These Terms & Conditions (“Terms”) are between The Regents of the University of California, on behalf of Continuing Education of the Bar, (“CEB”) and Licensee for access to CEB’s electronic products.
“Product” means Content, Online Programs, and Software, and any portion thereof, that are accessible on the Internet through a uniform resource locator that CEB designates or transmitted by CEB to Licensee in any other medium.
1. PAYMENT AND CANCELLATION TERMS FOR RECURRING SUBSCRIPTIONS
A. All CEB subscription products OnLAW®, OnLAW®Libraries, OnLAW® Individual Titles, OnLAW® Pro, Practitioner™, CEB Plus, CEB Pro, CLEPassport™, and Essential Forms) are non-refundable, recurring ANNUAL SUBSCRIPTIONS and will be AUTOMATICALLY RENEWED each year on the anniversary date of your purchase until cancellation with the following conditions:
AUTOMATIC PAYMENT. CEB subscription products may be purchased by recurring credit card payment. When purchasing via this method CEB will initiate regular recurring charges to your specified credit card.
RENEWAL PRICING. The amount charged to your credit card every month or year, depending on your payment schedule type, will be the current list price of your subscription, subject to any discounts that may be part of your subscription.
NET30 PAYMENTS. If you are a NET30 customer, your subscription will automatically renew on the anniversary date and you must make the appropriate payment as indicated on the subscription invoice within 30 days or your account is subject to suspension or cancellation.
MONTHLY PAYMENT OPTION. CEB offers monthly payment options on annual subscriptions for the following products: OnLAW® Libraries, OnLAW® Pro, Practitioner™, and CLEPassport™. Monthly plans are offered only by recurring credit card payment and are non-refundable, recurring ANNUAL SUBSCRIPTIONS and will be AUTOMATICALLY RENEWED each year on the anniversary of your purchase. For each year you choose the monthly payment option, you are obligated to make twelve (12) monthly payments.
CANCELLATION. You have the right to terminate renewal of your subscription and payment authorization by calling CEB customer support at (800) 232-3444 or emailing CEB at email@example.com 30 days prior to your renewal date. You may also have the option to terminate renewal of your subscription at your Account page on research.ceb.com, depending on your subscription type and number of users.
2. SUBSCRIPTION PRODUCT PURCHASING TERMS
A. All CEB subscription products are sold to individuals as well as firms and other organizations under the following conditions:
CEB’s subscription products are available for purchase at ceb.com for solo attorneys and solo practitioners. If qualified to make an online purchase via ceb.com, you agree that the purchase is for your individual use only and your access credentials will not be shared with others in or outside your organization.
Attorneys who are members of firms or organizations with two or more attorneys, must make purchases directly with CEB sales or support staff by phone at (800) 232-3444. Firms and organizations of two or more attorneys do not qualify for online purchases at ceb.com.
Subscription products purchased on behalf of an organization may only be accessed by employees or individuals with a formal relationship to the organization that is making the purchase; lawyers that do not meet the definition of “Firm” in State Bar of California Rule of Professional Conduct Rule 1.0.1(c) may not join together for the purpose of receiving volume discounts from CEB.
CEB reserves the right to terminate any subscription for any reason, including failure to adhere to the online purchase conditions set forth above.
3. USER ACCOUNT TERMS
A. Every user accessing CEB’s online products, except those customers using authorized IP access to OnLAW® as an authentication method, agrees that:
The user will not share their CEB personal account password with anyone; only one unique person will use each personal CEB account. Also please be aware that by sharing unique login information users increase the risk that their usage history and payment method may be disclosed to unauthorized persons;
User accounts that gain access to CEB products via an employment or other formal relationship with a firm or other organization will have access to those products at the discretion of the parent organization under the terms of parent organization’s subscription with CEB;
The parent organization certifies that only employees or individuals with a formal relationship to the parent organization will be authorized access to CEB’s online products; lawyers that do not meet the definition of “Firm” in State Bar of California Rule of Professional Conduct Rule 1.0.1(c) may not join together for the purpose of receiving volume discounts from CEB;
4. LICENSE AND PERMITTED USE
A. CEB grants to you a non-exclusive, non-transferable, and revocable license to:
Use the Product as provided herein, until your subscription or license is terminated as provided in these Terms;
Access, load, store, and operate the Product with browser Software;
Access the Product, including the Content, via the Internet; and
Display, download or print portions of the Product on an ad hoc basis for your own personal, academic, educational, research, and professional law practice use, subject to the limitations in these Terms, which shall include reasonable use, rather than excessive use.
