Agreement Regarding
Terms of Use of Website and
Terms of Purchase and Use of Content
Effective Date: This Agreement Regarding Terms of Use of Website and Terms of Purchase and Use of Content (this “Agreement”) was last updated on August 19th, 2008.
Before making a purchase from, using, or registering with the Long-Term Care Learning Center, please read the following Agreement to ensure that you understand the policies of the Long-Term Care Learning Center and its parent, Harrington Software Associates, Inc. (collectively, “Seller”) By using this website, you (hereafter referred to as the “Customer”) understand, agree to, and accept the terms of this document.
If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website and any content hereon. Seller reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the LTCTrainer.com website (hereafter referred to as the “website”). Your use of the website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
All content included or available on this website, including, without limitation, website design, text, graphics, interfaces, and all other audible, visual, and downloadable material (the “Content”) is ©2008 The Long-Term Care Learning Center, with all rights reserved, or is the property of Harrington Software Associates, Inc. and/or third parties protected by intellectual property rights. Seller retains all right and title, including patents, copyrights and trade secrets rights, in and to the Content.
Effective as of your purchase (or someone else’s purchase on your behalf) of any Content, Seller hereby grants you a non-exclusive, non-transferable license to download one electronic copy or print one copy of the resources provided in the purchased module for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. You are responsible for all activity on the website or with respect to the Content by yourself and by any person on whose behalf you purchased the license (each, an “End User”) to use the Content, regardless of the actual identity of the actual user. You have no right, title or interest in and to the Content, except the license expressly granted in this Section 1.
You agree not to, and you agree not to permit any End User to, (i) produce, manufacture, distribute or otherwise copy the Content; (ii) reverse engineer, disassemble, unbundled or decompile the Content in whole or in part or otherwise attempt to determine or discern source code for any part or all of the Content; (iii) alter or modify the Content in any way; (iv) make the Content available to or to otherwise disclose the Content to any other person other than in connection with your exercise of your rights hereunder; or (v) use the Content beyond the scope of the license granted in the foregoing paragraph. Any use of the Content, including reproduction for purposes other than as specifically permitted herein, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Seller, is strictly prohibited.
You acknowledge that any violation of this paragraph 1 may result in irreparable harm to Seller and that damages may be an inadequate remedy. Therefore, in addition to other remedies of law, the parties hereto shall be entitled to seek equitable relief to restrain any such violation and to such other and further relief as a court of competent jurisdiction may deem proper under the circumstances.
Seller and its website authors present information which is based upon our best efforts to reflect generally accepted nursing and caregiving practice at the time of posting. Caregiving is a dynamic profession with new information and better practices continually being developed. Therefore, Seller and its website authors assume no liability or responsibility for errors or omissions in posted information or any other Content. Seller makes no recommendation as to the clinical application of website information to specific patient/resident populations. Application of the Content in a particular situation remains the professional responsibility of the caregiver and long-term care facility.
This website, the Content and any product or course downloaded or purchased by you or and End User are provided by Seller on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Seller makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Seller shall have no liability for any interruptions in the use of this website. Seller disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Seller disclaims all responsibility for the use and application of website information and for adverse effects resulting directly or indirectly from the use of website information, from undetected errors, or from the user’s misunderstanding of the information. Because some states do not allow the exclusion or limitation of certain categories of damages or implied warranties, the above limitations may not apply to you. In such jurisdictions, Seller’s liability is limited to the greatest extent permitted by law.
IN NO EVENT WILL THE LONG-TERM CARE LEARNING CENTER OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR THE CONTENT HEREON BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THIS WEBSITE.) SELLER RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS WEBSITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY TO ANY PARTY (TOGETHER WITH ITS AFFILIATES AND END USERS) EXCEED THE PRICE PAID BY SUCH PARTY FOR THE PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE FOR THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF SELLER OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states do not allow the exclusion or limitation of incidental or CONSEQUENTIAL DAMAGES, SELLER’s liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to indemnify, defend, and hold harmless Seller, its parents, subsidiaries, affiliates, officers and employees from and against any and all losses, damages, liabilities, claims, actions, demand and all related expenses (including reasonable attorneys’ fees and costs) incurred by Seller and such other indemnified parties due to or arising out of the violation of this Agreement by you or any End User or other person gaining access to the Seller’s products by or through you.
Mandatory continuing education requirements change, therefore it is your responsibility to ascertain whether Seller’s accreditation is acceptable to the appropriate licensing agency.
You hereby agree not to use this website in a way which violates or infringes upon the rights of any other, which could be perceived as defamatory, deceptive, misleading, abusive, profane, offensive or inappropriate, and which contains any harmful component. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of this website. The trainings and administration areas in this website are provided to you for your use only and not for re-sale. The trainings may only be used for the purpose of your internal training affairs and the general conduct of your business, or for the purpose of reviewing the demo version(s) to decide whether to purchase a training product.
The Customer hereby agrees to maintain and make copies of all data and information concerning the taking of trainings by Customer's employees. The Customer agrees to regularly maintain copies of such information concerning the taking of trainings by Customer's employees by copying such information into an excel spreadsheet or other appropriate location to be kept and maintained by the Customer.
The license granted to a Customer is effective until the term stated in the order receipt expires or the license is terminated, whichever occurs first. The license will also terminate automatically if you fail to comply with any term or condition of this Agreement. Seller reserves the right in its sole discretion to terminate the use of this website by a Customer at any time.
Seller reserves the right to modify or discontinue the website with or without notice to you. Seller shall not be liable to you or any third party should Seller exercise its right to modify or discontinue the website. Member acknowledges and accepts that Seller does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Our website may include links to other websites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party website. You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such websites. Your use of those third-party websites is subject to the terms of use and privacy policies of that website.. We encourage you to review said terms of use and privacy policies of any third-parties’ websites that you may access.
From time to time, a reference to a brand name or generic product may be included within Seller’s course content. The use of a brand or generic product name is strictly for illustrative purposes and does not imply a recommendation or advice, by Seller, for any specific product.
Seller’s website has areas where you can offer comments through a contact page. Any feedback submitted becomes the property of Seller. We may use this feedback for marketing purposes or to contact you for further discussion or clarification of your comments that you provided, subject to your right, at any time, to opt out of marketing or other general communications from us. Please see our Privacy Policy for further information about Seller’s use of personal information.
Our website is operated and provided in the Commonwealth of Virginia. As such, we are subject to the laws of the Commonwealth of Virginia, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our website you agree to do so subject to the internal laws of the Commonwealth of Virginia.
Any dispute concerning the use of this website or the trainings and administration area herein shall be heard exclusively by the Fauquier County, Virginia District Court or Small Claims Court, or the U.S. District Court – Eastern District of Virginia.
No action arising under this Agreement may be brought more than one year after the cause of action has accrued.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Seller, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation. You agree that, by accepting this Agreement, using Seller’s website or purchasing or viewing any of the Content, you are consenting to the use and disclosure of your personally identifiable information pursuant to and as described in our Privacy Policy, and the other terms and conditions set forth therein.