Terms and Conditions
This Agreement, between Auctor Schola , LLC (referred to as "Auctor Schola ") and the individual viewing this online Agreement ("End User", "You", or "Your"), governs your access to the Auctor Schola online learning management system known as BL41. BL41 includes content provided by both Auctor Schola and third parties, along with associated documentation, media, updates, and other materials (collectively referred to as "Auctor Schola Courses"). Prior to accessing the Auctor Schola Courses on BL41, You must agree to its terms.
By accepting the terms and conditions during registration or by using our service, you are agreeing to be bound by this agreement. The term "use" encompasses accessing, transmitting, exchanging information, and any communication related to the service. If you do not agree with this agreement or any of its terms, you will not have a license to access Auctor Schola LLC courses. It is important to note that our acceptance is contingent upon your consent to all the terms outlined in this agreement; if these terms are seen as an offer from Auctor Schola LLC, then by using our service you are accepting it.
If you are accepting this Agreement on behalf of a company, organization, government, or other legal entity, you confirm that (i) you have the authority to do so and (ii) the entity agrees to be legally bound by this Agreement. The Auctor Schola , LLC Courses and website can only be accessed by individuals who are of legal age and capable of entering into binding contracts under applicable law. It is important to note that the Auctor Schola , LLC Courses and website are not intended for use by individuals under 18 years old. If you do not meet these qualifications, please refrain from enrolling in any courses offered by Auctor Schola .
- 1. LICENSE. In exchange for your payment of Auctor Schola ,LLC 's license fees, Auctor Schola ,LLC grants You, subject to the terms and conditions of this Agreement, a personal, restricted, limited-time, nonexclusive, nontransferable, nonsublicensable, revocable license to access and use the Auctor Schola ,LLC Courses bought by You solely for Your own personal or internal business purposes through BL41 (the "License").
- 2. RESTRICTIONS .The License provided to You is exclusively for your use. You are not allowed to transfer any of the rights given in this Agreement, nor can you allow others, such as your subsidiaries or affiliates, to benefit from the use or features of the Auctor Schola , LLC Courses. Any effort by You to transfer these rights or responsibilities will be considered invalid and a violation of this Agreement. The Auctor Schola , LLC Courses are licensed as one product and cannot be shared among multiple users. Auctor Schola ,LLC Courses cannot be assigned to another person once you have enrolled in them. Libraries of Auctor Schola ,LLC Courses can only be accessed by one individual at a time. Directly or indirectly, you may not, nor may you authorize any third party to, do any of the following: (i) use, copy, print, modify, adapt, create derivative works of, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, distribute, publicly perform, publicly display, or otherwise grant rights to Auctor Schola ,LLC Courses, or any copy thereof, except as expressly provided in this Agreement;(ii) reverse engineer, disassemble, decompile, or translate the Auctor Schola ,LLC Courses, or attempt to derive their source code, structural framework, or data records; (iii) loan or resell the Auctor Schola ,LLC Courses, or any part thereof in any way, including, but not limited to, making the Auctor Schola ,LLC courses can accessible to individuals through various methods, such as using a service bureau or time sharing basis. This may involve shared access to a computer network and access information, including log-in credentials and authentication data for the Auctor Schola , LLC Courses. It is prohibited to remove any proprietary notices or labels from the courses, make copies of them or accompanying printed materials/documentation, give copies to others, or duplicate the courses through any other means. This paragraph covers the use of electronic transmission, excluding any cases mentioned here. You can print one copy of an e-kit (provided electronically) as instructed specifically for that particular e-kit. However, it is not allowed to download any Auctor Schola , LLC courses onto your devices. Additionally, copying or reproducing the Auctor Schola , LLC courses on any server or location for further reproduction or distribution is strictly prohibited.
2.1 You are not allowed to directly or indirectly, or through a third party, engage in any of the following activities with regard to the BL41: (i) copying it or any part thereof; (ii) attempting to uncover its source code by reverse engineering, decompiling, disassembling, or any other means; (iii) creating derivative software programs based on the BL41; (iv) tampering with or disrupting its performance or data integrity; (v) trying to gain unauthorized access to the BL41, its associated data, systems, or networks; and (vi) sharing confidential information about it with anyone.
