Public Health Learning Navigator Terms of Use
Thank you for using The Public Health Learning Navigator (“Navigator”), located at www.phlearningnavigator.org (the “Site”). The Site is operated by the National Network of Public Health Institutes (“NNPHI”). Throughout these Terms of Use, the terms “we”, “us” and “our” refer to NNPHI. These Terms of Use govern your use of the Site. As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms of Use will apply to such updates. Please read these Terms of Use carefully and contact us (training@nnphi.org) if you have any questions. By using our Services, you agree to be bound by these Terms of Use, as well as our Privacy Policy).
Using the Public Health Learning Navigator
Who May Use our Services
You may use our Services only if you can form a binding contract with us, and only in compliance with these Terms of Use and all applicable laws. When you create your Navigator account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access is restricted only to users 18 and over, and certain learning opportunities may have additional requirements and/or restrictions.
Our License to You
Subject to your compliance with these Terms of Use and our Privacy Policy, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain written permission to otherwise use the content, and provided that you retain NNPHI’s marks and copyright notices on your copy. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
Intellectual Property Rights
The content of the Services, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to NNPHI, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content of the Services is provided to you AS IS for your information and noncommercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever other than as authorized herein without the prior written consent of the respective owners. NNPHI reserves all rights not expressly granted in and to the Services and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein. If you download or print a copy of the Content for noncommercial use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
OUR FEATURED TRAINING
Modifications
While we take pride in our high-quality learning opportunities, unexpected events do occur. We reserve the right to cancel, interrupt, or delete any content. Learning opportunities offered are subject to the Disclaimers and Limitation of Liability sections below.
Disclaimer of Trainee-Trainer Relationship
Nothing in these Terms of Use or otherwise with respect to your participation in any learning opportunity: (a) establishes any relationship between you and any training or curriculum developer with which we may be affiliated; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; (c) establishes any relationship between you and NNPHI or its supporters or (d) entitles you to use the resources of any training or curriculum developer, educational institution, organization, or entity beyond participation in the course.
Your Content
User Content
By posting or uploading any content to this Site, including posts, responses, and/or providing any communication or material to us ("User Content"), you automatically and irrevocably:
- Retain ownership of your User Content, and grant to us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing, and/or other exploitation by us and/or by any person authorized by us, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
- Warrant that you are the owner of the User Content and entitled to grant the rights granted herein;
- Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that we shall not be liable for any use or disclosure of such User Content.
Others Use of User Content
To the extent that you provide User Content, you grant us a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you thereby grant to us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
To the fullest extent permitted by applicable law, we may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Use.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. To the fullest extent permitted by applicable law, we take no responsibility and assume no liability for any Comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to content and/or product descriptions, pricing, promotions, offers, and availability. To the fullest extent permitted by law, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order) if any information in the Services or on any related website is inaccurate.
Security
We care about the security of our users. While we work to protect the security of your account and related information, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by phone at 888-996-6744 or email training@nnphi.org.
Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. We cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. We disclaim any responsibility or liability related to your access or use of such third party content.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and to the fullest extent permitted by law, we will not have any liability or responsibility for any third-party materials or websites, or for any other products, or services of third-parties.
To the fullest extent permitted by law, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Paid Services
Some training and curriculum developers offer certain goods or services for a fee, e.g., Course Certificates for certain courses (collectively, “Paid Products”). Unless otherwise stated, all fees are quoted in U.S. Dollars. If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment. You undertake and warrant that all details you provide to us for the purpose of purchasing Paid Products will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Paid Product. We reserve the right to obtain validation of your payment details before providing you with the Paid Product.
Fees may vary based on your location and other factors, and we reserve the right to change any fees at any time in our sole discretion. Any change, update, or modification will be effective immediately upon posting.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, we may terminate your use of any Service for any reason. Neither NNPHI nor any of our participating institutions and instructors, its contributors, sponsors, and other business partners, and their officers, directors, employees, contractors, and other agents (the "Navigator Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.
Disclaimers
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE NAVIGATOR PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE NAVIGATOR PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NAVIGATOR PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE NAVIGATOR PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; (C) ERRORS, MISTAKES or INACCURACIES OF CONTENT; (D) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (F) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (G) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY US FROM YOU FOR THE USE OF PAID PRODUCTS DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND NNPHI, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Indemnification
You agree to indemnify, defend, and hold harmless the Navigator Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms of Use; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
The Services are managed by NNPHI, which is located in Washington, District of Columbia. You agree that any dispute related to these Terms of Use will be governed by the laws of the District of Columbia excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving the District of Columbia as the legal forum for any such dispute.
Should any dispute arise from the access and use of the Services, and the dispute cannot be resolved via discussion between the parties, the dispute must be resolved through a binding, non-appearance based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and us. The parties and the selected ADR provider shall not require any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction, subject to the limitation of liability set forth herein.
General Terms
Revisions to the Terms
We reserve the right to revise the Terms of Use at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
Severability; Waiver
In the event that a particular provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Participating Institutions and Training/Curriculum Developers
Our participating institutions and training or curriculum developers are third party beneficiaries of the Terms of Use and may enforce those provisions of the Terms of Use that relate to them.
Effective as of May 22, 2018.