THE TERMS AND CONDITIONS ("TERMS") SET OUT BELOW ARE A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND JONES & BARTLETT LEARNING, LLC, ON BEHALF OF ITSELF AND ITS AFFILIATES, ("JB LEARNING") AND GOVERN YOUR USE OF THIS WEBSITE ("SITE"), ANY PRODUCTS AND SERVICES AND RELATED MATERIALS, WHETHER DELIVERED BY SHIPMENT, ACCESSED ONLINE, OR ACCESSED IN CONJUNCTION WITH YOUR ACTUAL OR POTENTIAL EDUCATIONAL INSTITUTION OR EMPLOYER (TOGETHER, "INSTITUTION"), INCLUDING, BUT NOT LIMITED TO, EDUCATION AND TRAINING RESOURCES, CURRICULUM, BOOKS AND EBOOKS, COURSE CONTENT, INSTRUCTIONAL AND TEST PREPARATORY MATERIALS, SURVEYS AND QUESTIONNAIRES, VIDEOS, TUTORIALS, PROPRIETARY AND CONFIDENTIAL RECORD KEEPING TOOLS, STUDY TOOLS, SKILLS TRACKING DEVICES, SCHEDULING TOOLS, AND TESTING CONTENT AND "ASSESSMENT" MATERIALS AND RELATED RESOURCES (COLLECTIVELY, "PRODUCTS") MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR ONLINE HOSTED PLATFORM AND RELATED ("SERVICES") (TOGETHER, "PRODUCTS AND SERVICES"). 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 THE SITE, PRODUCTS, AND SERVICES.
YOUR ACCOUNT
When you click "Agree," you certify and represent your agreement to comply with these Terms. Once you agree, you will be required to provide certain information to establish a username and password to create an account on the Site ("Account"). You agree to provide complete and accurate information when you register your Account, and you agree to permit JB Learning to store and use your Account information for use in maintaining your Account and improving the Site, Products, and Services as detailed below. You agree to notify JB Learning of any changes in your Account information.
You are permitted to use Site, Products, and Services solely for purposes of education and training for academic and/or professional development as permitted under this Agreement. By establishing an Account, you certify and represent that any exam, test, assessment, record keeping tool, skills tracking device, scheduling tools, related education and training resources, instructor toolkits, or other interactive tool offered through Site, Products, and Services will be utilized and completed only by you and you will not permit any other person to use or falsely access or answer exam, test, or assessment questions under your name. You agree to protect your Account, username, password, any access or Product code, and will not share them with others, nor allow remote access by any third-party, nor permit any unauthorized use of Products or Services. If you have reason to believe that someone is using your Account without your permission, contact JB Learning immediately. JB Learning will not be responsible to you or any third-party for any loss or damage resulting from your failure to notify JB Learning of any unauthorized use or from your allowing others to use and/or not adequately protecting your password, access codes, or your Account.
You agree that, except for Your Data stored on Site or Products you will not disclose any portion of Site, Products, and Services to any third-party and you will not seek unauthorized access to Products and Services from third-parties. You are prohibited from using Site, Products, and Services to establish a business that competes with JB Learning, to develop your own business, products and/or services, or in any manner not authorized herein. For avoidance of doubt, you may not post any Products and Services or any portion thereof to a third party site.
PROCTORED ASSESSMENTS
"Assessments," (any test, exam, quiz, evaluation, assessment and the like) are a JB Learning trade secret and protected under the US Defend Trade Secrets Act and other intellectual property laws of the U.S. and other countries. It is a violation of law to copy or give others any part of any Assessment. You are prohibited from: engaging third parties in taking Assessments on your behalf (also known as proxy test taking or contract cheating), enabling remote access or screen sharing software during your Assessment, using "smart" glasses during the Assessment, or use of or engagement with any technology, including the use of artificial intelligence (AI), device, or third party that may be used in furtherance of circumventing exam integrity and related policies and procedures.
