TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, INCLUDING, WITHOUT LIMITATION, TERMS AND CONDITIONS RELATED TO MEDICAL AND WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, LIMITATIONS ON PERIODS FOR ASSERTING ANY CLAIMS, INDEMNIFICATION, GOVERNING LAW, APP STORE TERMS AND THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Welcome to the Health-Integrated Educator™ app (the “App”), a digital training platform developed and operated by Clinic to Classroom, LLC (“Company”), “we,” “us,” “our”). These Terms and Conditions as well as the corresponding Privacy Policy and any other terms communicated to you from the Company from time to time which are incorporated herein by reference and available through the App, and the additional app store terms incorporated as Exhibit A below (collectively “Terms”) govern your use of the App. By accessing, downloading, or using the App, you agree to be bound by these Terms. IF YOU ARE UNDER THE AGE OF 18 YOU MAY NOT UTILIZE THE APP.
IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT UTILIZE THE APP.
1. Medical/Legal Disclaimer
The trainings, techniques, and other information offered on the App are designed to assist users. However, they are not intended to be a substitute for the legal or medical advice and for diagnosis, or treatment provided by a qualified medical practitioner. You should not use the information available on or through the App for diagnosing or treating a health problem or disease or as the basis for making legally binding decisions. We recommend that you consult with your doctor or other qualified healthcare provider and any relevant legal professionals before using the App. This App is not intended to store patient/student information or any other sensitive educational records. Users are responsible for ensuring no student-identifiable data is uploaded or shared through the App in violation of HIPAA, FERPA, or any other applicable law.
2. License to Use the App
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App solely for your personal use in connection with professional development.
3. User Accounts
To use the App, you must register and create an account. You agree to provide accurate and complete information and to keep your credentials secure. If you provide any information that is false, inaccurate, outdated or incomplete, or the Company has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, the Company has the right to suspend or terminate your account and prohibit or refuse any and all current or future use of the App (or any portion thereof) by you. You are solely responsible for all activity under your account and for the privacy and security of your credentials. You agree to immediately notify the Company of any unauthorized use of your password or account or any other breach of security.
You may have the option to post content, where applicable, on the App ("User Content"). All User Content, regardless of method posted, is your sole responsibility. The Company cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the App.
By posting any User Content on the App, you hereby grant the Company a royalty-free, fully paid up, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You represent and warrant that: you own the User Content posted by you on or through the App or otherwise have the right to grant the license set forth above; and the posting of your User Content on or through the App does not violate the privacy rights, intellectual property rights, publicity rights, contract rights or any other rights of any person. The Company shall not be liable for any use or disclosure of any User Content you post to or through the App.
4. Intellectual Property
All content, course modules, videos, worksheets, templates, tools, and any other course materials (“App Content”) are the intellectual property of Clinic to Classroom, LLC. The App Content is licensed to the individual purchaser only and may not be copied, re-shared, resold, or used for commercial purposes outside the scope of the original license. The App and the App Content are protected by copyright, trademark, and intellectual property law. The Company owns all right, title, interest, and all intellectual property rights in and the App and the App Content.
The Company, or third parties from whom the Company has permission, own the trademarks and service marks that are used on the App. All rights are reserved by the Company and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of the Company and its licensors may not be used without prior written consent of the Company or its licensor. Without limiting the foregoing, no Company trademark or trade dress may be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the Company. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms or by written consent of the owner of the proprietary rights.
5. Group and Enterprise Use
If you access the App through an organization (e.g., school district, clinic, or educational agency), your use may be governed by an enterprise license agreement. Group administrators may view usage data such as module progress and completion rates. Redistribution or sublicensing is prohibited without express written authorization from the Company.
6. Certification
Some courses may include a certificate of participation upon completion. These certificates do not represent CEUs, professional licensures or board certifications, or any other type of credentialing unless explicitly stated. Receipt of any potential credential shall be subject to your compliance with this Agreement.
