THE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND JONES & BARTLETT LEARNING, LLC, ON BEHALF OF ITSELF AND ITS AFFILIATES, ("JBL) AND GOVERN YOUR USE OF JBL ONLINE MATERIAL, INCLUDING, BUT NOT LIMITED TO, JBL EBOOKS, COURSE CONTENT, AND TESTING AND ASSESSMENT RESOURCES (COLLECTIVELY REFERRRED TO HEREIN AS "JBL ELEARNING COURSEWARE") MADE AVAILABLE TO YOU BY JBL'S ONLINE ELEARNING SERVICES ("JBL ELEARNING SERVICES"). YOU MUST AGREE TO THESE TERMS BEFORE ACCESSING ANY JBL ELEARNING COURSEWARE. TO AGREE TO THESE TERMS, CLICK "AGREE." YOU REPRESENT THAT YOU HAVE SUFFICIENT LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," DO NOT ACCESS ANY JBL ELEARNING COURSEWARE, AND CONTACT JBL CUSTOMER SERVICE FOR A REFUND OF AMOUNTS YOU PAID TO JBL FOR USE OF THE JBL ELEARNING COURSEWARE THAT YOU NO LONGER DESIRE TO ACCESS AND USE.
YOUR JBL ACCOUNT
Upon your purchase of JBL Elearning Courseware, JBL provided you with an access code which must be redeemed by you upon your agreement to these terms and conditions in order to access your JBL Elearning Courseware. When you click "Agree," below, you will be directed to JBL's account information page to establish your account ("Account"). You agree to provide accurate information when you redeem your access code and register your Account with JBL and you agree to permit JBL to store and use your registration data for use in maintaining your Account. You agree to protect your username and password and not share them with others or permit any unauthorized use of the JBL Elearning Courseware. You agree to notify JBL of any changes in your personal or registration information that you submitted to JBL. You agree to protect your username and password, as well as any access codes and product codes provided by JBL, and not share them with others or permit any unauthorized use of JBL Elearning Courseware or JBL Elearning Services. If you have reason to believe that someone is using your account without your permission, you should contact JBL immediately. JBL will not be responsible to you or any third party for any loss or damage resulting from your failure to notify JBL of unauthorized use or from your allowing others to use and/or not adequately protecting your password, access codes, or your Account with JBL. By establishing an Account, you certify and represent that any exam, test, assessment, or other interactive tool offered through JBL Elearning Courseware will be completed and utilized only by you and you will not permit any other person to falsely answer exam, test, and assessment questions under your name. You understand and agree that any false, misleading, or fraudulent activity committed by you in connection with your use of JBL Elearning Courseware may result in invalidation of your scores and records stored on JBL Elearning Courseware, immediate suspension or termination of your access to JBL Elearning Courseware, and disciplinary action by your school or institution consistent with their policies. You understand and agree that JBL will report any suspected fraud or testing misconduct to your school or institution and/or to law enforcement authorities and will pursue any action reasonably necessary to protect student and school records and the integrity of the JBL Elearning Courseware product. You agree to use JBL Elearning Courseware and JBL Elearning Services only as permitted under this Agreement. If you are located outside of the United States, you consent to the transfer of your personal information into the United States. You agree that, except for data stored on JBL Elearning Courseware which comprises your student record to which you are entitled access under applicable law, you will not disclose any portion of JBL Elearning Courseware to any other person or entity, as JBL Elearning Courseware contains the confidential and proprietary material of JBL and doing so would result in serious financial harm to JBL, for which you may be held personally liable. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use JBL Elearning Courseware and JBL Elearning Services.
