other Terms and Conditions
Gleim is not responsible for typographical errors. Gleim reserves the right
to change the terms and conditions of sale on the Gleim Website at any time.
All sales on the Gleim Website are governed by Florida law, without giving
effect to its conflict of law provisions. No Gleim employee or agent has the
authority to vary any of the Gleim Website's policies or the terms and
conditions governing any sale.
GLEIM PUBLICATIONS, INC., Post Office Box 12848, University Station,
Gainesville, Florida 32604. Telephone 800-874-5346, 352-375-0772; FAX
352-375-6940; Internet http://www.gleim.com
GLEIM INTERNET, INC., Post Office Box 12008, University Station,
Gainesville, Florida 32604. Telephone 800-874-5346, 352-375-0772; FAX
352-375-6940; Internet http://www.gleim.com
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