As used herein, the phrase “Terms and Conditions” shall mean all of the terms and conditions set forth below, together with the description, pricing and other aspects of the applicable products and services found at learn.icaschool.com that you order from Edcetera for Home Inspection (“Edcetera for Home Inspection”, “we’ or “us”). The Terms and Conditions shall apply to your purchase of a Edcetera for Home Inspection product membership plan (a “membership”), its related products and services, and use of Edcetera for Home Inspection’s Websites. Please read the Terms and Conditions carefully before registering for any membership or using the Websites in any manner.
These Terms and Conditions apply to the Edcetera for Home Inspection websites and include, without limitation, related mobile sites, microsites, Edcetera for Home Inspection profiles and social media sites and any other digital services operated or used by Edcetera for Home Inspection (collectively referred to as the “Websites”).
- Membership Status and Contract Formation. By registering for a membership, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
- License. Subject to the other provisions set forth herein, Edcetera for Home Inspection grants you a nonexclusive, non transferable license to use the Websites and the services therein subject to these Terms and Conditions for a period beginning on the date we accept your order and ending on the earlier of: (a) the date the applicable membership ends pursuant to the specific terms and conditions of the applicable membership that you order on learn.icaschool.com; or (b) the date your membership is terminated pursuant to other specific terms set forth herein. It is your sole responsibility to properly protect your login information, including your username and password, from use by third parties. You may use the Websites and Edcetera for Home Inspection Content (as defined below) for your noncommercial personal use and for no other purpose. Individual accounts are for that individual only. Sharing of accounts is a material breach of these Terms and Conditions and shall result in the immediate cancellation of your membership and account without refund. Individual accounts are for that individual only.
- Indemnity. To the fullest extent permitted by applicable law, you shall defend, indemnify, and hold us harmless from and against all claims arising from or in any way related to use of the Websites and/or related products by you, a violation by you of these Terms and Conditions and/or the membership plan, or any other actions connected with your use of Edcetera for Home Inspection’s products and services.
- User Obligations. As a precondition to use the Websites and obtain a membership, you warrant and guarantee that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of Edcetera for Home Inspection’s Websites (and related products and services) and not interfere with the use and enjoyment of the Websites by other users or interfere with Edcetera for Home Inspection’s operation and management of the Website. You unconditionally agree that you will not use the Websites to upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto:
(a) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) that contain any unsolicited or unauthorized advertising, promotional materials or spam;
(e) that contain any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) that may intentionally or unintentionally violate any applicable local, state, national or international law; and/or
(g) that is prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Edcetera for Home Inspection or others.
- Subscription Renewal. When you purchase one of our 12-month Premium memberships, you will not be enrolled in an auto-renewal service. That is to say (and unless prohibited by applicable law), your membership can only be manually renewed at the end of each membership term at the membership price then in effect, using the credit/debit card you have provided. You can cancel your membership simply by not renewing. You will also receive a reminder approximately thirty days in advance of subscription expiration. Your credit card or other method of payment will be charged only when you manually renew your subscription at the start of each new term, at the rate stated in the notice and/or on the renewal page. Subject to applicable law, we reserve the right not to renew your membership at any time for any reason.
- Cancellation. You may cancel your membership and receive a full refund at any time within thirty (30) days of purchase. However, if you have received any continuing education (“CE”) credits during this 30-day window, you are not eligible for any refund. An automatically renewed term may be canceled for a full refund within the first thirty (30) days of the renewal term. However, if you complete a course and/or take a test to receive your CE credits during said thirty (30) day period, there is no refund. To cancel your membership within the time period(s) allowed, contact our Customer Service department or log into your customer account through learn.icaschool.com. Your failure to adhere to the Terms and Conditions may also result in the cancellation of your membership by us without refund.
- Attendance of Live Webinars. In order to attend live webinars, you must register in accordance with our standard procedures for such events.
- Verification of Technical Information and Course Qualification. It is your responsibility to verify that any CE course completed through the Websites qualifies for CE credit in your state. While we believe that the information contained on Edcetera for Home Inspection and any CE course offered through Edcetera for Home Inspection is accurate at the time it is posted to the Websites, there are frequently new discoveries and changes to accepted industry practices. Additionally, some of the Content may be the expressed professional opinion of the speaker. It is your responsibility to verify that the information provided is still accurate and up-to-date. We make no guarantee that your use of the information or techniques contained in or demonstrated in any CE course offered through Edcetera for Home Inspection will be successful. Further, reviewing of CE program materials is not a substitute for all aspects of in-person training, where the trainer is able to evaluate your skills in using the techniques demonstrated. You are responsible for confirming all technical information against industry literature as needed.
- Trademarks and Copyrights: Content. The Content of Vecetera includes, without limitation,
(a) Edcetera for Home Inspection’s trademarks, service marks, logos, brands, and brand names, and trade names (collectively “Edcetera for Home Inspection Marks”);
(b) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, and photographs; and
(c) the design, structure, selection, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Websites (the items identified in subsections (a) (b) and (c) shall be collectively referred to herein as “Edcetera for Home Inspection Content” or “Content”).
