Updated: Oct 12, 2023
By selecting "I ACCEPT" when registering or if you use the Service, you agree to be bound by this Agreement. The term "use" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with THEN YOU WILL NOT HAVE ANY LICENSE TO ANY TEACHMEHIPAA COURSES. TEACHMEHIPAA'S ACCEPTANCE or arising from the Service.
IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY OF ITS TERMS, IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS OF THIS AGREEMENT; IF THESE TERMS ARE CONSIDERED AN OFFER BY TEACHMEHIPAA, THEN ACCEPTANCE IS LIMITED TO THESE TERMS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TEACHMEHIPAA.
If You are accepting this Agreement on behalf of a company, organization, government, or other legal entity, You represent and warrant that (i) You are authorized to do so, and (ii) the entity agrees to be legally bound by this Agreement.
The TeachMeHIPAA Courses and website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the TeachMeHIPAA Courses and website are not intended to be used by individuals under the age of 18. If You do not qualify, please do not enroll in any TeachMeHIPAA Courses. TeachMeHIPAA does not discriminate or restrict access to its Courses based on race, sex, religion, ethnic origin, or disability.
LICENSE. Subject to the terms and conditions of this Agreement, TeachMeHIPAA grants You, subject to TeachMeHIPAA's receipt of all appropriate license fees, a personal, restricted, time-limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the TeachMeHIPAA Courses purchased by You solely Your personal or internal business purposes and solely from the LMS (the "License").
The License granted hereunder is personal to You. You may not transfer any of the rights granted to You under this Agreement, nor may You permit third parties, including but not limited to Your subsidiaries and affiliates, to benefit from the use or functionality of the TeachMeHIPAA Courses. Any attempt by You to transfer any of the rights, duties or obligations hereunder is void and will be deemed a breach of this Agreement. The TeachMeHIPAA Courses are licensed as a single product; they may not be shared or used by multiple users. A TeachMeHIPAA Course may not be assigned to another person once You have enrolled in a TeachMeHIPAA Course. Libraries and bundles of TeachMeHIPAA Courses are available for a single user only and may not be separated or used by multiple users unless authorized by TeachMeHIPAA.
You may not directly or indirectly through a third party, nor authorize any third party to, do any of the following: (i) use, copy, print, modify, adapt, create derivative works of, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, distribute, publicly perform, publicly display, or otherwise grant rights to the TeachMeHIPAA Courses, or any copy thereof, in whole or in part, except as expressly provided in this Agreement; (ii) reverse engineer, disassemble, decompile, or translate the TeachMeHIPAA Courses, or otherwise attempt to derive the source code, structural framework or the data records of the TeachMeHIPAA Courses; (iii) loan or resell the TeachMeHIPAA Courses, or any part thereof in any way including, but not limited to, making the TeachMeHIPAA Courses available to any other person, including using on a service bureau or time sharing basis, via shared access to a computer network or access information, which may include the log-in name and password or other authentication data for the TeachMeHIPAA Courses; (iv) remove any proprietary notices or labels from the TeachMeHIPAA Courses; or (v) make copies of the TeachMeHIPAA Courses, copy any printed materials or documentation accompanying the TeachMeHIPAA Courses or give copies to another person, or duplicate the TeachMeHIPAA Courses by any other means, including electronic transmission, except as specifically set forth herein. You may print one copy of an e-kit (student materials provided electronically) solely in accordance with the instructions provided to You regarding the specific e-kit transmitted to You. IN NO EVENT ARE YOU AUTHORIZED TO DOWNLOAD ANY TeachMeHIPAA COURSES ONTO YOUR COMPUTERS, SERVERS, OR OTHER DEVICES. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE TeachMeHIPAA COURSES TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
You may not directly or indirectly through a third party, nor authorize any third party to, do any of the following: (i) copy the LMS or any part thereof; (ii) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code from the LMS; (iii) write or develop any derivative or other software programs based, in whole or in part, upon the LMS; (iv) interfere with or disrupt the integrity or performance of the LMS or any data contained therein; (v) attempt to gain unauthorized access to the LMS or its related data, systems or networks; (vi) publish or disclose to third parties any evaluation of the LMS without TeachMeHIPAA's prior written consent; and/or (vii) perform vulnerability, load or any other test of the LMS without TeachMeHIPAA's prior written consent.
