TERMS AND CONDITIONS
These Terms & Conditions (the “Terms”) govern your use and access to our Company’s website (www.celiya.com) and any of our social media channels or emails (collectively the “Website”) or use or purchase of our services and/or products (individually and collectively the “Services”).
The terms “we”, “us” and “our” refers to ce.LIYA, LLC (“Company”). When these Terms use the term “Providers” we mean the event creators who use our Services to create Continuing Education events displayed on the Website for the use of participants who are attending the events (“Participants”) or for any other reason. When the Terms use the term “Suppliers” we mean the venue partners using the Service to provide hotels and venues displayed on the Website for the use of the Participants while attending events and for use to Providers to host the events. Providers, Participants, Venues and any other third parties using our Services are referred to in these Terms collectively as “you” or “your.”
Please read these Terms carefully before accessing or using our Website. By accessing or using any part of our Website, you agree to be bound by these Terms. If you do not agree to all of these Terms, then you may not access or use the Websites or any of our Services therein.
- OUR SERVICES AND ROLES.
a. We are a fully digital membership solution, helping Participants find and sign up for Continuing Education events (individually and collectively the “CE Events”) live online and live in your local area, while helping Provider’s have access to Participants to promote their CE Events. We are not the creator, organizer or owner of the CE Events listed on the Services. Rather we provide our Services, which allows Providers to promote their CE Events and manage ticketing and registration of Participants. The Provider is solely responsible for ensuring that any page displaying CE Event on the Website and the CE Event itself meets all applicable, local, state, national and other laws, rules and regulations. In addition, Provider shall be responsible for providing accurate descriptions on the event page and the CE Events are delivered as described in an accurate and satisfactory manner. If a Provider is using our payment processing, we will also act as the Provider’s limited agent solely for the purpose of using our third-party payment service providers to collect payments made by the Participants on the Services and passing such payments to the Provider.
b. Our Services enables Participants to search for and book lodging and related services at hotels, resorts, bed & breakfasts, and similar accommodations (“Accommodations”) offered by suppliers, vendors, or other providers of such Accommodations (“Suppliers”) while attending the CE Events. We do not own, control, offer, or manage any Accommodations. The Supplier is solely responsible for ensuring that any page displaying an Accommodation on the Website and meets all applicable, local, state, national and other laws, rules and regulations. In addition, Supplier shall be responsible for providing accurate descriptions of the Accommodations and the Accommodations are delivered as described in an accurate and satisfactory manner. When you book accommodations through ce.LIYA a contract is formed directly between you and the Supplier for the reservation of the hotel room(s) and you agree to abide by all terms and conditions of the Supplier. We are not a party to the contracts concluded directly between you and Suppliers. If the Supplier’s terms and conditions conflict with these Terms, these Terms apply with respect to your relationship with ce.LIYA.
- ACCESSING THE WEBSITE. In order to access the Website, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access. We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Website (or any part thereof) for any reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, interruption, suspension, or discontinuance of the Website. We are not responsible for delay or failure of our performance of any of the features of the Website caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
- MEMBERSHIP. To enjoy full access to the Website, you need to sign up for a yearly membership (the “Membership”). The services, features and functionalities available to you are determined by the subscription tier and specific terms agreed to as stated on the Website.
We reserve the right to modify, terminate or otherwise amend our offered options, pricing and plans at any time in our discretion. From time to time, we may permit non-subscribers to access certain Services, content or features for a cost or at no cost. To enjoy full access to the Website, you need to sign up for a Membership. Memberships starts on the date that you sign up and submit payment. Each billing cycle is one (1) year in length (a “Membership Cycle”). Your Membership automatically renews each year, and we will automatically bill the Membership fee to your Payment Method (as defined herein) each year, until your Membership is cancelled or terminated as provided for below. For example, if you purchase your Membership on September 5, 2021 your Membership will automatically renew on September 5, 2022 (as further explained in “Membership Cycles,” below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to times. If you upgrade or downgrade to a different membership, all such memberships will be governed by these Terms and will continue indefinitely until canceled or terminated.
ce.LIYA does not guarantee the availability of particular CE Events services, inventory, spots or other features, Accommodations, and availability may change over time and at any time (including during the course of any given Membership Cycle). The type, quantity, credits, allocation and availability of CE Events, Accommodations and other inventory offered, are determined by the Provider, and the Supplier in its sole discretion.
- INTELLECTUAL PROPERTY. Unless explicitly stated otherwise, Company owns all rights, titles, and interest in and to the Website and Services, including, without limitation, Website content, organization, graphics, design, artwork, compilation, and other matters related to or included on the Website and Services. Company name and all related names, logos, product and service names, designs, artwork and slogans are Company’s trademarks, and you must not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners and should not be used without those respective owners’ permission. Any unauthorized use, dissemination, reproduction, or copying of these terms or any content on the Website or Services will be prosecuted to the fullest extent of the law.
