APEA Terms & conditions
Effective date: 1 January 2020
Welcome to APEA
The following terms and conditions (“Agreement” or “Terms & Conditions”) describes the terms under which Advanced Practice Education Associates, LLC (“APEA”) offers you use and access to its services and products.
APEA RESERVES THE RIGHT TO, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, MAKE CHANGES TO THIS AGREEMENT IN APEA’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS” HYPERLINK LOCATED AT THE BOTTOM OF THE HOME PAGE OF THIS WEBSITE.
PLEASE READ ALL TERMS CAREFULLY BEFORE SUBSCRIBING TO, ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY SERVICES OR PART OF THIS WEBSITE:
You may be required to purchase and/or register for a subscription plan or one-time product to access parts of this Website and/or Services and educational content of APEA accessed through www.apea.com (“Product”, including paid options or free trials). APEA offers a number of different types of Products. Pricing, available content or resources, and period of time that the Product is active (“Subscription Term”) vary depending on your selected Product(s). APEA reserves the right, in its sole discretion, to remove, modify or update any and all content or features and functionality of the Products or Services during the Subscription Term. To be eligible to access and use APEA’s Services through a Product, you must (i) be of majority age in the applicable jurisdiction and capable of entering into a binding agreement; (ii) have an account in good standing with APEA, including all payment of fees and taxes; (iii) be in compliance with this Agreement; and (iv) meet any additional eligibility requirements that APEA may determine for a Product. For example, APEA may offer types of Products that are only available to organizations/entities that wish to provide APEA Services to their students or clinicians in a medical field (“Institutional Subscription”). If you are using Services or subscribing to a Product on behalf of an entity, you represent to APEA that you have authority to bind the entity to the terms of this Agreement.
A. SUBSCRIPTION TERMS
Access to Services under your Product automatically terminates when your Subscription Term expires. If you renew a subscription, you agree to the Terms & Conditions and Policies, including pricing and fees, that are current at the time of renewal. APEA reserves the right, in its sole discretion, to restrict, modify, suspend or terminate your access to any, all or any portion of, this Website, Services and/or your subscription for any reason at any time, without notice.
B. ACCOUNT REGISTRATION
To subscribe to or access parts of this Website and/or Services, you may be asked to provide certain registration details or other information. If APEA believes that the information you provide is not correct, not current, or incomplete, APEA has the right to refuse access to this Website or any of its Services, and to terminate or suspend your access at any time. During the registration process, you must enter a name and use a current email address and a password. When entering a name, you may not select the name of another person with the intent to impersonate that person; a name that violates any trademark rights, copyright or other proprietary right; or a name that is vulgar, offensive, defamatory, obscene, hatefully or otherwise objectionable. If APEA finds such a name or email address to be offensive or improper, APEA will be entitled, in its sole and absolute discretion, to change the name and/or terminate your use of the Service. Any passwords used for this Website and/or Services are for your individual use only. You may not share or distribute to a third party any login name or password used for accessing Services. APEA reserves the right to monitor any account for multiple logins. In the event that APEA believes at its sole discretion that an account is being used by multiple users at the same time, APEA reserves the right to terminate that account without any notice or refund. You will be responsible for the security and confidentiality of your password and should not disclose your account details to anyone else. APEA will not be liable for any loss that you may incur as a result of someone else using your password or account, with or without your knowledge. However, you could be held liable for losses incurred by APEA or another party due to someone else using your account or password. APEA will be entitled to monitor your password and, at its discretion, require you to change it. In the event that you become aware of or reasonably suspect any breach of security, you must immediately notify APEA. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS APEA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY APEA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER APEA OR LAW ENFORCEMENT AUTHORITIES.
You agree to pay APEA for any and all charges or fees for Services in accordance with terms specified in your invoice or otherwise in effect at the time of purchase. You will pay any applicable taxes, if any, relating to any such transactions. APEA, in its sole discretion and at any time, may modify pricing, fees, or any payment terms for any Services without notice. You may be asked to supply certain information relevant to your purchase including, but not limited to: credit/debit card number, expiration date, CVV code, payee name, email address and billing address (“Billing Information”). You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any transaction; and that (ii) the information you supply to APEA is true, correct and complete. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to, error in your order, fraud or an unauthorized or illegal transaction is suspected, or other reasons. This information is not stored in any APEA database.