Edcetera for Home Inspection Content is the property of Edcetera for Home Inspection, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Edcetera for Home Inspection Content by you, or by you through any other person or entity, is strictly prohibited and unlawful unless express written consent is separately obtained from the owner of such Content. You may not alter, delete, obscure or conceal any copyright or other notices appearing in any Edcetera for Home Inspection Content.
- Interruptions in Service. There is no guarantee of a minimum number of live webinars or programs during the term of any membership, and live events are subject to cancellation based on minimum attendance requirements and other factors that may be outside of our control. While every effort is made to keep our Websites and your access to content up and running 24/7 (other than for scheduled maintenance), there can be no guarantee of uninterrupted service and we take no responsibility for, and will not be liable for, our Websites being temporarily unavailable due to technical issues beyond our control.
- Price and Payment Method. The prices for our memberships and the offering and acceptance of promotions, vouchers, or discounts (including for any renewal periods) are made at our absolute discretion and are subject to change. Payment for all products and services must be made by credit or debit card. We accept payment with Visa, Mastercard, American Express, and Discover. We reserve the right to change the payment methods we accept at any time.
- Use of Website and Content outside of the United States. Edcetera for Home Inspection makes no claims regarding access or use of Edcetera for Home Inspection’s Websites or the Edcetera for Home Inspection Content outside of the United States. If you use or access the Websites or the Edcetera for Home Inspection Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction as well as these Terms and Conditions.
- Warranty. We warrant to you that your purchased membership will conform with its description on our Websites and be reasonably fit for the purposes for which products and services of that kind are commonly supplied. YOU AGREE TO USE OUR PRODUCTS AND SERVICES AT YOUR OWN RISK. Edcetera for Home Inspection DOES NOT GUARANTEE THAT YOUR USE OF OUR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. OTHER THAN AS EXPRESSLY WARRANTED IN THESE TERMS AND CONDITIONS, THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR SUBSCRIBER’S USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. WE DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NON INFRINGEMENT.
- Liability. OUR ENTIRE LIABILITY ARISING FROM THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE THEN EXISTING PRICE FOR YOUR MEMBERSHIP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Edcetera for Home Inspection SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF THIS AGREEMENT.
- Written Communications. Applicable laws require that some of the information or communications we send to you should be in writing. When using our Websites, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Websites. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- Transfer of Rights and Obligations. This agreement is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, subcontract or otherwise dispose of this agreement, or any of our rights or obligations arising under it, at any time during the term of this agreement.
- Intellectual Property Rights. We are the owner or the licensee of all intellectual property rights as to our Websites, the material and contents on our site, and all live in-person and online programs and workshop materials, whether registered or unregistered. These works are protected by copyright laws and all such rights are reserved. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.
- Third Party Information, Advertisements and Websites: Exclusion of Liability. Use of the Internet and the Website is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, Edcetera for Home Inspection does not and cannot guarantee the confidentiality or security of any communication or other material transmitted to or from the Website over the Internet or other communication networks. The Website may contain advertisements, but the inclusion of advertisements on the Website does not imply endorsement of the advertised products or services. Edcetera for Home Inspection shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Website. The Website also may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Website are those of the respective third party and not of Edcetera for Home Inspection or its affiliates. Edcetera for Home Inspection makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products. Please note that some of the links listed on this site may contain affiliate links.
- Events Outside Our Control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement or with respect to a membership that is caused by events outside of our reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: pandemics, strikes, civil commotion, riot, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, flood, earthquake, or other natural disaster.
- Waiver. If we fail, at any time during the term of this agreement, to insist upon strict performance of any of your obligations under this agreement or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this agreement, such failure will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- Entire Agreement; Severability. These Terms and Conditions and any instruments or materials expressly referred to herein constitute the entire agreement between us with respect to your membership and supersede all previous discussions, correspondence, negotiations, arrangements, understandings or agreements between us relating to your membership. You acknowledge that, in entering into this agreement, you have not relied on any representation or warranty that are not set out in these Terms and Conditions or referenced herein. If any of these Terms and Conditions or any provisions of this agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Our Right to Vary These Terms and Conditions. We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the Terms and Conditions in force at the time that you purchase your membership from us, unless any change to those Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to all purchases previously placed by you), or if we notify you of the change to those Terms and Conditions before your next renewal and you do not cancel such renewal (in which case we have the right to assume that you have accepted the change to the Terms and Conditions). If you are offered a payment plan for a yearly membership, that offer is only valid for the term of that membership and that payment plan may not apply to future memberships.
- Termination. Edcetera for Home Inspection may terminate your account, and remove and discard any of your content, at any time without notice, for any reason. We will not be liable to you or any third-party for any termination of your access to the Website. You may also delete or disable your account at any time. Your obligations to us, our affiliates and our respective third party service providers relating to your use of the Websites and/or products purchased on or through the Websites prior to termination shall continue after termination.
- Law and Jurisdiction. You agree that all matters relating to these Terms and Conditions (including, but not limited to your access to or use of the Websites), including all disputes, will be governed by the laws of the State of Wisconsin without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Waukesha County, Wisconsin, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.