Terms of Use

These Terms of Use set forth the terms and conditions of an agreement (this "agreement") between you (1) as an individual that has purchased access to products and services available through CLEO Education, Inc. (collectively the "services"), (2) on behalf of an institution or other entity that has purchased access to the services, or (3) as a user of the services either with access purchased by you or another individual or available to you in any other capacity. Purchase of access to use the services, or use of the services by other means, constitutes your agreement with these Terms of Use. If you do not agree, or do not intend to comply, with these Terms of Use, you should not purchase access to or otherwise use the services. 

Scope of This Agreement

In this agreement, "you" or "your" means any individual or entity, in one or more capacities described above, subscribing to the services (a "subscriber") or using the services (a "user"). Unless otherwise stated, "CLEO," “CLEO Education”, "we," "us," or "our" means CLEO Education, Inc. 

This agreement, along with any other written agreements that you have entered into with CLEO Education with respect to the services and your authorized access, constitutes the entire understanding between you and CLEO Education with respect to the subject matter hereof. All other prior representations, statements, and undertakings, whether oral or written, are hereby expressly superseded and canceled. 

This agreement incorporates by reference the CLEO Education Privacy Policy, which is available for your review at cleoedu.com (our "site"). You should read and understand the provisions of our Privacy Policy before you become a subscriber to, or user of, the services. 

We may amend this agreement from time to time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site, and when they become effective, they will be incorporated into the Terms of Use on this page. 

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING OUR SERVICES. 

Certain Requirements 

In order to obtain access to, or to use, CLEO Education services, you must: 

1. Be an individual at least 13 years of age or older, and

2. Have the power and authority to enter into binding agreements with us without restriction under applicable law or be using the services as purchased by an individual or entity with such power and authority.

You must not obtain access to, or use, CLEO Education services if you are doing so for the benefit of a competitor. 

Finally, in accordance with the current United States export restrictions, the CLEO Education software may be used by individuals and entities throughout the world except those in embargoed countries and regions. If you reside in such a country or region, you may not purchase access to, or use, the CLEO Education software. 

Grant of License

In consideration of, and subject to, payment of the appropriate access fee for the purchased services, and your agreement to, and compliance with, the terms and conditions in this agreement, CLEO Education grants to you a non-exclusive, non-sub-licensable, non-transferable license and right to use and access the licensed materials from multiple devices and locations with nonconcurrent log-on access. Downloadable documents shall only be used by authorized users.

Software Use

The term "software" includes all CLEO Education products, features, applications, services, technologies, and software. 

The content presented in any self-assessment examination serves as an educational tool for use by students and health care providers. Any score that may be calculated by CLEO Education is based on its own proprietary algorithm. No score is intended to predict your score on any actual exam, but it is designed for instructional purposes to help you evaluate your level of preparedness and to assist you in assessing your relative strengths and weaknesses in the various subject matter. 

Access via Mobile Devices 

Access to CLEO Education materials via certain mobile devices (e.g., smartphones, tablet computers) is provided as an additional feature on some of our services, but it is not intended to be a replacement for computer access. CLEO Education, at its sole discretion, may choose to discontinue offering access via any or all mobile devices at any time with or without notice, reason, or explanation. 

You agree that CLEO Education shall not be held liable for any damage to your mobile devices or operating systems, or any data loss resulting from the direct or indirect installation or use of the CLEO Education software. 

No refund or cancellation will be honored due to your inability to install or use the CLEO Education software on any mobile device.

An Internet connection is required while the CLEO Education software is in use, and a Wi-Fi Internet connection with an unlimited data plan is highly recommended (both unlimited upload and unlimited download). Use of a fixed data plan, limited data plan, or any other pay-per-use data plan for an Internet connection is not recommended. If you use a fixed, limited, or pay-per-use data plan, you will be solely responsible for any data charges incurred. You agree that CLEO Education shall not be held liable for any data charges, overage fees, or any other miscellaneous fees or costs that result, directly or indirectly, from using the CLEO Education software on your devices, including in the event of CLEO Education software malfunction. 