D. REFUND POLICY
Unless otherwise provided for under terms of this Agreement, or at the sole discretion of APEA, all fees are NON-REFUNDABLE and NON-TRANSFERABLE. For physical products eligible for return, a refund less shipping cost will be issued for the cost of all physical products received back by APEA in brand new condition within 30 days from the shipping date. If product is sent to customer with shrink wrap, the original shrink wrap must be intact to be eligible for refund. APEA does not pay return shipping. APEA reserves the right to change this policy at any time without notice. Some physical products are not eligible for return. These include but are not limited to: MP3 Players, Amelie's Antibiotic Cards, Pediatric Antibiotic Guide, Pharm in a Flash!, Building Blocks Flash Cards, Building Blocks Guide to Growth & Development, Guide to Billing & Coding in the Outpatient Setting, Topical Steroid Prescribing Guide, and Tool to Identify Myocardial Infarction. For online and app products, no refunds or credits will be granted, including for any unused content or partially unused period of time during the Subscription Term. You may cancel your subscription at any time however you will not be entitled to receive a refund or credit. If in its sole discretion, APEA issues a refund or credit, APEA is under no obligation to issue the same or similar refund in the future.
2. INTELLECTUAL PROPERTY
You agree that the material and entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) accessible from this Website and/or use of Services, and any other web site owned, operated, licensed, or otherwise controlled by APEA (the “Property”) is the proprietary information of APEA, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You agree that APEA is the sole owner of all right, title, and interest in APEA Property, in all derivative works, and in APEA’s patents, trademarks, copyrights, service marks, logos, or other intellectual properties, all of which are retained by APEA. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Property. Neither title nor intellectual property rights are transferred to you by access to this Website and/or use of Services. Modification or use of the Property, except as expressly provided in this Agreement, violates APEA’s intellectual property rights.
You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to this Website or Property, except as expressly permitted under this Agreement.
A. LIMITED LICENSE
You may access and view the content on this Website and Services on your computer, mobile device, or other internet compatible device. To the extent you need to download documentation to use or during the use of the Services, we grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use the products or services. This Website and Services are only for your personal, non-commercial use. We reserve the right to change or make corrections to the operation of, or any information available on, this Website at any time and without prior notice. For our mobile application, we grant you a nonexclusive, non-transferable, worldwide, and perpetual license to perform, display, and use the mobile application for your personal, non-commercial use only.
B. LIMITED LICENSE TO INSTRUCTORS ASSOCIATED WITH AN INSTITUTIONAL SUBSCRIPTION
Subject to your compliance with this Agreement and Policies, APEA hereby further grants to an instructor associated with an Institutional Subscription (“Instructor”) a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable and non-commercial copyright license to works of APEA Content in the form of exams, quizzes, question sets, and assessments (the “Exams”), and for Instructor to distribute the Exams through APEA’s secure platforms, including Online Testing Center, CE Center, MyQBank, and any other APEA platforms, to its students (“Students” or “Student”) subject to the terms of your subscription to APEA services. This limited license is for the purpose of allowing university students to complete exams, tests, and videos on APEA’s secure online platform (the “Purpose”). Instructor will obtain all other necessary rights, licenses, and permissions to use the Exams for the Purpose. Use of the APEA Content for any purpose other than the Purpose is strictly prohibited. Instructor may not, during or after the Term, license, sublicense, or authorize third parties to use the APEA Content or Exams.
C. TERM OF LIMITED LICENSES
APEA reserves the right to terminate any and all licenses or to change or modify any terms of any and all licenses, at any time in its sole discretion. We may restrict, suspend or terminate your access to this Website and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability. All licenses granted to you under this Agreement shall automatically terminate upon termination or expiration of your Subscription Term. APEA reserves all rights of every kind and nature except those specifically granted to you.
D. AUDIT COMPLIANCE WITH LICENSE TERMS
APEA may, at its election and with reasonable notice, audit your use of APEA Content and copyrighted materials to ensure compliance with this Agreement. You (and if an Instructor, on behalf of itself and its Students) agree to provide access to relevant records and to cooperate with any such review or inquiry.
E. USER SUBMISSIONS
4. USER OBLIGATIONS
As a condition of your use of this Website and/or Services, you warrant to APEA that you will use this Website, Services, or APEA Content, only for purposes that are lawful and permitted by this Agreement or Policies.
This is a non-exhaustive list of obligations that you – not APEA – are solely responsible for:
- Promptly updating all information to keep your account information current, complete and accurate (such as name, email address, billing address, etc.).
- Ensuring that your computer or mobile device is appropriately used and safeguarded.
- Notifying APEA immediately in the event that your computer or mobile device is lost or stolen, so that we may disable access to the account. Any violations of this Agreement or Polices by a third party accessing your account will be treated as if you performed those violations, and you will be fully liable for any damages directly or indirectly resulting from those violations.
- Determining whether any material you post, upload to, transmit, distribute, store, create or otherwise publish is subject to a third party’s proprietary rights. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
- Obtaining access to the Internet and providing all equipment and software necessary to make such connection to the Internet – including a computer or other device.
- Payment of any data charges, overage fees, or any other miscellaneous fees or costs that result, directly or indirectly, from use of the software on your devices, including in the event of software malfunction.
- Using an APEA recommended system requirements including the version of an operating system, Internet browser, and any other required software or compatible device to access Services.
- Obtaining and paying fees related to any additional software, subscription, connectivity services or equipment necessary to access the Services, including but not limited to payment of all associated third-party fees.
- Any damages to your devices, operating systems, and/or any data loss resulting from the direct or indirect installation or use of any software or mobile applications. No refunds or cancellation will be honored due to your inability to install and/or use the provided software on any mobile device (regardless of whether or not the device meets the minimum system requirements).
- Promptly installing any updates to an APEA mobile application in order for the app to continue functioning properly. You may not export any of our mobile applications except in compliance with all applicable laws.
- Sending and receiving, at your cost, electronic communications related to the mobile app, including without limitation, administrative messages, service announcements, diagnostic data reports, and app updates from APEA, your mobile carrier or third-party service providers.
- Implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. APEA does not assume any responsibility or risk for, or costs related to, your use of the Internet. You understand that APEA cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.
5. PROHIBITED USES
You may use this Website and/or Services for purposes expressly permitted by this Website and/or Services. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided to you through this Website and/or Services.
APEA specifically limits your use of this Website and/or Services. By using the Website and/or Services, you agree to the following limits on your use, and you further agree not to assist others to use the Website and/or Services as follows:
- Any commercial distribution, publishing or exploitation of this Website and/or Services, or any content, software, code, data or materials on this Website, is strictly prohibited. Except as expressly permitted by these Terms and Conditions or by law, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on this Website or any materials or content related to our programs even if the materials or content are not accessed through this Website. If you improperly use this Website, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.
- We may investigate and/or terminate your account if you misuse this Website or behave in any way that we regard as inappropriate or unlawful. You agree that, while using this Website and the various products, services and features offered on or through this Website, you will not: (i) impersonate any person or entity, including APEA, or misrepresent your affiliation with any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (ii) insert your own or a third party's advertising, branding or other promotional content into any of this Website's content, materials or services; or (iii) gain or attempt to gain unauthorized access to other computer systems through this Website.
- You agree to not: (i) engage in harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on this Website or for any products, services, or features offered on or through this Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through this Website or the products or services offered on or through this Website, including but not limited to any information residing on any server or database connected to this Website or any products or services offered on or through this Website; (ii) use this Website or the products or services made available on or through this Website in any manner with the intent to interrupt, damage, disable, overburden, or impair this Website or such products or services, including but not limited to sending mass unsolicited messages or "flooding" servers with requests; or (iii) use this Website or this Website's products or services in violation of any applicable law or the legal rights of any third party.
- You agree that you will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, gain unauthorized access to, damage, disrupt, or otherwise alter or interfere with this Website or Services or any server, computer, or database connected to this Website.
- You agree that you will not upload, post, transmit, distribute or otherwise publish through this Website or any product, service, or feature made available on or through this Website, any materials which: (i) restrict or inhibit any other user from using and enjoying this Website or this Website's products or services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, spam, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of your activities, both on and off this Website.
- You agree to not: (i) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Services, or which, as determined by APEA, may harm APEA or users of this Website or expose them to liability; (ii) use Services in any manner that could disable, overburden, damage, or impair Services or interfere with any other party’s use of Services, including their ability to engage in real time activities through them.
- You agree not: (i) to assist others to use the Website and/or Services to reproduce any part of this Website or APEA Content on any bulletin boards, web sites, discussion forums, Internet domains, or online chatrooms; (ii) attempt, in any way, when using a mobile device or mobile application to copy or capture the contents of any test screen (including, but not limited to, via any OEM-provided functionality or third-party applications) unless otherwise provided. APEA reserves the right to disable your account without refund in the event that you attempt and/or copies any APEA copyrighted content.
6. THIRD PARTY PROVIDERS
If you access a Service through a mobile application or other type of third party platform, the applicable end user license agreement for the service through which you downloaded the application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement.
This Website may be hyper-linked to other sites which are not maintained by, or related to, APEA. Hyper-links to such sites are provided as a service to users and are not sponsored by, endorsed by, or affiliated with this Website or APEA. APEA has not reviewed any or all of such sites and is not responsible for the content of those sites. APEA is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user’s own risk, and APEA makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Website. APEA provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by APEA of that site or any association with its operators.
8. DISCLAIMER OF WARRANTIES
Use of this Website and/or Services are for educational purposes only. This Website and/or Services are designed as a study tool and not intended to be all-inclusive and not meant to define the standard of care for the clinical practice of any health care specialty. Also, the Services should not be used to replace the required core content of any school. The materials on this Website are provided for general nurse practitioner education purposes only and are not meant to be applied rigidly and followed in all cases. Use of this information in a particular situation remains the professional responsibility of the practitioner. The information provided in APEA is no substitute for individual patient assessment based upon the healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient. You understand that Predictor Exam Scores, MyQBank scores, any score or assessment, or CareOnPoint content is designed to help you assess relative strengths and weaknesses in different subjects and systems of clinical care. APEA does not guarantee or warrant any level of performance on any and all assessments or examinations of any kind.
APEA disclaims any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, from the use and application of any of the contents of the Services.
YOUR USE OF THIS WEBSITE AND/OR SERVICES IS AT YOUR OWN RISK. SERVICES, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. APEA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. APEA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APEA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND APEA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT APEA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF SERVICES, THIS WEBSITE OR ITS CONTENT. APEA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
9. LIMITATION ON LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL APEA OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THIS WEBSITE, YOUR PROVISION OF INFORMATION VIA THIS WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS WEBSITE. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THIS WEBITE AND/OR SERVICES, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THIS WEBSITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM.
You will release, indemnify, defend, and hold APEA, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against any claim, damages, or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly, or indirectly, from the receipt, enjoyment, ownership, possession, use, misuse, or inability to use this Website and/or Services, information provided by this Website and/or Services, or participation in a contest or a related activity offered through this Website and/or Services, whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation, (i) breach of this Agreement by you, your agents, or affiliates, (ii) any condition caused by events beyond APEA ’s control that may cause this Website and/or Services to be disrupted or corrupted, (iii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your use of this Website and/or Services, and (iv) any printing or typographical errors in or on the Website and/or Services. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website and/or Services.
11. GOVERNING LAW AND FORUM
This agreement is governed by the laws of the State of Louisiana (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement Any suit or legal proceeding must be exclusively brought in the federal or state courts for Lafayette Parish of Louisiana, and Customer submits to this personal jurisdiction and venue.
APEA may revise these Terms & Conditions at any time by updating this posting.