Terms and Conditions

www.foreclosure.win

Doucet Gerling National, LLC

Terms of Service & Privacy Policy

Last Updated on May 28, 2021

Includes a Class Action Waiver and Arbitration Requirement

By signing up for the eLearning.Law service (“Service”) or any of the services of www.foreclosure.win, www.eLearning.Law and Doucet Gerling National, LLC. (collectively “eLearning.Law”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. eLearning.Law reserves the right to update and change the Terms of Service by posting updates and changes to the eLearning.Law website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including our Privacy Policy.

Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
  3. You acknowledge that eLearning.Law will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. eLearning.Law cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  5. You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your eLearning.Law account (“Course Content”). You must not transmit any worms or viruses or any code of a destructive nature.
  6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of eLearning.Law will result in an immediate termination of your services.
  7. If you are a course creator, but uploading a course, you certify that you are an attorney in good standing with a state or federal bar, or you are a retired attorney eligible for reentry, and you have at least 5 years’ experience as an attorney in the area of your course.
  8. You also agree to include downloadable documents/content/templates for each course that you teach and make available to the public on this website.

Account Activation

Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of eLearning.Law.

Technical support is only provided to paying account holders and is only available via email.

You may not use the eLearning.Law service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of Ohio.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by eLearning.Law.

Questions about the Terms of Service should be sent to support@eLearning.Law. 

You understand that your Course Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by eLearning.Law, is governed by its privacy policy above.

If you are on a eLearning.Law plan with transaction fees and don’t have written consent from eLearning.Law, you agree not to charge people to access your courses other than by collecting payments on the eLearning.Law Service. Any attempt to bypass the eLearning.Law payment system to avoid transaction fees may result in the suspension or cancellation of your account. If you would like to avoid transaction fees please contact us at support@eLearning.Law.

Additional eLearning.Law’s Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any eLearning.Law customer, eLearning.Law employee, member, or officer will result in immediate account termination.
  5. eLearning.Law does not pre-screen Course Content and it is in their sole discretion to refuse or remove any Course Content that is available via the Service.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that eLearning.Law employees and contractors may also be eLearning.Law customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
  7. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  8. eLearning.Law retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, eLearning.Law reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
  9. If we provide you free access to eLearning.Law, you must upload your course within 6 months or we reserve the right to delete your account and consider it to be abandoned.  If you are paying a monthly fee, you may keep your site without risk of deletion due to inactivity.

Limitation of Liability

  1. You expressly understand and agree that eLearning.Law shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall eLearning.Law or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, eLearning.Law partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  4. eLearning.Law does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. eLearning.Law does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. eLearning.Law does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  7. In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the eLearning.Law Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.
  8. eLearning.Law does not guarantee it will continue in perpetuity and reserves the right to end its Service with reasonable notice to you, along with an opportunity to download/recover your data, videos, and related course material.
  9. eLearning.Law reserves the right to switch its underlying platform (currently Thinkific) to another platform provider with or without notice to you, but eLearning.Law shall undertake good faith efforts to transfer your course material for you should that occur.

Waiver and Complete Agreement

The failure of eLearning.Law to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and eLearning.Law and govern your use of the Service, superseding any prior agreements between you and eLearning.Law (including, but not limited to, any prior versions of the Terms of Service).  This is a fully integrated contract

Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the material you provide to the eLearning.Law service. All material you upload remains yours. You can remove your eLearning.Law site at any time by deleting your account. This will also remove all content you have stored on the Service.
  2. By uploading Course Content, you agree: (a) to allow other internet users to view your Course Content; (b) to allow eLearning.Law to display and store your Course Content; and (c) that eLearning.Law can, at any time, review all the Course Content submitted by you to its Service.
  3. You retain ownership over all Course Content that you upload to a eLearning.Law site; however, by making your site public, you agree to allow others to view your Course Content. You are responsible for compliance of Course Content with any applicable laws or regulations.
  4. You retain ownership over all content that you submit to a eLearning.Law site however, by making your site public, you agree to allow others to view your content.
  5. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
  6. You agree not to sell your course on other sites while you are selling it on eLearning.Law.  But you are welcome to link the material to this site on other sites for marketing purposes, including offering part of your course for free elsewhere to entice others to visit your sales page here.
  7. You allow us to use parts of your lessons (or your sales pitch) in our marketing efforts, including to sell/market your course, without cost or obligation to you.  The concept here is that we may undertake to promote your course so people buy it, and you give us license to do that as we see fit.