You understand and agree that JBL Elearning Courseware and JBL Elearning Services each constitute intellectual property and proprietary material that is owned by JBL or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by JBL and its licensors. Jones & Bartlett Learning, LLC, Navigate, and other Jones & Bartlett Learning, LLC trademarks, service marks, graphics, and logos used in connection with the JBL Elearning Courseware and JBL Elearning Services are trademarks or registered trademarks of Jones and Bartlett Learning, LLC in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the JBL Elearning Courseware and JBL Elearning Services may be the trademarks of their respective owners. JBL and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
JBL Elearning Courseware made available to you through JBL Elearning Services is licensed, and not sold, to you or to the school or institution with whom your JBL Elearning Courseware use is affiliated, subject to the terms of this Agreement and timely payment of any fees due and payable to JBL. If you have independently paid JBL for the use of JBL Elearning Courseware and JBL Elearning Services, the aforementioned license is granted to you. Your license to use JBL Elearning Courseware is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each JBL Elearning Courseware, including any updates or enhancements, that you access through use of your access code and/or username and password. You are not authorized to assign or transfer this license or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, JBL grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the JBL Elearning Courseware or JBL Elearning Services (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the JBL Elearning Courseware or JBL Elearning Services). You agree to use JBL Elearning Courseware and JBL Elearning Services only as permitted under this Agreement. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use JBL Elearning Courseware and JBL Elearning Services. If JBL reasonably suspects that you have violated this Agreement, or if fees due and payable to JBL by you or your school or institution have not been paid then, without notice to you, JBL may terminate this Agreement, the license, and your account and deny you further access to JBL Elearning Courseware and JBL Elearning Services. Upon termination of your school's or institution's JBL Elearning Courseware license, or your individual license of you have directly paid JBL, you shall cease all use of the JBL Elearning Courseware and JBL Elearning Services and remain liable for paying all amounts that may due and payable by you to JBL under this Agreement, if any. JBL reserves the right to modify, suspend, remove, or disable access to any JBL Elearning Courseware or JBL Elearning Services at any time without notice and in no event will JBL be liable for making any such changes.
USE OF DATA
Before establishing an Account with JBL, you are required to agree to the following terms around use of certain data, as described below:
Your Learning Data:
You understand and agree that, in the course of your use of JBL Elearning Courseware, you (and your school or institution, if your use of JBL Elearning Courseware is affiliated with a school or institution) will submit personal and identifiable data regarding you and your individual use of JBL Elearning Courseware, which may include, but not be limited to, your academic performance and student record, your individual grades and scores, instructor feedback and comment, your personal learning behaviors, and various metrics related to your learning of particular subject matters made available through JBL Elearning Courseware ("Your Learning Data"). You understand and agree that JBL, through JBL Elearning Courseware, will collect, maintain, process, have access to, and use Your Learning Data to (i) confirm your identity to ensure only authorized users are accessing JBL Elearning Courseware and for general JBL Elearning Courseware security, (ii) analyze and provide certain information about your learning and academic performance to you, the school or institution with whom your JBL Elearning Courseware use is affiliated, and your instructor(s) from said school or institution, (iii) provide technical support to you and your school or institution on JBL Elearning Courseware, and (iv) generate reports and analytics for use by you, your school or institution, and your instructor(s) regarding your learning and academic performance and/or the learning and academic performance of an entire class or classes at your school or institution. You understand and agree that, JBL reserves the right to continued use of all General JBL Elearning Courseware Data and School Metrics, as defined below, without specific, identifiable reference to you or Your Learning Data.
General JBL Elearning Courseware Data:
You also understand and agree that, through JBL Elearning Courseware and the use of other third party software, JBL may collect diagnostic, technical, and general JBL Elearning Courseware usage information that is gathered, de-identified, and made anonymous, to (i) facilitate JBL's product support and software development, and improve JBL Elearning Courseware, (ii) verify compliance with license terms, (iii) monitor, record, and report information about JBL Elearning Courseware user activity and engagement with the JBL Elearning Courseware sites and modules, (iv) collect information around device use, JBL Elearning Courseware site volume and load, and user results in connection with certain JBL Elearning Courseware features or material ("General JBL Elearning Courseware Data").
Aggregate School Metrics: Your Learning Data and General JBL Elearning Courseware Data may also be used in the aggregate, anonymous, and de-identified by JBL for benchmarking analytics and general metrics about your school's or institution's performance as compared to other schools and institutions and other JBL customers ("School Metrics").
