TERMS OF SERVICE AGREEMENT
Last Updated: 11/15/2018
Welcome to WEB WOC, where we provide nursing educational services (the “Services”) at https://webwocnurse.com and https://catalog.webwocnurse.com (the “Site”). The Site is owned and operated by Bryant Rolstad Consultants, LLC, doing business as WEB WOC Nursing Education Program (“WEB WOC”).
This Terms of Service Agreement (the “Agreement”) governs your access to the Site and the Services. In this Agreement the words “you” and “your” refer to the person or entity accessing or using the Site or Services. This Agreement is a legally binding contract between you and WEB WOC, so we encourage you to read carefully.
- Your Access to the Site
You must be at least eighteen (18) years or older to access to the Site or Services.
Subject to the terms and conditions of this Agreement, WEB WOC grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the Site. The permission granted to you shall terminate automatically and immediately if you breach any of the terms or conditions of this Agreement. WEB WOC reserves the right to modify or remove any materials from the Site or the Services at any time without notice. All rights not expressly granted herein, are expressly reserved by WEB WOC.
For some content, WEB WOC may require you to provide additional information or payment. WEB WOC may deny access to you if you decline to provide the requested information or payment. You further agree and represent that any information provided by you is accurate and truthful.
You are responsible for providing, maintaining and ensuring you have the required hardware, software, internet access, electrical and other physical requirements to access the Site, and that all the foregoing is compatible with WEB WOC’s Site and Services.
WEB WOC has the right to revoke your license and access to the Site or Services at any time, without notice, for any reason in its sole discretion including, but not limited to, if in WEB WOC’s opinion you have violated the Agreement, failed to make a required payment, or have provided false or misleading information to WEB WOC.
You acknowledge and agree that at times the Site or Services may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which WEB WOC may undertake from time to time without notice to you; or (iii) causes which are beyond the control of WEB WOC or which are not reasonably foreseeable.
- Prohibited Uses
You shall not make any commercial use of the Site, the Services, or any associated content. The Services are intended for your personal use only, and only for one individual’s use. The Services, including all educational content of whatever form, may not be accessed by or shared with multiple individuals under the same account unless agreed to in writing by WEB WOC. You further agree not to copy any content for the benefit of any third-party or use any data mining, robots, or similar data gathering tools. The Site and Services, or any portion thereof, may not be reproduced, copied, displayed, sold, visited, or exploited for any commercial purpose.
You shall not modify or download (other than page caching) any portion of the Site or content from the Services unless you have obtained written authorization in advance from WEB WOC. You agree not to copy, modify, create derivative works, rent access to, or sell any content from the Site or content associated with the Services.
You agree to use the Site and Services only for lawful purposes, and you agree that you will not violate any local, state, or federal law in the course of your use. You will not upload, store, or transmit any content or data that infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret, right of publicity, or any other rights of a third-party. You will not engage in any activity deemed by WEB WOC, in its sole discretion, to be in conflict with the spirit or intent of this Agreement.
- Account Security Responsibility
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures (your “Credentials”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account and Credentials are personal to you, and further agree not to provide any other person with access to the Site or portions of it.
You agree to notify us immediately of any unauthorized access to or use of your Credentials or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Credentials or other personal information. You agree and acknowledge that WEB WOC has the right to disable any user name, password, credentials file, or other identifier, whether chosen by you or provided by WEB WOC, at any time and for any reason.
- Additional Terms Specific to Services
Your payment information for any purchases you make through the Site will be processed and stored through a third-party payment processor. You are responsible for paying any and all fees associated with your use of the Site and Services. Please refer to the Site for pricing information. You acknowledge that WEB WOC may change its fee structure at any time. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law.
You may cancel your account at any time by sending a request to cancel and disable your account to email@example.com.
This Agreement does not entitle you to any guaranteed level, availability, or turnaround time of support services for the Services or the Site.
- Your Information and Data
WEB WOC only uses your information as described in the Privacy Statement. We understand the importance of protecting your personal information, but if you object to your information being transferred or used as described in the Privacy Statement, you may not use the Site or Services.
