PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Your use of the APEX continuing education solutions (�APEX�) Website (the �Site�) is expressly conditioned on your acceptance of the following terms and conditions. By using the Site, you signify that you accept, without limitation or qualification, the terms and conditions set forth below.
OWNERSHIP. The information and all other materials comprising the Site (collectively, the �Materials�), are wholly owned by (or licensed to) APEX and/or its content providers, except for items in the public domain. The Site contains copyrighted material, trademarks, and other proprietary information. APEX owns a copyright in the selection, coordination and arrangement of the Site. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of APEX or such other party that may own the Materials.
Any attempt to alter or in any way interfere with the payment/billing processes utilized by the Site is prohibited and may result in criminal and/or civil prosecution. Any use of this Site for purposes other than personal or professional development is prohibited.
USE OF SITE. Except for your personal use, the Site may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose. Unauthorized use of the Site and/or the Materials may violate applicable intellectual property laws or other laws. You may copy this information only to the extent necessary for your personal use. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the Materials.
AGE AND RESPONSIBILITY. Children under the age of 13 years are not permitted to use the Site. You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are financially responsible for all uses of the Site by you and those using your login information.
PASSWORD AND SECURITY. You are solely responsible for maintaining the confidentiality of any user name and password you use to access this Website and are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify APEX, via E-mail, of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you LOGOUT from your account at the end of each session. APEX cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
RULES FOR USER-SUPPLIED MATERIAL. The Site may have an area, which allows you to upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload or otherwise publish through this Site, any materials that (1) interfere with anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene, offensive or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.
RESPONSIBILITY FOR USER'S MATERIAL. The Site is interactive. You may use it to send communications. You agree to be responsible for the content of your communications. You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although APEX may from time to time monitor or review the Site, APEX is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. APEX will fully cooperate with any law enforcement authorities or court order requesting or directing APEX to disclose the identity of anyone sending such materials.
REFUND POLICY. If you are not satisfied with any course, send us an E-mail requesting a refund BEFORE YOU SUBMIT THE QUIZ FOR GRADING and your refund will be processed within three business days. Once a quiz has been submitted for grading, you will not receive a refund for that course because a certificate already will have been created. For a refund of course materials sent through regular mail, all materials must be returned at student�s expense and in excellent condition.
NO WARRANTIES AND LIMITATION OF LIABILITY. Your use of the Site is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files or other material (including software) obtained through the Site. Neither APEX nor any of its content providers endorse the accuracy or reliability of any information provided on or by means of APEX.
THE SITE IS PROVIDED �AS IS,� AND NEITHER APEX NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, AFFILIATES, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by APEX or any of its content providers, agents, affiliates or the like shall create any warranty. Neither APEX nor any of its content providers, agents, affiliates or the like warrants that access to, or use of, the Site will be uninterrupted, virus free, or error-free, or that the Site (including, without limitation, any content on the Site) will meet any particular criteria of performance or quality. APEX, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS, AFFILIATES AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT APEX KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE. FURTHERMORE, APEX, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS, AFFILIATES AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE.
NO MEDICAL OR LEGAL ADVICE. THE INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE IS INTENDED FOR USE AS CONTINUING EDUCATION ONLY AND SHOULD NOT BE CONSTRUED AS MEDICAL OR LEGAL ADVICE. SUCH INFORMATION SHOULD NOT BE USED IN PLACE OF SEEKING PROFESSIONAL OPINIONS BY LICENSED PROFESSIONAL PRACTITIONERS. APEX AND AFFILIATES DO NOT PRACTICE MEDICINE OR LAW, AND DO NOT OFFER ANY OTHER PROFESSIONAL ADVICE OR SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR APPROPRIATE USE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE. Materials presented here are for general educational purposes only. Training that mentions specific interventions does not constitute training or competence in those methods. Professionals are encouraged only to use interventions for which they have appropriate training and background. It is advised also to verify any information with more than one source before implementing the information into practice.
LIMITATION OF LIABILITY. APEX and all of its content providers, agents, affiliates and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Site, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if APEX has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, APEX and all of its content providers, agents, affiliates and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
INDEMNIFICATION. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THIS WEBSITE IS TO DISCONTINUE USING THIS WEBSITE AND THE RELATED CONTENT AND SERVICES. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. You agree to indemnify APEX and all of its content providers, agents, affiliates and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys� fees), and/or damages arising out of claims based upon your use of the Site including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
LINKS. The Site may contain links to websites operated by parties other than APEX. Such links are provided for your reference and/or enjoyment only. APEX does not control such websites and is not responsible for their contents. APEX makes no representation or warranty regarding any other websites or the contents or materials on such websites. The Site�s inclusion of links to other websites does not imply APEX�s endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. You should review the applicable privacy policies of these third party websites before providing personally identifiable information.