You understand and agree that JB Learning may invalidate or withhold Assessment results at any time if, for any reason and in JB Learning’s sole judgment, there is a good faith and reasonable basis to question the validity of the results or to reasonably suspect you breached (as defined herein) these or any other relevant terms and conditions. Any suspected breach in connection with your Account and/or use of the Products and Services may result in the suspension and/or invalidation of applicable Assessment(s), the requirement to retake or take other Assessment(s) in-person and monitored by an in-person proctor, and/or the immediate indefinite suspension or termination of your Account and any rights to use Products and Services without refund.
You understand and agree that JB Learning may report any breach or suspected breach to: any federal- and state-level licensing regulatory entities, any actual or potential Institution to which you are seeking employment, admission, affiliated with, or enrolled, and/or to law enforcement authorities and will pursue any action reasonably necessary to protect student, employer, and school records and the integrity of Products and Services.
INTELLECTUAL PROPERTY
You understand and agree that Site, Products, and Services each constitute intellectual property and proprietary material that is owned by JB Learning or its licensors and is protected under intellectual property laws in the United States and other countries. All rights not expressly granted to you under this Agreement are reserved by JB Learning and its licensors. No part of the Site, Products, and Services may be licensed, resold, displayed, modified, published, posted, stored, transmitted, "mirrored", copied, reproduced, recorded, distributed, or disclosed, in whole or in part, without written permission of JB Learning. You may not engage in systematic retrieval of any content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory. Trademarks, service marks, graphics, brand names, and logos used in connection with the Site, Products, and Services are trademarks or registered trademarks of JB Learning or their respective owners. Brand names include, but are not limited to: Ascend Learning, JBL, Public Safety Group (PSG), ECSI, FISDAP, CDX Learning Systems (CDX). JB Learning and its licensors do not grant you any right or license in connection with any of the foregoing intellectual property and proprietary material and you are expressly prohibited from using the same without written permission from the applicable owner.
USE TERMS
Access to and use of the Site, Products, and Services are subject to the Terms of this Agreement and timely payment of any fees due and payable to JB Learning for such access and use. Your permission to access and use the Site, Products, and Services is subject to your prior acceptance of this Agreement, and you agree that these Terms will apply to each Products and Services module you access and use, including any updates or enhancements. Certain Products and Services may also require your acceptance of other terms specific to, and appearing in, said Products and Services, including third party terms and conditions. You are not authorized to assign or transfer this permission to access and use Products and Services or your access code, username, or password to any third-party. Other than the rights granted to you in this Agreement, JB Learning grants you no other rights.
You agree not to: (i) copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the Site, Products, and 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 Products and Services); (ii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of other users without permission, forge another person's digital signature, misrepresent the source, identity or content of information transmitted via our Services, or perform any other similar fraudulent activity; (iii) delete the copyright or other proprietary rights from the Site, Products, and Services; (iv) access the Site, Products, and Services for any illegal purpose, or in violation of any local, state, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights and data protection and privacy;(v) defame, harass, abuse, threaten or defraud other users, or collect, or attempt to collect, personal information about other users or third parties without their consent; (vi) remove, circumvent, disable, damage or otherwise interfere with security-related features on Site, Products, and Services;(vii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Sites, Products and Services or any part thereof; (viii) modify, adapt, translate or create derivative works of the Site, Products, and Services;(ix) sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of any Site, Product and Service; (x) upload or otherwise disseminate viruses, adware, spyware, worms or other malicious code, use any robots, spiders, crawlers or other automated downloading programs or devices to: (a) continuously and automatically search or index the Site, Products, and Services; (b) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (c) cause disruption to the working of the Site and if this Site contains robot exclusion files or robot exclusion headers, you agree to honor them; (xi) publish or distribute any advertising, promotional material, solicit other users of the Site to use any goods or services. conduct any business, solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services; (xii) send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes or harvest or otherwise collect information about users, including email addresses; or (xiii) stalk, intimidate, threaten or otherwise harass or cause discomfort to other users.