Payment of Fees

  1. A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
  2. The service will be billed in 30-day intervals. When your billing period is over the Account Owner may be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.
  3. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  4. If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of eLearning.Law’s products and services, including without limitation, your subscription to or purchase of eLearning.Law’s ecommerce services (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
  5. eLearning.Law provides refunds to end users/students for a period of 30 days after they first obtain access to a course.  However, eLearning.Law does not provide for refunds of subscription-based courses/training/calls/coaching.

Cancellation and Termination

  1. You may cancel your account at anytime by emailing support@elearning.law and then following the specific instructions indicated to you in eLearning.Law’s response.
  2. Once cancellation is confirmed, all of your Course Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
  3. If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
  4. We reserve the right to modify or terminate the eLearning.Law service for any reason, without notice at any time.
  5. Fraud: Without limiting any other remedies, eLearning.Law may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Modifications to the Service and Prices

  1. We will endeavor to grandfather in pricing structures for existing courses, but prices for using eLearning.Law are subject to change upon 30-days notice from eLearning.Law. Such notice may be provided at any time by posting the changes to the eLearning.Law Site (eLearning.Law) or the administration menu of your eLearning.Law site via an announcement.
  2. eLearning.Law reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. eLearning.Law shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Optional Tools

  1. eLearning.Law may provide you with access to third party tools over which eLearning.Law neither monitors nor has any control or input.
  2. You acknowledge and agree that eLearning.Law provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. eLearning.Law shall have no liability whatsoever arising from or relating to your use of optional third party tools.
  3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
  4. eLearning.Law strongly recommends that instructors seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates instructors should charge end users.

Digital Millennium Copyright Act

General Policy
eLearning.Law has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is eLearning.Law’s policy to (a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringement
 If you believe that Content residing on or accessible through the eLearning.Law web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that eLearning.Law is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by eLearning.Law’s Support Team:  It is eLearning.Law’s policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to eLearning.Law. If no legitimate counter-notice is supplied, the infringing content will be removed from the system.

Procedure to Supply a Counter-Notice to eLearning.Law
 If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to eLearning.Law’s Support Team listed below:

  1. A physical or electronic signature of the Content provider or user;
  2. Identification of the Content that is claimed to be infringing
  3. A statement that the Content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the Content; and
  4. Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located, or if the Content provider’s or user’s address is located outside the United States, for any judicial district in which eLearning.Law is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by eLearning.Law Support Team, eLearning.Law will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.

Designated Agent to Receive Notification of Claimed Infringement
Please contact eLearning.Law’s Support Team to Receive Notification of Claimed Infringement at the following address:
Name – eLearning.Law, Attn: Copyright Infringement
Email – support@eLearning.Law
Address – c/o Doucet Gerling Co., LPA, 655 Metro Place South, Suite 600, Dublin, OH 43017, USA
 Telephone – 1-614-221-9800

Class Action Waiver 

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS SECTION, ANY ARBITRATION OR COURT ACTION HEREUNDER SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS OR COLLECTIVE ACTION BASIS OR ON A BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS OR ANY GOVERNMENTAL BODY OR THE PUBLIC. CLASS AND COLLECTIVE ACTIONS UNDER THIS DISPUTE RESOLUTION PROVISION ARE PROHIBITED, WHETHER IN COURT OR ARBITRATION, AND THE ARBITRATOR OR COURT, AS APPLICABLE, SHALL HAVE EXECUTION VERSION NO AUTHORITY TO PROCEED ON SUCH BASIS. ANY ISSUE CONCERNING THE ENFORCEABILITY OR VALIDITY OF THIS SECTION AND THE WAIVER HEREIN SHALL BE DECIDED BY A COURT WITH JURISDICTION AND VENUE IN FRANKLIN COUNTY, OHIO, USA. IN CONNECTION THEREWITH, IF THERE IS A DETERMINATION BY SUCH COURT THAT THIS SECTION IS UNENFORCEABLE, THEN ANY CLASS, COLLECTIVE, REPRESENTATIVE OR JOINT ACTION BY THE PARTIES SHALL ONLY BE BROUGHT IN A COURT WITHIN THE SAME JURISDICTION AND VENUE, AND NOT IN ARBITRATION.

Binding Arbitration

If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The place of arbitration shall be Franklin County, Ohio, USA. The arbitration shall be governed by the laws of the State of Ohio. Leave the arbitration clause silent regarding the scope of exchange of electronic information. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.