You understand and agree that JBL may share various types of aggregated and anonymous, de-identified data described above with third parties, provided however, in no event will JBL share any personally identifiable information about you with any third party (other than the school or institution with whom your JBL Elearning Courseware use is affiliated, and JBL contractors for whom JBL remains fully responsible) without your express consent to such disclosure.
By clicking the "I Agree" button below, as part of agreeing to the terms and conditions in this Agreement, you are also providing your express consent to JBL's and its affiliates' collection, use, maintenance, reporting, and processing of Your Learning Data, General JBL Elearning Courseware Data, and School Metrics, as described herein.
COMPLIANCE WITH LAWS; EXPORT
You agree to comply with all applicable federal, state, provincial, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of JBL Elearning Courseware and JBL Elearning Services. You will not use the JBL Elearning Courseware and JBL Elearning Services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export the JBL Elearning Courseware except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. JBL Elearning Courseware may not be exported into any U.S. embargoed countries or to anyone on the U.S. Government's list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
VIRTUAL LAB USE
If you are using any virtual lab provided with JBL Elearning Courseware, you agree that the hardware, software, applications, manuals, guides, and tools pre-loaded within the virtual workstation and online laboratory environment or provided by JBL are the copyrighted works JBL and/or the suppliers noted therein and are to be used strictly for instructional and educational purposes only, in connection with JBL's educational materials. Your use of JBL's virtual lab does not grant you any intellectual property right in or to any of the material included therein, and such rights are expressly reserved by JBL and/or its suppliers. You are not permitted and agree not to use such tools, applications, or techniques in live production or IT infrastructures inside or outside of your school or organization or for any purpose other than in connection with the JBL lab environment, as permitted by JBL herein. Under no circumstances are you permitted to use these tools, applications, or techniques in the production or IT infrastructures and networks of any organization. You are required to conform to your school or organization's code of conduct and ethics policies during the use of any of the tools, applications, or techniques provided by JBL's virtual lab environment.
You agree that you will not, and will not attempt to, download, copy, reverse engineer, disassemble, decompile, publish, transmit, distribute, or provide anyone else with access to any of the software, tools, manuals, guides, applications, programs, or other materials provided by JBL for use in JBL's virtual lab. You agree that you will not violate, or attempt to violate, any software licensing terms or conditions, copyrights, or engage in any malicious, harmful, or unlawful activity in any way related to your use of JBL's virtual lab or the material and information contained therein, including but not limited to, unauthorized computer access, malicious or harmful actions, privacy law violations, copyright violation, and any acts that may be in violation of any federal, state, or local laws or regulations pertaining to online acts of crime, including but not limited to data breaches, malicious attacks, denial of service, distributed denial of service attacks, and other acts that cause downtime or damage to online, electronic, or digital assets, or which damage, disable, or impair another person's or entity's computer, IT infrastructure, systems, property, or rights ("Malicious and Unlawful Activity"). You understand that doing so is a violation of JBL's license terms and U.S. federal and state laws, which may subject you to prosecution to the fullest extent of the law.
JBL Elearning Courseware and JBL Elearning Services were developed using private funds and are "Commercial Items" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
USE OF LINKS
JBL may include material from third parties or include links to third party websites in its JBL Elearning Courseware. Such material is provided as a convenience to you and JBL assumes no liability or responsibility for such third party materials or websites.