BREACH & TERMINATION
The permissions granted to you herein automatically terminate without notice if you fail to comply with these Terms in your use of this Site and the Products and Services. You understand and agree that any violation or suspected violation of these Terms, non-payment, false, misleading, or fraudulent activity committed by you (or on your behalf) in connection with your use of Site, Products, and Services ("breach") may result in any or all of the following: invalidation of your scores on the Site, Products, and Services; immediate suspension or termination of your Account and or access to and use of the Site, Products, and Services; disciplinary action by your Institution consistent with their policies; civil and criminal penalties, prosecution, and monetary damages. You understand and agree that JB Learning will report any breach or suspected breach to your Institution and/or to law enforcement authorities and will pursue any action reasonably necessary to protect the integrity of the Site, Products, and Services. JB Learning has zero tolerance for infringement of its intellectual property rights and will zealously take action to protect its rights.
Upon suspension or termination, you shall cease all use of the Site, Products, and Services and remain liable for paying all amounts that may be due and payable by you to JB Learning under this Agreement, if any. JB Learning reserves the right to modify, suspend, remove, or disable access to Site, Products, and Services at any time without notice and in no event will JB Learning be liable for making any such changes.
GENERATIVE ARTIFICIAL INTELLIGENCE
Restrictions: You acknowledge and agree that the Products and Services shall not be used, directly or indirectly, to train, develop, enhance, inform or improve any artificial intelligence tools, systems, models, or algorithms. This prohibition applies irrespective of whether the artificial intelligence tools, systems, models, or algorithms, are developed for commercial or non-commercial purposes. JB Learning reserves the right to monitor your use of the Products and Services and take action for any breach in accordance with the Breach and Termination provision herein.
Generative AI Services User Terms: Certain Products and Services may contain generative artificial intelligence features, applications, and tools intended to generate content within the Products and Services (collectively, "Generative AI Services"). The use of such Generative AI Services may require that you provide input into the Generative AI Services ("Input") and receive output from the Generative AI Services ("Output"). Input is considered "User Content" (hereinafter defined) and JB Leaning reserves the right to review User Content and take any action deemed necessary as to such User Content, including but not limited to editing or removing User Content and/or suspending or terminating your Account and/or access to the Generative AI Services. JB Leaning may use User Content to (a) provide, maintain, develop, and improve the Generative AI Services, (b) comply with applicable law, and (c) enforce this Agreement; by providing User Content, you are permitting JB Learning to use it for all of the forgoing purposes. When you use JB Learning Generative AI Services, you understand and agree: (i) Output may not always be accurate; you should not rely on Output from Generative AI Services as a sole source of truth or factual information, (ii) you must evaluate Output for accuracy and appropriateness for your use case, including using human review and verification as appropriate, before using or sharing Output from the Generative AI Services, and (iii) you must not use any Output relating to a person for any purpose that could have a legal, health, or any other material impact on that person or their circumstances, such as making, educational, employment, medical, financial, or other important decisions about them. Due to the nature of Generative AI Services and artificial intelligence generally, Output may not be unique, and other users may receive similar output from Generative AI Services.
