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Terms of service

1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Ruthaby LLC d/b/a AchieveCE (“we,” “us” or “our”), concerning your access to and use of the AchieveCE.com website (the “Site”) and our educational services. By accessing the Site, you agree that you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.

ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. (SEE SECTION 14).

2. ACCOUNTS, IDENTITY & ACCESS

2.1 Identity Representation: By creating an account and entering your professional license information, you represent and warrant that you are the individual identified by that license. You agree that all courses completed under this account are done personally by you. Providing false identity information constitutes a material breach of these Terms and fraud.

2.2 Prohibited Sharing: Accounts are single-user licenses. Sharing login credentials to allow multiple individuals to access content or claim credit is strictly prohibited and will result in immediate termination without refund.

2.3 Enterprise/Clinic Seats: If you purchase multiple "Seats" for a clinic or group, the purchasing manager retains the right to revoke and reassign unused seats. Once a seat is claimed by an individual user and a course is started, that seat is locked to that individual and cannot be transferred.

2.4 Fair Use & Integrity: Subscriptions are intended for individual professional development. Use of automated scripts, bots, or other technologies to complete courses or bypass content timers is strictly prohibited. We reserve the right to audit account activity and terminate any account demonstrating "impossible" completion velocities (e.g., completing 10 contact hours in 10 minutes) or other fraudulent activity. Terminated accounts are not eligible for refunds.

2.5 Content Access & Expiration:

  • Subscriptions:

    Access to subscription content is valid for the duration of your paid billing period (e.g., 1 year). If you cancel auto-renewal, you retain access to all content until the end of your current paid term. Access is revoked only when the term expires and payment for the next period is not received.

  • Individual Course Purchases:

    Courses purchased individually (non-subscription) are valid for one (1) year from the date of purchase. You must complete the course and generate your certificate within this 365-day window. After one year, access to the course content and testing expires, regardless of completion status. Expired courses must be repurchased to regain access.

  • Revocation Exception:

    Notwithstanding the above, if a transaction is refunded, disputed, or charged back, access to all related content and certificates is revoked immediately.

3. BILLING, SUBSCRIPTIONS & AUTOMATIC RENEWAL

3.1 Authorization: By purchasing any subscription product, including Member Lite, Member Advanced, or any State Package unless expressly labeled otherwise, you authorize AchieveCE to charge your selected payment method on a recurring annual basis at the then-current rate. State Packages are subscription products unless expressly labeled as non-recurring or one-time purchases at checkout.

3.2 Automatic Renewal: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing cycle (365 days) unless cancelled prior to the renewal date.

3.3 Promotional, Discounted, and Introductory Pricing: Promotional, discounted, introductory, or special-offer pricing applies only to the initial subscription term unless expressly stated otherwise at checkout. Renewals will occur at the then-current standard rate disclosed before renewal, unless you cancel before the renewal date.

3.4 Cancellation: You may cancel auto-renewal at any time via your Account Dashboard before your renewal date. If you are unable to access your Account Dashboard, you may contact support@achievece.com for assistance before your renewal date. Cancellation prevents future billing but does not result in a refund, credit, or prorated adjustment for the current paid term. You will retain access to Subscription content until the expiration of your current paid period, unless access is revoked under these Terms.

3.5 Renewal Notifications: We will send a renewal reminder email to the address on file within the timeframe required by applicable state law (typically 30-60 days prior to renewal). You agree that your failure to read this notice, or the misdirection of this notice to a spam/junk folder, does not constitute grounds for a refund or a payment dispute. If you do not cancel your subscription before the renewal date, you authorize us to charge the payment method on file.

3.6 Subscription Library and Benefits May Change: Subscription course libraries, live webinar availability, included topics, accreditation categories, eligible courses, instructors, features, and benefits may change from time to time. We do not guarantee that any specific course, webinar, topic, instructor, credit type, feature, or benefit will remain available throughout a subscription term. We may add, remove, replace, or modify content or benefits in our discretion, provided that the subscription continues to materially provide access to continuing education content consistent with the plan purchased.

3.7 Upgrades & Downgrades:

  • Upgrades:

    If you upgrade your Subscription via the Account Dashboard, you will be charged the prorated difference between your current plan and the new plan immediately. Any "Special Offerings," discounts, or promotional rates applied during the upgrade are valid for one (1) year (365 days) only, after which the subscription will automatically renew at the then-current standard rate. Your original billing cycle date remains unchanged.