DISCLAIMER OF WARRANTIES
JBL ELEARNING COURSEWARE AND JBL ELEARNING SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, AND JBL AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE JBL ELEARNING COURSEWARE AND JBL ELEARNING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY JBL EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR MODIFY THIS SECTION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILTY TO USE, JBL ELEARNING COURSEWARE AND JBL ELEARNING SERVICES IS AT YOUR SOLE RISK. JBL AND ITS LICENSORS DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN JBL ELEARNING COURSEWARE. JBL TAKES PRECAUTIONS TO PROTECT JBL ELEARNING COURSEWARE AND JBL ELEARNING SERVICES, BUT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. JBL AND ITS LICENSORS DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF JBL ELEARING COURSEWARE OR JBL ELEARNING SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
JBL Elearning Courseware is designed to provide accurate and authoritative information and recommendations in regard to the subject matter covered and JBL uses reasonable efforts to provide accurate information. Notwithstanding the foregoing, JBL AND ITS LICENSORS MAKE NO WARRANTY OR GUARANTY AS TO, AND ASSUME NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, OR COMPLETENESS OF INFORMATION OR RECOMMENDATIONS MADE IN JBL ELEARNING COURSEWARE, OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF JBL ELEARNING COURSEWARE. JBL Elearning Courseware may provide information, guidance, and recommendations related to a variety of subject matters, including but not limited to, medical treatment, emergency care, drugs, medical devices, and side effects; however, research, clinical practice, and government regulations often change the accepted standards and it is solely your responsibility, and not the responsibility of JBL, to determine appropriate medical treatment, the use of any drug in the clinical setting, and for determining FDA status of a drug, reading the package insert, and reviewing prescribing information for the most up-to-date recommendations on dose, precautions, and contraindications, and determining the appropriate usage for a product. This is especially important in the case of drugs that are new or seldom used. Any procedures and protocols noted in JBL Elearning Courseware are based on current recommendations of responsible sources; however, you understand that other or additional measures may be required under particular circumstances. JBL Elearning Courseware is intended solely as a guide and is not intended to be used for actual medical treatment or as a statement of the standards of care required in any particular situation, because circumstances and patients' physical conditions can vary widely from one set of circumstances to another. Nor is it intended that JBL Elearning Courseware shall in any way advise personnel concerning legal authority to perform the activities or procedures discussed. You should make such determination only with the aid of legal counsel. Similarly, statements and opinions in JBL Elearning Courseware are provided as guidelines only and should not be construed as official policy and JBL AND ITS LICENSORS EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN IN RELIANCE ON THESE STATEMENTS OR OPINIONS. JBL Elearning Courseware is provided to you with the understanding that JBL is not rendering to you any legal, accounting, or other professional service or advice. If legal advice or other expert assistance is required, the service of a competent professional should be sought.
LIMITATION OF LIABILITY
IN NO EVENT WILL JONES & BARTLETT LEARNING, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE JBL ELEARNING COURSEWARE AND JBL ELEARNING SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, JBL'S LIABILTY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall JBL's and its Licensor's total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
By accepting this Agreement and using the JBL Elearning Courseware and JBL Elearning Services, you agree that you will indemnify and hold JBL, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, any Malicious and Unlawful Activity by you, your use of the JBL Elearning Courseware and JBL Elearning Services, or any action taken by JBL to protect its intellectual property, including, but not limited to, suspension or termination of your access to JBL Elearning Courseware and JBL Elearning Services.
JBL reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately and will govern your continued use of JBL Elearning Courseware and JBL Elearning Services, provided, however, JBL will not alter any consent previously provided by you regarding use of your personal information or data unless you expressly provide updated consent.
This Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the Commonwealth of Massachusetts. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No JBL employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement.
If you are in Canada, JBL and you confirm that it is their wish that this document and all other related documents be drawn up in English. (Translation in French: JBL et vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.) Notwithstanding anything to the contrary herein, your use of JBL Elearning Courseware and JBL Elearning Services shall be subject to all required provincial laws applicable to JBL regarding data use and data privacy.
This Agreement is the entire and exclusive agreement between JBL and you regarding your use of JBL Elearning Courseware and JBL Elearning Services and replaces any prior agreements between you and JBL regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. JBL's failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. JBL is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of JBL's control.
JBL reserves the right to take steps JBL believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that JBL has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as JBL believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to JBL's right to cooperate with any legal process relating to your use of the JBL Elearning Services and/or JBL Elearning Courseware, and/or a third-party claim that your use of the JBL Elearning Services and/or JBL Elearning Courseware is unlawful and/or infringes such third party's rights).
Last updated on September 2012