1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You acknowledge that Utility Accounting Education Specialists will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Utility Accounting Education Specialists cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Thinkific will result in an immediate termination of your services.
2. Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. General Conditions
- Technical support is only provided to paying account holders and is only available via email.
- You may not use the Utility Accounting Education Specialists service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Utility Accounting Education Specialists.
- Questions about the Terms of Service should be sent to [email protected].
- You understand that credit card information is always encrypted during transfer over networks.
4. UAES Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Utility Accounting Education Specialists retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Utility Accounting Education Specialists reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
5. Limitation of Liability
- You expressly understand and agree that Utility Accounting Education Specialists shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Utility Accounting Education Specialists or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Utility Accounting Education Specialists partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- Utility Accounting Education Specialists does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Utility Accounting Education Specialists does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Utility Accounting Education Specialists does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- In no event will Utility Accounting Education Specialists’ aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the Utility Accounting Education Specialists Service individual course purchased.
6. Waiver and Complete Agreement
The failure of Utility Accounting Education Specialists to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Utility Accounting Education Specialists and govern your use of the Service, superseding any prior agreements between you and Utility Accounting Education Specialists (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
- You agree that you will not share the course content, your login information and password to a third party in order that they may view the course free of charge.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
8. Payment of Fees
- A valid credit card is required for course sign-up to process orders using a live payment gateway.
- Course fees are payable on order and courses will be made available for view once the fees have been paid.
- All fees are exclusive of applicable federal, state or local taxes, fees or charges now in force or enacted in the future (“Taxes”).
- If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some products and services, Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable products or services. Such amounts are in addition to fees for the products or services and will be billed to the credit card you use to pay for the Tproducts or services. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of Utility Accounting Education Specialists products and services, Utility Accounting Education Specialists will attempt during the purchase process to verify your location and will not charge you tax on top of your purchase. Should Utility Accounting Education Specialists request it, you must provide us with a statement by email to puaes.com stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in the United States when Utility Accounting Education Specialists products and services were made available to you. The statement should also include your complete home and/or business location address. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to puaes.com.
- Utility Accounting Education Specialists does not provide refunds.
9. Modifications to the Service and Prices
- Utility Accounting Education Specialists reserves the right at any time to time to modify or discontinue, courses (or any part thereof) with or without notice.
- Utility Accounting Education Specialists shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any courses.