Terms and Conditions
Last Updated: July 3, 2020
These Terms of Service (“Terms”) govern your access to and use of this website (the “Site”), includingits online learning platform, and the other services (both online and offline), provided by S&S Training Acquisition Corp., doing business as Healthcare Learning Alliance (including its affiliates, “Company,” “we,” “us,” or “our”).All of our products and services, including the Site and all related content and underlying technology, are together referred to as the “Services.”
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Services after changes are posted, you agree to those changes. Material changes will be clearly posted on the Site or otherwise communicated to you.
- License; Term. Provided you comply with these Terms, Company grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Site, as well as any other content or materials we may make available to you in connection with the Services (“Materials”), solely for your own personal, noncommercial, educational purposesand, in any event, in accordance with all related documentation, rules, or restrictions posted on the Site or otherwise provided by Company. This license automatically terminates upon any failure by you to comply with this Agreement.These Terms begin upon your first access to or use of the Services and will continue in effect until termination in accordance with these Terms.
- Additional Terms. Your access to or use of certain Services, such as your purchase of products or your participation at in-person trainings we provide, may be subject to additional terms, conditions, rules, or policies (together, “Additional Terms”). All applicable Additional Terms are incorporated by reference into these Terms
- Your Warranties. You represent and warrant that:
- You have the authority to enter into these Terms;
- You are under no contractual obligation that will interfere with your ability to perform under these Terms;
- You will not access or use the Site or our other Services in any manner not permitted by these Terms;
- You will perform your obligations and exercise your rights under these Terms in compliance with all applicable laws and regulations (including any applicable export or import laws or regulations); and
- You will perform your obligations and exercise your rights under these Terms in compliance with all applicable laws and regulations (including any applicable export or import laws or regulations); and
- Restrictions on Your Use of the Services.You will NOT, nor will you permit any person to:
- Access or use the Site, Materials, or Services for purposes other than as expressly permitted by these Terms;
- Access or use the Site, Materials, or Services for unlawful purposes;
- Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, distribute, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, discover the source code of, combine with other computer code or materials, translate, adapt, update, or modify the Site, Materials, or Services or any part thereof;
- Obscure, remove, alter, or modify any copyright, trademark, or other proprietary markings, designations, or notices in or on the Site, Materials, or Services;
- Provide inaccurate, incomplete, or out-of-date information via the Services;
- Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose;
- Access or use the Site, Materials, or Services to develop, create, produce, enhance, or add to any database;
- Access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
- Use the Site, Materials, or Services in any way that infringes on or violates the rights of any other person or entity;
- Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site;
- Impersonate or attempt to impersonate another person;
- Commit fraud or falsify information in connection with your use of the Services;
- Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Services or any computers, hardware, software, system, data, or networks;
- Engage in activities that aim to render the Services or associated services inoperable or to make their use more difficult;
- Use the Site, Materials, or Services as part of any effort to compete with Company or to provide services as a service bureau;
- Develop, assist in developing, or have developed on your own or on any other person’s behalf any software, technology, products, or services that compete with or are substantially similar to the Site, Materials, or Services;
- Access, use, or analyze the Site, Materials, or Services for any purpose that is to Company’s detriment or commercial disadvantage; nor
- Act maliciously against the business interests or reputation of Company, any Site user, or any customer of Company.
- Intellectual Property Rights. Our Services and all related content and materials, including their text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content are exclusively the property of Company or, as applicable, its suppliers and licensors, and are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights belonging to Company or any third party is prohibited and may be prosecuted to the fullest extent of the law. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as may be expressly described in these Terms, no licenses or other rights, express or implied, are granted by Company to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Company and all such rights are reserved and retained by Company.Copyright © 2020 S&S Training Acquisition Corp. All rights reserved.
- Your Account. You may be required to set up an account in order to use certain features of the Services, such as to sign up for courses. You will be required to submit certain information and to establish a username and password in order to set up your account. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately at [email protected]
- Termination of Access. Company may, for any reason and in its sole discretion, suspend, deactivate, or terminate your Site account or your use of the Services, and may terminate these Terms, without notice or liability, including if you breach these Terms, upon any unauthorized use of your username or password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Services to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission. You may terminate your account at any time by contacting us at [email protected]
- Product Descriptions. Company strives to provide accurate information on products made available for sale on the Site. However, Company does not represent or warrant that product descriptions, technical specifications, or other information is accurate, complete, reliable, or error-free. In the event that there is any conflict between the content of the Site and product descriptions, technical specifications, or other information provided in any Company purchase order, order confirmation, or contract, the Company purchase order, order confirmation, or contract will control. Before using any Company product, the user must determine the suitability of the product for the intended use. The user assumes all risk and liability whatsoever in connection with products purchased from Company.
