WiseChoice Financial Education
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Student Enrollment Agreement
Dec 18, 2007

This agreement ("Agreement") is between WiseChoice Financial Education ("we," "us", “WiseChoice”, or "School") and the user ("you", "user", "customer", "student", "licensee-candidate", "referrer", "referee") of any WiseChoice Financial Education’s products and services ("Service"). This Agreement governs all Services. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. WiseChoice may change the terms of the Agreement from time to time.

1. Service
a. Term
Service is offered on a subscription basis for a term which begins on the date that you purchase the Service and ends on the 365th date or the conclusion of the education, whichever comes first. The School provides you with the copyrighted material courses, which is intended to help you prepare taking your state insurance examination. The School will also provide the Certificate of Completion of the course upon student's completion of the course and the full payment of any outstanding dues. The School does not provide you with the insurance examination itself, you have to obtain such information and submit the paperwork and pay the fees directly to the state.  While the School uses quality materials authored by author(s) that has (have) successfully produced widely used insurance prelicensing materials throughout the state over the years, the School does not guarantee, either expressed or implied, that the student will pass the state examination.

b. Lawful Use of Service
You agree to use the Service only for lawful purposes, in particular, to obtain the education and completion certificate so that you can take the insurance pre-licensing examination. This means that you agree not to use them for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. WiseChoice reserves the right to terminate your service immediately and without advance notice if you violate the above restrictions, leaving you responsible for the full charges (if there is remaining balance) to the end of the subscription, which immediately become due and payable.


2. Charges / Payments / Default / Taxes / Termination / Credit Card Billing Information
a. Billing
You must pay us the correct amount at the requested time (or earlier), through the method(s) that we specify. If we allow you to make multiple payments at different times, and we changed the preferred method to pay that we specify in between; you are then required to pay using the new method. You are required to contact us should any issues like this occur. If payment has not been received for any reasons, you may be responsible for any late charges or interest.

b. Billing Disputes
You must notify the WiseChoice in writing (or e-mail) within 7 days after receiving your credit card statement if you dispute any School charges on that statement. WiseChoice reserves the right to terminate the service upon notification of dispute by you, the credit card company or bank. Reinstating your enrollment status will only be done at the sole discretion of the school, and you will still be fully responsible for all charges disputed, any charges accrued before termination, up to $30 processing fee and $10 reactivation fee.

c. Payment
The School accepts payments by methods posted in our website, unless our billing department (billing@wisechoicefinancialeducation) sends different e-mail using different instructions on special case by case basis. Your initial use of the Service authorizes the School to charge the credit card account number on file with the School, including any changed information given to the School if the card expires or is replaced, for the School charges that accrue during the billing cycle. This authorization will remain valid until 30 days after the School receives your written notice terminating the School's authority to charge your credit card. The School may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with the School is declined or in case of any other non-payment of account charges. Termination of Service for declined card or non-payment leaves you FULLY LIABLE to the School for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by the School owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.

d. Termination/Discontinuance of Service
The School reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If the School discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full unpaid charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable.

e. Taxes
Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on the School as a result of providing the Service or a Device will be billed to your account when imposed upon the School. If Customer is exempt from payment of such taxes, it will provide the School with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date the School receives the Tax Exempt Document.

f. Credit Card Billing Information Storing Disclosure
Although our user and billing databases are designed to securely store all users and billing information using state of the art network security technology, you are advised that you are using our credit card billing information saving features at your own risk. You further understand that you have the choice to elect not to save your billing information to our database at all.


3. Ownership
You are fully aware that the materials provided to you are copyrighted materials. You agree to observe copyright rules and regulations such as not to copy and disseminate (or cause to disseminate) to any third party, any parts of the contents of the course material, in electronic format, in print, or otherwise. This paragraph shall survive termination of this agreement.

