TERMS AND CONDITIONS
Last modified March 13,2025
WELCOME TO AffordableCLE!
Thank you for using our website ("Services"). The Services are provided by Online Education, Inc., dba AffordableCLE. By using our Services, you ("User") agree to the Terms of Service ("Terms") for using the AffordableCLE website. This is the Agreement between you personally as an individual ("User") and AffordableCLE.
USING OUR SERVICES
Your access and use of our Services is subject to these Terms of Service ("Terms"), and you agree to follow all conditions of these Terms when using our Services. If you do not agree to our Terms of Service, do not use the AffordableCLE website. There are numerous other continuing legal education (CLE) provider’s Services you can utilize. You agree that you will not use our Services for any purpose that is unlawful or prohibited by these Terms.
You understand that through your use of the Services you consent to the collection and internal company use (as set forth in the Privacy Policy) of certain personal information provided by you, including the transfer of this information to the United States, and to continuing education regulatory bodies of the various states if requested.
AffordableCLE offers Services so that Users may comply with the minimum continuing legal education requirements of California. These Services consist of online on demand streaming CLE courses, downloadable audio and video courses and live webinars, and written materials that we are required to provide but are supplemental materials. Users cannot receive CLE credit for merely reading the written materials.
Using our Services does not give you ownership of any intellectual property rights of our Services or Content you access. Content includes but is not limited to audio CLE courses, video CLE courses, downloadable audio and video CLE courses, downloadable written materials, power point slides, website layout and format, and other intellectual property created and owned by AffordableCLE. You may only use the Content provided by our Services for your own personal educational use. In connection with your use of the Services, we may send you service announcements, reminders, and other emails and information. We are constantly improving our Services and we may add or remove functionality or features. We may also stop or suspend providing Services or add or create new limits to your Services at any time for any reason that does not violate state or federal law.
Part of the Services offered are continuing legal education, and in no instance are we providing legal advice. The Content of our Services has been prepared as a service to our users to complete continuing legal education courses and is not intended to constitute legal advice. If you require legal advice you should consult with a qualified attorney. We have used reasonable efforts in providing quality information and material, but we do not warrant or guarantee the accuracy, timeliness, completeness, adequacy, or currency of the information contained in our Services. We do not endorse any viewpoints or materials contained within our Services. All viewpoints are solely those of the presenter.
ABOUT THESE TERMS
We may change, modify, add, or remove portions of these terms at any time to reflect changes to our Services. You should check these terms periodically for any changes. Your continued use of this website and its Services following any changes to these terms means that you accept those changes.
If there is a conflict between these terms and the additional terms added, the additional terms will control that conflict.
If any of these terms contained within these Terms of Service should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such terms shall be severed and the remaining Terms of Service shall survive and remain in full force and effect and continue to be binding and enforceable.
If you do not comply with these terms and we don't take action right away, this doesn't mean that we are giving up any rights that we may have such as taking action in the future.
USER ACCOUNTS
Registering a user account on this website requires your email address, name, phone number, address, and password. You must create your own individual account and you cannot share an account with any other person. User accounts are unique by email addresses We do not store any User credit card or financial information. If you sign up for multiple accounts using a different email address(es) we cannot track you between accounts and our system will not warn you about taking the same course twice. You the User are ultimately responsible for making sure you don't complete the same course twice. Users are responsible for any activities that occur under your account. Users further agree to notify AffordableCLE of any unauthorized use of your account or any other breach of security. Your right to use these Services are not transferable. The Services of this site are not intended for anyone under the age of 18. By using the Services, you represent and warrant that: (i) you can form a binding contract with AffordableCLE; (ii) you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction and (iii) you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
PRIVACY POLICY
Our privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that we can use such data in accordance with our privacy policies.
CONDUCT WHEN USING THE SERVICES
By using the Services, you agree not to:
Use the Services in any manner that violates local, state, federal, or international laws. This includes but is not limited to using the Services for any illegal purpose or for the transmission of material that is illegal or unlawful, libelous, harassing, abusive, threatening, or obscene, invades another person’s privacy or infringes the intellectual property of others.