USE OF DATA
Your Data: You understand and agree that, in order for you to use the Site, Products, and Services, you (and your Institution, if your use of Site, Products, and Services is affiliated with an Institution) will submit personal and identifiable data such as your: name, address, phone number, email address, Institution, title, user ID and password, IP address, and the Products and Services will generate data about your individual use of such Products and Services, which may include, but are not be limited to your: academic performance and student record, assessment results, individual grades and scores, accomplishment dates (such as graduation), instructor feedback and comment, personal learning behaviors, and various metrics related to learning of particular subject matters made available through Products and Services ("Your Data"). If your Institution is using remote proctoring services, Your Data may also include the type of information and recordings described in the Remote Proctoring section set out below. You understand and agree that JB Learning will collect, maintain, process, have access to, and use Your Data to:
(i) confirm your identity to ensure only authorized users are accessing the Site, Products, and Services, contact you, send relevant messages, and provide materials to you upon your request ;(ii) analyze and provide certain information about your learning, engagement with, and use of, Product and Services, and academic performance to you, Institution with whom your Products and Services use is affiliated, your instructor(s) as well as adaptive and personalized learning, and to clinical sites to which you have access;
(iii) analyze, separately or with data that JB Learning receives from third-parties, for purposes of JB Learning’s internal data analysis and research and for developing and enhancing JB Learning Products and Services;
(iv) ensure test security (v) provide technical support;
(vi) generate reports and analytics for use by you, your 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 the Institution; (v) protect the rights, property, or security of JB Learning, the Site, Products, and Services, other users’ rights or the personal safety of individuals; and
(xi) at JB Learning’s discretion, or as otherwise agreed with your Institution (if applicable) remove Your Data from Products and Services records six months after you end your association with the Institution affiliated with your Products and Services use provided that JB Learning reserves the right to continued use of all General Data and Aggregate Analytic Data, as defined below, without specific, identifiable reference to you or Your Data.
JB Learning will not sell, rent, trade or lease Your Data to others unless JB Learning has received permission to do so from you or your Institution (if applicable). Notwithstanding the foregoing, JB Learning reserves the right, and you hereby grant JB Learning the right, to disclose Your Data with: (i) any JB Learning affiliate (or business partner or agent acting on our behalf) worldwide and such affiliates, business partners, and agents will be under the same obligations as is JB Learning to protect the confidentiality of your information and protect your privacy; (ii) your Institution, its instructors and staff, and other parties associated with or required by your Institution with whom your Products and Services use is affiliated, and share with JB Learning contractors for whom JB Learning remains fully responsible; (iii) your Institution to ensure test security in connection with the administration of any Assessment, including any recordings or other data collected by JB Learning or our remote proctoring providers as applicable; (iv) regulatory, industry self-regulatory organizations or other government agencies, or under a court order, all as required by law; or(v) another company in connection with an organizational change, such as a merger or acquisition by another company or the sale of JB Learning’s assets.
If you have opted-in to receive communications from JB Learning or Suppliers regarding surveys, sweepstakes, discounts and other offers, market research, relevant product updates and continuing education, practice updates and opportunities, we may share your contact information with vendors who support JB Learning in these efforts, and either JB Learning or such Suppliers may contact you.
General Usage Data: You also understand and agree that, through Products and Services and the use of other third party software, JB Learning may collect diagnostic, technical, and general Products and Services usage information that is gathered to (i) facilitate JB Learning’s Product support and software development, and improve Products and Services, (ii) verify compliance with this Agreement, (iii) monitor, record, and report information about user activity and engagement with the Site, Products, and Services, (iv) collect information around device use, Products site volume and load, and user results in connection with certain Products and Services features or material ("General Usage Data").
Aggregate Analytic Data: Your Data and General Usage Data may also be used in the aggregate, anonymous, and de-identified by JB Learning for benchmarking, research and analytics, Products and Services development and improvement, general metrics about your Institution’s performance as compared to other institutions and other JB Learning customers, as well as for other anonymized metrics and analysis (collectively, "Aggregate Analytic Data"). You understand and agree that JB Learning may share various types of Aggregate Analytic Data with third parties.