OWNERSHIP. The TeachMeHIPAA Courses (including but not limited to all copyrights, patents, patent applications, trade secret rights, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other media incorporated into the TeachMeHIPAA Courses) and the LMS are the property of TeachMeHIPAA or its licensors and suppliers and are protected by U.S. and international copyright and other intellectual property laws and treaties. The TeachMeHIPAA Courses are licensed, not sold, to You for use only under the terms of this Agreement, and TeachMeHIPAA reserves all rights not expressly granted to You. TeachMeHIPAA.com, the TeachMeHIPAA Course names, and the TeachMeHIPAA logo referenced in the TeachMeHIPAA Courses are either trademarks or registered trademarks of TeachMeHIPAA. Other product and company names mentioned in the TeachMeHIPAA Courses are the trademarks of their respective owners. For clarification, You will have no ownership or other right, title or interest in and to the TeachMeHIPAA Courses, including but not limited to any copyright and trademark rights, except as for the limited License to the TeachMeHIPAA Courses purchased by You. You will indemnify TeachMeHIPAA for any and all costs, expenses and damages incurred by TeachMeHIPAA as a result of Your infringement of TeachMeHIPAA's and its licensors' intellectual property rights in or to the TeachMeHIPAA Courses.
TERM. Every TeachMeHIPAA Course has an expiration date. Unless indicated otherwise in the TeachMeHIPAA Course, each TeachMeHIPAA Course License will expire sixty days after it is licensed by You. Your License to a TeachMeHIPAA Course commences on the date You licensed the TeachMeHIPAA Course from TeachMeHIPAA (the date of online payment or the invoice date if not purchased online) and will terminate on the sooner to occur of: (i) the date You successfully complete the licensed TeachMeHIPAA Course as evidenced by passing the final exam and/or being eligible for a certificate of completion; or (ii) the date You fail the course as evidenced by failing to achieve the minimum required passing score on the final exam after three (3) attempts; or (iii) the date the TeachMeHIPAA Course License expires. You agree and understand that upon termination of the License, You will no longer be able to use or access the TeachMeHIPAA Course You licensed. Sections 2 ("Restrictions"), 3 ("Ownership"), 8 ("Warranty Disclaimer"), 9 ("Limitation of Liability"), 11 ("Export Law"), 12 ("General") and 14 ("Modifications") will survive termination of the licenses granted under this Agreement.
TERMINATION. This Agreement will terminate with respect to a TeachMeHIPAA Course License immediately without notice to You (i) upon Your License terminating pursuant to Section 4; or (ii) if You breach any term or condition of this Agreement. TeachMeHIPAA reserves the right to modify or terminate any TeachMeHIPAA Course or TeachMeHIPAA services and/or product offerings at any time without notice to You. You may terminate a TeachMeHIPAA Course License at any time by notifying TeachMeHIPAA in writing. Upon receipt of notice of termination, the TeachMeHIPAA Course License will terminate, and You will no longer be able to use or access such TeachMeHIPAA Course. Further, in the event of a termination or expiration of any agreement between TeachMeHIPAA and a third-party supplier of a TeachMeHIPAA Course, Your right to access and use such TeachMeHIPAA Course will also terminate.
THIRD PARTY SOURCES. You acknowledge that the TeachMeHIPAA Courses may incorporate information that is proprietary to one or more third party(ies). Such third party(ies) and TeachMeHIPAA suppliers are third party beneficiaries of this Agreement with the authority to enforce those portions of this Agreement that are relevant to the agreements they have with TeachMeHIPAA directly against You.
CONTENT MAINTAINED BY TeachMeHIPAA. You acknowledge and agree that: (i) TeachMeHIPAA may, from time to time, elect to update the TeachMeHIPAA Courses, but TeachMeHIPAA does not warrant or guarantee that any TeachMeHIPAA Courses will be updated, or that any updates will be made available to You, at any time during the term of this Agreement; (ii) TeachMeHIPAA does not assume, and expressly disclaims, any obligation to update and include any information in the TeachMeHIPAA Courses; (iii) TeachMeHIPAA is not advocating the use of any product described in the TeachMeHIPAA Courses (or elsewhere), nor is TeachMeHIPAA responsible for misuse of a product due to typographical or other errors in the TeachMeHIPAA Courses, Your negligence or otherwise; (iv) You agree to seek additional information on any product from the manufacturer; and (v) You will use the content included in the TeachMeHIPAA Courses only as a reference aid, and that such content is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment. In view of the possibility of human error or changes in technology, You should confirm the content in the TeachMeHIPAA Courses through independent sources.
THE TEACHMEHIPAA COURSES ARE PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS." TEACHMEHIPAA AND ITS AFFILIATES, AGENTS, DISTRIBUTORS, SUPPLIERS AND LICENSORS: (i) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE TEACHMEHIPAA COURSES PROVIDED HEREUNDER OR THAT YOUR USE OF THE TEACHMEHIPAA COURSES WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS OR FUNCTION IN ACCORDANCE WITH RELATED DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM, SOFTWARE ENVIRONMENT AND PRODUCT CONFIGURATION; AND (ii) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE TEACHMEHIPAA COURSES IS ENTIRELY AT YOUR OWN RISK, INCLUDING THE RISK FOR SELECTING THE TEACHMEHIPAA COURSES TO ACHIEVE YOUR INTENDED RESULTS AND PERFORMANCE, AND FOR USE OF THE TEACHMEHIPAA COURSES. to the extent warranties cannot be disclaimed or excluded, they are limited to the duration of the minimum warranty period required by law.