- Intellectual Property
Certain trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Site and/or as part of the Services are owned by WEB WOC. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed on the Site without the express written permission of WEB WOC.
All content contained on the Site and provided in association with this Agreement, including, but not limited to, images/video, graphics, sounds/audio, data, and any and all other copyright-protected work associated with the Site or the Services (“Copyrighted Works”) are exclusively owned by WEB WOC and are protected by U.S. and international laws. You agree that you will not directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Copyrighted Works without the prior express written permission of WEB WOC.
Except for the limited license identified in Section 1, you acknowledge that nothing contained in this Agreement shall be construed as granting or conferring, by implication, estoppel or otherwise, any right, title, or interest to any trademark, copyright protected work, or other intellectual property.
- Reliance on Information Posted
The information presented on or through the Site or Services is made available solely for general information purposes. WEB WOC does not warrant the accuracy, completeness or usefulness of this information for any particular use, including but not limited to the provision of healthcare services or exam preparation. Any reliance you place on such information is strictly at your own risk. WEB WOC disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of their contents.
The Site may include content provided by third-parties or links to third-party websites. All statements and/or opinions expressed in these materials, other than the content provided by WEB WOC, are solely the opinions and the responsibility of the person or entity providing those materials. WEB WOC is not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties. If you utilize links to other websites, such sites likely have their own terms of service and Privacy Statement, which may be different from those of WEB WOC. You acknowledge and agree that WEB WOC is not responsible for the content presented by third-parties.
- Disclaimer of Warranties
WEB WOC tries to keep the Site and Services up, error-free, and safe, but cannot guarantee that the Site and/or the Services will be secure or that access to or use of the Site and the Services will be uninterrupted or free of errors or omissions. WEB WOC uses reasonable care and skill in providing the Site and the Services, but beyond that, the Site and the Services are provided without any warranties of any kind.
WEB WOC AND ITS AGENTS, OFFICERS, EMPLOYEES, SUCCESSORS, AND AFFILIATES PROVIDE THE SITE AND SERVICES “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND WEB WOC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. WEB WOC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE SERVICES WILL MEET YOUR PARTICULAR NEEDS, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SITE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WEB WOC OR A WEB WOC-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.
- Limitation of Liability
IN NO EVENT WILL WEB WOC, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT WEB WOC HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL WEB WOC BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU TO WEB WOC UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM.
You agree to indemnify, hold harmless and defend WEB WOC, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) use of the Site or Services by you or anyone using your account or Credentials; (ii) breach of this Agreement by you or anyone using your account or Credentials; (iii) any information used, stored, or transmitted in connection with your account or Credentials; or (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by you or anyone using your account or your Credentials.
- Monitoring; Enforcement; Termination
You acknowledge that WEB WOC has the right to (i) monitor your use of the Site and Services to ensure compliance with the Agreement; (ii) take any action with respect to any content or actions that WEB WOC deems inappropriate in its sole discretion; (iii) take appropriate legal action, including without limitation, referral to law enforcement or disclosure of your identity, for any illegal or unauthorized actions.
WEB WOC reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove, suspend, or disable access to all or any portion of the Site and/or Services. Sections 2, 4, 6, and 8–12 shall survive termination of this Agreement for any reason whatsoever.
- Governing Law; Mandatory Binding Arbitration.
This Agreement shall be governed by Minnesota law except for its conflicts of laws principles. You agree to resolve any disputes or claims arising out of or related to this Agreement, the Site, or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provision” section, including its enforceability, revocability, or validity. Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site or Services, or violation of any intellectual property. Such proceedings shall be brought in the federal or state courts in Hennepin County, in the State of Minnesota and you hereby irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the city of Minneapolis and County of Hennepin, Minnesota in any legal suit, action, or proceeding arising out of or related to this Agreement.
This provision shall not apply to consumers in countries that require agreements to be governed by the local laws of the consumer’s country.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
Feedback, comments, requests for technical support and other communications relating to the Site or Services should be directed to firstname.lastname@example.org.