Information You Provide or Post: Any communication, material or information (whether audio, video or other media or formats) including text, photos, performance, content, comments, feedback, questions, discussion, demonstrations, images, documents, recordings or other communications that you voluntarily and at your own discretion upload, transmit, or post (collectively "User Postings") to any Site, Products, and Services, or JB Learning-sponsored social media page ("JB Learning Property") will be deemed non-confidential. Do not upload, transmit, or post anything that you wish to keep confidential. The term User Postings does not include Your Data collected by JB Learning, as described above, or information which you are required and directed by JB Learning to post in connection with your use of JB Learning Products and Services, You will be solely responsible for all User Postings that you voluntarily upload, transmit, or post on JB Learning Property, you represent that you own all proprietary rights over such User Posting, and grant JB Learning and anyone authorized by JB Learning a perpetual, worldwide, non-exclusive, royalty-free and fully sublicensable right to use, display, reproduce, distribute, modify, communicate, host, store, adapt, publish, create derivative works from, distribute, perform and make publicly available such User Posting for any commercial or non-commercial use, even if you stop using the Site, Products, and Services. You understand that other users of the Site, Products, and Services may see your User Postings. You represent and agree that you will not submit, post, or transmit: (i) User Posting or other materials that infringe or otherwise violate any third party rights, including any copyrights, trademarks, trade secrets or other proprietary rights or any privacy or publicity rights; (ii) anything on an JB Learning Property that is libelous, defamatory, unlawful, threatening, obscene, infringing on the intellectual property or privacy rights of third parties, pornographic, harassing, hateful, abusive, inflammatory, racially or ethnically offensive, fraudulent, false, inaccurate, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, objectionable, indecent, misleading or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate. JB Learning reserves the right, at its sole discretion, to edit or remove, without notice, any of User Posting on JB Learning Property. NOTWITHSTANDING THE FOREGOING, JB LEARNING, Affiliates, and SUPPLIERS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR, does not warrant the accuracy, completeness or usefulness of, AND DOES NOT ENDORSE ALL OR ANY PORTION OF USER POSTING COMMUNICATED OR POSTED BY YOU OR OTHER THIRD PARTIES ON ANY JB LEARNING PROPERTY. JB Learning welcomes your suggestions and input on how we might improve the JB Learning Properties, Sites, Services and Products. By providing any such suggestions, ideas, know-how, and input to JB Learning, you agree that JB Learning and its affiliates, have a royalty free, perpetual, worldwide, irrevocable right to use, publish, create, display, market, distribute, copy, and sell the same, in any form, medium, or technology, whether now known or developed in the future.
Data Transmission: If you are located outside of the United States, you or Institution with whom your Products and Services use is affiliated, consent to the transmission and transfer of Your Data into the United States, to be processed, stored and maintained on or through JB Learning servers located in the United States.
REMOTE PROCTORING
If you or your Institution has elected to use remote proctoring services during the administration of any Assessment, you hereby agree to allow JB Learning and remote proctor providers to monitor and record you, your surroundings, and computer display by webcam, microphone, browser, desktop, or any other means necessary ("proctoring"). This may include recording of video, images, audio, and/or screen activity, and a scan of your surroundings and computer display. This proctoring will be conducted by machine and/or by a live person. You agree that the information from the Assessment session, including recordings, will be collected and available to authorized personnel of JB Learning, remote proctor providers, and may also be provided to your Institution or organization with which you are affiliated if they require you to take the Assessment. You hereby authorize the foregoing and JB Learning and your Institution to share with each other recordings of your exam session. The information from the exam session, including without limitation recordings, images, audio and other information and data will be available to and viewable by authorized personnel of JB Learning, your Institution, and their respective remote proctor providers.
You agree to have your identity verified by JB Learning or its remote proctoring providers using the methodology that is most currently employed by them. JB Learning and its remote proctoring providers will never sell your identifiable information and will only use it for security purposes. You give JB Learning a worldwide, royalty-free right to use, transmit, display and disclose your information and recordings as described herein. In providing remote proctoring Services, JB Learning may need to provide you with certain communications, such as technical support messages. These communications are considered part of JB Learning’s remote proctoring services, which you may not be able to opt-out from receiving. You are prohibited from photographing, or recording, by video or sound, any part of remote proctoring Services for any purpose.
JB Learning and its remote proctoring providers reserve the right to immediately stop proctoring, invalidate any scores, terminate your access and or use of the Products and Services, and report to your Institution any breach of JB Learning’s testing terms, including but not limited to any of the following: suspicious behavior, cheating, test misconduct, offensive, vulgar, criminal, obscene, unprofessional, or inappropriate behavior.
