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OnlineEd Website Privacy Policy and Terms of Use

PRIVACY POLICY

Last updated: August 11, 2022

Introduction

OnlineEd, LLC (“OnlineEd” or “We” or “Us”) respects your privacy and is committed to protecting your personal information.

This Privacy Notice describes the types of information we may collect from you or that you may provide when you interact with OnlineEd, whether through visiting our website at OnlineEd.com (our "Website"), through your account with OnlineEd, or any other way you may interact with OnlineEd. In this Privacy Notice, we describe our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you are an OnlineEd customer, you must agree to this Privacy Notice as a condition of your registration. If you are not an OnlineEd customer, and you do not agree with our policies and practices, your choice is not to use our Website or otherwise interact with our services or products. When you access or use our Website, you agree to the policies described in this Privacy Notice.

I. Information We Collect About You and How We Collect It

We collect several types of information from and about our customers and other users of our products and services, including all visitors to our Website irrespective of their registration with OnlineEd.

The types of information we collect include information:

  • By which you may be personally identified, such as your name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information");

  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  • Directly from you when you provide it to us, such as when you register for a course or purchase products directly from us;

  • Automatically as you navigate through our Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

A. Information You Provide to Us

The information we collect on or through your OnlineEd account, your use of our Website, or the use of our other products and services may include:

  • Information that you provide to us as part of your registration with OnlineEd.

  • Information that you provide by inputting information to question boxes on our Website. This includes information provided at the time of posting material or requesting further services. We may also ask you for information when you register for services such as course enrollment, and when you report a problem with our Website.

  • Information that you provide regarding any course(s) which you choose to enroll in and attend. Certain courses may require you to further provide information about attendance and progress.

  • Records and copies of your correspondence (including email addresses) if you contact us.

  • Information that you provide to us in the course of your interaction with our customer services or technical support staff when you call us or access services.

  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website. Please be advised, however, that OnlineEd does not receive or store your credit card number.

  • Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. While we may provide certain options for your security and privacy if you make User Contributions, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

B. Information We Collect Through Automatic Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

  • Information about your device and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways. It helps us to better diagnose server issues, improve administration of our Website, protect against fraudulent activities, and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Website according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

  • Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit OnlineEd, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Do Not Track (“DNT”) is a feature in some web browsers by which users can request that online services, including website providers and online advertisers, do not track the user's web browsing activities. Our Website does not currently respond to DNT requests transmitted by web browsers.

II. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.

  • To provide you with information, products, or services that you request from us.

  • To ensure regulatory compliance with various attendance and progress requirements for educational courses and programs.

  • To fulfill any other purpose for which you provide it.

  • For other purposes relating to your account with OnlineEd, such as to provide you with notices about your registration, including expiration and renewal notices.

  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

  • To notify you about changes to our Website or any products or services we offer.

  • To allow you to participate in interactive features on our Website.

  • To contact you about goods and services that may be of interest to you.

  • In any other way we may describe when you provide the information.

  • We may anonymize your information, either by aggregation, deidentification, or any other method by which the information is no longer capable of reasonably being linked to you. Information that is anonymized is not subject to this Privacy Notice.

  • For any other purpose with your consent.

A. Disclosure of Your Information

We may disclose without restriction any information that is not personal information, including anonymized information (such as aggregated, deidentified, or otherwise anonymized information) about our users.

We may disclose personal information that we collect or you provide as described in this Privacy Notice:

  • To our parent company, subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

  • To direct business partners to provide the products and services that you have purchased, whether you directly purchase through OnlineEd or were referred from another service or party with which you engaged.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of OnlineEd, our customers, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

B. Choices About How We Use and Disclose Your InformationWe strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or not function properly.

  • Promotional Offers from OnlineEd. If you do not wish to have your email address used by OnlineEd to promote products or services, you can opt-out by using the Unsubscribe link found at the bottom of the respective promotional email, or by calling us at (866) 519-9597. Please be advised that if you are a registered customer and choose to opt-out of receiving promotional offers from OnlineEd, this could affect your ability to receive other e-mail communications that are sent to customers of OnlineEd.

We do not allow third parties to collect your information when you use our Website. Notwithstanding, you can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website at www.networkadvertising.org. Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request by calling us at (866) 519-9597 or emailing mail@OnlineEd.com using the subject line “Nevada Privacy Opt-Out.” However, please know we do not currently sell data triggering that statute's opt-out requirements.

III. Data Security and Retention

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers behind firewalls. Certain information, such as payment details, are further protected with encryption technologies.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our products or services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to us via the internet, including information submitted to us through our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in any of our products or services.

