Last Updated 8-19-2016
1. Registering as a User
Some of what is on the Site is viewable without registering, but to use or view the software or services (the “Services”) offered by Providers through or from the Site, you must register as a user (a “User”) of the Services. If you are not registered with us as a User, please click here http://courses.shipsafeshipsmart.com/login/signup.php? to register and become eligible to use the Services.
When you register on the Site, you will be asked to provide your name, email address and other information that we request, all of which will become part of your Profile, and which you can add to or change from time to time. You will also be asked to select a user name and password which will serve to identify you each time you visit the Site and allow you to access your account and the Services.
2. Using the Services
Except as Providers otherwise agrees, the Site and the Services are intended for your personal use in accordance with these TOU. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without Providers’ prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose and as is expressly permitted by Providers or the Site.
You are responsible for all use of the Site and for all use of your user name, password and any other information you provide to Providers that relate to your access to the Site or your Profile (“Credentials”), including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if you become aware that your password has been hacked, stolen or known to others. Except as Providers otherwise agrees, you may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services.
You shall not (i) permit any additional party to access the Services, (ii) create derivative works based on the Services, (iii) copy, frame or mirror any part or content of the Services, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services. You will not share the content at the Site or the Services with any other party. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog,
download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by Providers. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
3. Changing the Services
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these TOU. You agree that Providers will not be liable to you or any third party for any suspension or discontinuation of any of the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or Services or restrict your access to part or the entire Site or Services without notice or penalty. Without limiting the foregoing, we reserve the right to impose without notice limits on any one individual’s use of the Site based on our determination of the amount of use that is reasonable for an individual and not to allow use beyond any such limits. You agree that we are entitled to so limit your use. Lastly, Providers reserves the right to suspend any user or account from accessing the Services for any reason at Providers’ sole discretion.
4. User Content
If you submit any content to us through the Site, regardless of the form or medium, other than the information in your Profile, payment and other information you provide to us to register or subscribe for Services, any test score reports you provide us to help us improve our services to future medical professionals and information we collect about your use of the Services (collectively, "non-performance user content"), you grant Providers a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, license to use, publish, publicly display and sublicense that non-performance user content, in whole or in part, in original form or as edited or modified by us, in all languages, forms and media, on the Site and elsewhere, unless otherwise agreed to in writing.
You agree not to post or transmit any information through the Site which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the Site or your non-performance user content.
The Site may contain links to other websites. These links are provided for informational purposes and/or convenience only, and Providers does not endorse and assumes no responsibility or liability for your use of links provided on the Providers or liable for the content or accuracy of these other sites. Your use of the websites of other parties is at your own risk and subject to the terms and conditions of use for those sites.
6. Disclaimers and Limitations of Liability
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, OR REGARDING AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR REGARDING RESULTS OR PERFORMANCE THAT WILL BE ACHIEVED BY USERS OR SCHOOLS OR AS A RESULT OF USE OF ANY OR ALL OF THE SERVICES, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT
DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ OR SCHOOLS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY USER SUBMISSION; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
IN NO EVENT SHALL PROVIDERS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR 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 CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL 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 THE SITE.
7. Additional Terms
8. Proprietary Rights
The Site and all material, published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by Providers or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. Providers own a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site.
All trademarks and service marks appearing on the Site ("Marks") are trademarks of their respective owners, including Providers and its partners. Unless otherwise indicated, all trademarks and service marks found on the Site are trademarks of Providers. Users are prohibited from using any Marks without the written permission of Providers or any third party that may own the Marks.
Content on the Site and Services provided through the Site are provided AS IS and except as otherwise expressly agreed by Providers they are for your information and personal use only. You may not publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content or information you receive as part of the Services, in whole or in part, without Providers’ prior written consent. You may download content for your personal, non-commercial use only as provided in these TOU, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in any copyright notice contained in the content.
9. Choice of Law
claim or cause of action by you arising out of or related to use of the Site or Services or these TOU must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Every provision of these TOU is intended to be severable. In the event a court or agency of competent jurisdiction determines that any term or provision contained in these TOU is illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the other provisions of these TOU, which shall continue in full force and effect.
11. Notice of Copyright Infringement Claim
Providers has instituted procedures for receiving written notice of alleged copyright infringement pursuant to the digital Millennium Copyright Act (17 U.S.C. § 512). If you are a copyright owner or the agent thereof and believe any information on the Site infringes your copyright, please send written notice to the agent listed below with the following information: (i) a signature of a person authorized to act on the copyright owner’s behalf, (ii) identification of the copyrighted work, (iii) identification of the materials that is claimed to be infringed, (iv) your contact information, (v) a statement that you have good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send notification to:
1000 FedEx Drive
Moon Township, PA 15108
Attn.: Legal Department, Managing Director Business Transactions
12. Entire Agreement
These TOU and documents referenced or incorporated into these TOU contain the entire agreement and understanding of the parties. No other representations, covenants, undertakings, or other prior or contemporaneous agreements, oral or written, respecting such matters, which are not specifically incorporated herein, shall be deemed to exist or bind the parties hereto.
In this policy we cover:
What personally identifiable information is collected from you through the Site, how it is used and with whom it may be shared.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in information you provide to us.