- Terms of Sale. All orders of products made available on or ordered using the Site are subject to this section. This section and these Terms constitute the complete and exclusive statement of the terms governing the sale of products via the Site. Your purchase of products using the Site and acceptance of products as stated below manifest your agreement with this complete and exclusive statement of terms.
- A. Order Acceptance. Nothing on the Site constitutes an offer, but an invitation to you to make an offer to purchase products through the Site. All orders are subject to acceptance by Company. In addition, there may be certain orders that we cannot accept or must cancel. We reserve the right, in our sole discretion and without liability, to reject or cancel any order not yet shipped for any reason, including the following: limitations on quantities available for purchase; inaccuracies or errors in product descriptions, images, or pricing information; and problems identified by credit and fraud avoidance services. We may also require verifications, approvals, or other information before considering acceptance of any order. We will contact you if all or any portion of your order is rejected or canceled or if additional information is required to accept your order. An order is deemed accepted when Company ships the products ordered, and Company will charge your credit or debit card upon such shipment.
- B. Shipping and Handling; Taxes. Unless otherwise noted, shipping and handling fees will be charged separately and are your responsibility. Company charges you for sales, use, and other taxes for products ordered through the Site to the extent required by law.
- C. Availability. The prices and availability of products made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Product colors and measurements are approximate and may vary from the representation in the Site. These differences will not constitute a defect in or noncompliance of any product. Availability of products may be limited and products may not be available for immediate delivery. Some products may not be available in certain areas. Company is not liable for any damages you may suffer as a result of any shipment delays.
- D. Pricing. Pricing errors may occur on the Site from time to time. Company attempts to correct all pricing errors as soon as they are discovered‚ or as soon as Company receives notice of an error, but Company is not responsible for any pricing or typographical errors on the Site. Company reserves the right to cancel any orders containing pricing errors‚ with no further obligations or liability to you‚ even after your receipt of an order confirmation or shipping notice from Company. Any payments you make to Company for orders that are cancelled due to pricing errors will be refunded.
- E. Title and Risk of Loss. Title to products will pass to you when you receive the products. Company will bear the risk of loss or damage to the products while in transit to you.
- F. Order Cancellations. Order cancellations are at Company’s sole discretion. Our goal is to ship orders promptly, so it is often not possible to cancel an order once it is processed. If you wish to cancel an order, please contact our customer service department at [email protected] to see if we can change, cancel or correct the order before it ships.
- G. Return Policy. We do not allow for the return of products once shipped unless a product arrives damaged. If you wish to ask about returning a product, please contact our customer service department at [email protected] Any product returns are solely within Company’s discretion.
- H. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
- SERVICES AVAILABILITY; CHANGES TO THE SERVICES. Any features, materials, products, or services made available through the Site or otherwise by Company are subject to availability. Company may change the Services,including the features, materials, products, and services made available through the Site, as well as the pricing for Services, at any time without notice or liability.
- DISCLAIMER OF WARRANTIES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICESARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.COMPANY DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICES, NOR DOES COMPANY WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SERVICES IS ACCURATE OR RELIABLE. COMPANY DOES NOT WARRANT OR GUARANTEE THAT AVAILABILITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. COMPANY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON OR RELATED TO THE SERVICES. COMPANY HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. WE MAKE NO WARRANTIES OR GUARANTEES AS TO THE QUALITY OF ANY COURSES, TRAININGS, EDUCATIONAL MATERIALS, OR OTHER SERVICES. SERVICES ARE NOT GUARANTEED TO IMPROVE ABILITIES, SKILLS, OR PERFORMANCE.
