THE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT ("AGREEMENT") BETWEEN
YOU AND JONES & BARTLETT LEARNING, LLC ("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 MUST BE 18 YEARS OF AGE OR OLDER TO ENTER
INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, OR YOU ARE NOT 18 YEARS
OF AGE OR OLDER, 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.
INTELLECTUAL PROPERTY
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.
LICENSE TERMS
JBL Elearning Courseware made available to you through JBL
Elearning
Services is licensed, and not sold, to you, subject to the terms of this Agreement
and your timely payment of any fees due and payable to JBL. 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 you have not paid
fees when due and payable to JBL, 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 this license,
you shall cease all use of the JBL
Elearning Courseware
and JBL
Elearning Services and remain liable for paying
all amounts due under this Agreement. 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.
COMPLIANCE WITH LAWS; EXPORT
You agree to comply with all applicable federal, state, 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.
GOVERNMENT USE
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 HEREBY DISCLAIMS 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 DOES 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 DOES 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 MAKES
NO WARRANTY OR GUARANTY AS TO, AND ASSUMES 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 EXPRESSLY DISCLAIMS 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 total liability to you for all damages exceed the amount
of fifty dollars ($50.00). The foregoing limitations will apply even if the above
stated remedy fails of its essential purpose.
INDEMNIFICATION
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,
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.
MISCELLANEOUS
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.
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. No JBL employee or representative has any right or authority to
modify, whether orally or in writing, the terms of this Agreement.
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 Services and/or Products, and/or a third-party
claim that your use of the Services and/or Products is unlawful and/or infringes
such third party's rights).
PRIVACY POLICY
Your use of JBL Elearning Courseware and JBL Elearning Services are subject to JBL's
Privacy Policy at
http://www.jblearning.com/privacy/
Last updated on September 18, 2011