Information We Collect
In connection with your registering as a User of our Services, we collect and store some or all of the following information that you voluntarily provide us that identifies you as a specific individual (“Personal Information”): full name, home address, email address, telephone number and other similar background information and payment information.
In addition, when you access content on the Site or use the Services, we collect or produce other information that may be identified with or otherwise linked to your name and as a result also constitutes Personal Information, including, but not limited to, information about the practice test questions you complete, your performance on practice tests, your progress toward completion of assignments and improvements in your results, as well any test score reports you voluntarily provide us to help us improve our services to future medical professionals (“Performance Data”). Personal Information does not include anonymized aggregate or statistical information from which your identity cannot be reconstituted.
We will treat your Performance Data, when identified with your name or other information that links the Performance Data directly to you, as private and confidential although we may use that Performance Data to provide, maintain, protect and improve our Services to you and for our internal purposes, such as improving our Services or developing new Services.
When you visit any page on the Site, we may use a program that monitors and evaluates the Site’s traffic. It automatically records every visitor's host, domain name, pages visited, length of user session, browser type and/or IP address. This information does not contain Personal Information. We use this information to find out how many people visit the Site to determine the areas of greatest interest on the Site and Services, and to make improvements to the Site and our Services. We are the sole owners of the information collected on the Site.
As with many other sites, the Site may use "cookies" or other technologies to help us to process your requests or use of our Services and/or to analyze your visiting patterns and use of our Services. The types of information that we may collect includes the domain from which you access the Internet; IP address; operating system and information about the device or browser used when visiting a Site; date and time of your visit; content you visited, downloaded or utilized; and website (such as google.com or bing.com) and website referral source (email notice or social media site) that connected you to the website].
There are two types of cookies: single-session (temporary) and multi-session (persistent). Temporary cookies last only as long as your Web browser is open, and are used for technical purposes such as enabling better navigation through our site. Once you close your browser, the cookie disappears. Persistent cookies are stored on your computer for longer periods and are used for purposes including tracking the number of unique visitors to our site and information such as the number of views a page gets, how much time a user spends on a page, and other pertinent web statistics.
We may also collect data by using "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "pixel tags") that allow us to know when you visit the Site. Through pixel tags, we obtain nonpersonal information or aggregate information (i.e., your IP address, the areas of the Site you visit, your operating system, your browser
version and the URL you came from) which can be used to enhance your online experience and understand traffic patterns.
How We Use Your Personal Information
We use your Personal Information to:
complete any registration, purchases or other transactions you request online;
provide you with Services;
improve the Site;
improve our Services, and identify, develop and offer new or expanded Services;
personalize your experience on the Site, and customize the content and/or format of the pages you visit and the Services you receive;
notify you about updates, Services and/or special offers from Providers and its affiliates; and
generate aggregate statistical studies and conduct research related to our Services and the use of the Site
Disclosure of Your Personal Information
We will not sell or rent your Personal Information to anyone. As described above, to the extent you are a Supported User we may disclose your Personal Information to your School.
We may also disclose Personal Information collected on the Site, in accordance with applicable law, to assert or defend our rights and property, to prevent harm to others, to collect a debt, or in response to legal processes such as subpoenas. In addition, we may provide (and reserve the right to provide) Personal Information to credit reporting agencies and to cooperate with law enforcement authorities or other governmental authorities consistent with applicable laws. In the event of a sale of some or all of our business, we may disclose your Personal Information to a purchaser that agrees to abide by the terms and conditions of this Policy.
Because nonpersonal information does not personally identify you, we may use or disclose such information for any purpose. In some instances, we may combine nonpersonal information with Personal Information (such as embedding email addresses in cookies). If we do combine any nonpersonal information with Personal Information, the combined information will be treated by us as Personal Information in accordance with this Policy.
Providers have established safeguards to help prevent unauthorized access to or misuse of your Personal Information, but cannot guarantee that your Personal Information will never be disclosed in a manner inconsistent with this Policy (for example, as a result of unauthorized acts by third parties that violate applicable law or relevant web policies).
If you register to use our Services, you will be asked to select a password to help protect your information. These passwords help us verify your identity before granting access or allowing you to make corrections to any of your Personal Information. You should never disclose your password to anyone. Providers will never ask you for your password in an unsolicited phone call or email. You are responsible for maintaining the secrecy of your passwords and any account information.
Providers reserve the right to update or change this Policy at any time by posting the most current version of this Policy on the Site. Please check the Site from time to time to review any such changes. Your continued use of the Site or any Services, after we post any changes to this Policy signifies your agreement to any such changes. If you
do not agree to this Policy, as amended, you must discontinue using the Site and all Services and terminate your registration with Providers.
Governing Law and Jurisdiction
The interpretation and enforcement of this Policy shall be governed by the laws of the Commonwealth of Pennsylvania, without reference to any conflict of law principles. You consent to the personal and exclusive jurisdiction of the federal and state courts of Allegheny County, Pennsylvania to resolve any dispute arising out of this Policy.
If you have any questions or concerns about the Site, this Policy or our security policies and practices, you may contact us by:
Mail: FedEx Ground
1000 FedEx Drive
Moon Township, PA 15108
Attn.: Safety Department Managing Director