- 3. OWNERSHIP. Auctor Schola ,LLC's Courses (including but not limited to copyrights, patents, patent applications, trade secret rights, trademarks, source code, text, images, photographs, icons, graphics, animations, videos, audio, music, and other media incorporated into Auctor Schola ,LLC Courses) and the BL41 belong to Auctor Schola ,LLC, or its licensors and suppliers and are protected by international and U.S. copyright laws. The Auctor Schola ,LLC Courses are licensed, not sold, to You for use only under the terms of this Agreement, and Auctor Schola ,LLC reserves all rights not expressly granted to You. Auctor Schola ,LLC training.com, the Auctor Schola ,LLC Course names, and the Auctor Schola ,LLC logo referenced in the Auctor Schola ,LLC Courses are either trademarks or registered trademarks of Auctor Schola ,LLC. Auctor Schola ,LLC Courses may mention other products and companies as trademarks of their respective owners. Unless you purchase a limited license to the Auctor Schola ,LLC Courses, you will not own or have any other rights, titles or interests in or to the Auctor Schola ,LLC Courses, including but not limited to any copyright and trademark rights. Upon Your infringement of Auctor Schola ,LLC's or its licensors' intellectual property rights in or to the Auctor Schola ,LLC Courses, You will indemnify Auctor Schola ,LLC for all costs, expenses, and damages incurred by Auctor Schola ,LLC.
- 4. Term. There is an expiration date for every Auctor Schola ,LLC course. Unless otherwise specified in the Auctor Schola ,LLC Course, each Auctor Schola ,LLC Course License will expire one (1) year after it is issued by You, except in Oklahoma, where your Course License will expire six (6) months after it is issued by you, in accordance with Oklahoma regulatory requirements. Auctor Schola ,LLC will grant you a license on the date you purchased the Auctor Schola ,LLC Course from Auctor Schola ,LLC (the date of online payment or invoice if purchased in person) and the license will expire at the earlier of: (i) you successfully complete the licensed Auctor Schola ,LLC Course as evidenced by passing the final exam and/or receiving a certificate of completion; or (ii) the expiration date of the Auctor Schola ,LLC Course License. You agree and understand that upon termination of the License, you will no longer be able to use or access the Auctor Schola ,LLC Course you licensed. In case this Agreement is terminated, Sections 2 (“Restrictions”), 3 (“Ownership”), 8 (“Warranty Disclaimer”), 9 (“Limitation of Liability”), 11 (“Export Law”), 12 (“General”), and 14 (“Modifications”) will survive.
- 5. Termination. With respect to Auctor Schola ,LLC Course Licenses, this Agreement will terminate immediately without notice to You (i) if your License terminates under Section 4; or (ii) if you violate any of the terms and conditions of this Agreement. Auctor Schola ,LLC reserves the right to modify or terminate any Auctor Schola ,LLC Course or Auctor Schola ,LLC services and/or product offerings at any time without notice to You. You have the option to end a Auctor Schola , LLC Course License by informing Auctor Schola , LLC in writing. Once we receive your termination notice, the Auctor Schola , LLC Course License will end and you will no longer have access to it. Additionally, if any agreement between Auctor Schola , LLC and a third-party supplier of a Auctor Schola , LLC Course comes to an end or expires, your right to use that specific course will also cease.
- 6. Third Party Sources. Auctor Schola ,LLC Courses may contain proprietary information that belongs to one or more third parties. The third party(ies) and Auctor Schola ,LLC suppliers are third party beneficiaries of this Agreement and are authorized to enforce this Agreement directly against You in connection with any agreements they have with Auctor Schola ,LLC.
- 7. Content Maintained by Auctor Schola . As a result, you acknowledge and agree that: (i) Auctor Schola ,LLC may, from time to time, elect to update the Auctor Schola ,LLC Courses, but Auctor Schola ,LLC does not guarantee that any Auctor Schola ,LLC Courses will be updated, or that any updates will be available to You, at any time during the term of this Agreement; (ii) Auctor Schola ,LLC does not assume, and expressly disclaims, any obligation to update and include any information in the Auctor Schola ,LLC Courses; (iii) Auctor Schola ,LLC does not advocate the use of any product described in the Auctor Schola ,LLC Courses (or elsewhere), and Auctor Schola ,LLC cannot be held responsible for misuse of a product caused by typographical or other errors within the Auctor Schola ,LLC Courses, your negligence or otherwise; (iv) You agree to seek additional information from the manufacturer on any product; (v) You will only use the content included in the Auctor Schola ,LLC Courses as a reference tool, and such content is not intended (nor should it be used as) a replacement for professional judgement. You should verify the content of the Auctor Schola ,LLC Courses through independent sources since human error or changes in technology are possible.