With regard to retention, your information is stored on our servers, and on the servers of the cloud-based database management services which we utilize. We retain data for the duration of the customer's business relationship with OnlineEd and for a period of time thereafter to allow customers to recover accounts if they decide to renew and to analyze the data for our internal business operations.

IV.Miscellaneous Provisions

A. Changes to Our Privacy Notice

It is our policy to post any changes we make to our Privacy Notice on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the Privacy Notice was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Notice to check for any changes.

B. Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to OnlineEd. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please email us at mail@OnlineEd.com, or write to us at 7405 SW Beveland Road, Portland, OR 97223, Attn: OnlineEd Privacy Team.

C. California Privacy Rights

OnlineEd is not subject to the requirements of the California Consumer Privacy Act or any amendment thereto via the California Privacy Rights Act.

Contact Information

Questions or comments about this Privacy Notice can be sent by email at mail@OnlineEd.com, by telephone at (866) 519-9597, or by mail at 7405 SW Beveland Road, Portland, OR 97223, Attn: Privacy Team.

TERMS OF USE

Introduction

As described in greater detail below, this document sets forth the terms of use (“Terms of Use") which apply to usage of all websites located at the domain www.OnlineEd.com (the “Site"). These Terms of Use contain a binding arbitration clause and a class action waiver in Section 5.5. Because your legal rights may be impacted, we recommend that you carefully read those provisions.

Information about data collection and sharing practices can be found by visiting the Privacy Notice.

If you would like further information, please visit the Contact Us page to select your preferred method of communication.

1.1 Acceptance of the Terms of Use

BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, and your assent forms an agreement with OnlineEd, LLC (“OnlineEd") regarding all provisions contained in these Terms of Use. If you do not agree to be legally bound by these Terms of Use, you are prohibited from using the Site in any manner.

1.2 License to Use the Site

As long as you comply with these Terms of Use, OnlineEd grants you a limited, non-exclusive license to use the Site and its content for personal and non-commercial use only.

1.3 Modification of Terms

OnlineEd reserves the right to change, add or remove portions of these Terms of Use, at any time. Any such modification shall become effective immediately upon posting. It is your responsibility to review the Terms of Use prior to each use of the Site. By continuing to use the Site, you agree to the most recently posted Terms of Use.

1.4 Additional Terms and Conditions

In addition to these Terms of Use, certain sections of the Site, such as course catalogs and Enrollment Agreements, may also contain terms and conditions. In the event that any additional terms and conditions are inconsistent with these Terms of Use, the additional terms and conditions shall control.

1.5 Rule Variance by Jurisdiction

Licensing and course requirements vary by state. These Terms of Use do not provide state-specific rules. Instead, OnlineEd furnishes course catalogs and Enrollment Agreements which provide rules for specific states. If you seek state-specific information, please consult those documents. You can also learn more about the requirements of a particular state by consulting the relevant regulatory agency in that state.

1.6 Technology

A. Requirements

A computer and an internet connection are necessary for course delivery and completion. A printer is required to print completion certificates.

B. Account Security

You may be required to register an account (by setting up a username and password) with OnlineEd to access certain portions of the Site. Your account shall only be used by you for the exclusive purpose of accessing the Site in your individual capacity. You agree not to allow unauthorized access to your account by transferring, lending, or otherwise sharing your username or password with any third party.

You are responsible for maintaining the confidentiality of your account. You agree to immediately notify OnlineEd of any unauthorized use of your username or password, or any other breach of security related to your account or the Site, and to ensure that you “log off" from your account at the end of each session. OnlineEd is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

C. Support

OnlineEd offers a technical support staff available to assist with navigation of the Site and the course registration process.

2.1 Ownership of Site Content

The Site belongs solely and exclusively to OnlineEd and its licensors. Consequently, all courses, materials, information, images on the Site (collectively, “Site content") is owned, controlled or licensed by OnlineEd.

2.2 Accuracy and Modification of Site Content

Although it takes reasonable steps to maintain and update Site content, OnlineEd makes no representation or warranty regarding the accuracy of Site content. Furthermore, OnlineEd reserves the right, in its sole discretion, without prior notification or consent, to modify Site content, at any time.

2.3 Purpose of Site Content

All Site content is for informational and educational purposes only. Nothing on the Site shall constitute legal, accounting, tax, or professional advice.

