FOR WESTERNU’S ONLINE SUBSCRIPTION PRODUCTS
Product which this End-User License Agreement applies to:
- WesternU Podiatric Course
IMPORTANT! The online subscription product you seek to access from WesternU’s website is licensed only on the conditions that you agree to the terms of this End-User License Agreement set forth below. PLEASE READ THE TERMS OF THIS END-USER LICENSE AGREEMENT CAREFULLY.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON THE BOX ON THIS PAGE LABELED “I ACCEPT,” AT WHICH TIME YOU WILL BE GRANTED ACCESS TO AND USE OF THE ONLINE SUBSCRIPTION PRODUCT(S) YOU HAVE REGISTERED FOR.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON THE BOX ON THIS PAGE
LABELED “I DO NOT ACCEPT,” WHICH WILL RETURN YOU TO THE PREVIOUS WEB PAGE WITHOUT GRANTING
YOU ACCESS TO AND USE OF THE ONLINE SUBSCRIPTION PRODUCT(S) YOU HAVE REGISTERED FOR.
TERMS AND CONDITIONS
1. USER ACCOUNT TERMS. The user will not share their WesternU personal account password with anyone; only one unique person will use each personal WesternU account. Also please be aware that by sharing unique login information users increase the risk that their usage history and payment method may be disclosed to unauthorized persons;
User accounts that gain access to WesternU products via an employment or other formal relationship with an organization will have access to those products at the discretion of the parent organization under the terms of parent organization’s subscription agreement with WesternU;
The parent organization certifies that only employees or individuals with a formal relationship to the parent organization will be authorized access to WesternU’s online products.
2. LICENSE AND PERMITTED USE
A. WesternU grants to you a limited, non-transferable, non-exclusive, non-sublicenseable and revocable license only during your subscription term to:
- Access the Podiatric Course through the applicable interfaces with browser Software and via the Internet; and
- Display portions of the Podiatric Course on an ad hoc basis solely for internal online education, academic, educational, or research purposes, subject to the limitations in this Terms, which shall include reasonable use, rather than excessive use.
B. Except to the extent expressly permitted under these Terms, you agree as a condition of the license that
you must not:
- Use the Product in (i) violation of any applicable law or regulation (including, where applicable, COPPA and FISMA), or in connection with unlawful material (such as material that violates any obscenity, defamation, harassment, privacy, publicity or intellectual property laws); or (ii) a manner that would cause a material risk to the security or operations of WesternU or any of its constituents, or to the continued normal operation of other Product users.
- Copy, use, distribute, republish, download, display, transmit, sell, rent, lease, host, or sub-license the Product;
- Offer, use, or permit the use of the Product in a computer service business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as part of a hosted service, or on behalf of any third-party;
- Attempt to interact with the operating system underlying the Product, or modify, create derivative works of, adapt, translate, reverse engineer (including monitoring or accessing the inputs and output flowing through a system or an application), decompile, or otherwise attempt to discover within any Product technology, the source code, data representations, or underlying algorithms, processes and methods (this restriction will not apply to the extent it limits any non-waivable right Licensee may enjoy under applicable law);
- Remove, obscure, or alter any proprietary notices associated with the Product (including any notices in Reports)(as used herein, “Reports’ refers to “any graphical or numerical display of Licensee data that contains WesternU’s proprietary design, look and feel, and is generated by the Product”);
- Use any components, modules, or other services that may be delivered with the Product, but which are not licensed to Licensee and identified in the applicable Order Form;
- Decouple any components of the Product for use on different computers as the Product is designed and provided to Licensee for use as a single product; or
- Share its login IDs and passwords, or allow use of the same login ID simultaneously by two or more users, and Licensee is responsible for unauthorized access to its login IDs and passwords.
C. Third-Party Providers. You are responsible for complying with any applicable terms and conditions of any third-party data, products, services, and platforms used by you in conjunction with the Product.
3. YOUR REPRESENTATIONS AND WARRANTIES.
You represent, warrant, and covenant that:
A. You will use the Product in accordance with the Terms and Conditions.
B. You shall at all times comply with all applicable laws, rules, and regulations with respect to your use of the Product.