CHILDREN
JB Learning recognizes the importance of protecting the privacy and safety of children. The Site, Products, and Services are not intended for children under 13 years of age. If you are under 13, do not use the Site or Services and do not send any information about yourself to JB Learning. JB Learning does not knowingly collect personal information from children under 13 and will delete any personal information from a child under 13 collected or received without verification of parental consent. If you believe JB Learning might have any information from or about a child under 13, please contact us by email at [email protected].
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 the Site, Products, and Services. You will not use the Site, Products, or 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 Products except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. Products 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
Products and Services were developed using private funds and are "Commercial Items" as defined in FAR 52.227 and 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
The Site or Products may include content or material from third parties or include links to third-party websites (collectively, "third party material") which are not under the control or maintained by JB Learning and may have different terms of use. Such third-party material is provided as a convenience to you, and JB Learning does not endorse or assume liability or responsibility for such third-party material.
THIRD PARTY CONTENT
Neither JB Learning, nor any of JB Learning’s affiliates, or suppliers, partners, licensors, or service providers (collectively, "Suppliers") endorse, control, make any representations or warranties regarding, or have any responsibility or liability to you for any third-party content, User Content (including all content posted by other users) that is available through your use of JB Learning Products and Services.
ADDITIONAL TERMS
Certain Products and Services provided through the Site may be governed by specific additional terms which are supplemental to and may be different from those set forth either in a customer agreement or elsewhere in this Agreement. Such Additional Terms for those specific Products and Services are incorporated by reference as part of this Agreement. In the event of a conflict between any Additional Terms and this Agreement, the Additional Terms will control solely with regards to those Products and Services. JB Learning may revise the Additional Terms and such revised Additional Terms will apply to your use of the Site, Products, and Services upon publication.
CONTINUING EDUCATION CREDITS
If you are accessing Products and Services in connection with receiving continuing education units or credits, you understand and agree that your information will be transferred to third parties for purposes of issuance of such units or credits and maintenance of related records.
DISCLAIMER OF WARRANTIES
SITE, PRODUCTS, AND SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. JB LEARNING, AFFILIATES, AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, PRODUCTS, AND 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 EMPLOYEE OR REPRESENTATIVE OF JB LEARNING, AFFILIATES OR ITS SUPPLIERS, SHALL CREATE, WARRANT, 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 INABILITY TO USE THE SITE, PRODUCTS OR SERVICES IS AT YOUR SOLE RISK. JB LEARNING, AFFILIATES, AND ITS, SUPPLIERS, DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY (A) THAT THIS SITE, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, PRODUCTS, SERVICES, CONTENT, OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES, WORMS, LOGIC BOMBS, OR OTHER SUCH COMPUTER PROGRAMS, OR OTHER HARMFUL COMPONENTS; (B) REGARDING THE OPERATION OR PERFORMANCE OF THIS SITE; (C) REGARDING THE NATURE, ACCURACY, OR COMPLETENESS OF ANY CONTENT, MATERIAL, INFORMATION, TEXT, GRAPHICS, OR OTHER ITEMS CONTAINED ON THE SITE, IN THE PRODUCTS AND SERVICES, OR PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED, OR ACCESSED FROM THIS SITE OR ANY THIRD PARTY SITE; (D) ANY PRODUCT OR SERVICE PURCHASED ON OR THROUGH THIS SITE OR ANY THIRD PARTY SITE OR OBTAINED AS A RESULT OF ANY INFORMATION ON THIS SITE; OR (E) THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY JB LEARNING, AFFILIATES, OR SUPPLIERS THROUGH THIS SITE SHALL CREATE ANY WARRANTY.