Access to Content

You are allowed to use the licensed materials for the specific materials to which you have purchased access to. Each material has its own access fees and duration. You are not allowed to access the content of materials for which you have not purchased access (e.g., an individual with access as a student may not have access to the same materials as a student accessing content through an institutional agreement). 

Reasonable Use

CLEO Education products are intended for individual self-study and exam preparation. Access to the services and materials is purchased. Usage of the CLEO Education products in a manner that exceeds normal product usage is not permitted.  Normal product usage does not include usage which is suspected to be shared between multiple users on the same device or network. Access utilization that is indicative of, or arising from, impermissible business, multiple users, community use, or fraudulent use may result in suspension or termination of the access in question. CLEO Education may contact any user at any time to request clarification of a usage pattern that is suspected of unreasonable use. 

Orders

Most of the information you enter at checkout is used solely to process your order. When you provide your card details, they are encrypted in your browser and sent directly to Stripe, our PCI-compliant payment processor. CLEO’s servers never see or store your full card number or CVC. Stripe transmits the necessary payment information to the card networks and issuing bank to obtain authorization. A temporary authorization (a “pending amount”) may appear on your statement until the charge is captured or released. We charge your card only after a payment is successfully authorized and captured, then display an on-screen confirmation and email you a receipt at your registered address. You can also log in to your CLEO account to download past receipts. We do not share your personal or financial information with third parties except as described in this Privacy Policy. You will be asked to provide financial information such as your credit/debit card number, expiration date, CVV2 code, payee name, and billing address. This information is used for billing purposes and to fulfill your order. To properly process your credit/debit card information, we must share your personal and financial information with the merchant bank for authorization and approval. This process is protected by an enhanced security system. We do not share your personal and financial information with any other third parties except those specified in our Privacy Policy. 

Refunds

Except as otherwise provided in this agreement or at the sole discretion of CLEO Education, no refunds, cancellations, or changes to access will be allowed. CLEO Education reserves the right to refuse a refund if the subscriber or user is found to be in violation of this agreement or acting against CLEO Education's interest. 

Member Account/Password and Security

You must complete CLEO Education's registration process in order to subscribe to and use the services by providing us with current, complete, and accurate information as prompted by the applicable registration form. You are responsible for the accuracy of the data provided and may update your profile data to reflect the most accurate current information. You will also choose a password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify CLEO Education immediately of any unauthorized use of your account or any other breach of security. CLEO Education shall not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CLEO Education or another party due to someone else using your account or password. 

Ownership

The licensed materials, including all intellectual property rights in and to the licensed materials (such as copyright), are the sole and exclusive property of CLEO Education and its licensors. You have no rights in or to the licensed materials, but you are entitled to use them according to the terms of this agreement. 

Access Term

You have the right to use and access the licensed materials for the courses and materials you have purchased for the duration of your access period selected at checkout, except during any scheduled maintenance downtime. The licensed materials will be provided as described in the respective product descriptions and may change, at CLEO Education’s sole discretion, during the course of your access period. Your access period begins immediately upon activation. Access periods cannot be paused or suspended, nor can they be reactivated once they expire. You must use the course material within the access period, and no complimentary extensions are granted for unused time. 

When your access period ends, your right to use and access the licensed materials will expire automatically. Continued access requires a new purchase under CLEO Education’s  then current terms and pricing. A new purchase provides a fresh access period starting on the date of activation and applies only to the course(s) purchased. This Agreement – and your right to use the licensed materials – will also terminated at CLEO Educations’ sole discretion if you fail to comply with any of its terms and conditions.  

Accessibility

CLEO Education is committed to ensuring that we provide access to our electronic and information technologies, learning platform, and content made available through our online applications for users with disabilities.  If you are a user of CLEO Education's products and have any questions, comments, or suggestions on web accessibility issues relating to our website or mobile apps, please contact us at hello@cleo.edu.  Please provide specific details regarding your concerns. 

Prohibitions

While you are using the services, you shall not download, print, copy, or attempt in any way to copy or capture the contents of any screen or upload CLEO Education materials to any other application. CLEO Education reserves the right to disable your account without refund if you copy or attempt to print, copy, screen shot or reproduce any CLEO Education copyrighted content. If you copy or attempt to copy any CLEO Education copyrighted content for commercial use, then we reserve the right to pursue any and all legal remedies available to us. 