- 8. Warranty Disclaimer. Auctor Schola ,LLC COURSES are provided "as-is" and "with all faults." Auctor Schola ,LLC AND ITS AFFILIATES, AGENTS, DISTRIBUTORS, SUPPLIERS AND LICENSORS: (i) Cannot and Do Not Warrant The Accuracy, Completion, Currentness, or Non-Infringement of the Auctor Schola ,LLC COURSES PROVIDED HEREUNDER; or That The Auctor Schola ,LLC COURSES WILL BE ERROR-FREE,OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS OR WILL FUNCTION IN ACCORDANCE WITH RELATED DOCUMENTATIONS IN EVERY COMBOUNDATION OF HARDWARE PLATFORM, SOFTWARE ENVIRONMENT AND PRODUCT CONFIGURATION; AND (ii) EXPRESSLY DISCLAIMER ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIES, INCLUDING STATUTORY DISCLAIM. As well as the implied warranties and conditions of merchandising, fit for a particular purpose, title, and non-infringement. The Auctor Schola ,LLC COURSES are entirely at your own risk, including the risk of selecting the Auctor Schola ,LLC courses to achieve the results and performance you intend, as well as the risk of using the Auctor Schola ,LLC courses. When warranties cannot be disclaimed or excluded, they are limited to the minimum warranty period required by law.
- 9. JOB PLACEMENT DISCLAIMER. Any course offered by Auctor Schola ,LLC does not guarantee job placement upon enrollment, completion, or use.
- 10. LIMITATION OF LIABILITY. Auctor Schola ,LLC ,Broker League, LLC, nor its affiliates, agents, licensees, distributors, or suppliers shall not be liable under any claims, demands, or actions arising from or related to your use of Auctor Schola ,LLC courses, or Auctor Schola ,LLC's performance of (or failure to perform) any obligations under this agreement. ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, LOSS OF BUSINESS INFORMATION, AND OTHER DAMAGES CAUSED BY THE INABILITY TO USE THE Auctor Schola ,LLC COURSES, The Auctor Schola ,LLC or its affiliates, agents, licensees, distributors, or suppliers shall not be held liable for any loss or damage suffered by any user, regardless of whether such loss or damage was reasonably foreseeable. To the maximum extent permitted by law, Auctor Schola ,LLC , Broker League, LLC has no aggregate liability for damages incurred in connection with this agreement, the Auctor Schola ,LLC courses, or the services provided pursuant to this agreement, regardless of whether they are based on BREACH OF CONTRACT, TORT (including NEGLIGENCE), strict liability, product liability, or any other legal OR EQUITABLE THEORY, EXCEED THE AMOUNT YOU PAID FOR THE Auctor Schola ,LLC COURSE FROM WHICH SUCH LIABILITY Arose. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION, EVEN IF THE ESSENTIAL PURPOSE OF THIS AGREEMENT IS FAILED OR THE LIMITED REMEDIES HEREUNDER ARE NOT FAVORABLE. A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN Auctor Schola ,LLC AND YOU IS THIS LIMITATION OF DAMAGES. This agreement does not modify or exclude any statutory consumer rights that cannot be lawfully modified or excluded. CERTAIN COUNTRIES, STATES, JURISDICTIONS AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, REPRESENTATIONS OR CONDITIONS AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITHOUT WARRANTIES, REPRESENTATIONS, Consequently, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS TITLED "WARRANTY DISCLAIMER" AND "LIMITATION OF LIABILITY" MAY NOT APPLY TO YOU. YOUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW ONLY IF ALL LIMITATIONS AND EXCLUSIONS ARE LAWFUL IN YOUR JURISDICTION.
