Website Terms and Conditions of Use
The following terms and conditions (the "Terms and Conditions") govern your use
of this web site, EKG.Academy, and any content made available from or through this web site
(the
"Web Site"). The Web Site is made available by Clinical Skills Education, LLC
("Clinical Skills Education, LLC" or "we" or "us"). We
may change the Terms and Conditions from time to time, at any time without
notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE,
YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF
THE WEB SITE. If you do not agree to these Terms and Conditions, you may not
access or otherwise use the Web Site.
Proprietary Rights
As between you and Clinical Skills Education, LLC, Clinical Skills Education, LLC owns the Web Site, all the
content (including, for example, audio, photographs, illustrations, graphics,
other visuals, video, copy, text, software, titles, Shockwave files, etc.),
code, data and materials thereon, the look and feel, design and organization of
the Web Site, and the compilation of the content, code, data and materials on
the Web Site, including but not limited to any copyrights, trademark rights,
patent rights, database rights, moral rights, sui generis rights and other
intellectual property and proprietary rights therein. Your use of the Web Site
does not grant to you ownership of any content, code, data or materials you may
access on or through the Web Site.
Limited License
You may access and view the content on the Web Site on your computer or other
device and, unless otherwise indicated in these Terms and Conditions or on the
Web Site, make single copies or prints of the content on the Web Site for your
personal use only. Use of the Web Site and the services offered on or
through the Web Site, are only for your non-commercial use. This web site is intended for use by trained medical
professionals. If you need medical advice, you should contact a physician,
clinic, hospital or other healthcare provider. Use of this website does not indicate nor
guarantee competence or proficiency in the performance of any medical activity.
Prohibited Use
Any commercial or promotional distribution, publishing or exploitation of the Web
Site, or any content, code, data or materials on the Web Site, is strictly
prohibited unless you have received the express prior written permission from Clinical Skills Education, LLC. Other than as expressly allowed herein, you may not download,
post, display, publish, copy, reproduce, distribute, transmit, modify, perform,
broadcast, transfer, create derivative works from, sell or otherwise exploit
any content, code, data or materials on or available through the Web Site. You
further agree that you may not alter, edit, delete, remove, otherwise change
the meaning or appearance of, or repurpose, any of the content, code, data, or
other materials on or available through the Web Site, including, without
limitation, the alteration or removal of any trademarks, trade names, logos,
service marks, or any other proprietary content or proprietary rights notices.
You acknowledge that you do not acquire any ownership rights by downloading any
copyrighted material from or through the Web Site. If you make other use of the
Web Site, or the content, code, data or materials thereon or available through
the Web Site, except as otherwise provided above, you may violate copyright and
other laws of the United States, other countries, as well as applicable state
laws and may be subject to liability for such unauthorized use.
Trademarks
The trademarks, logos, service marks and trade names (collectively the
"Trademarks") displayed on the Web Site or on content available
through the Web Site are registered and unregistered Trademarks of Clinical Skills Education, LLC and others and may not be used in connection with products
and/or services that are not related to, associated with, or sponsored by their
rights holders that are likely to cause customer confusion, or in any manner
that disparages or discredits their rights holders. All Trademarks not owned by
Clinical Skills Education, LLC that appear on the Web Site or on or through the Web
Site's services, if any, are the property of their respective owners. Nothing
contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any
Trademark displayed on the Web Site without the written permission of Clinical Skills Education, LLC or the third party that may own the applicable Trademark.
Your misuse of the Trademarks displayed on the Web Site or on or through any of
the Web Site's services is strictly prohibited.
User Information
In the course of your use of the Web Site and/or the services made available on or
through the Web Site, you may be asked to provide certain information to us (such information referred to hereinafter as "User
Information"). Clinical Skills Education, LLC's information collection and use
policies with respect to the privacy of such User Information are set forth in
the Web Site's Privacy Policy which is incorporated herein by
reference for all purposes. You acknowledge and agree that you are solely
responsible for the accuracy and content of User Information.