COMPANY DOES NOT PROVIDE MEDICAL SERVICES AND THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL ENSURE YOUR OR ANY OTHER PERSON’S COMPLIANCE WITH REGULATORY PROGRAMS OR APPLICABLE LAWS OR REGULATIONS.COMPANY IS NOT RESPONSIBLE FOR THE PRODUCTION, EXPERIENCE, OR CANCELLATION OF ANY CONTENT ORIGINATING FROM OR PROVIDED OR OWNED BY THIRD PARTIES. COMPANY DOES NOT ENDORSE, NOR DOES COMPANY MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, ANY SUCH THIRD-PARTY CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ACCESS THERETO MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET (INCLUDING YOUR INTERNET CONNECTION), WIRELESS NETWORKS, TELECOMMUNICATIONS, AND ELECTRONIC COMMUNICATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, INACCURACIES, DELIVERY FAILURES, OR OTHER FAILURES OR DAMAGE RESULTING FROM THOSE PROBLEMS OR ANY OTHER PROBLEMS OUTSIDE OF COMPANY’S REASONABLE AND DIRECT CONTROL, INCLUDING WITHOUT LIMITATION TELECOMMUNICATIONS SERVICES, THE INTERNET, YOUR INTERNET CONNECTION, WIRELESS NETWORKS, AND ANY THIRD-PARTY SOFTWARE OR CONTENT.
WE MAKE NO REPRESENTATION THAT THE SERVICESARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SERVICES FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR IN ANY MANNER FROM THE SERVICES CREATES ANY WARRANTY.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, SUCCESSORS, OR ASSIGNS (TOGETHER, THE “COMPANY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES (INCLUDING WITHOUT LIMITATION OUR PRODUCTS, THE PROVISION OF PERSONAL INFORMATION, AND ANY RELIANCE ON ANY MATERIALS), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A COMPANY PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICES OR, WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE SITE, IF ELIGIBLE AND AT COMPANY’S DISCRETION AND OPTION, REPLACEMENT OF, OR REFUND OF THE PRICE PAID FOR, THE APPLICABLE PRODUCT.WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE COMPANY PARTIES’ LIABILITY TO YOU EXCEED $50, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification. You will indemnify, defend, and hold harmless the Company Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Services, (b) your misuse of or reliance on any Materials or information viewed, downloaded, or otherwise accessed or obtained through the Services, (c) your submission of information, documents, and other content (including personal information) through or in connection with the Services, (d) your violation of or noncompliance with applicable laws or regulations, (e) your breach of these Terms, (f) your negligence, willful misconduct, or fraud, or (g) death or personal injury resulting from your acts or omissions. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
- Force Majeure. Company will not be liable to you or to any third party for any delay or other failure to perform under these Terms that is due to causes beyond Company’s control, including without limitation acts of God, terrorism, civil disorders, labor disputes, shortages, riot, war, strikes, acts of a public enemy, acts of the United States of America, any state, territory or political division thereof, or any other nation or government, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, epidemics, pandemics, acts or omissions of third parties, telecommunications failures, Internet failures, and similar causes and events.
- Linking to the Site. If you operate a website and are interested in linking to the Site: (a) the link must be a text-only link unless you request a graphic badge from Company, in which case you may use any graphic badge provided by Company to link to the Site, and, in any case, the link must be clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Company’s names or trademarks; (d) the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by Company; and (e) the link, when activated by a user, must display the Site full-screen and not within a frame or mirror. Company reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
- Feedback. Company welcomes comments regarding the Services. If you submit comments or feedback regarding the Services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
- Governing Law; Dispute Resolution. These Terms are governed by the laws of the state of Delaware, without regard to its conflict of law principles, and, as applicable, the federal laws of the United States. Venue is exclusively in the state or federal courts, as applicable, located in Delaware with respect to any dispute arising under these Terms unless otherwise determined by Company in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. You will not bring any action or other claim with respect to the Services more than one (1) year after the claim arises.
- Audit. Company and its designated representatives may, at their expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Services in order to determine your compliance with these Terms.
- Relationship of the Parties. Company is an independent contractor. These Terms do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between the parties, their affiliates, or their respective employees, contractors, or agents. Neither party has any authority to contract for or bind the other party in any manner or make any representation or commitment on behalf of the other party.
- Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You will not assign these Terms without our prior written consent. Any attempted assignment by you without our consent will be void. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties’ respective successors and assigns.
- Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Services.
- Notice. All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email. Please print or otherwise save a copy of these Terms and all notices, consents, and other communications for your reference.
- Contact Us. Please direct any questions and concerns regarding these Terms or the Services to us by email at [email protected], by telephone at 888-3-GOLEARN (888-346-5327), or by mail at Healthcare Learning Alliance, 2021 East College Way, Suite 214, Mount Vernon, Washington 98273.