2.4 Site Content is Protected by Law

All Site content is protected by applicable federal, state, and local laws, including but not limited to copyright, trademark, and trade dress laws. OnlineEd avidly protects its intellectual property and will prosecute all infringements to the maximum extent of the law.

A. Copyright

In addition to the above protections regarding Site content, copyright protection also extends to all the following components of the Site: design, text, graphics, coding, scripting, and all custom software used in the delivery, operation or presentation of the Site.

Unauthorized reproduction of Site content constitutes copyright infringement. Under the Federal Copyright Act, an infringer can be ordered to pay substantial damages, attorney's fees and costs. See 17 U.S.C. §§ 504-505. In certain instances, infringement is considered a federal crime, punishable by a fine and up to 10 years in prison. See 18 U.S.C. § 2319.

B. Trademark

OnlineEd is registered with the United States Patent and Trademark Office (Registration Number: 2,282,313). OnlineEd, OnlineEd.com, the OnlineEd stylized logo text, "We put the dot com in continuing education", "Educating the best in the business", along with all page headers, custom graphics and button icons on the Site are registered or unregistered service marks, trademarks and/or trade dress of OnlineEd.

OnlineEd is an affiliate member of the National Association of Realtors® (N.A.R.). As such, OnlineEd has been granted the limited right of use N.A.R. trademarks, trade dress or phrases. All other company names, logos, trademarks, and service marks on the Site are the property of their respective owners. No rights are granted by OnlineEd to use such marks.

2.5 Reproduction of Site Content

Site content may not be reproduced, sold, shared, published, or otherwise exploited for any purpose that is not expressly permitted by OnlineEd.

OnlineEd hereby grants limited and conditional permission to electronically copy and print portions of the Site for the sole purpose of reviewing course materials. However, permission is granted solely to the user who paid OnlineEd, and permission is limited solely to the materials which the individual paid OnlineEd to access; said materials may not be shared with third parties. All copies shall retain the copyright and any other proprietary notices contained on the original materials; no copies may be modified or edited. Any other reproduction of Site content, without the express written permission of OnlineEd, is strictly prohibited.

2.6 Linked Sites

The Site includes links to other sites operated by third parties. While OnlineEd takes reasonable steps to select and provide links that add value to the Site, OnlineEd is not responsible for the accuracy of content contained on any linked site, nor is OnlineEd responsible for intellectual property issues which may arise from a linked site. Furthermore, unless expressly indicated otherwise, OnlineEd does not endorse, approve, or otherwise warrant the accuracy of any information contained on a linked site. You should review the terms and conditions of use and the privacy policy of the linked site before using that site.

3.1 Participation in Educational Courses

You are authorized to use the Site in a manner consistent with its intended purpose of providing educational material to students. Broadly, authorized uses may include the following activities: searching for and viewing information, ordering products or services, enrolling in courses or programs, submitting payments, attending classes, working on assignments, taking examinations, printing completion certificates, and communicating with OnlineEd.

3.2 Payment & Refunds

OnlineEd makes available products and services for purchase through the Site. If you wish to purchase any product or service through the Site, you may be asked to supply certain payment information such as credit card details and billing/shipping address. You represent and warrant that you have the legal right to use any credit card(s) utilized in connection with any purchase through the Site. Verification of information may be required prior to the completion of any purchase.

OnlineEd accepts the following forms of credit card payments: Visa, Mastercard, Discover and American Express. All transactions are conducted through a secure server using encryption technologies. OnlineEd does not receive or store your credit card number in any format. Charges will show on your credit card statement as “OnlineEd."

Generally, OnlineEd does not issue refunds. However, refund policies can vary based on regulations that are unique to certain states. To learn state-specific details, please reference the applicable Course Catalog and/or Enrollment Agreement. Alternatively, state-specific requirements can be found by directly reviewing the relevant laws, rules, and regulations of a particular state.

OnlineEd may honor post-sale rebate requests for differences in product pricing due to promotions or coupons only if the request is made within three (3) business days of purchase. OnlineEd will not price-match a competitor's products after a purchase is made.

4.1 Illegal or Prohibited Use

You shall not use the Site for any purpose that violates any law, rule, or regulation of any federal, state, or local governmental entity. Moreover, you shall not use the Site for any prohibited purpose. A prohibited purpose generally causes some form of harm to OnlineEd or others. Examples of prohibited uses are identified below. However, the list is merely illustrative and is not intended to be exhaustive.