Submitted Materials
Unless specifically requested, we do not solicit nor do we wish to receive any
confidential, secret or proprietary information or other material from you
through the Web Site, by e-mail or in any other way. We cannot be responsible
for maintaining any Submitted Material that you provide to us, and we may
delete or destroy any such Submitted Material.
Prohibited User Conduct
You warrant and agree that, while using the Web Site and the various services and
features offered on or through the Web Site, you shall not: (a) impersonate any
person or entity or misrepresent your affiliation with any other person or
entity; (b) insert your own or a third party's advertising, branding or other
promotional content into any of the Web Site's content, materials or services,
or use, redistribute, republish or exploit such content or service for any
further commercial or promotional purposes; or (c) attempt to gain unauthorized
access to other computer systems through the Web Site. You shall not engage in spidering, "screen scraping," "database
scraping," harvesting of e-mail addresses, or personal information, or any
other automatic means of obtaining lists of users or other information from or
through the Web Site, including without limitation any information residing on
any server or database connected to the Web Site or the services offered on or
through the Web Site. You shall not obtain or attempt to obtain any materials
or information through any means not intentionally made publicly available or
provided for through the Web Site.
The Terms Of Use for this website require you to allow advertisements on this website to load and hence you are requested to kindly disable your adblockers or whitelist this website.
Linking to the Web Site
You agree that if you include a link from any other web site to the Web Site,
such link shall link to the full version of
an HTML formatted page of this Web Site. You are not permitted to link directly
to any image, audio or video file hosted on the Web Site. You agree not to download or use images hosted
on this Web Site on another web site, for any purpose, including, without
limitation, posting such images on another site. You agree not to link from any
other web site to this Web Site in any manner such that the Web Site, or any
page of the Web Site, is "framed," surrounded or obfuscated by any
third party content, materials or branding. We reserve all of our rights under
the law to insist that any link to the Web Site be discontinued, and to revoke
your right to link to the Web Site from any other web site.
Indemnification
You agree to defend, indemnify and hold Clinical Skills Education, LLC and and its affiliates' directors, officers, employees and
agents harmless from any and all claims, liabilities, costs and expenses,
including attorneys' fees, arising in any way from your use of the Web Site,
your placement or transmission of any message, content, information, software
or other materials through the Web Site, or your breach or violation of the law
or of these Terms and Conditions. Clinical Skills Education, LLC reserves the right,
at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in such case, you agree to
cooperate with Clinical Skills Education, LLC's defense of such claim.
Orders for Products and Services
We may make certain products available to visitors and registrants of the Web
Site. If you order any products, you hereby represent and warrant that you are
18 years old or older. You agree to pay for any purchases. You agree to pay all
applicable taxes.
Certain products that you purchase and/or download on or through the Web Site
may be subject to additional terms and conditions presented to you at the time
of such purchase or download.
Third Party Web Sites
You may be able to link from the Web Site to third party web sites and third party
web sites may link to the Web Site ("Linked Sites"). You acknowledge
and agree that we have no responsibility for the information, content,
products, services, advertising, code or other materials which may or may not
be provided by or through Linked Sites. Links to Linked Sites do not constitute
an endorsement or sponsorship by us of such web sites or the information,
content, products, services, advertising, code or other materials presented on
or through such web sites. The inclusion of any link to such sites on our Site
does not imply Clinical Skills Education, LLC's endorsement, sponsorship, or
recommendation of that site. Clinical Skills Education, LLC disclaims any liability
for links (1) from another web site to this Web Site and (2) to another web
site from this Web Site. Clinical Skills Education, LLC cannot guarantee the standards
of any web site to which links are provided on this Web Site nor shall Clinical Skills Education, LLC
be held responsible for the contents of such sites, or any
subsequent links. Clinical Skills Education, LLC does not represent or warrant that
the contents of any third party web site is accurate, compliant with state or
federal law, or compliant with copyright or other intellectual property laws.