Infringe the intellectual property of others includes but is not limited to copying, modifying, transmitting, creating any derivative works from, make use of, or reproducing in any way any copyrighted materials, images, trademarks, trade names, service marks, or other intellectual property, Content or proprietary information accessible through the Services.
Use any bot, spider, robot crawler, scraper (including Artificial Intelligence programs and tools), site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services or their Content, this includes bypassing or avoiding the intended way our Services and website and other digital Content is designed to be accessed or viewed to obtain information or materials not meant to be publicly available.
Forge headers or otherwise manipulate identifiers in order to disguise the true origin or nature of the Content or service being transmitted through the Services, including falsifying or altering information.
Probe, scan, or test the vulnerability of our Services or any system or network.
Use the Services in any way that could interfere with, disrupt or negatively affect the Services or the servers or networks connected to the Services, including uploading malicious code, viruses, trojan horses or using botnets to launch DDoS attacks or otherwise compromise the security of the Services and website.
Mirror or frame any part of the Services and Website.
Use meta tags or code or other devices containing any reference to AffordableCLE (or any trademark, trade name, service mark, logo or slogan of AffordableCLE) to direct any person to any other website for any purpose.
Modify, sublicense, translate, adapt sell, decipher, reverse engineer, decompile or disassemble any portion of the Services, or cause others to do so or use or develop any third-party application that interacts with the Services without the prior written consent of AffordableCLE.
AffordableCLE reserves the right to investigate and take any available legal and practical action in response to any unauthorized use of the Services, including but not limited to termination of your account.
LINKS TO OTHER WEBSITES AND THIRD PARTIES
Our Services contain links to third-party websites that are not owned or controlled by AffordableCLE. AffordableCLE has no control over and assumes no responsibility for the accuracy, content, privacy policies or practices of any third-party websites or Services.
COPYRIGHT INFRINGEMENT POLICY
In alignment with the Digital Millennium Copyright Act (“DMCA”), the procedure is established and outlined below to address any unintentional and alleged copyright infringement on the Services. If you believe your protected work has been copied and posted on the Services in a manner that could possibly constitute copyright infringement, you may provide us with notice of your complaint and contact AffordableCLE with the following information in writing:
Identification of the copyrighted work that is claimed to have been infringed;
Identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit us to identify and locate the material;
The electronic or physical signature of the copyright owner or a person authorized to act on the owner's behalf and name, address, telephone number and email address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement made under penalty of perjury that the above information in the notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf
After receiving adequate notification, we will process and investigate the notification and will take appropriate actions if necessary under the DMCA and other applicable intellectual property laws. AffordableCLE will analyze the claim and if there is a copyright infringement we will remove or disable access to any material that is found to be infringing and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will further notify the member that is the subject of the notification that it has removed or disabled access to such infringing material if it is deemed to violate Intellectual Property rules.
COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY
You acknowledge that the Services and all materials on the Services, including without limitation to the Services' text, written materials, graphics, design, pictures and sounds, video, software and other files and aspects of the Services (collectively, “Materials”) are the Intellectual Property of AffordableCLE and are subject to and protected by United States copyright laws or other intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, trade secrets and logos contained on the Services, including without limitation to trademarks registered in the United States (collectively, “Marks”) are the sole property of AffordableCLE. In addition, all page headers, custom graphics and custom icons are Marks of AffordableCLE.
AffordableCLE grants you a personal, royalty-free, worldwide, non-assignable, nonexclusive and non-sublicensable license to access and use the Services that is revocable at any time. This license is for the sole purpose of letting you use and the Services as intended by AffordableCLE, and as permitted by this Agreement. All rights not expressly granted are reserved by AffordableCLE. Other copyrights, trademarks, product names, company names, logos or intellectual property displayed on the website and Services are the property of the respective owners with all rights reserved. Site references to third parties or their copyrights, trademarks, or other intellectual property do not constitute or imply affiliation with, endorsement of, or recommendation of AffordableCLE by the respective trademark owner(s), or by AffordableCLE of the respective trademark owner(s).
