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Terms & Conditions
A Legal Disclaimer
By placing an order for My CE Binder (MCB) subscription services, (“Services”), through the Website you are agreeing to the following Terms & Conditions.
1. The Services
MCB offers digital tracking od continuing education credits and certifications for nurses through two different subscription services. Full descriptions of the services can be found www.mycebinder.com/plans-pricing.
2. Term & Termination
All Services are for a term of one year, beginning on the date of purchase, and shall renew automatically for subsequent one-year terms, unless and until terminated by MCB or You.
MCB may terminate Services, with no further obligations, for any of the following reasons: i) non-payment, ii) breach of the Website and/or App Terms of Use, iii) breach of these Terms & Conditions. You are not entitled to, and shall not receive, a refund in the case of such termination.
You may terminate at any time, subject to the Refund Policy, below. Upon Termination, You will have access to your account for an additional ninety (90) days, after such time your access will terminate and all data in your account shall be deleted.
Termination requests may be processed on the Website here: www.mycebinder.com.
3. Price and Payment
The prices for Services will be as quoted on this Website from time to time, except in cases of obvious error. Any applicable sales taxes will be included at checkout. MCB’s prices may change from time to time, but changes will apply only to orders that are confirmed after the changes are stated on the Website.
Payments must be made by credit or debit card. MCB reserve the right to change the available payment methods at any time.
Although MCB makes reasonable efforts to provide accurate pricing information and Service descriptions, pricing mistakes, typographical errors or mistakes may occur. MCB reserves the right to correct such mistakes and errors. MCB cannot guarantee that information displayed on the Website is 100% accurate. If a Service is listed at an incorrect price or a description is inaccurate, MCB has the right, in MCB’s sole discretion, to reject any order or to cancel any orders placed for that Service. In those circumstances, if your credit card has already been charged, MCB will issue a credit to your credit card within a commercially reasonable amount of time.
4. Discount Codes
MCB may from time to time offer discount codes or other types of promotions (“Codes”) which must be entered at the time of purchase to be applied.
Unless otherwise specified, a Code may be used only once by its Holder and may not be copied, reproduced, distributed, transferred, sold, or published either directly or indirectly in any form or stored in a data retrieval system without MCB’s prior written approval.
There is no cash value to any discount or Code received through a promotional offer. MCB reserve the right to withdraw or cancel any Code for any reason at any time.
Codes may be redeemed only through MCB’s Website or app, and not through any other website or method of communication. To use your Code the Holder will be required to enter it at the online checkout and use of such Code will be deemed to confirm agreement to these Terms and Conditions and any special conditions attached to the Code.
Codes are subject to the terms and conditions therewith. Unless otherwise explicitly stated, promotional discounts may not be combined with any other offers, are valid for new customers only, and are limited to one per household address.
5. Refund Policy
Cancellations of Services requested within seven (7) days of placing an order will receive a full refund. Cancellations later than seven (7) days after placing an order shall not be refunded; however, You will have full access and use of the Service(s) purchased for a full term of one year and such Service will not automatically renew.
Since MCB has a clear and explicit Refund Policy that You have agreed to prior to completing the purchase of any of MCB’s Services MCB does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event a chargeback is placed or MCB receives a chargeback threat during or after your purchase, MCB reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address.
Questions about MCB’s refund policy should be directed to: support@mycebinder.com.
6. Order Limitations
MCB reserves the right to limit, in MCB’s sole discretion, the quantities of any Service that may be purchased on a per person or per order basis.
7. Limited Service Warranty; Service Disclaimers and Liability Limitation
MCB warrant to you that any Service purchased from us through this Website or MCB’s app will, on delivery, substantially conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Services of that kind are commonly supplied. If you feel that MCB have not met the warranty in the previous sentence, you may request a refund pursuant to MCB’s refund policy, as outlined above.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, MCB HEREBY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MCB WILL IN NO EVENT BE LIABLE FOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MCB’s MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THE SERVICES OR THIS WEBSITE WILL NOT EXCEED THE PURCHASE PRICE FOR ONE YEAR OF THE SERVICES. THIS WILL CONSTITUTE MCB’S SOLE LIABILITY, IF ANY, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Force Majeure
MCB will not be liable or responsible for any failure to perform or for any delay in performance of any of MCB’s obligations under an order that is caused by events outside MCB’s reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond MCB’s reasonable control and includes in particular (without limitation) the following: an Act of God; natural disaster; act of war, terrorism, riot or invasion; the declaration of a State or Federal State of Emergency (in either Massachusetts or in the Service delivery state, or a state or geographic area affecting delivery routes and carriers); the issuance of an Executive, Judicial, or Legislative Order or Advisory, act or legislation which directly affects MCB’s ability to operate or perform under this Agreement, including quarantines or other acts or actions related to a pandemic; Strikes, lock-outs or other industrial action; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and Impossibility of the use of public or private telecommunications networks.
MCB’s performance under your order is deemed to be suspended for the period that the Force Majeure Event continues, and MCB will have an extension of time for performance for the duration of that period. MCB will use commercially reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which MCB’s obligations under the order may be performed despite the Force Majeure Event.
Miscellaneous
These Terms and Conditions, along with the Website Terms of Use, constitute the entire agreement between You and Us and govern your purchase of the Services and supersede any prior agreements between You and us with respect to the Services.
These Terms and Conditions, and the benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms and Conditions must be in writing.
Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the state of Massachusetts without regard to the principles of conflicts of laws, will govern this Agreement, and all matters relating to your purchase and use of the Services, including all disputes between You and us. You also agree that the Services will be deemed solely based in and provided from Massachusetts.