Terms of Use & EULA

FLExamPass Terms of Use and End User License Agreement Draft v1, Oct 29, 2026, for review by Edward Maldonado, Esq. Not legal advice. Not published. Last updated: [EFFECTIVE DATE]. DRAFT FOR ATTORNEY REVIEW, NOT PUBLISHED. These Terms of Use and End User License Agreement ("Terms") are a contract between you and FLEXAMPASS LLC, a Florida limited liability company ("FLExamPass," "we"). They govern your account and your use of our website, online courses, practice exams and testing software, downloadable templates, and book purchases (the "Services"). By creating an account, checking the acceptance box, or using the Services, you agree to these Terms. 1. Accounts and eligibility    You must be at least [18] years old and able to form a binding contract. Give accurate registration information and keep it current. One account is for one person. Accounts are personal and cannot be shared, transferred, or sold. Keep your password confidential. You are responsible for all activity under your account. Tell us right away at info@flexampass.com if you suspect unauthorized use. 2. Access term and expiration    Access to each course or practice exam lasts [12 months] from purchase unless the product page says otherwise. When the term ends, access ends automatically. Extensions may be offered at [price/TBD]. We may update, reorder, or replace content, for example when DBPR changes a reference list. We will not materially reduce what you paid for during your term. If we discontinue a product before your term ends, we will refund the unused portion pro rata. We may limit simultaneous sessions (currently [1]) and the number of devices. 3. License grant (EULA) Subject to these Terms and payment, we grant you a limited, personal, non-exclusive, nontransferable, non-sublicensable, revocable license to access the purchased content and testing software through your account, only for your own exam preparation, during your access term. Downloadable templates are licensed for use in your own business (see section 7). All rights not expressly granted are reserved. The software is licensed, not sold. 4. Intellectual property All content, including lessons, videos, question banks, questions and answer explanations, practice exams, software, templates, text, graphics, and the FLExamPass name and logo, is owned by FLExamPass or its licensors. It is protected by copyright, trademark, and trade secret law. Question banks and exam content are confidential trade secrets. Third-party reference books remain the property of their publishers. 5. Prohibited uses You may not:        share login credentials or let anyone else use your account; copy, record, screenshot, photograph, transcribe, download, print, or distribute questions, answers, videos, or other content, except as a feature expressly allows; scrape, crawl, data-mine, or use bots or automated tools, or bypass any access control, watermark, or security measure; reverse engineer, decompile, frame, mirror, or create derivative works of the Services; resell, sublicense, publish, or use content to build a competing product, including posting it online or using it to train AI; use the Services to cheat on, or to obtain or share content from, any actual licensing exam, or violate exam-vendor or DBPR candidate rules; harass, abuse, or threaten staff or other users, upload malware, or use the Services unlawfully. 6. Suspension and termination    We may suspend or terminate your account, with or without notice and without refund, if we reasonably believe you violated section 5 or these Terms. That includes credential sharing detected through concurrent logins from different locations, or unusual download or access patterns. We may monitor usage, IP addresses, and devices for this purpose. You may close your account at any time. Termination ends your license. Sections 4, 5, 8 through 13 survive. A breach may cause irreparable harm, so we may seek injunctive relief in addition to other remedies. 7. Templates: not legal advice Our bid sheet, proposal, contract, lien waiver, and checklist templates are general forms for informational and educational purposes only. They are not legal, tax, or accounting advice. Using them does not create an attorney-client relationship. Laws (including Florida construction lien law, ch. 713, F.S.) change and vary by project. Have a licensed Florida attorney review any document before you use it. Templates are licensed for your own business use. You may not resell or redistribute the blank templates. 8. Book sales    Books and tab sets are physical goods. Many are shipped directly by third-party distributors (such as Contractor Book Warehouse), so they may arrive separately and from a different location than our address. Delivery dates are estimates. Florida sales tax applies to books delivered to Florida addresses. Editions: confirm the current DBPR reference list before ordering. We are not responsible for an edition you chose that turns out to be wrong. Title and risk of loss pass to you when the item is delivered to the carrier [VERIFY]. Report damaged, defective, or wrong items within [7] days of delivery. 9. Refunds and returns     Digital courses and practice exams: full refund within [7] days of purchase if there has been no significant use. Significant use means opening more than 1 paid lesson (free previews excluded) or starting any practice exam. After that, purchases are non-refundable. Failing an exam is not grounds for a refund. Downloadable templates: non-refundable once downloaded, except for a defective file we can't fix. [CONFIRM] Physical books: request a return authorization within [7] days of delivery. Items must be new, unused, and sealed, and you pay return shipping. A [15%] restocking fee applies. Do not mail items to our office. Not returnable: tabbed, marked, or opened-shrink-wrap items, opened tab sets, and special orders. Damaged, defective, or wrong items get a free replacement or full refund, and we may provide a prepaid label. Full details are in our Return & Refund Policy, which is part of these Terms. Approved refunds go to the original payment method. Please contact us before filing a chargeback. 10. No affiliation; no pass guarantee FLExamPass is an independent exam-prep provider. We are not affiliated with, endorsed by, or acting for the Florida Department of Business and Professional Regulation (DBPR), the Construction Industry Licensing Board, the Electrical Contractors' Licensing Board, Pearson VUE, PSI, or any exam vendor or publisher. We do not guarantee that you will pass any exam, be licensed, or obtain any result. Exam content, rules, and reference lists are set by those bodies and may change. 11. Disclaimers THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free access. Content is educational. It is not professional, engineering, legal, or code-compliance advice. 12. Limitation of liability TO THE FULLEST EXTENT PERMITTED BY LAW, FLEXAMPASS AND ITS MEMBERS AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR EXAM OR LICENSING OUTCOMES. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO [THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM]. You agree to indemnify us for claims arising from your breach of these Terms or your misuse of the Services or templates. 13. Governing law and disputes These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Before filing any claim, email info@flexampass.com and allow 30 days for informal resolution. [OPTION A: Any lawsuit must be brought in the state or federal courts for [Lee County], Florida, and both parties consent to that venue.] [OPTION B: Disputes will be resolved by binding individual arbitration under [AAA Consumer Rules], with a class-action waiver.] Either party may bring an individual claim in small-claims court. 14. Privacy Our Privacy Policy [link] explains how we collect and use your information, including account, progress, device, and session data used for security and anti-sharing enforcement. 15. Changes to these Terms We may update these Terms, and changes apply going forward from the "Last updated" date. For material changes, we will notify you by email or in-app and may ask you to accept again. If a change materially affects a product you have already bought, the prior terms apply to that purchase for the rest of its access term. 16. General These Terms, together with the policies they reference, are the entire agreement. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms. We may assign them in a merger or sale. Our failure to enforce a provision is not a waiver. 17. Contact FLEXAMPASS LLC, 15880 Summerlin Rd, Suite 300-203, Fort Myers, FL 33908 · info@flexampass.com