CEB defines reasonable use as 500 page views and 100 printed pages per day.
B. Notwithstanding any use permitted above you shall NOT, without the prior written consent of CEB:
Decompile, reverse engineer, disassemble, or create derivative works from the Product;
Remove or obscure any proprietary notices, including, but not limited to, any and all copyright, trademark, and patent designations contained in the Product;
Assign, rent, lend, lease, sell, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components from, or create derivative works of the Product, except as authorized under these Terms;
All content contained in CEB’s Products is owned by/licensed to and copyright to the University of California. Users may not ingest, download, copy, or store CEB materials of any type or form (content and/or product) into their own systems and/or electronic storage devices, including databases, file storage, artificial intelligence applications, or large language models. If you would like to hyperlink to CEB products/content from an intranet utility at your organization, please contact Customer Service at 1-800-232-3444, 7:30am to 5:00pm (PT), M-F for more information to request permission.
C. You shall not interrupt, or attempt to interrupt, the operation of the CEB website in any way.
D. The CEB website may include technological protection measures that effectively control access, reproduction, or distribution of the Product. Any attempt to tamper with or dismantle these protections is a breach of these Terms and may be a violation of the Digital Millennium Copyright Act of 1998, which violation may subject the violator to civil and criminal penalties.
E. You may reproduce any legal forms included in the Product as models for operative legal documents prepared by you in your professional law practice.
CEB Reserves the right to terminate any subscription at will and will refund the prorated amount of the purchase for the remaining term of the subscription.
5. PRODUCT-SPECIFIC TERMS
A. Products Providing MCLE Credit
To receive a certificate for MCLE participatory credit, users must have a valid bar number on their account and have watched the entire video from beginning to end.
Reference Materials that accompany a program are available to, and for the sole use by, those who properly enroll and attend the program.
All CEB CoursePass and Compliance Package sales are final and expire after one year of purchase, or after all units are consumed, whichever comes first.
CLEPassports™ are restricted to (1) a law firm, partnership, or corporation; (2) an individual attorney for use by the attorney and his or her employees; or (3) any other corporation or public or nonprofit agency. Use of said CLEPassport is restricted to the purchaser and the partners, shareholders, or employees of the purchaser.
B. Essential Forms
Essential Forms and Essential Forms County Packages are subscription products that are automatically renewed. They may be installed on one computer and for convenience one additional computer at an alternate workplace such as a home office. Additional installations require the purchase of additional user licenses.
Essential Forms Network Licenses are subscription products that are automatically renewed. They are required to install Essential Forms and use the materials on a local area network, wide area network, or any other multiple-user computer hardware/software configuration within a single firm, agency, or company.
C. Print Books-Automatic Update Service
When you purchase a CEB printed title, CEB will enroll you to its Automatic Updates. Thereafter, updates, revisions and new editions of the title (along with any content associated with the title) will be sent and invoiced to you. Full 30-day return privileges apply. You may cancel this service at any time.
You may change your status as an Automatic Update customer to that of “Reminder Status” at any time. Contact Customer Service at 1-800-232-3444, 7:30am to 5:00pm (PT), M-F for more information.
When you purchase a CEB printed title you receive the most current version. If an update to a hardcover book, an Action Guide or a revised edition of an annual publication is published within 90 days after you purchase the publication, CEB will send you a free copy of the new update or revised annual. If a new edition of a hardcover book is published within six months after your purchase you can apply the amount you paid as a credit toward purchase of the new edition.