- FOR LAWFUL PURPOSES. You agree to use the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material which violates or infringes our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
- NO USERS UNDER 18 YEARS OLD. The Website and Services are only for users of the age of 18. If you are under the age of 18, please do not attempt to register with us at this Website or provide any personal information about yourself to us.
- FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. All of the information provided throughout the Website or in our Services (including the digital content delivered via email, blog, podcasts, live and prerecorded events, on social media, through webinars and other content, whether available for purchase or not) are resources for educational and informational purposes only. The information contained on the Website are not a substitute for personalized advice and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
- SERVICES DESCRIPTION. While we try to be as clear as possible in explaining the Services, we do not guarantee the description as entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to discontinue any of the Services at any time for any reason. All Services are subject to availability. We reserve the right to refuse or cancel any order with an incorrect price listing. Prices of all Services are subject to change.
- USER ACCOUNTS. You agree that any such information you give to the Company will always be accurate, correct and up-to-date. You agree that any usernames or passwords, may only be used by you. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We reserve the right to terminate your user account in our sole discretion.
a. In consideration for your purchase of Services, you agree to pay the price associated with that specific product or service on the Website. From time-to-time, Company may offer limited promotions through its email list or through other means. Those promotion rates are not guaranteed, and you understand that you are not entitled to any discounted prices.
b. You understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our Services to you. Should your payment fail to process, we reserve the right to withhold the purchased Services from you unless and until payment is properly rendered. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. All payments shall be in U.S. dollars.
c. By initiating a membership your order is subject to recurring charges, as such you authorize us to charging your Payment Method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the membership. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. Note that even if you do not use the membership or access the Website and/or events, you will be responsible for membership fees until you cancel your membership, or it is otherwise terminated as provided for in these Terms.
d. Membership Cycle. When you sign up and purchase your Membership your first Membership cycle will be billed immediately. Unless we expressly communicate otherwise, your Membership will automatically renew each year and you will be billed on the same date each year. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paid Membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Membership or became a paying member on April 30, 2021, your next payment date is likely to be May 1, 2022, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership.
e. Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your Membership will take effect on your next billing cycle upon notice communicated through a posting on the Website or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your Membership you will be deemed to have accepted these new fees.
f. Payment Methods. You may edit your Payment Method information by logging onto our website or mobile app and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account, or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Website or any portion thereof.
g. Cancellation of Membership. Unless we communicate otherwise, you may terminate your yearly Membership at any time before your Membership renews by going into your account settings on the Website and letting us know you would like to cancel. Unless we communicate otherwise, following any cancellation you will continue to have access to your Membership through the end of your current prepaid Membership Cycle. If you cancel your Membership or it is terminated for any reason, you will lose access to all events, content, credits or features available through the Membership.
h. We reserve the right to refuse any order placed through the Website, in our sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
- REFUND POLICY.
a. Membership with ce.LIYA. ALL SALES ARE FINAL, AND YOU AGREE NO REFUNDS WILL BE PROVIDED. As such, you agree not to raise a dispute with your financial institution and/or credit card provider for Services you purchased and that we delivered to you.
b. CE Event Cancellation and Rescheduling. Participant understands that the purchasing of an CE Event is between Participant and Provider, as such Provider is responsible for their individual refund and rescheduling policy for CE Events and for any refund requests by Participant. Participant must contact the Provider for any refund or rescheduling requests for a CE Event. We are not responsible for the policies of the Provider.
c. Accommodations Cancellation and Rescheduling. Participant understands that the purchasing of an Accommodations is between Participant and Supplier as such Supplier is responsible for their individual refund and rescheduling policy and for any refund requests by Participant. Participant must contact the Supplier for any refund or rescheduling requests for the Accommodations. We are not responsible for the policies of the Supplier.
- CERTIFICATIONS. As part of the Services provided by Company you will receive a certification for attending the CE Events (“Certification”) as proof of attendance. To access the Certification, you will receive a QR code. When you sign up for a CE event through ce.LIYA and attend the event you will be required to scan your QR code at the CE Event and it will mark you as attending. At the end of the CE Event the Provider will digitally release the Certification, at such point you can access your Certification on the ce.LIYA Website and such Certification can be printed and saved. You understand that to access the Certifications you will have to be an active member of Company. If you cancel your Membership, you will be required to save all Certifications off the Website prior to cancellation. For an issue with the Certification being on the Website please contact the Provider. All technical issues please contact Company.