LIABILITY AND WARRANTY OF OUR SERVICES
EXCEPT AS EXPRESSLY REPRESENTED OTHERWISE, AND TO THE EXTENT NOT PROHIBITED BY LAW, ALL SERVICES AND OTHER INFORMATION PROVIDED BY OR ON BEHALF OF ONLINE EDUCATION, INC. ARE FURNISHED ON AN "AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ESPECIALLY AS TO QUALITY, RELIABILITY, TIMELINESS, USEFULNESS, SUFFICIENCY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED BY ONLINE EDUCATION, INC. NO ORAL OR WRITTEN INFORMATION PROVIDED BY ONLINE EDUCATION, INC. SHALL CREATE A WARRANTY UNLESS INCORPORATED INTO THESE TERMS.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ONLINE EDUCATION, INC. FOR ANY CLAIM UNDER THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID AffordableCLE TO USE THE SERVICES. ONLINE EDUCATION, INC SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES FROM THE USE OF OUR SERVICES INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR THE INABILITY TO USE OUR SERVICES AND USERS FURTHER WAIVE THEIR RIGHTS TO BRING CLASS ACTION LAWSUITS AND JURY TRIALS AS OUTLINED LATER IN THE TERMS. IN NO EVENT SHALL THE AGGREGATE LIABILITY FOR DAMAGES OF ONLINE EDUCATION, INC., ITS EMPLOYEES OR AGENTS, ARISING FROM THESE TERMS WHETHER BY CONTRACT OR TORT EXCEED THE AMOUNTS CUSTOMER ACTUALLY PAID.
Due to circumstances beyond our control, the Services may become temporarily unavailable and we make no warranty that the functionality of the Services will be uninterrupted or error free and some of which may require or result in scheduled maintenance or unscheduled downtime of the Services. AffordableCLE may periodically, without prior notice, change the minimum system requirements to use the website and Services. In the event that the Services are unavailable, or you can no longer use the website for any reason, Online Education, Inc. takes no responsibility for credit hours that are completed late, cannot be completed, or those that are reported late to the appropriate state regulatory body. We reserve the right to refuse service for any reason not contrary to federal or state law.
REPORTING OF CREDITS
AffordableCLE reports course completions to the California State Bar. You are ultimately responsible for assuring that all credit hours are properly reported. If your credits are not properly reported you agree to contact us within 30 days of course completion so AffordableCLE can report your credit hours again.
STATE REGULATORY REQUESTS
The California State Bar may require or request information about attorneys. You agree to allow us to comply with any state regulatory request, including subpoenas, about your account, courses you may or may not have completed and website activity.
INDEMNITY
You agree to indemnify, defend, and hold Online Education, Inc. harmless from any loss, claim, liability, damage, or expense (including reasonable legal fees) from any violation or alleged violation of these Terms of Services or website.
REFUNDS
Full refunds less any shipping costs are available as long as you haven't completed the course/s and received a certificate of completion, and it is within thirty (30) days of the purchase date. Once you have obtained a certificate of completion for a course, the course will not be refunded. If you have not completed all courses in your account we will refund a prorated amount based on the standard on demand $19.99 per credit hour price or live webinar $59.99 per credit hour price, plus any state fees or shipping if applicable.
Shipped items must be returned in like new condition in the original packaging. Send returns to: Affordable CLE, 2604 B El Camino Real #204, Carlsbad, CA 92008. Damaged items or those that are missing original packaging will not be refunded.
SHIPPING
Orders received before 12:00 PM PST are shipped the same day if possible, but same day shipping is not guaranteed. UPS shipping delays are beyond our control and we are not responsible for shipping delays. We offer three UPS shipping methods: Ground (delivery is typically 1-5 business days based on your location), Two Business Day Air, and Next Business Day Air.
COURSE EXPIRATION, ON DEMAND CREDITS, LIVE WEBINAR CREDITS, ON DEMAND 12 MONTH UNLIMITED SUBSCRIPTION PLANS, COURSE COMPLETION, REVIEW & EXPIRATION, CERTIFICATES OF COMPLETION & CERTIFICATE DATES
All Courses Expire
Courses are only accredited and accepted for CLE credit by California for a set period of time. California courses are limited to five years from production date. We do not guarantee that you can take any course you sign up for since courses are removed from the website when they expire. You must get a certificate before the course expires if you want credit for that course. If you don't take a course and get a certificate before it expires you will get credited to your online account so that you can take a different course, subject to terms below.