AFFILIATIONS. APEX works with a variety of third parties to provide the Services available on this Website, and to provide links to other websites. These third parties include, for example, accrediting bodies, content providers, affiliates, technology providers, and suppliers of products, information, and services. These entities may supply information for posting on or access through this Website, and, solely in the case of accrediting bodies, may set standards applicable to certain content, but they do not control the content or the operation of this Website.
GOVERNING LAW. This Agreement and its performance shall be governed by the laws of Travis County, in the state of Texas, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Travis County, the state of Texas, United States of America, in all questions and controversies arising out of your use of this Site and this Agreement.
NO WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and APEX nor the trade practice shall modify any provision of these Terms and Conditions.
MODIFICATION. APEX may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
ADDITIONAL TERMS. Additional terms and conditions may apply to other portions of the Site, and you agree to abide by such other terms and conditions.
SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
INTELLECTUAL PROPERTY NOTICES. ALL CONTENTS OF THE SITE ARE COPYRIGHT � 2007-2008 APEX CONTINUING EDUCATION SOLUTIONS AND/OR ITS CONTENT PROVIDERS. ALL RIGHTS RESERVED. PRODUCT AND COMPANY NAMES MENTIONED IN THE SITE ARE THE TRADEMARKS OF THEIR RESPECTIVE OWNERS.
ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
WHAT INFORMATION IS COLLECTED. We collect a limited amount of personal information from you in certain areas of the APEX Website (the �Site�) to comply with legal processes served by the Site, such as reporting to licensure boards. IP addresses and related information are collected for the purposes of system administration, to assess the traffic to the Site and to maintain and improve the Site. We do not link IP addresses to your personally identifiable information. We can and will use IP addresses, however, to identify a user when we feel it is necessary to enforce compliance with our Website Terms and Conditions or to protect our service, the Site, customers, or others.
WHO IS COLLECTING THIS INFORMATION. APEX collects the information described above via the Site. When accessing any third party link through the Site, or when you access the Site through an affiliate or any other third party link, such third parties may also collect information. You should review the applicable privacy policies of these third parties before providing personally identifiable information. APEX is not responsible for any actions or policies of such third parties.
HOW COLLECTED INFORMATION IS USED. APEX uses information to learn more about how visitors use the Site and to measure areas of interest. This allows APEX to build features and functionality that will enhance your Site experience. We also may use the information to filter out those who do not comply with the Website Terms and Conditions. Information might also be used to send you information about new features and services on the Site or offered by APEX, or to send you information from selected third party product or service providers. We might also use this information to respond to E-mails, provide customer support, and enforce our Website Terms and Conditions or other similar matters. Aggregate information is also used to help us run and maintain the Site, study traffic patterns, and generally learn about usage of the Site.
GOVERNMENT AUTHORITIES AND LITIGATION. Sometimes a law, court order, or other judicial or administrative process requires us to provide information to a government authority or party to a private lawsuit. We will provide, without your consent, the information that we in good faith believe is required to comply with the law, order, or related processes.
WITH WHOM THE INFORMATION MAY BE SHARED. We will not knowingly disclose or authorize the disclosure of personal identifiable information (other than aggregate statistical information) to any third party without your consent unless: we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may have breached our Website Terms and Conditions or who may be causing injury to or interference with (either intentionally or unintentionally) APEX�s rights or property, other Site users, or anyone else who could be harmed by such activities; or, we believe in good faith that the law or a legal agreement requires it.
SECURITY PROCEDURES WE USE. We are very concerned with the security of your personally identifiable information and take great care in providing secure transmission of your information from your computer to our servers. Once we receive your information, we take appropriate steps that we believe are reasonable to protect the security of your data on our system, both internally and from outsiders, and to ensure the integrity of the data we collect. Though we, and each user, recognize that no data transmission over the Internet can be guaranteed to be one-hundred percent secure, we use a combination of technological and policy methods to protect this data.
YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR PASSWORDS AND ANY ACCOUNT INFORMATION. Please be aware that APEX will never ask you for your password in an unsolicited phone call or E-mail.
Copyright � 2007-2008 APEX continuing education solutions. All rights reserved.