JOB PLACEMENT DISCLAIMER. TeachMeHIPAA does not guarantee job placement upon enrollment, use, or completion of any TeachMeHIPAA Course.
LIMITATION OF LIABILITY
U.S. GOVERNMENT END USERS. If You are using or accessing the TeachMeHIPAA Courses and You are a government employee, then note that the TeachMeHIPAA Courses are a "commercial item" as that term is defined at FAR 2.101 (Oct 1995), consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item. Consistent with FAR. 12.212 and DFARS 227.7202 (Jun 1995), all U.S. Government end users acquire the TeachMeHIPAA Courses with only those rights set forth herein. Any use, modification, reproduction, release, performance, display, disclosure, or transfer of the TeachMeHIPAA Courses by the U.S. government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
EXPORT LAW. The TeachMeHIPAA Courses and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Unless specifically authorized in writing by TeachMeHIPAA prior to any access, You agree not to export the TeachMeHIPAA Courses including but not limited to re-exporting the TeachMeHIPAA Courses, or any part thereof, or any process that is the direct product of the TeachMeHIPAA Courses, to any country, person, or entity in violation of U.S. export restrictions. In any case, You will indemnify and hold TeachMeHIPAA harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs, and expenses (including attorneys' fees) arising from or relating to any breach by You of Your obligations under this Section 11. Your obligations under this Section 11 will survive the expiration or termination of this Agreement.
GRIEVANCE PROCEDURE. If You are dissatisfied with the services that TeachMeHIPAA has provided for You, You may direct Your written complaint, grievance, or dispute as follows: Email [email protected] Please provide a detailed explanation of Your issues including contact information where You can be reached. You will be contacted to discuss an agreeable resolution.A different grievance procedure may apply to You if You are using the TeachMeHIPAA Courses subject to a contract between Your organization and TeachMeHIPAA or a TeachMeHIPAA distributor. In that case You should contact the appropriate person within Your organization to inquire about the grievance procedure that applies to You.
MODIFICATIONS. TeachMeHIPAA reserves the right, in its discretion, to change, modify, add to, or remove portions of the terms of this Agreement (collectively, "Changes"), at any time. TeachMeHIPAA will notify You of Changes by sending an email to the address identified in Your account or by posting a revised version of the Agreement incorporating the Changes to TeachMeHIPAA's website. Your continued use of or access to TeachMeHIPAA Courses following notice of the Changes or posting of the Agreement incorporating the Changes on the TeachMeHIPAA website will mean that You accept and agree to the Changes. Such Changes will apply prospectively beginning on the date the Changes are posted to the TeachMeHIPAA website.
REGISTRATION INFORMATION. You agree to provide TeachMeHIPAA with accurate and complete personal information at the time of Your registration. You further agree to immediately notify TeachMeHIPAA in the event of any changes to Your registration information. Failure to notify TeachMeHIPAA of such changes may result in You not receiving Course completion credit. It will also constitute a breach of this Agreement and, as such, TeachMeHIPAA reserves the right to terminate your License. When You register, You will receive a password that TeachMeHIPAA may automatically assign or allow you to select.
ENROLLMENT FEE. The Course enrollment fee will be visible to You on the TeachMeHIPAA website at the time of registration. Upon your payment of the enrollment fee, TeachMeHIPAA will provide you with access to all Course materials through the TeachMeHIPAA Learning Management System. You must complete all coursework within 60 days of Your enrollment unless otherwise specified.
CONDUCT. Cheating may result in fines, suspension, license revocation or other penalties. Cheating is defined as allowing a person other than you, the End User, to complete any part of this course, including, but not limited to, unit quizzes and the final exam. By accepting the terms of this Agreement, you hereby acknowledge that you are the only person who will participate in and complete the Course.
WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO CHANGE OUR SUBSCRIPTION FEES AND BILLING METHODS OR SEPARATE CHARGES FOR INFORMATION, MATERIAL (DEFINED BELOW) OR SERVICES. WE WILL NOTIFY YOU OF ANY CHANGES IN ADVANCE AND IF ANY CHANGES ARE NOT ACCEPTABLE, YOU MAY TERMINATE YOUR SUBSCRIPTION AS DESCRIBED BELOW.
You also may not use, nor allow others to use, your subscription, password or the Service, directly or indirectly, to: