Indemnity

By registering as a learner on the CustomCE.com website, you agree to indemnify, hold harmless and defend Custom Continuing Education, LLC [DBA CustomCE] from and against any claims, losses, liabilities, damages, costs or expenses from any and all suits and causes of action brought against Custom Continuing Education, LLC [DBA CustomCE] by any third party or parties and arising out or resulting from your acts or failure to act. You shall employ legal counsel to defend such suit or action at your expense. Custom Continuing Education, LLC [DBA CustomCE] shall have the right to approve such counsel but Custom Continuing Education, LLC [DBA CustomCE] may not unreasonably withhold its approval. Upon notice of any suit or action, Custom Continuing Education, LLC [DBA CustomCE] shall promptly notify you and Custom Continuing Education, LLC [DBA CustomCE] shall cooperate in your defense. Custom Continuing Education, LLC [DBA CustomCE] shall have the right, at its sole expense, to employ separate legal counsel to participate in the defense. Custom Continuing Education, LLC [DBA CustomCE] shall have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations.

Disclaimers

THE CUSTOMCE.COM OFFERINGS ARE PROVIDED “AS IS.” CUSTOM CONTINUING EDUCATION, LLC [DBA CUSTOMCE] AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE CUSTOMCE.COM OFFERINGS, INCLUDING ANY WARRANTY THAT THE CUSTOMCE.COM OFFERINGS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, CUSTOM CONTINUING EDUCATION, LLC [DBA CUSTOMCE] AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

Limitations of Liability

NEITHER CUSTOM CONTINUING EDUCATION, LLC [DBA CUSTOMCE] NOR ITS LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF CUSTOM CONTINUING EDUCATION, LLC [DBA CUSTOMCE] OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER CUSTOM CONTINUING EDUCATION, LLC [DBA CUSTOMCE] NOR ITS LICENSORS WILL BE LIABLE TO YOU FOR YOUR INABILITY TO RENEW YOUR PROFESSIONAL LICENSE OR LICENSES. YOU ARE SOLELY RESPONSIBLE FOR MEETING THE LICENSING REQUIREMENTS IN THE STATE OR STATES IN WHICH YOU ARE LICENSED.

Governing Law

The CustomCE Learner Agreement and CustomCE Learner Policies will be interpreted, construed and enforced in accordance with the laws of the State of Washington without regard to its choice of law principles to the contrary. By registering as a learner on the CustomCE.com website, you irrevocably consent to the jurisdiction and venue of any state or federal court located in King County, Washington, with regard to any legal or equitable action or proceeding relating to the CustomCE Learner Agreement or CustomCE Learner Policies or both.