Nurse Builders Online E-Courses Terms of Use Policy
Use of the Nurse Builders E-Courses online learning E-Courses and its contents is subject to the following terms and conditions. By clicking the “I agree” checkbox, you accept and agree to be legally bound by these Terms of Use. You are not permitted to use the E-Course without agreeing to these Terms of Use.
The E-Courses are owned and published by Nurse Builders in support of its mission to educate and to disseminate knowledge and information. As used in these Terms of Use, the terms “we,” “us” and “our” refer to Nurse Builders.
Changes to terms of use are binding. We may change these Terms of Use from time to time without advance notice. Your use of the E-Course or any of its content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use from time to time for any changes.
Copyright and other protection. The E-Course and the video material, audio material, text, images, graphics and other content available on the E-Course (collectively, the “Content”) are protected by copyright, trademark and other laws. The Content consists in part of a series of videos (the “Course Videos”) and handouts (the “Course Handouts). We or others own the copyright and other rights in the E-Course and the Content. You may use the E-Course and the Content only in the manner and for the purposes specified in these Terms of Use.
Use of the E-Course and Content—permissions and restrictions. You may only make noncommercial uses of the E-Course and the Content. You may access the Course Videos for your own personal use. You may not retransmit, publish, distribute, display or otherwise make available any of the Course Videos, Course Handouts, or other Content to others. In no event may you alter or modify the Course Videos, Course Handouts, or any other Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content. You agree to retain all copyright and other notices on any Content you obtain from the E-Course. None of the foregoing restrictions will apply to your own User Content (as defined below).
Fair use and other lawful uses. Nothing in Section 3 above is intended to restrict you from making uses of Course Videos that, in the absence of permission granted under these Terms of Use, would not infringe or violate Nurse Builders’ or anyone else’s copyright, trademark, or other rights.
Reserved rights; no violation of law or others’ rights. All rights in the E-Course and the Content that are not expressly granted are reserved. You agree to use the E-Course and the Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights.
User accounts; account termination policy. In order to enter the E-Course, you are required to register and establish an account. If you register, you agree to provide accurate and complete information when creating or updating your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify us immediately if any unauthorized use of your account or other breach of security. You may not use another’s account without permission. We will terminate your account in appropriate circumstances if you are determined to be a repeat infringer. We also may terminate your account if you violate any provision of these Terms of Use or fail to comply with our requests concerning your account.
User submissions and rules of conduct. Account holders may be able to participate in online discussion forums and to submit or post comments, profiles and/or other content on the E-Course (collectively, “User Content”). You are solely responsible for any User Content you post or submit to the E-Course, and for the consequences of posting or submitting it. By posting or submitting User Content to the E-Course, you grant us a nonexclusive, worldwide, irrevocable, fully paid, perpetual license to use, reproduce, prepare derivative works of, distribute, display, perform, and otherwise make available your User Content in connection with the E-Course and for our broader educational purposes, including without limitation for promoting or redistributing part or all of the E-Course (and derivative works thereof) in any manner or media, and to authorize others to do the foregoing. By posting or submitting User Content to the E-Course, you represent and warrant that you have the right to grant us the foregoing rights, and that neither your User Content nor our use of it as permitted under the foregoing license will infringe or violate anyone’s rights. You agree not to submit or post any content, or engage in any other activity in connection with the E-Course, that:
Infringes anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity
Violates any law or regulation
Is intentionally false or misleading
Defames, threatens, or harasses anyone
Is harmful, dangerous, abusive, or offensive
Is obscene or contains pornography
Contains or utilizes any computer virus, other malicious code, or program that may damage or interfere with the operation of any system, or may unlawfully intercept any data or personal information
Contains or consists of advertising or any form of commercial solicitation or activity
Otherwise interferes with the functioning of the E-Course or other users’ use or enjoyment of the E-Course
Although we will have no obligation to monitor or take action with respect to User Content, we reserve the right to remove any User Content that we believe violates the above standards or any other provision of these Terms of Use, and to terminate the applicable user’s account and right to use the E-Course, in addition to any other rights or remedies available to us. We do not approve or endorse any User Content, and you agree that we will have no responsibility or liability in connection with your use of any User Content.
Disclaimer of warranties. The e-course and the content are provided “as is.”. To the fullest extent permitted by applicable law, we and our collaborators, licensors, content providers and distributors (collectively, other than providers of user content, our “collaborators”) disclaim all warranties of any kind (express, implied or otherwise) regarding the e-course or the content, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We and our collaborators make no warranty about the accuracy, reliability, completeness, timeliness, sufficiency or quality of the e-course or the content, nor that any particular content will continue to be made available. We do not approve or endorse any user content or content provided by others. Neither we nor our collaborators warrant that the e-course will operate without error or interruption, or that the e-course or its server is free of computer viruses or other harmful materials.