Copyright Agent
We respect the intellectual property rights of others, and require that the people
who use the Web Site, or the services or features made available on or through
the Web Site, do the same. If you believe that your work has been copied in a
way that constitutes copyright infringement, please forward the following
information to Clinical Skills Education, LLC's Copyright Agent, designated as such
pursuant to the Digital Millennium Copyright Act, 17 U.S.C. � 512(c)(2), named
below:
- Your address, telephone
number, and email address;
- A description of the
copyrighted work that you claim has been infringed;
- A description of where the
alleged infringing material is located;
- A statement by you that you
have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
- An electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; and
- A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or are authorized to act on the copyright owner's behalf.
Copyright
Agent:
Copyright Department
Clinical Skills Education, LLC
e-mail: clinicalskillseducationllc@gmail.com
DISCLAIMER OF WARRANTIES.
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND
MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED "AS IS,"
"AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA,
DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES
CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION,
CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION,
AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS
AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT,
FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO
WARRANTY THAT THE WEB SITE OR THE PROVIDED SERVICES WILL MEET USERS'
REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. Clinical Skills Education, LLC ALSO ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR
EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR
YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO
CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE
REMEDY IS TO DISCONTINUE USING THE WEB SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT AND
UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE
INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING.
Clinical Skills Education, LLC NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE, NOR FOR ANY
OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE
THEREON BY ANYONE OTHER THAN AUTHORIZED Clinical Skills Education, LLC EMPLOYEE
SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT
LIMITATION, OTHER USERS OF THE WEB SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR
OTHER CONTENT AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF
PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC
INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO
FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE
ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY
PRICING AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED
HEREIN. NOTHING CONTAINED IN THE WEB SITE SHALL BE CONSTRUED AS INVESTMENT
ADVICE. Clinical Skills Education, LLC IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT
ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER
ANOTHER.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION,
Clinical Skills Education, LLC AND ITS
AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS
REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND
HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS
MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS
AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH Clinical Skills Education, LLC
OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE
ARE PROVIDED BY
Clinical Skills Education, LLC "AS IS," EXCEPT TO THE
EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT
SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND Clinical Skills Education, LLC OR
ITS LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Clinical Skills Education, LLC
OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR
SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE
OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, MATERIALS AND
FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST
BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE
PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED,
TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON
ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF
THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR
OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE
EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO Clinical Skills Education, LLC
FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
Applicable Laws
We control and operate the Web Site from our offices in the United States of
America. We do not represent that materials on the Web Site are appropriate or
available for use in other locations. Persons who choose to access the Web Site
from other locations do so on their own initiative, and are responsible for
compliance with local laws, if and to the extent local laws are applicable. All
parties to these terms and conditions waive their respective rights to a trial
by jury.
Termination
Clinical Skills Education, LLC may terminate, change, suspend or discontinue any aspect of
the Web Site or the Web Site's services at any time. Clinical Skills Education, LLC
may restrict, suspend or terminate your access to the Web Site and/or its
services if we believe you are in breach of our terms and conditions or
applicable law, or for any other reason without notice or liability.Clinical Skills Education, LLC
maintains a policy that provides for the termination in
appropriate circumstances of the Web Site use privileges of users who are repeat
infringers of intellectual property rights.
Changes to Terms of Use
Clinical Skills Education, LLC reserves the right, at its sole discretion,
to modify, add or remove any portion of the Terms and Conditions, in
whole or in part, at any time. Changes in the Terms and Conditions will be
effective when posted. Your continued use of the Web Site and/or the services
made available on or through the Web Site after any changes to the Terms and
Conditions are posted will be considered acceptance of those changes.
Miscellaneous.
The Terms and Conditions, and the relationship between you and us, shall be
governed by the laws of the State of Delaware, United States of
America, without regard to conflict of law provisions. You agree that any cause
of action that may arise under the Terms and Conditions shall be commenced and
be heard in the appropriate court in the State of Delaware, United States of America.
You agree to submit to the personal
and exclusive jurisdiction of the courts located within State of Delaware.
Our failure to exercise or enforce any right or
provision of the Terms and Conditions shall not constitute a waiver of such
right or provision. If any provision of the Terms and Conditions is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms and
Conditions remain in full force and effect.
These Terms and Conditions were revised 2/7/2018.