On Demand versus Live Webinar Credits
On Demand credits are used for online on demand courses and cannot be used to add Live Webinars to your account. Only Live Webinar Credits can be used to add Live Webinars to your account. We may not offer live webinars.
One-Year On Demand and Live Webinar Regular Time Limit
On Demand and Live Webinar Credits and Courses purchased from a course, state bundle, or custom bundle expire after one year from the date of purchase on AffordableCLE. If you have courses or credits for unused courses in your account they will expire after one year from the date of purchase. On Demand Credits can be used to add online courses and Live Webinar Credits can be used to add live webinar courses.
On Demand 12 Month Unlimited Subscription Plans
On Demand 12 month unlimited subscription plan credits and courses are valid for 365 days from date of purchase regardless of whether they are used or not for on demand courses only. Courses must be finished within 365 days of the purchase. After 365 days you will lose access to any courses you have added to your account, lose the ability to complete any courses previously added to your account, and incomplete courses and material regardless of if the courses were from a previous purchase or the unlimited purchase. One year subscription plans can be renewed.
Course Completion, Credit Usage, Review & Expiration
There is a three-year limit for completing a course or using your credits from a course, state bundle, or custom bundle purchase.
Unlimited Plan purchases are limited to completing courses before their plan time expires.
Once you complete your course, which is defined as obtaining your certificate of completion, our system will allow you up to 365 days to go back and review the course and written materials as long as the course continues to be accredited in your state(s). After these 365 days or less, you will lose access to the course. You may not take a course twice and our system will not allow you to take a course twice, even if you purchase Unlimited Credits.
All courses eventually expire based on state rules. You will be removed from an on-demand course if the accreditation expires and your online account will be credited. You will also be removed from a Live Webinar if you don't obtain a certificate of completion the same day as the Live Webinar. You can use these On Demand and Live Webinar credits to add other courses to your account. If you ordered an USB bundle and a course expires before you complete it, credits are automatically added to your account. We will not ship additional USB thumb drives. You can use these credits to add courses from our online on-demand course catalog.
Certificates of Completion & Certificate Dates
California requires that we can verify you are taking a course during or after completion of the course for participatory credit. We will prompt you when you stream our courses, or if you download a course there are embedded codes that you will need.
You will be able to download or email your certificate of completion upon completing each individual course. A course is considered completed once you have viewed or listened to a course in its entirety, you have fulfilled your state verification method, and you have submitted the online evaluation form. You are responsible for fully completing each course and obtaining the Certificate before your CLE compliance deadline. Certificates of Completion will not be backdated for any reason. The date on your course completion certificate is the date you click Get Certificate and obtain your certificate. The date and time are based on Pacific Time. Please be aware if you do not click Get Certificate and obtain your certificate on the date you finish your course, the date on your certificate will be the date you actually click these buttons and obtain the certificate on our site. For example: You listen to a USB course or watch a download course on January 1, but you don't log in to the site and obtain your certificate until January 5, the date on your certificate will be January 5. This site and your state regulatory body does not allow for backdating of certificates.
We only offer approved CLE courses in California. We do not offer CLE credit for any other state and do not guarantee you can get credit in any state other than California.
LATE REPORTING FEES
If you fail to enter your bar number, enter an improper bar number, do not select an additional state you are licensed in before you begin a course, or fail to have a state in your account and this causes us to have to do a special report for you, we may charge $25 per course to report the credit. If we have to report your completed courses past your state's reporting deadline causing us to incur late reporting fees, you agree that we will charge you these fees before we report your credits. These fees may be $25 or more per course.
CLOSED CAPTIONING
If you are hearing impaired, closed captioning is available on our streaming videos. All closed captions were transcribed by a third-party system that provides highly accurate captioning. However, the captions should not be considered to be an authoritative record of the recording. Detailed outlines and written materials are also available for all courses as an additional resource if you are hearing impaired.