  • Downgrades:

    You may elect to downgrade to a lower-tier plan at any time through your Account Dashboard. By confirming a downgrade, you acknowledge and agree that: (i) the change takes effect immediately; (ii) you will immediately lose access to all features, courses, and benefits exclusive to the higher-tier plan, including courses currently in progress; and (iii) AchieveCE does not issue retroactive refunds, credits, or prorated adjustments for the remaining time on your previous higher-tier plan. Future billing will be adjusted to the new tier rate starting with your next scheduled renewal.

  • Consent to Dashboard Actions:

    Any "Upgrade" or "Downgrade" action initiated and confirmed within your logged-in Account Dashboard constitutes a formal amendment to your service agreement and an express authorization to adjust your billing and access levels accordingly.

3.8 Price Changes: We reserve the right to adjust pricing. You will be notified via email at least 30 days prior to any price increase taking effect on your renewal. If you do not cancel your subscription before the effective date of the increase, your subscription will renew at the new price.

4. PAYMENT DISPUTES & CHARGEBACKS

4.1 Contact Requirement: You agree to contact support@achievece.com regarding any billing discrepancies before initiating a chargeback or dispute with your bank.

4.2 Evidence Authorization: In the event of a payment dispute, you explicitly authorize AchieveCE to share your login logs, course progress data, IP addresses, and certificate download history with your bank or credit card issuer as proof of service consumption.

4.3 "Item Not as Described" Acknowledgment: You acknowledge that you have reviewed the applicable course description, subscription entitlement details, and/or current course library catalog before purchase. You agree that the following circumstances do not constitute grounds for a refund or a valid claim that the service was not as described, provided the course or subscription materially matched the description available at purchase:

  • Dissatisfaction with the course format, including online, self-paced, digital, or live webinar format.

  • Accreditation applicability, where the course or subscription matched the description available at purchase and you were responsible for verifying your specific board requirements.

  • Changes to the specific composition of the subscription library, which is subject to change as described in these Terms.

4.4 Friendly Fraud Policy: If you file a dispute for a transaction that is subsequently determined to be valid (e.g., "Friendly Fraud"), we reserve the right to:

  • Terminate your account and revoke all issued certificates immediately for the period of non-payment; certificates earned during the period where you had paid access to course(s) will be preserved.

  • Ban you from all future use of our services.

5. REFUND POLICY

5.1 All Sales Final Upon Access: Due to the immediate availability of digital goods, NO REFUNDS will be issued once course content has been accessed (including opening the course player), viewed, downloaded, or a certificate generated. The act of launching a course constitutes full consumption of the service.

5.2 Subscription Renewal Charges: Subscription renewal charges are non-refundable once processed, except where required by applicable law. Canceling after a renewal charge has processed will stop future renewals but will not result in a refund, credit, or prorated adjustment for the renewed term.

5.3 Duplicate Purchase Exception: Notwithstanding Section 5.1, if you purchase an individual course that you already own or have active access to via a Subscription, we will issue a full refund if requested within 30 days, provided the duplicate course was not completed (certificate generated).

5.4 Live Webinars:

  • No-Shows:

    Failure to attend a registered live webinar does not constitute grounds for a refund.

  • Lateness:

    Per accreditation rules, if you arrive late or leave early, you may be denied credit. No refunds will be issued for loss of credit due to partial attendance.

  • Technical Failure:

    We are not liable for refunds due to user-side technical issues (e.g., firewall blocks, slow internet) or third-party platform outages (e.g., Zoom, Vimeo) beyond our direct control.

6. ACCREDITATION & REPORTING

6.1 User Responsibility: State Boards of Nursing, Pharmacy, Dentistry, and Medicine have varying and frequent rule changes. It is your sole responsibility to verify that a course meets your specific Board's requirements before purchase. We do not warrant that any specific course will be accepted by every Board in every cycle.

6.2 Reporting: We report completion data to the following systems for applicable professions. Reporting frequency varies by system:

  • Daily / Real-Time Reporting:

    CE Broker (for applicable State Boards) and CPE Monitor (for Pharmacy Professionals).

  • Periodic Reporting:

    ACCME PARS (for Physicians and Medical Professionals) and AGD PACE / My CE Hub (for Dental Professionals). Note: These credits are reported in batches (e.g., annually or monthly) and may not appear on your transcript immediately.

  • Limitation:

    For API-connected systems (like CE Broker), we generally attempt to report credits within 24 hours of completion. For periodic systems (like ACCME), reporting occurs according to our administrative schedule. We are not liable for fines, license lapses, or lost wages caused by API failures, reporting delays, state system outages, or incorrect license information provided by the user.