- 11. Government End User. If you are a government employee using or accessing the Auctor Schola , LLC Courses, please be aware that these courses are considered a "commercial item" under FAR 2.101 (Oct 1995). This means that they consist of "commercial computer software" and "commercial computer software documentation," as defined in 48 C.F.R. 12.212 (Sep 1995), and are provided to the U.S. Government solely as a commercial end product. As per FAR 12.212 and DFARS 227.7202 (Jun 1995), all U.S. Government users only have the rights outlined herein when acquiring the Auctor Schola , LLC Courses. A U.S. government entity may not modify, reproduce, release, perform, display, disclose, or transfer the Auctor Schola ,LLC Courses except to the extent explicitly allowed by this Agreement and in accordance with its terms. Any use, modification, reproduction, release, performance, display, disclosure, or transfer will be subject to the terms of this Agreement.
- 12. EXPORT LAW. The courses and technology offered by Auctor Schola , LLC are governed by U.S. export control laws and may be subject to regulations in other countries as well. Without prior written approval from Auctor Schola , LLC, you are not allowed to export or re-export any part of the courses or related processes to any country, person, or entity that violates U.S. export restrictions. Any and all claims, losses, liabilities, damages, fines, penalties, costs, and expenses (including attorneys' fees) arising from or relating to any breach by You of Your obligations under this Section 11 will be indemnified and held harmless by Auctor Schola ,LLC. This Agreement will remain in effect after it expires or is terminated.
- 13. GOVERNING LAW AND VENUE. The laws of the state of Oklahoma, along with the laws of the United States, will govern and interpret this Agreement. You agree to submit to the jurisdiction and venue of the federal and state courts located in Oklahoma County, Oklahoma (USA), waiving any defenses related to lack of personal jurisdiction or forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods does not apply and is explicitly excluded from this Agreement.Any court with competent jurisdiction has the jurisdiction to grant injunctive relief or other equitable relief to protect Auctor Schola ,LLC's intellectual property (such as copyrights and trademarks).
- 14. WAIVER. It will not affect either party's right to require strict performance of any provision hereof at any time thereafter if either party does not demand strict performance of that provision; neither party's waiver of a breach of any provision hereof will be interpreted or construed as a waiver of that provision. There is no effective waiver of any right or provision herein unless it is in writing and signed by both parties' authorized representatives
- 15. ASSIGNMENT. Without the prior written consent of Auctor Schola , LLC, you cannot transfer your rights or responsibilities under this Agreement. Auctor Schola , LLC has the authority to refuse such request at its discretion. Any attempted assignment without written consent from Auctor Schola , LLC will be considered invalid. However, Auctor Schola , LLC is permitted to assign its own rights and obligations under this Agreement whenever it sees fit. Overall, this Agreement will apply to and benefit all parties involved as well as their successors and authorized assigns.
- 16. SEVERABILITY. Any other parts of this Agreement will nevertheless remain enforceable if any part of it is found to be unenforceable for any reason, so long as the rights of a party under this Agreement are not materially affected. To replace the unenforceable provision, the parties will add a provision in this Agreement that has the same economic and business objectives as the unenforceable provision.
- 17. COMPLETE AGREEMENT. This Agreement represents the full and sole agreement between Auctor Schola , LLC and You, surpassing any previous proposals or agreements, whether spoken or written, as well as any other communications regarding the subject matter of this Agreement. Any changes to this Agreement must be in writing and signed by both parties' authorized representatives unless stated otherwise. The section headings are included for convenience purposes only and do not impact the understanding or application of this Agreement.
- 18. REFUND AND CANCELLATION POLICY. If you are not satisfied with your purchase, you may request a refund within 72 hours of your purchase, provided: - You have not completed more than 5% of the course content or attempted any quiz or exam. If you have not received a certificate of completion for your purchase, please provide a valid receipt as well as a written explanation of your request. If you would like to receive a refund, kindly send an email to [email protected] using "Refund Request" as the subject line and provide the necessary information mentioned earlier. Your
request will be handled within 12 business days, and we will reimburse you through the same
payment method used during your purchase. It is important to note that refunds are not applicable in
the following cases: - Inability to pass quizzes, exams, or assessments within the permitted attempts
according to course guidelines. - Failure to verify your identity using the designated methods (e.g.,
state or government ID, security questions, etc.) If a course has specific terms and conditions that override this refund policy, those terms and conditions will be clearly stated during the registration process.