ACCESSIBILITY
Accessibility is offered on all of the webpages on our main website.
TRANSACTIONAL and MARKETING EMAILS
By signing up and creating an account you agree to receive automated transactional emails. These emails may include: sign up emails, receipts, account warnings and other emails related to your account. You also agree to sign up for our marketing emails. You may unsubscribe from marketing emails at anytime.
CALIFORNIA RESIDENT RIGHTS
Your Rights and How to Exercise Them
Right to know about the personal information we collect and share
The CCPA gives California residents the right to request that companies disclose the specific pieces of personal information that are collected about them.
Online Education, Inc., does not sell your personal information. However, we may be required to disclose certain personal information for regulatory purposes to various state CLE agencies and boards.
How to make a disclosure request
You have the right to make a free request two times in any 12-month period. We will make the disclosure within 45 days of receiving your request, unless an extension is requested. If we need more time, we may request a 45-day extension. You will be notified of the extension within the initial 45-day period if one is required.
Right of deletion
Under the CCPA you also have the right to request that we delete your personal information. This right of deletion is subject to certain exceptions. After you submit your request, and it is processed and validated, we must delete your personal information, unless an exception applies. Please note that under the continuing legal education rules of many states, we are required to retain your data and information about course and compliance information. As stated in the CCPA, this data cannot be deleted under our obligations to the states as a CLE Provider.
Disclosures About Your Personal Information
Categories of information we collect and disclose for a business purpose
We collect the following categories of personal information from you in connection with the Services, as defined in the CCPA. In addition, during the past twelve months, we have disclosed these categories of personal information for a business purpose:
According to California law, personal information does not include:
Other disclosures about your personal information
Our Privacy Policy covers additional disclosures about your personal information under the new law. The Privacy Policy details the sources from which we collect your personal information, the purposes for which we collect your personal information, and that we do not share or sell your personal information to third parties.
How to contact us
If you have questions about your rights or our disclosures under the CCPA, please contact us by clicking on the Contact Us link at the bottom of the page or if you are logged in, click on the "?".
DISPUTE RESOLUTION PROCESS, ARBITRATION, CLASS-ACTION WAIVER AND JURY WAIVER
Resolution Prior to Mediation or Arbitration
(1) The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between the User and AffordableCLE. Either party may give the other party written notice of any dispute not resolved in the normal course of business. The notice to AffordableCLE must be addressed to: 2604 B El Camino Real #204, Carlsbad, CA 92008. Within 30 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the parties shall meet at a mutually acceptable time and place and may be done virtually.
(2) Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting to resolve the dispute described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.
(3) All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
(4) At no time prior to the First Meeting shall either side initiate an arbitration related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of the clause Resolution Prior to Mediation or Arbitration above.
(5) All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in the clauses above are pending and for 30 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.
Mediation
If the matter is not resolved by negotiation pursuant to the terms set out above (Resolution Prior to Mediation or Arbitration), then the matter will next proceed to mediation as set forth below.
(1) The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the clause set forth in the paragraphs below.
(2) Either party may commence mediation by providing to JAMS and AffordableCLE a written request for mediation, setting forth the subject of the dispute and the relief requested.
(3) The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.
(4) All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
(5) Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”). The mediation may continue after the commencement of arbitration if the parties so desire.
(6) At no time prior to the Earliest Initiation Date shall either side initiate an arbitration related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of the Mediation clause above.
(7) All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.
Arbitration
If the dispute is not settled by Resolution Prior to Mediation or Arbitration or Mediation, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Diego, California, before three arbitrators. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
In any arbitration arising out of or related to this Agreement, requests for documents: (1) Shall be limited to documents which are directly relevant to significant issues in the case or to the case’s outcome;
(2) Shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; and
(3) Shall not include broad phraseology such as “all documents directly or indirectly related to” (See JAMS Discovery Protocols; JAMS Arbitration Rule 16.2).
In any arbitration arising out of or related to this Agreement: (1) There shall be production of electronic documents only from sources used in the ordinary course of business. Absent a showing of compelling need, no such documents are required to be produced from backup servers, tapes or other media.