D. Forms CDs
CEB Forms CDs contain all of the book’s attorney-drafted forms, checklists, and questionnaires, and are available in Word. When a Forms CD is updated, Automatic Update Customers will receive the updated CD at a reduced price. Opened Forms CDs cannot be returned for refund. Defective CDs may be returned for replacement.
6. YOUR REPRESENTATIONS AND WARRANTIES
You represent, warrant, and covenant that:
A. You will use the Product in accordance with the Terms and Conditions.
B. You shall at all times comply with all applicable laws, rules, and regulations with respect to your Use of the Product.
C. You shall not use the Product to infringe, misappropriate, or violate the rights of CEB or third parties.
D. You shall not knowingly or otherwise introduce to or through the Product any viruses or other items of a destructive nature.
7. DISCLAIMER OF WARRANTIES
A. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE PRODUCT AND THE CONTENT AVAILABLE THROUGH THE PRODUCT IS ON AN “AS IS,” “AS AVAILABLE” BASIS, AND CEB SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY STATUTORY WARRANTY OF NON-INFRINGEMENT.
B. The Product is distributed subject to your understanding that CEB does not render any legal, accounting, or other professional advice or services. Attorneys or other legal professionals using the Product in connection with client or personal legal matters should also research all applicable statutes, rules, regulations, court decisions, and other original sources of authority.
8. LIMITATIONS ON LIABILITY
A. USE OF THE PRODUCT IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE PRODUCT OBTAINED BY MEANS OF CEB WEBSITES. CEB AND ITS AFFILIATES, AGENTS, LICENSORS, AND ANY TELECOMMUNICATIONS OR NETWORK SERVICES FOR CEB SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE; DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR FOR ANY ATTORNEY FEES.
B. CEB’s website includes facts, views, opinions, and recommendations of third parties deemed to be of interest. CEB does not guarantee the accuracy, reliability, completeness, or timeliness of, or otherwise endorse these views, opinions, or recommendations. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your own risk.
9. TERM AND TERMINATION
Your access right to the Product will continue or renew automatically unless CEB terminates your access, or you notify CEB of your decision to terminate your subscription.
CEB Reserves the right to terminate any subscription at will.
Upon termination, CEB may refund the prorated amount of any fees paid but unused. CEB will not prorate if the user has violated any terms of this Agreement.
10. CEB TRADEMARKS
You shall not use or refer to any trademarks, service marks, logos, or other identifiers of CEB, or properties owned, controlled, licensed, or otherwise proprietary to CEB, without the prior written consent of CEB. Any such permitted use of any trademarks, service marks, logos, or other identifiers shall inure to the benefit of CEB.
You shall not assign your rights, duties, or obligations under these Terms to any person or entity, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, operation of law, or otherwise, without the prior written consent of CEB, and any attempt to do so shall be deemed null and void, and of no effect.
If any provision of these Terms is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of these Terms, and all provisions not affected by such invalidity shall remain in full force and effect.
13. CHOICE OF LAW
These Terms shall be governed by the laws of the State of California without regard to the principles of conflicts of laws or provisions regarding such.
14. JURISDICTION AND VENUE
Any controversies or claims arising out of or relating in any way to these Terms or a breach thereof, shall be adjudicated in the courts of the State of California. If any legal action is brought by either party regarding these Terms, the prevailing party shall be entitled to recover, in addition to any other relief available under applicable law, reasonable attorney fees and expenses.
15. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter of the Terms and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.
16. CONTACT CEB
CEB Customer Service and support technicians are available, 7:30am to 5:00pm (PT), M-F to take your order or answer your questions about CEB electronic products and services. To place an order call 1-800-232-3444 or e-mail us at firstname.lastname@example.org. For Technical Support call 1-800-750-9155. For Essential Forms Technical Support call 1-800-870-1101.