This Emergency University Internet Web Site Agreement (the “Agreement”) is between you and Emergency University, Inc. (SM) (“Emergency University”). Your use of the Emergency University Internet Web site (the “Web Site”) signifies your agreement to all of the terms and conditions of use set forth below in the Agreement.
Agreement to the Terms and Conditions of Use: YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
Welcome to Emergency University’s Web Site. Emergency University provides its services to you subject to the following Terms of Service (“TOS”). You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. In addition, when using Emergency University’s Web Site and Services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Web Site.
Emergency University reserves the rights, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time, without notice. The latest version of the TOS may be found at www.emergencyuniversity.com.
Description of Service
Emergency University currently provides users with access to a rich collection of resources, including but not limited to comprehensive medically based educational tools in Emergency Medical and Non-Medical Response and Preparedness Programs including Online and Onsite Consultations, Management and Training, Safety Equipment and Supplies, First Aid Kits, Crisis Management Solutions, AED Program Management, Health and Safety Consultation and Risk Assessment, Evacuation Planning, Country Specific H&S Policies and Procedures, Health and Safety Monitoring and Quality Assurance Program, Wellness Training, Injury and Illness Prevention Program, Pandemic Preparedness, Medical Direction Consultation, Ergonomics, EP Medical Technology, Training and Protocols, Medical Direction, Executive Protection Medical Packs, and a complete resource database which provides related information across the United States and Worldwide, in addition to personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the service may include certain communications from Emergency University, such as service announcements and administrative messages and that these communications are considered part of Emergency University membership and you will not be able to opt out of receiving them. Additionally, you understand and agree that the Service may include advertisements and that these advertisements are necessary for Emergency University to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Emergency University properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Emergency University assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Your Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Emergency University has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Emergency University has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without incurring liability.
Each license provides access for one user only. Use of the training program by more than one licensee is strictly prohibited. You will receive a password and account designation upon successful completion of the Service’s registration process. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree not to share your password with, or allow access to the Web Site via your password, to any third party for any reason. You may not sell or sublicense your password to any third party without the express written permission of Emergency University. You agree to (a) immediately notify Emergency University of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Emergency University cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
Emergency University and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Emergency University may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database, or Content. Emergency University may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability.
You acknowledge that transmission to and from this Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Emergency University, no confidential, fiduciary, and contractually implied or other relationship is created between you and Emergency University other than pursuant to this Agreement.
Emergency University does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Emergency University reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site. You agree that you must evaluate and bear all risks associated with the use of any Content including any reliance on the accuracy, completeness, or usefulness of such Content.
Emergency University does not and cannot review all materials posted to the Web Site by users, and Emergency University is not responsible for any such materials posted by users. However, Emergency University reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of this Agreement. Further, you acknowledge and agree that Emergency University may preserve content and disclose in the good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights or third-parties; or (d) protect the rights, property or personal safety of Emergency University, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Modifications to Service
Emergency University reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Emergency University shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Intellectual Property Rights:
You acknowledge and agree that the Service and any necessary software use in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Further, the Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other applicable copyright laws. The contents of the Web Site (“Content”) are provided only for your personal, non-commercial use only. All materials contained on the Web Site are protected by copyright, and are owned or controlled solely by Emergency University or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Web Site. By your acceptance of this Agreement and use of the Web Site, you covenant that you will not download, copy or otherwise attempt to modify the Content displayed on this Web Site for any reason. Copying or storing of any Content is expressly prohibited without the prior written permission of Emergency University or the intellectual property holder identified in the applicable Contents copyright notice.
Elements of Web Site are protected by trade dress, trademark, unfair competition, rights of privacy and/or publicity, patent, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by Emergency University. You will not use any material or information, including images or photographs, which are made available through the Web Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would intentionally or unintentionally constitute a criminal offense, give rise to civil liability or otherwise violate any local, State, Federal, national or applicable international convention, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.
Except as expressly authorized by Emergency University, its affiliates, subsidiaries or partners, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You hereby agree to indemnify, defend and hold Emergency University and all its subsidiaries, affiliates, officers, directors, owners, agents, employees, information providers, licensors, co-branders, other partners and licensees, or ISP providers including the Chemscope Corporation (collectively, the “Indemnified Parties”) harmless from and against any and all liability and cost incurred by the Indemnified Parties in connection with any claim arising out of any non-compliance and/or breach by you or a third party of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorney’s fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Emergency University reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Emergency University.
Links to Other Sites:
The Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Web Site. Links to and from Web Site to sites maintained by third parties do not constitute an endorsement by Emergency University or any of its subsidiaries or affiliates of any third party products, information or contents. Since Emergency University is not responsible for the availability of these outside resources or their content, you should direct any concerns regarding any external link to the site administrator or webmaster of such site.
Governing Law and Forum Selection:
The Web Site is created, updated, and controlled by Emergency University in the State of California, County of San Mateo, USA. This Agreement has been entered into and the use of Emergency University services shall occur in San Mateo County, State of California, USA. Accordingly it shall be governed and construed in accordance with the laws of the State of California, San Mateo County without regard to conflicts of law provisions. By your use of the Web Site and agreement to the Terms of Service you agree that sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in the appropriate state or federal court located in the State of California, County of San Mateo.
Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED “AS IS” AND IS INTENDED AS A BETA VERSION ONLY, AND IS TO BE USED AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EMERGENCY UNIVERSITY, ITS SUBSIDIARIES, AFFILIATES, VENDORS, LICENSEES AND ISP PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER RELATING TO THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND/OR FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR TRAINING METHODOLOGY PROPOSED OR EDUCATIONAL RESOURCES PROVIDED, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. EMERGENCY UNIVERSITY, ITS SUBSIDIARIES, AFFILIATES, VENDORS, LICENSEES AND ISP PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, AND USER HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EMERGENCY UNIVERSITY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMERGENCY UNIVERSITY, ITS SUBSIDIARIES, AFFILIATES, VENDORS, LICENSEES AND ISP PROVIDERS SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB SITE IS WITH THE USER. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability:
EMERGENCY UNIVERSITY, ITS SUBSIDIARIES, AFFILIATES, VENDORS, LICENSEES AND ISP PROVIDERS ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE. IN NO EVENT SHALL EMERGENCY UNIVERSITY OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEB SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEB SITE FOR INFORMATION, EDUCATION OR CERTIFICATION, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY EMERGENCY UNIVERSITY, OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
This Agreement constitutes the entire agreement between Emergency University and you with respect to your use of the Web Site and its interrelated services. Any cause of action you may have with respect to your use of the Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Emergency University disclaims any and all responsibility for content contained in any third party materials provided through links from the Emergency University Web Site.
Emergency University may, at its sole discretion, terminate this Agreement and disable your password if you (1) disclose your password to a third party (2) infringe Emergency University’s Intellectual Property rights, (3) fail to pay the License Fee when due, or (4) violate any of the terms and conditions of this Agreement and TOS.