You may not use the Site in any manner that could damage, disable, overburden or impair the Site, any of OnlineEd's servers, or interfere with any other party's use of the Site. You may not attempt to gain any unauthorized access to the Site through hacking or any other means, or frame or copy the Site, or harvest or otherwise collect information about others without OnlineEd's prior written permission. You shall not attempt to obtain any content not intentionally made available through the Site. You shall not upload any files that contain Trojan horses, viruses, cancelbots, corrupted files, worms, or other programs or software that may damage or interrupt the websites, computers or software of OnlineEd or others.

4.2 Suspension or Termination

OnlineEd reserves the right, in its sole discretion, and subject to other provisions of these Terms of Use, to suspend or terminate your access to the Site for any reason, including but not limited to, your breach of these Terms of Use.

5.1 Disclaimer

CONTENT ON THE SITE IS PROVIDED “AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OnlineEd DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. OnlineEd DOES NOT WARRANT OR GUARANTEE THE ACCURACY, AVAILABILITY, RELIABILITY, ACCESS TO OR UNINTERRUPTED AND ERROR FREE OPERATION OF THE SITE.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OnlineEd BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, CONTENT, DATA OR PROGRAMS ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON THE SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED TO OR DOWNLOADED FROM THE SITE.

5.3 Indemnification

You agree to defend, indemnify and hold harmless OnlineEd from all actions, liabilities, losses, claims, damages, costs and expenses, including but not limited to, reasonable attorney's fees, resulting from your violation of these Terms of Use or alleged illegal use of the Site.

5.4 Governing Law

These Terms of Use shall be governed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.

5.5 Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS.

A. Arbitration

ALL CLAIMS AND DISPUTES INVOLVING THESE TERMS OF USE WILL BE SETTLED BY BINDING ARBITRATION, rather than in court. There is no judge or jury in arbitration, but an arbitrator can award the same damages and relief as a court. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and OnlineEd would have in court may not be available in arbitration.

The Federal Arbitration Act, 9 U.S.C. §1, et seq., and federal arbitration law shall apply to any dispute arising under the Terms of Use. Arbitration arising under the Terms of Use shall be administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration arising under the Terms of Use shall occur in the County of Los Angeles, California. Matters of arbitrability will be decided by the arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

B. Class Action Waiver

You agree that, with regard to these Terms of Use, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

C. Service of Process

In any action involving these Terms of Use, each party hereby authorizes and accepts service of process by registered or certified mail, return receipt requested, postage prepaid, or nationally recognized overnight courier. You hereby waive any objection in any such action based on lack of personal jurisdiction, improper venue or inconvenient forum.

5.6 How to Submit Copyright Claims

If you believe in good faith that any content on the Site infringes your rights under U.S. Copyright Law, you may send a notice to OnlineEd pursuant to The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 ("DMCA") requesting that OnlineEd either remove or disable access to the allegedly infringing material.

OnlineEd's designated agent can be contacted via e-mail at copyright@car.org, via phone at (213) 739-8336, or via mail at CALIFORNIA ASSOCIATION OF REALTORS, Attention: Copyright Attorney, 525 South Virgil Avenue, Los Angeles, CA 90020.

Please submit your notification to the above mail and/or e-mail address. See www.copyright.gov for proper notice requirements.

5.7 Notice for California Residents

California Civil Code Section 1789.3 entitles California residents to be provided with the following information.

If you have a question or complaint regarding the Site, you can contact OnlineEd via e-mail at webmaster@car.org, via phone at (213) 739-8200, or via mail at 525 South Virgil Avenue, Los Angeles, CA 90020.

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by telephone at (800) 952,5210, or by mail at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834.

6.1 Severability

If any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, then such provision shall be deemed severable from the remainder of the Terms of Use, and the remaining provisions shall continue in full force and effect.

6.2 Transferability

You may not assign, transfer or sublicense any or all of your rights or obligations under the Terms of Use, in whole or in part, without OnlineEd's express written consent. OnlineEd may assign, transfer or sublicense any or all of its rights or obligations under the Terms of Use without restriction.

6.3 Waiver

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

6.4 Construction

Any rule of construction that ambiguities are to be resolved against the drafting party shall not apply when interpreting the Terms of Use. The language in the Terms of Use shall be interpreted as to its fair meaning and not strictly for or against any party.

6.5 Reservation of Rights

All rights not expressly granted or addressed herein are reserved by OnlineEd.

6.6 Entire Agreement

The Terms of Use, together with all policies referred to herein, is the entire agreement between you and OnlineEd relating to the subject matter herein and supersedes any and all prior written or oral representations, agreements or understandings between you and OnlineEd relating to such subject matter.