(2) Absent a showing of compelling need, the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format which is usable by the party receiving the e-documents and convenient and economical for the producing party. Absent a showing of compelling need, the parties need not produce metadata, with the exception of header fields for email correspondence.
(3) The description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute.
(4) Where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award. (See JAMS Discovery Protocols; JAMS Arbitration Rule 16.2).
(5) In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.
Confidentiality
The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
Waiver of Class Actions, Class Arbitrations and Jury Trials YOU ENTER INTO THIS WAIVER OF CLASS ACTIONS, CLASS ARBITRATIONS AND JURY TRIALS KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY. USER AND AffordableCLE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. YOU FURTHER WAIVE YOUR RIGHT TO LITIGATE OR SETTLE YOUR DISPUTE IN A STATE OR FEDERAL COURT AND TO WAIVE YOUR RIGHT TO A TRIAL BY JURY. THE ONLY REMEDIES TO SETTLE ANY AND ALL DISPUTES BETWEEN USER AND AffordableCLE ARE: RESOLUTION PRIOR TO MEDIATION OR ARBITRATION, MEDIATION AND ARBITRATION, IN THE MANNER DETAILED ABOVE. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND AffordableCLE AGREE THAT NO DISPUTE SHAL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
Severability
If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. AffordableCLE and User agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section shall be filed only in the courts located within the State of California, in San Diego, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. The terms of this Section shall otherwise survive any termination of this Agreement.
FORCE MAJEURE
Under no circumstances shall AffordableCLE be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, strikes, labor disputes, riots and insurrections, civil disturbances, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events or occurrences attributed to state or quasi-state actors by either public or private organizations or entities or governments), governmental actions, shortages of labor or materials, orders of domestic or international courts, non-performance of third parties, or loss of or fluctuations in heat, lighting or air conditioning, Internet failures, user WiFi disruptions, computer or mobile device equipment failures, telecommunication equipment failures, other electrical equipment failures and electrical power failures.
GOVERNING LAW; STATUTE OF LIMITATIONS
Unless otherwise specified, the Content on the website and Services is presented solely for the purpose of completing continuing legal education courses and requirements in the United States, its territories, possessions, and protectorates. The website and Services are controlled and operated by AffordableCLE from its office within the State of California. AffordableCLE makes no representation that Content on the website and Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and are responsible for establishing the useability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.
All Users, including those Users who access the website and Services from a country other than the United States, agree that the laws of the State of California shall govern any dispute, including those arising from use of personal information or otherwise relating to privacy, as specified in the Privacy Policy. These terms shall be governed by and construed in accordance with the laws of the State of California.
You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the website and these Terms of Service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by AffordableCLE. To the extent that anything in or associated with the website is in conflict or inconsistent with these Terms, these Terms shall take precedent. AffordableCLE failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
You agree that: (i) AffordableCLE shall be deemed solely based in the State of California (USA); and (ii) AffordableCLE shall be deemed a passive website that does not give rise to personal jurisdiction over AffordableCLE, either specific or general, in jurisdictions other than the State of California. The laws of the State of California, without regard to its conflict of laws rules, will govern these Terms, as well as your observance of them.
TERMINATION
This Agreement to the Terms is effective until terminated either by AffordableCLE or you. AffordableCLE reserves the right, in our sole discretion, may suspend or terminate this Agreement at any time with or without notice, and may deny you access to the Services or any portion thereof as a result. You may also terminate this Agreement at any time by discontinuing your use of the Services.
NON-ASSIGNABILITY
You may not assign this Agreement, by operation of law or otherwise.
ENTIRE AGREEMENT; SEVERABILITY; RELATIONSHIP
This Agreement constitutes the entire agreement between you and AffordableCLE. If any part of this Agreement is determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation or risks, and the remainder of this Agreement will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. You agree that your AffordableCLE account is non-transferable and all of your rights to your account terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement, and you may not make any representations on behalf of or bind AffordableCLE.
CONTACT US
AffordableCLE
2604 B El Camino Real #204
Carlsbad, CA 92008
760-903-5004