The Site, Products, and Services may include inaccuracies or errors, and JB Learning may make improvements and changes to the Site, Products, and Services at any time, without notice. JB Learning periodically changes, but makes no commitment to update, this Site. The Site, Products, and Services are designed to provide accurate and authoritative information and recommendations regarding the subject matter covered and JB Learning makes reasonable efforts to provide accurate information. Notwithstanding the foregoing, JB LEARNING, AFFILIATES, AND SUPPLIERS MAKE NO WARRANTY OR GUARANTY AS TO, AND ASSUME NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, OR COMPLETENESS OF INFORMATION OR RECOMMENDATIONS MADE IN PRODUCTS AND SERVICES, OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF PRODUCTS AND SERVICES. Site, Products, and Services 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 JB Learning, 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 medication. This is especially important in the case of drugs that are new or seldom used. Products and Services were developed based on generally accepted applicable principles and standards in the United States and have not been customized or otherwise specifically designed for use in any other country, unless otherwise explicitly indicated. Any procedures and protocols noted in Products and Services are based on current recommendations of responsible sources; however, you understand that other or additional measures may be required under particular circumstances. Products and Services are intended solely as a guide and for educational purposes and are 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 Products and Services shall in any way advise you concerning legal authority to perform the activities or procedures discussed. You should make such determination only with the aid of legal counsel. Certain Products and Services may include facts, views, opinions, and recommendations of third-parties, which are deemed by JB Learning to be of educational interest to you. JB Learning, affiliates and its Suppliers, make no guarantee or warranty regarding the accuracy, completeness, or timeliness of such content or material, nor do they make any endorsement in connection with use of such third-party content or material. Similarly, statements and opinions in Products and Services are provided as guidelines only and should not be construed as official policy and JB LEARNING, AFFILIATES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN IN RELIANCE ON THESE STATEMENTS OR OPINIONS. Products and Services are provided to you with the understanding that JB Learning is not giving you any legal, accounting, or other professional service or advice. If expert assistance is required, the service of a competent professional should be sought.
LIMITATION OF LIABILITY
IN NO EVENT WILL JB LEARNING, AFFILIATES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR PRINCIPALS, BE LIABLE TO YOU OR ANY THIRD PARTY 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 PRODUCTS AND 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, THE LIABILITY OF JB LEARNING AND EACH OF THE AFOREMENTIONED PERSONS AND ENTITIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. In no event shall JB Learning’s or any of the aforementioned persons’ or entities’ 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 its essential purpose.
INDEMNIFICATION
By accepting this Agreement and using Site, Products, and Services, you agree that you will indemnify and hold JB Learning, its directors, officers, employees, affiliates, agents, contractors, principals, and Suppliers, harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of Products and Services, or any action taken by JB Learning to protect the Site, Products, and Services.
MISCELLANEOUS
JB Learning reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately when posted on this Site and will govern your continued use of Products and Services, provided however, JB Learning will not alter any consent previously provided by you regarding use of Your Data unless you expressly provide updated consent. You should frequently review these Terms. If you continue to use this Site after changes to these Terms are made, you are indicating your agreement to the changes.
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 JB Learning 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, JB Learning and you confirm that it is their wish that this document and all other related documents be drawn up in English. (Translation in French: JB Learning et vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.).
YOU HAVE SOLE RESPONSIBILITY FOR BACKUP AND PROTECTION OF YOUR DATA AND YOUR USE OF THIS SITE, PRODUCTS, AND SERVICES.
JB Learning’s obligations regarding Products and Services are governed by the terms of the agreements under which they are sold or licensed.
No joint venture, partnership, employment, or agency relationship is created or exists between you and JB Learning because of these Terms or your use of this Site.
This Agreement is the entire and exclusive agreement between JB Learning and you regarding your use of Site, Products, and Services and replaces any prior agreements between you and JB Learning 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. JB Learning’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. JB Learning is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of JB Learning’s control.
You agree that JB Learning 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 JB Learning believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to JB Learning's right to cooperate with any legal process relating to your use of Products and Services, and/or a third-party claim that your use of JB Learning Products and JB Learning Services is unlawful and/or infringes such third party's rights).