4. Limitations

a. Limitation of Liability
The School shall not be liable for any failure to provide the Service, at any time or from time to time, or any degradation of text, image or transmission quality that is caused by any of the following:
1.) act or omission of an underlying carrier or third party;
2.) equipment, software, network or facility failure;
3.) equipment, software, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) equipment, software, network or facility shortage;
6.) equipment, software or facility relocation;
7.) service, equipment, software, network or facility failure caused by the loss of power to Customer; or
8.) any other cause that is beyond the School's control, including without limitation the failure of an incoming or outgoing call to be connected or completed, or degradation of voice quality and fax transmission quality.
9.) The School is not liable, in any circumstances, if student does not pass the state examination.
The School's liability for any failure or mistake shall in no event exceed the fees student has paid the School (minus processing fee retention of $70). The School is not liable for incidental or consequential damages of any type.

In order to protect our customers' privacy and avoid security concerns, we generally only retain any of our customers’ social security number, date of birth, or any other personal information, in our paper format or electronic system offline. But we retain the rights to keep some or all of them on-line, if we feel that security and privacy can be properly safeguarded. Students understand that we need to keep them only for compliance reasons.

You are responsible for notifying us of any changes in your mailing and email address by e-mailing us at  admin@wisechoicefinancialeducation.com, and we may continue to use your previous e-mail address unless and until we have received your notice of address change.   Please note that you should use the same e-mail address that you first register and pay as a new student to a particular course, until you finish taking all of the course sequence online.

IN ANY ACTIONS ARISING FROM THE ALLEGED BREACH OF THIS AGREEMENT, THE SCHOOL SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT OR OTHERWISE, EVEN IF THE SCHOOL HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE. ALL SERVICES PROVIDED BY THE SCHOOL ARE PROVIDED "AS IS". THE SCHOOL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR SERVICE WILL BE CORRECTED.

b. Indemnification
Customer agrees to defend, indemnify, and hold the School, WiseChoice, its officers, directors, employees, owner(s), shareholders, affiliated businesses, affiliates and agents and any other supplier and service provider who furnishes services to Customer in connection with this Agreement or the Service, harmless from and against all losses, expenses, costs, claims, including attorney’s fees or damages by, or in the right of, Customer relating to this Agreement, the Services, or the Device, or asserted by any third party due to or arising out of your use of or conduct on the Service. This paragraph shall survive termination of this agreement.

c. No Warranties on Service
The School makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Neither the School nor its vendors will be liable for unauthorized access to the School’s or Customer's unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of the School's or its vendors' negligence. Statements and descriptions concerning the Service, if any, by WiseChoice or WiseChoice's agents or installers are informational and are not given as a warranty of any kind. WiseChoice cannot and does not guarantee or warrant that the files or email attachments available for downloading will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

d. No Warranties, or Limited Warranties, for services and devices
If Customer purchased any media / device new from WiseChoice and the media/ device included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from WiseChoice at the time of purchase, Customer agrees that it accepts its Unit "as is" and that Customer is not entitled to replacement or refund in the event of any defect.


5. Resolution of disputes

a. Mandatory Arbitration
Any dispute or claim between Customer and WiseChoice arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in Los Angeles County, California in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators must be entered in the state and federal courts of Los Angeles County, California. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.


6. Privacy and Notices
a. Privacy
Online course delivery utilizes, in whole or in part, the public Internet and third party networks to transmit data and other communications. WiseChoice is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy at http://wisechoiceeducation.com for additional information.

b. Notices
Notices to Customer shall be sent to the email address on file for Customer at WiseChoice and will be considered given on the date sent by WiseChoice.


7. General
This Agreement shall be deemed to have been made in the State of California, and the provisions and conditions of this Agreement shall be governed by and interpreted in accordance with the substantive law of the State of California, without regard to conflict of laws provisions. Any dispute arising out of this Agreement shall be resolved in the state and federal courts in Los Angeles County, California, and each party hereby consents to the exclusive jurisdiction thereof. WiseChoice also reserves the right to seek compensation for any attorney fee incurred.

Should you have any questions concerning this Agreement, or if you desire to contact WiseChoice. for any reason, please contact: admin@wisechoicefinancialeducation.com.