Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Company's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Company's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Company's web site are provided 'as is'. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company's Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. The maximum amount of liability, regardless of either negligence or gross negligence is limited to the amount you invested for courses.
5. Revisions and Errata
The materials appearing on Company's web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.
Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Additional Terms and Conditions of Use
cRisk Academy is owned and operated by Mefford Enterprises, Inc. dba cRisk Academy, a California Corporation. cRisk Academy ("cRisk" or "cRisk Academy," "we," or "us") refers to employees, independent contractors, agents, and representatives ("our Team"). By using our websites and/or registering for learning opportunities and courses, you’re agreeing to these Terms.
We provide an online platform that you may use to browse and register for learning opportunities (the "Services," "Courses" or "Learning Opportunities"). We offer the Services through our websites (we’ll refer to it as the "Website").
The materials (“Content”) made available on the Website or via software (the “Software”) is for your personal, internal, non-commercial use and is intended for informational purposes only. You may not copy, modify, distribute, reproduce, sell, post, or otherwise use the Content in any form or on any medium, in whole or in part, without the prior written permission of cRisk Academy. We reserve the right to modify or remove the Content at any time and nothing in these Terms and Conditions provides you with any rights to the Content.
By registering for and participating in through the Website and Software, you acknowledge that cRisk Academy may record such sessions and that you consent to such recordings and cRisk Academy’s use of those recordings for promotional, training or other purposes.
In order to use cRisk Academy, you must:
- A. Be at least eighteen (18) years old and able to enter into contracts;
- B. Complete the registration process;
- C. Agree to the Terms; and
- D. Provide true, complete, and up to date contact information.
By using the Website, you represent and warrant that you meet all the requirements listed above, and that you won’t use cRisk Academy in a way that violates any laws or regulations. You also agree not to use cRisk Academy for any purpose it was not designed for. cRisk reserves the right to refuse service, cancel registration, and change eligibility requirements at any time.
The Term begins when you visit the Website and continues as long as you are a User. Clicking the registration button for any Learning Opportunity means that you’ve officially "signed" the Terms. If you sign up for a cRisk Academy Learning Opportunity on behalf of a group of attendees, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. CPE Policy
We are not a member of the NASBA national registry, so our CPE certificates typically do not include NASBA information.
We find that 99% of professionals do not require NASBA CPE (unless they are a Certified Public Accountant (CPAs) in a few states in the USA) and our training certificates are accepted by almost all organizations for Continuing Professional Education (CPE) credit (e.g. the Institute of Internal Auditors (IIA).
We follow international standards for the certification of individuals and provide you with a CPE certificate when you complete Learning Opportunities.
You are responsible for determining if our Learning Opportunities qualify and meet your individual CPE requirements.
5. Paid Learning Opportunities
Charges for Learning Opportunities, if any, are posted on our Website and may be changed from time to time. You agree to processing payment as part of the registration process. Registration information, and access to the Content, will be provided after payment processing is complete.
6. Credit Cards
You agree to provide us with valid credit card information and authorize us to deduct the charges, if any, against the credit card you provide. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email so that your payment can be processed. Failure to pay will result in the Learning Opportunities being removed from your account.
7. Cancellation and Refunds
Our cancellation and refund policy is intended to keep costs low for attendees. You will be eligible to receive a full refund if you meet the guidelines of our policy.
No refunds or credits will be given for cancellations received on or after the refund period
8. Complaint Resolution
Any complaints should be directed to cRisk Academy using the following contact methods:
- e-mail: [email protected]
- US Mail: cRisk Academy, PO Box 2710, Los Alamitos, CA 90720, USA
We will make every effort possible to investigate the cause of all complaints and to take any corrective action that may appropriate.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
10. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the Software used to provide Learning Opportunities. All intellectual property found on the Website, including, without limitation, patents, trademarks, service marks, logos and copyrighted material are the property of cRisk or third parties. Except as explicitly stated herein, you are not granted any license or other right to use such intellectual property without the prior written consent of cRisk Academy or the applicable third party owner.
If you believe copyrighted material owned by you or someone you represent is being infringed upon by the Website, please notify us at [email protected]
12. Right to Review Campaigns
We may view, copy, and internally distribute content from your account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws, and to make improvements to our Website and Systems.
RULES AND ABUSE
13. General Rules
You promise to follow these rules:
- You won't use our Service in an unintended or illegal way.
- You won't infringe on the intellectual property of cRisk Academy or our third parties.
If you violate any of these rules, then we may suspend or terminate your account.
14. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a cRisk user, we want to hear about it. If you think anyone has posted material that violates any copyrights. Please report it to [email protected]
15. Compliance with Laws
You represent and warrant that your use of cRisk Academy will comply with all applicable laws and regulations.
16. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website or Software. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. You agree to liquidated damages not to exceed the amount you paid for the Learning Opportunities, regardless of any negligence, gross negligence or liability on our part.
17. No Warranties
To the maximum extent permitted by law, we provide the material on the Website, and the Content as is. We don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, title, and non-infringement.
In addition, cRisk, disclaims any warranties regarding the accuracy or appropriateness of any of the Content. cRisk is not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of the Website, the Content or any arising out of or in any way connected with the use of the Website, the Content or any related software, products or services or with the delay or inability to use the Website, the Content, or for any information, software, products and services obtained through the Website, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if cRisk had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision.
19. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
20. Liquidated Damages
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages. You agree to liquidated damages not to exceed the amount you paid for Learning Opportunities.
21. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
22. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any presenters, sponsors, advertisers, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
26. Choice of Law
27. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, riots, fires, earthquakes, floods, strikes, power blackouts, unusually severe weather conditions, pandemics, terrorist acts, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
30. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
31. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions. You agree to all Terms or you don't use the Website.
32. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
33. Notification of Security Breach
In the event of a security breach that may affect you, we’ll notify you of the breach and provide a description of what happened.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. cRisk Academy, PO Box 2710, Los Alamitos, CA 90720, USA, or any addresses as we may later post on the Website.
35. Entire Agreement
Updated: 04 February 2022