6.3 Record Retention: We retain completion records for at least seven (7) years as required by accreditation standards. After this period, we are not obligated to store or produce old certificates.

6.4 Grievances: If you have a grievance regarding course content, commercial bias, or delivery, please submit a written complaint to support@achievece.com . All complaints are reviewed by our Lead Planner in accordance with accreditation standards.

6.5 Duplicate Completions & Retakes:

  • System Limitation:

    You may retake a course and generate a new certificate once per calendar day. The system prevents the generation of multiple certificates for the same course on the same day.

  • Regulatory Warning:

    Even if the system allows a retake, restrictions often apply regarding claiming credit for the same course multiple times within a single renewal cycle. It is your sole responsibility to review your specific Board's rules to determine if duplicate course completions are accepted.

7. INTELLECTUAL PROPERTY & DMCA

7.1 Ownership: All course content, videos, text, and exams are the exclusive property of AchieveCE. You are granted a limited, non-transferable license to view the content for personal educational purposes.

7.2 DMCA Notice & Takedown: AchieveCE respects the intellectual property rights of others and expects users to do the same. If you believe content available on or through the Site infringes a copyright you own or control, you may submit a notification of claimed infringement to our Designated Agent. To be effective, a DMCA notice must include:

  • A physical or electronic signature of the copyright owner (or authorized representative);

  • Identification of the copyrighted work claimed to be infringed;

  • Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it (e.g., URL);

  • Your contact information (address, telephone number, and email);

  • A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information is accurate and, under penalty of perjury, that you are the owner or authorized to act on the owner's behalf.

Designated Agent Contact:

Name/Title: Copyright Agent Address: Ruthaby LLC, 4320 Deerwood Lake Parkway, Suite 101-332, Jacksonville, FL 32216 Phone: 866.422.0022 Email: support@achievece.com

8. SMS TERMS & CONDITIONS

8.1 Consent: By providing your phone number during registration or through your account settings, you consent to receive SMS (text) messages from AchieveCE related to our services, including but not limited to course updates, reminders, and promotional content. Consent to receive marketing text messages is not a condition of any purchase.

8.2 Opt-Out: You can opt out of receiving SMS messages at any time by replying "STOP" to any message received. Once you opt out, you will no longer receive SMS communications from us. To re-subscribe, reply "START".

8.3 Fees: Standard message and data rates may apply. You are responsible for any fees charged by your mobile carrier.

8.4 Privacy: The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

9. DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF LICENSE, LOSS OF WAGES, OR REGULATORY FINES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

11. INDEMNIFICATION

You agree to indemnify and hold harmless AchieveCE, its officers, and employees from any claims, damages, or legal fees arising from your use of the Site, your violation of these Terms, or your violation of any third-party rights.

12. ELECTRONIC COMMUNICATIONS

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

13. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

14. DISPUTE RESOLUTION

14.1 Governing Law: These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

14.2 Informal Resolution: Before filing a claim against AchieveCE, you agree to try to resolve the dispute informally by contacting support@achievece.com . If a dispute is not resolved within 30 days of submission, you or AchieveCE may bring a formal proceeding.

14.3 Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Consumer Arbitration Rules, for corporate and individual clients, respectively. The number of arbitrators shall be one. The arbitration shall be conducted purely by telephone, video conference, or based solely on written submissions, unless the arbitrator determines that an in-person hearing is strictly necessary. If an in-person hearing is required, the location shall be Jacksonville, Florida, or such other location as required by the AAA Consumer Due Process Protocol. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

14.4 Exceptions to Arbitration: Notwithstanding the above, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.

14.5 Judicial Venue: For any dispute not subject to arbitration (such as the exceptions in Section 14.4) or for the purpose of compelling arbitration or enforcing an arbitration award, the parties hereby submit to the exclusive jurisdiction and venue of the state and federal courts located in Duval County, Florida.

14.6 Class Action Waiver: YOU AND ACHIEVECE 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 OR REPRESENTATIVE PROCEEDING.

14.7 30-Day Opt-Out Period: You have the right to opt-out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to support@achievece.com within 30 days of first accepting these Terms. Your notice must include your name and address, the email address you used to set up your account, and an unequivocal statement that you want to opt-out of this Arbitration Agreement. If you opt-out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you.

15. SEVERABILITY AND WAIVER

15.1 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

15.2 Waiver: The failure of AchieveCE to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

16. CONTACT US

Ruthaby LLC d/b/a AchieveCE 4320 Deerwood Lake Parkway, Suite 101-332 Jacksonville, FL 32216 Phone: 866.422.0022 Email: support@achievece.com

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