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Policies of Use for CLEcast website and products

TERMS OF USE

Updated February 2025

 

Thank you for using the CLEcast platform and the videos, services, and features we make available to you as part of the platform, including without limitation the CLEcast.net and CLEcast videos found on Vimeo (collectively, the “Service”). 

 

The Service is owned and provided by CLEcast, a division of Democracy Geek, LLC a company operating under the laws of Oregon. References to the “Company,” “CLEcast” “Democracy Geek,” “we,” “us,” or “our” refer to Democracy Geek, LLC. Democracy Geek, LLC may be reached at P.O. Box 13182, Portland, OR, 97213, or at info@CLEcast.net.

 

Your use of the Service is subject to these terms and conditions, the Privacy Policy, and any other documents they expressly incorporate by reference (collectively, “Terms of Use”), which may be updated from time to time. The Terms of Use govern your access to and use of the Service, including any content, functionality, and services offered on or through CLEcast.net, whether as a guest, member or a registered user.

 

Please read the Terms of Use carefully before using the Service. Your use of the Service constitutes your acceptance of these terms and conditions and your agreement to be bound by them.  Please make sure you understand these Terms of Use. If you do not understand, or do not agree or accept any part of the Terms of Use, you may not use the Service.  

 

These Terms of Use may change at any time in our sole discretion and without prior notice to you. All changes are effective immediately once posted and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Requirements for Use

The Service is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Service, you represent and warrant that you are of legal age to form a binding contract with CLEcast and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service. We make no claims that any Content is accessible or appropriate outside the United States.  Access to the Service from outside the United States is done on your own initiative and Democracy Geek is not responsible for compliance with local laws.

 

If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts these Terms of Use.

 

Accessing the Service

The content on the Service includes CLE and other videos, audio, graphics, photos, text (such as written CLE materials which accompany the videos), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Democracy Geek or a third-party (collectively, "Content”).

 

We reserve the right to withdraw or amend the Content or any portion of the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Content, or the entirety of the Service, to users.

 

Your Information

It is a condition of your use of the Service that all the information you provide on to us is correct, current, and complete. You agree that all information you provide to register to use the Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Content or portions of the Service using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Intellectual Property Rights

You may access and use the Service as made available to you, as long as you comply with these Terms of Use and applicable law. You may view or listen to Content for your personal, non-commercial use.

 

The Service and all contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Democracy Geek, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as follows:

 

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Content for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

 

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

 

You must not modify copies of the Content; use any Content including illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials associated with the Service. You must not access or use for any commercial purposes any part of the Content or any Service or materials available to you by Democracy Geek. 

 

If you wish to make any use of any Content other than that set out in this section, please contact info@CLEcast.net with your request.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Content in breach of these Terms of Use, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the Content you have made. No right, title, or interest in or to the Service or any Content is transferred to you, and all rights not expressly granted are reserved by Democracy Geek. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

The Company name, the term “CLEcast”, the term “Democracy Geek”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CLEcast and Democracy Geek or its affiliates or licensors. You must not use such marks without the express prior written permission from the Company. All other names, logos, product and service names, designs, slogans associated with the Content  are the trademarks of their respective owners.

 

Copyright Infringement

We respect the intellectual property rights of others, and we ask that our visitors do the same.  If you think that your work has been copied in a manner that constitutes copyright infringement, please notify us at info@CLEcast.net.

 

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:

 

  • In any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries.

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate CLEcast or Democracy Geek, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm CLEcast or Democracy Geek or users of the Service, or expose them to liability.

 

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Content.

  • Use any robot, spider, or other automatic device, process, or means to access the Content for any purpose, including monitoring or copying any of the Content Material.

  • Use any manual process to monitor or copy any of the Content, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Service.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Content is stored, or any server, computer, or database connected to the Content.

  • Attack the Content via a denial-of-service attack or a distributed denial-of-service attack.

  • Circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service, including security-related features or features that prevent or restrict the copying or other use of Content.

  • Otherwise attempt to interfere with the proper working of the Service.

 

Submissions 

All remarks, suggestions, ideas, graphics, data or other information communicated to CLEcast and Democracy Geek through this website, via facsimile, voice mail, telephone call, U.S. mail, electronic mail, or any other form of communication will be treated as non-proprietary and non-confidential and become the property of Democracy Geek without compensation, for exclusive use at our discretion.

 

Changes to the Service

We may update the Content provided as part of the Service from time to time, but Content is not necessarily complete or up-to-date. Any of the material provided as part of the Content may be out of date at any given time, and we are under no obligation to update such material. 

 

Processing of Orders & Accessing Videos

CLEcast CLEs and other Content are provided as online courses and on-demand videos.  After purchase and payment has been confirmed, you will be provided with access to the online course, which contains a video and written materials.  Please check that you are able to access the courses prior to purchase as we do not allow for refunds due to the nature of digital products.  A free course is available, which can be used for this purpose.