C. You shall not use the Product to infringe, misappropriate, or violate the rights of WesternU or third parties.
D. You shall not knowingly or otherwise introduce to or through the Product any viruses or other items of a destructive nature.
4. DISCLAIMER OF WARRANTIES.
A. To the maximum extent permitted by law, you acknowledge that the Product is provided by WesternU on a “As-Is” basis, and WesternU specifically disclaims and makes no other representations or warranties of any kind, express, implied, or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, title, non-infringement, or accuracy.
You acknowledge that (a) neither WesternU, its affiliates nor its third-party providers controls your equipment or the transfer of data over communications facilities (including the Internet); (b) the Product may be subject to limitations, interruptions, delays, cancellations, and other problems inherent in the use of the communications facilities (including search engines and social media channels); and (c) it is fully responsible to install appropriate security updates and patches. WesternU, its affiliates, and its third-party providers are not responsible for any interruptions, delays, cancellations, delivery failures, data loss, content corruption, packet loss, or other damage resulting from these problems.
B. The Product is distributed for educational purposes subject to your understanding that WesternU does not render any health, medical, allied health, insurance, or other professional advice or services.
Health professionals using the Product in connection with client or personal health matters should also obtain independent review by qualified experts. The content available through the Product is not intended to describe the standard of care for health professionals in any community, but rather to be of assistance to practitioners in providing high quality service to their clients and in protecting their own interests. Nothing in the Product shall be construed as medical advice.
5. LIMITATIONS ON LIABILITY.
A. USE OF THE PRODUCT IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE PRODUCT OBTAINED BY MEANS OF WESTERNU WEBSITES. WESTERNU
AND ITS AFFILIATES, AGENTS, LICENSORS, AND ANY TELECOMMUNICATIONS OR NETWORK SERVICES FOR
WESTERNU SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE;
DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR FOR ANY ATTORNEY FEES.
B. WesternU’s website may include facts, views, opinions, and recommendations of third parties deemed to be of interest. WesternU does not guarantee the accuracy, reliability, completeness, or timeliness of, or otherwise endorse these views, opinions, or recommendations. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your own risk.
6. TERM AND TERMINATION. Your access right to the Product will continue unless WesternU terminates it or you notify WesternU of your decision to terminate your subscription.
7. WESTERNU TRADEMARKS. You shall not use or refer to any trademarks, service marks, logos, or other identifiers of WesternU, or properties owned, controlled, licensed, or otherwise proprietary to WesternU, without the prior written consent of WesternU. Any such permitted use of any trademarks, service marks, logos, or other identifiers shall inure to the benefit of WesternU.
8. ASSIGNMENT. You shall not assign your rights, duties, or obligations under these Terms to any person or entity, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, operation of law, or otherwise, without the prior written consent of WesternU, and any attempt to do so shall be deemed null and void, and of no effect.
9. GOVERNING LAW; VENUE. These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California. Any controversies or claims arising out of or relating in any way to these Terms or a breach thereof, shall be adjudicated by a competent jurisdiction seated in the County of Los Angeles, California. You consent to the jurisdiction of the courts seated in the County of Los Angeles, California, and hereby waive any claim of lack of jurisdiction.
10. ATTORNEYS’ FEES. If any legal action is brought by either party regarding these Terms, the prevailing party shall be entitled to recover, in addition to any other relief available under applicable law, reasonable attorneys’ fees and costs, incurred in the action or proceeding. Attorneys’ fees and costs will include paralegal fees, expert witness fees, copy and delivery costs.
11. ENTIRE AGREEMENT. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter of the Terms and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.
12. SEVERABILITY. If any of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such provision in any other jurisdiction.
13. CONTACT WESTERNU. If you have questions regarding this End User License Agreement or if you are interested in obtaining more information concerning Western University of Health Sciences’s College of Podiatric Medicine (“CPM”) and its products or services or permission to use any WesternU CPM content, please contact WesternU at:
Western University of Health Sciences
309 East Second Street, Pomona, California 91766
ATTN: Jonathan Labovitz, DPM, FACFAS, CHCQM
Dean and Professor of the College of Podiatric Medicine
E-mail: CPMcme@westernu.edu