Limitations of liability and remedies. Your use of the e-course and the content is at your own sole risk. In no event shall we or our collaborators be liable to you, in contract, tort or otherwise, for any indirect, special, incidental, consequential, punitive, exemplary or other such damages arising out of or relating to the e-course or the content, or your use of the e-course or the content, or these terms of use, even if the e-course or content is defective or we are negligent or otherwise at fault, and regardless whether we are advised of the possibility of such damages. If, notwithstanding the other. Provisions of these terms of use, we or our collaborators are found liable to you (in contract, tort or otherwise) for any damage or loss arising out of or relating to the e-course or the content, or your use of the e-course or the content, or these terms of use, our liability and the liability of our collaborators shall in no event exceed fifty dollars ($50) in aggregate, even if the e-course or content is defective or we are negligent or otherwise at fault. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
Indemnity. You agree to indemnify and hold harmless Nurse Builders and our Collaborators, and our and their respective officers, fellows, governing board members, directors, employees, and agents, from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the E-Course or any of the Content, your provision of any User Content, and/or your failure to comply with any provision of these Terms of Use.
Links to other E-Courses or Content. Links on the E-Course to third-party web E-Courses or Content are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party E-Courses or Content, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party E-Courses or Content.
Trademarks. Nothing in these Terms of Use or on the E-Course will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed on the E-Course. You agree not to use or register any name, logo, or insignia of Nurse Builders or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.
Copyright complaints. We respect the intellectual property rights of others. If you believe your copyright has been violated on the E-Course, please notify us as provided at [email protected]
Applicable law and jurisdiction; access from outside Pennsylvania. The E-Course is controlled and operated from our facilities in and around Philadelphia, Pennsylvania. These Terms of Use, and any claim or dispute that arises from or relates to your use of the E-Course or the Content, will be governed by the laws of Pennsylvania, without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in Court of Common Pleas of Philadelphia County. You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). If you choose to access our E-Course from locations other than Pennsylvania, you will be responsible for compliance with all local laws of those other locations.
Termination; discontinuation of E-Course or elements. The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless we otherwise specifically agree in writing, but the other provisions of these Terms of Use will survive any such termination. We reserve the right at any time in our sole discretion to cease providing any Content, to change or discontinue any aspect or element of the E-Course, or to cease making the E-Course available.
Eligibility. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully competent to use the E-Course and to enter into and comply with these Terms of Use.
General. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, nonexclusive and nontransferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits. We may change these Terms of Use from time to time without advance notice. Your use of the E-Course or any of the Content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
Our Terms & Conditions
These terms and conditions govern the way in which we supply products to you, including any E-Courses.
Please read these terms carefully before you submit your order to us. These terms tell you how we will provide E-Courses to you, how you and we may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these terms are hereby reserved.
You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.
1. GRANT OF LICENSE
In consideration of your payment, we hereby grant you a license to use the purchased E-Course. This license is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms.
This license is personal to you and cannot be shared or exchanged with others.
2. GENERAL
We develop, distribute and maintain the E-Courses and will also provide you with log in details. We will also manage your access to the E-Courses and provide support to you, where necessary.
You shall not copy, modify, transmit, distribute or in any way exploit the E-Courses or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the E-Courses or any other copyrighted materials.
We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies.
The starting date of your access to the E-Course is deemed to be the date that you first have access. Your access period is 90-days from the start of access. It is your responsibility to ensure that you complete the content within the allocated time period. If you do not think this will be possible, then extensions of time are available for purchase at an additional cost.
We will take all commercially reasonable steps to provide you with uninterrupted access to the E-Courses. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.
Our joint aim is to provide E-Courses and materials of the highest quality. As such, improvements or changes to the E-Courses or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.
Where your access to the E-Course is restricted for any of the above reasons, we may provide you with a free extension of time at our sole discretion.
4. CANCELLATION AND RESTRICTION POLICY
Where Products are delivered to you immediately, you will not have the right to change your mind.
It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.
We may restrict your access to the E-Course if you breach these terms, including without limitation:
a) A failure to make any payment due to us; or
b) Failure to provide accurate information that is necessary for us to provide the Products to you.
In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the E-Courses will be restricted.
5. INTELLECTUAL PROPERTY
All rights, title and interest in intellectual property rights relating to the E-Courses including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by Nurse Builders. While you may utilize the intellectual property, you understand that there shall be no transfer of ownership of the same.
Nothing that you see or read in the E-Courses may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use.
All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorized use is prohibited.
6. OTHER IMPORTANT TERMS
You need our consent to transfer your rights under these terms to someone else. We may not agree to this as these terms grant a license for your benefit only.
Nobody else has any rights under these terms – they are between you and us. No other person shall have any rights to enforce any of its terms.
Updated March, 2021