  

Cancellation Policy & Refunds

All sales are final. Due to the nature of these digital products, we do not accept returns and will not refund your purchase.  Prior to purchase, you must ensure that your device can stream the course, which can be done through the free video course offered on the website.  We will not refund because you cannot access the course through your computer, phone or other devices.  Should you believe there is reason CLEcast and Democracy Geek to deviate from this policy, you must contact us by email within 7 days of purchase at info@CLEcast.net

 

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 

Links from the Website

If the Service contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to, from or as part of the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Content will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

 

Use at Your Own Risk

Your use of the Service and the Content, and anything obtained from them is at your own risk. The Service and Content are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Content or any Service or items obtained through from the Company will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Content or any Service or items obtained from the Company will otherwise meet your needs or expectations.

 

To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

 

Accreditation

CLEcast makes every effort to seek accreditation for our courses upon completion. However, it is important to note that the ultimate responsibility for CLE credit eligibility lies with the individual attorneys. Please be aware that there may be exclusions or limitations on CLE credit applicability in certain states. Our courses may not qualify for CLE credit in all jurisdictions. It is the responsibility of each attorney to determine whether our courses meet the requirements of their specific state for CLE credit. We strongly advise all attorneys to carefully review and familiarize themselves with their respective state rules and regulations pertaining to CLE credits. Furthermore, we recommend that attorneys stay proactive and regularly consult with their state bar association to remain informed about any updates or changes to CLE requirements during the current compliance period. While we strive to provide accurate and up-to-date information, it is crucial to acknowledge that state rules and requirements can evolve over time. Therefore, it is the sole responsibility of each attorney to ensure compliance with their state’s CLE regulations.

 

Limitation on Liability

To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Service, any websites linked to it, any Content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort including negligence, breach of contract, or otherwise, even if foreseeable.

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DEMOCRACY GEEK, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

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  1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;

  2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;

  3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;

  4. ANY INTERRUPTION OF THE SERVICE;

  5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;

  6. ANY CONTENT PROVIDED THROUGH THE SERVICE; AND/OR

  7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

 

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

 

FURTHERMORE, DEMOCRACY GEEK’S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT THAT YOU HAVE PAID DEMOCRACY GEEK FOR USE OF THE SERVICE AND/OR CONTENT; AND (B) USD $500.

 

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Content, including, but not limited to, any material or information contributed by you,  any use of the Service or the Content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from your use of the Service.

 

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its choice of law principles.

 

AGREEMENT TO ARBITRATE

In the interest of resolving disputes between You and the Company in the most expedient and cost-effective manner, you and the Company agree that every dispute arising in connection with these Terms of Use will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award (although the arbitrator must abide by the limits on damages in these Terms of Use) and must enforce applicable statutes of limitation and legal defenses. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when such claim arises. BY USING THE SERVICE OR THE CONTENT, YOU ARE WAIVING YOUR RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL BE ON AN INDIVIDUAL BASIS.

 

Procedures

Any arbitration between You and Democracy Geek LLC will be resolved under the Federal Arbitration Act, administered by the American Arbitration Association (“AAA”) and governed by the Commercial Dispute Resolution Procedures of the AAA, and where the claim is by or against a natural person and involves a product or service for personal or household use, then the arbitration will be governed by the AAA Consumer Rules (collectively, “AAA Rules”), as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org.

 

Notice of Claim

If you intend to seek arbitration, you must first send a written notice (“Notice”) of your claim or dispute to Democracy Geek by certified U.S. Mail or by Federal Express (signature required). Democracy Geek’s address for Notice is Democracy Geek’s address of record as listed above. The Notice must describe: (a) the nature and basis of the claim or dispute; and (b) the remedy that You want (“Demand”). You and Democracy Geek agree to make good faith efforts to resolve the claim directly, but if you and Democracy Geek do not reach an agreement within 30 days after the Notice is received, you or Democracy Geek may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Democracy Geek must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

 

Waiver of Class Actions and Right to Trial by Jury

To the fullest extent permitted by law, you acknowledge and agree that you may bring claims against Democracy Geek only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. CLASS ACTIONS, CLASS ARBITRATIONS, REPRESENTATIVE ACTIONS, AND/OR CONSOLIDATION OF ACTIONS OR ARBITRATIONS ARE NOT ALLOWED. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION AND TO A TRIAL BY JURY.

 

Location

The arbitration hearing will take place at a location to be agreed upon in Multnomah County, Oregon. If your claim is for ten thousand ($10,000) or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance-based telephone hearing.

 

Attorneys’ Fees

In the event a suit, action, arbitration, or other proceeding of any nature whatsoever, is instituted, to interpret or enforce any provision of these Terms of Use, or with respect to any dispute relating to the Service or Content, the prevailing party shall be entitled to recover from the losing or defaulting party its attorneys’, paralegals’, accountants’, and other experts’ fees and all other fees, costs, and expenses actually incurred in connection therewith (the “Fees”). In the event of suit, action, arbitration, or other proceeding, the amount of Fees shall be determined by the judge or arbitrator, shall include all costs and expenses incurred on any appeal or review, and shall be in addition to all other amounts provided by law.

 

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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Limitation on Legal Action

YOU AND DEMOCRACY GEEK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Entire

The Terms of Use, including the CLEcast Guidelines and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Service and Content and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service and Content.

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