You shall not reverse engineer or modify any of the licensed materials. No part of the licensed materials may be copied, printed, or reproduced for resale or other commercial use or offered for sale or reproduced on any bulletin boards, websites, discussion forums, Internet domains, or online chat rooms. You shall not use any device, software, or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted at the site. You shall not disclose or share your password with any third parties or use your password for any unauthorized purpose. 

You shall not sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the licensed materials. All accounts at CLEO Education are monitored for multiple logins and other potential violations. If CLEO Education believes that an account is being used by multiple users at the same time, CLEO Education reserves the right to terminate that account without any notice or refund, at its sole discretion. We also retain the right to sue on grounds of breach of contract. Therefore, please do not disclose your account details to anyone else. 

Marks

Users are prohibited from using any CLEO Education trademarks without the written permission and consent of CLEO Education. All content on the site is protected by copyright. 

No Warranties

CLEO EDUCATION PROVIDES ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

CLEO Education does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made through the site by any party other than CLEO Education. Other than as required under consumer-protection law, under no circumstance shall CLEO Education be liable for any loss or damage caused by your reliance on information obtained through the site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content. 

CLEO Education materials are for educational and instructional purposes only and do not constitute medical, financial, or legal advice. CLEO Education materials are not a substitute for the exercise of professional care and judgement. For example, CLEO Education materials do not constitute medical advice and are not a substitute for (i) individual patient assessment based upon the healthcare provider's examination of each patient and consideration of laboratory data and other factors unique to the patient or (ii) individual legal advice provided by a lawyer to a client. 

CLEO Education materials are intended to be a supplemental study tool. Use of the CLEO Education materials does not guarantee that user will master any subject included in the materials or guarantee the receipt of any particular grade or the passing of any educational class or certification. 

CLEO Education reserves the right to withdraw site access and remove the complete site if necessary. If this ever becomes necessary, you will only pay for the time of your access period that has elapsed (on a pro rata basis). 

CLEO Education shall use reasonable efforts to rectify any error that occurs on its site but does not guarantee access to the site in case of software errors, viruses, or other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort. 

CLEO Education shall use reasonable efforts to keep its site online. You understand that scheduled maintenance and problems out of the control of CLEO Education can cause the site to be temporarily unavailable. 

Limitation of Liability

CLEO EDUCATION SHALL NOT BE LIABLE TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) FOR ANY CONSEQUENTIAL, INCIDENTIAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR REVENUES, RESULTING FROM, OR ARISING OUT OF OR IN CONNECTION WITH, ACCESS TO OR USE OF THE SITE, OUR SERVICES OR THIS AGREEMENT. CLEO EDUCATION’S MAXIMUM LIABILITY RESULTING FROM, OR ARISING OUT OF OR IN CONNECTION WITH, YOUR ACCESS TO OR USE OF THE SITE, OUR SERVICES OR THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED YOUR ACCESS FEE. 

Indemnification

You agree to indemnify, defend, and hold harmless CLEO Education and its members, directors, officers, employees, agents, contractors, and licensors from and against any and all liabilities, claims, and expenses, including attorneys' fees, that arise from your violation of any of the terms or conditions of this agreement. 

Confidentiality of Communications

Except as required by law, CLEO Education will maintain the confidentiality of all user communications, which contain personal user information and are transmitted directly to CLEO Education. Your postings in any public forum or arena, such as a message board or a chat room, will not be protected as confidential, and CLEO Education may use and disclose the information contained in any such postings (including any ideas, concepts, know-how, or other intellectual property) for any purpose deemed appropriate by CLEO Education. 

Governing Law

This agreement is governed by the internal substantive laws of the state of Alabama in the United States of America, without respect to the conflict of laws principles of the State of Alabama. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Birmingham, Alabama, in the United States of America. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. 

Violations

If you breach any term of this agreement, CLEO Education may, at its sole discretion, terminate your access to the site, and its provision of services to you without refund. CLEO Education reserves the right to seek all remedies available at law and in equity for such breaches. 

Questions

If you have any questions regarding this agreement, you may contact us at hello@cleoedu.com