- LIMITED LICENSE. Your ability to view content on our Website, grants you a limited, revocable, non-transferrable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase Services from our Website, the Company grants you a limited, personal, non-exclusive, non-transferable license to use them for your own personal and internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to publish, modify, edit, copy, reproduce, create derivative works of, reverse engineer, transfer, alter, sell, create derivate works of, enhance or in any way exploit any of the products in any manner, except for modifications in filling out the products for your authorized use. You shall not remove any copyright notice from any of the Website or Services. Doing so may infringe on our intellectual property rights, as outlined above.
- NO RESALE OF SERVICES OR WEBSITE CONTENT. You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Services or Website or content or other information or materials of any kind that you do not own without our express prior written consent. This includes digital products, photographs, illustrations, artwork and/or free downloads.
- AFFILIATE DISCLAIMER. Please note this Website may contain links to affiliate websites, and we receive an affiliate commission, services and/or complimentary products for any purchases made by you on the affiliate website using such links.
- TESTIMONIALS DISCLAIMER.The Website may contain testimonials by users of our Services. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our Services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
- PERSONAL RESPONSIBILITYYour decision to visit our Website, use information contained herein, and purchase Services we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business, life, health, or family resulting from direct or indirect use of materials or content contained on our Website. You agree to hold Company harmless from any damages directly or indirectly resulting from your use of content or Services on our Website or distributed through email, and agree you will not make any claims against Company herein.
- NO ENDORSEMENTS.We may provide links to other websites or resources, which are not maintained by or related to us. We have no control over these websites or resources and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, goods, services, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and is not responsible or liable for, any content, advertising, products, services, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
- THIRD PARTIES CONNECTING TO OUR WEBSITE. Company is not responsible for the content or practices of third-party websites that may be linking to our Website and Company makes no representation or warranty regarding such third parties, their websites, their content, or their goods and services.
- NO CLASS ACTIONS.YOU AND CE.LIYA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEVE WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
- SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED. Information you provide or share with us directly or indirectly, on our Website, (whether in the form of emails, text messages, comments, audio calls or video calls) will not be treated as confidential or privileged, as they may be broadly available to other persons, both inside of and/or outside of the Company. Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company.
- FEEDBACK, COMMENTS AND TESTIMONIALS. With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, calls, otherwise, for the purposes of marketing or promoting the Company’s services and/or products.
- ERRORS, INACCURACIES, AND OMISSIONS. Information provided about the Website and/or Services is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Website.
- NO GUARANTEE. The Company may share the successful results, testimonials or reviews of the Company, its users, or customers on the Website. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Website and using our services you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Website and/or Services is a promise, warranty or guarantee to you of such results.
- NO WARRANTIES
a. The use of the Website and Services are at your sole risk. The Website and Services are provided on an “as is” and “as available” basis. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Website and Services. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (1) THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE AND SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE WEBSITE AND SERVICES WILL BE ERROR-FREE AND/OR ANY ERRORS ON THE WEBSITE AND SERVICES WILL BE CORRECTED. No advice or information, whether oral or written, obtained by you from us through or from the Website shall create a warranty not expressly stated in these Terms. Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the foregoing may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.
b. You acknowledge that ce.LIYA does not guarantee the quality, safety, accuracy or legality of any CE Event or the truth or accuracy have any information provided by Provider at the CE Event. We have no responsibility to you for, and hereby disclaim all liability arising from, the acts or omission of any Provider.
- LIMITATION OF LIABILITY. You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Services and/or any information and resources contained on the Website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Website and/or Services. Our liability to you or any third parties under any circumstance is limited to the the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
- INDEMNIFICATION. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website and Services and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
- REFUSAL OF SERVICE.We reserve the right to refuse access to the Website to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Website, if you violate the Terms.
- INDEPENDENT CONTRACTOR. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Services, which may include education and information. The information contained in the Services including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
- TERMINATION. The Company reserves the right, in its sole discretion, to terminate your access to the Website and/or Services or any portion thereof at any time, without notice.
- DISPUTE RESOLUTIONShould any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by Mediation in Mesa, Arizona by the American Arbitration Association, Dispute Resolution Services, and agree to be bound by the decision(s) of the selected mediator. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by the both of us. If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in Mesa, Arizona. party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
- EFFECT OF HEADINGS. The subject headings of the paragraphs and subparagraphs of the Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
- WAIVER. Company’s waiver of any of the provisions of these Terms shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
- SEVERABILITY. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- ASSIGNMENT. You may not assign these Terms without the express written consent of Company.
- GOVERNING LAW. The Terms shall be governed by the laws of the State of Arizona
- CHANGES TO TERMS. The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
- HOW TO CONTACT US. Please contact us at firstname.lastname@example.org with any question or comments regarding the Terms.