- 19. NOTICES. By agreeing to receive electronic communications from Auctor Schola , LLC, you authorize us to contact you through the email address linked to your account or by posting notifications on our website. You acknowledge that all agreements, notices, disclosures, and other forms of communication provided electronically fulfill any written communication requirements. Delivery of any notices intended for you will be considered successful once sent to the email address you have provided. Please send notices to: Auctor Schola , LLC 6701 N Broadway Ext Suite 204 Oklahoma city, OK 73116.
- 20. FORCE MAJEURE. Except for the payment to Auctor Schola , LLC, neither party will be held responsible for any failure, insufficiency or delay in meeting their obligations under this Agreement due to unforeseen circumstances beyond their control. These circumstances may include but are not limited to natural disasters like storms, floods or fires, damages caused by aircrafts or explosions, failures in electrical or communication lines, disturbances or acts of war and terrorism. Additionally, government actions or administrative delays, equipment failures,any cause or matter beyond a party's reasonable control,and non-delivery of materials could also be considered as force majeure events.A party affected by such a force majeure will be entitled to a reasonable extension of time to perform its obligations.
- 21. RELATIONSHIP. There is no agency, partnership, joint venture, or employment relationship created by this Agreement or Your use of the Auctor Schola ,LLC Courses, and You do not have any authority to bind Auctor Schola ,LLC in any way.
- 22. MODIFICATIONS. Auctor Schola ,LLC reserves the right, in its discretion, to change, modify, add to, or remove portions of this Agreement (collectively, "Changes") at any time. Upon receiving Changes, Auctor Schola ,LLC will send you an email to the address specified in Your account or post a revised version of the Agreement on Auctor Schola ,LLC's website incorporating the Changes.You will be deemed to have accepted and agreed to the Changes if you continue to use or access Auctor Schola ,LLC Courses after receiving notice of the Changes or after the Agreement has been posted on the Auctor Schola ,LLC website incorporating the Changes. On the date the Changes are posted to the Auctor Schola ,LLC website, they will take effect prospectively.
- 23. REGISTRATION INFORMATION.By registering, you commit to supplying Auctor Schola , LLC with precise and thorough personal details. You also undertake the responsibility of promptly informing Auctor Schola , LLC in case any modifications occur to your registration information. Neglecting to notify these changes may lead to a failure in receiving Course completion credit and will be considered a violation of this Agreement. Consequently, Auctor Schola , LLC reserves the right to terminate your License. Upon registration, you'll receive a password that can either be automatically assigned by Auctor Schola , LLC or chosen by yourself.
- 24. ENROLLMENT FEE. At the time of registration, you will see the Course enrollment fee on the Auctor Schola ,LLC website. Upon payment of your enrollment fee, Auctor Schola ,LLC will provide you with access to all Course materials through the Auctor Schola ,LLC Learning Management System. All coursework must be completed within 180 days of your enrollment.
- 25. CONDUCT. Fines, suspensions, license revocations, and other penalties may result from cheating. Cheating is defined as allowing someone else to complete any part of the course, including unit quizzes and the final exam, without your consent. Upon accepting the terms of this Agreement, you acknowledge that you will be the only one participating in and completing the Course.
- 26. Miscellaneous. In addition, we reserve the right to change our subscription fees and billing methods at any time and from time to time or to charge separate fees for information, materials, and services (defined below). Should any changes be made, you will be notified in advance, and you may terminate your subscription as described below if any changes are not acceptable. Your subscription, password, or the Service may also not be used, nor allowed to be used to: (a) disrupt, impair or interfere with, modify, alter, or alter the Service or any Material, or act in a manner that negatively affects or reflects on us, the Service, or anyone else; (b) transmit or communicate any advertising, promotion, or solicitation; or (d) collect or attempt to collect any other information about others, including passwords and account information.
- 27. CRIMINAL CONVICTION NOTICE. Please consult your local state approval board if you have any criminal history to determine whether you are eligible for a real estate license.A criminal history may make you ineligible for a real estate license.
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