7. Payment and Refund Policy
App access may be purchased through a one-time payment, subscription, or organization contract. All purchases are final and non-refundable unless stated in writing at the time of sale.
8. Acceptable Use
The rights granted in these Terms do not include the right to, and you shall not (nor shall you facilitate, direct, or assist a third party to):
Modify, reproduce, or resell any part of the App’s content or data (excluding your personal information), or otherwise commercially exploit any of the App’s content or data (even if that content or data is provided by a third party);
Access, tamper with, or use non-public areas of the App or the Company’s computer systems;
Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
Access or search or attempt to access or search the App by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by the Company;
Use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the App, or otherwise collect, gather, extract, scrape, or obtain any data or content from the App for any commercial purpose other than obtaining products and services from the Company or your own personal, non-commercial use;
Interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail bombing the App;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the or App;
Attempt to hide or direct, facilitate or assist any third party in hiding your IP address to circumvent any of the restrictions in these Terms, including without limitation, if any IP address you have been assigned or used is blocked or dropped by the Company, you are hiding or switching your IP address to scrape or collect data and content from this App, or you have received a cease and desist or other correspondence from the Company related to any activity in violation of these Terms that requires you to cease accessing or using the App;
Use the App or any of its content in any manner other than the manner in which it is intended to be used, or in any way that interferes with its normal operations or with any other user’s use and enjoyment of this App, unless you first obtain the Company’s express written consent;
Upload, post, email or otherwise transmit any user content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, post, email or otherwise transmit any user content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; or
Use the App or its content for any purpose prohibited or restricted by law
Except for the limited right expressly granted to you in these Terms, the Company and its licensors expressly reserve all other rights and licenses.
9. Accessibility
We are committed and endeavor to provide an inclusive, accessible experience. If you encounter accessibility barriers while using the App, please contact us at [email protected].
10. Termination of Access
We reserve the right to suspend or terminate your account at any time in our sole discretion including in the event you violate any of these Terms. Upon termination, your license ends and you must cease all use of the App.
11. Disclaimers
The App and its content are provided for informational and professional development purposes only. They do not constitute legal, medical, or clinical advice. OUR APP, OUR CONTENT AND OUR SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY PART OF THE APP WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE APP AND ACCESS TO THE APP WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP OR SERVICES IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY RELIANCE ON APP CONTENT IS AT YOUR OWN RISK.
12. Limitation of Liability
TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, THE "COMPANY PARTIES") BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE OR REPLACEMENT OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APP OR ANY OF ITS CONTENT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES SHALL NOT EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE THREE (3) MONTH PERIOD PRECEDING THE DATE UPON WHICH YOUR CLAIM AROSE, IF ANY, OR ONE HUNDRED DOLLARS (US $100).
YOU AGREE TO PROMPTLY NOTIFY THE COMPANY IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE COMPANY PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Wisconsin, without regard to any conflict of laws provisions. If any provision of these Terms is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable, then the provision shall be severed, and the remaining terms of these Terms shall be interpreted and read to give them maximum enforceability.
If we have not been able to resolve the dispute informally within thirty (30) days after both parties received notice of the dispute, we both agree to resolve any claim, dispute or controversy arising out of or in connection with or relating to these Terms by binding arbitration conducted pursuant to the JAMS Streamlined Arbitration Rules and Procedures that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”). Unless we both agree otherwise, the arbitration will be conducted in the same city as our offices. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the JAMS Rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration, along with all filings and decisions, will be confidential except as necessary to enforce the award.
ARBITRATION MEANS THAT YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
Notwithstanding the foregoing provisions, each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property.
14. Changes to These Terms and/or the App
We reserve the right to modify these Terms at any time and to impose new or additional terms and conditions. Updated versions will be posted in the App with a revised effective date. Continued use after updates constitutes acceptance. Further, the Company reserves the right to change, modify, or
discontinue the App or any portion of the App, including any and all content, at any time, without notice to you.
15. Contact Information
For questions about these Terms, email [email protected]