Terms & Conditions for the Use of PracticeUP! Online
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Terms of Use
The following provisions govern your use of PracticeUPonline.com and all other services made available to you.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you agree to these terms and conditions. If you do not agree to all of the terms and conditions of this agreement, do not use this site. Practice UP! Online reserves the right to revise and update these terms and conditions at any time. Please periodically review the Terms of Use Agreement and Disclaimer. Your continued use of this site is deemed to be your acceptance of and agreement to any changed terms and conditions
Copyright and Trademarks
The entire contents and design of PracticeUPOnline.com are proprietary to Practice UP! Online or its content providers and are protected by copyright laws of the United States and other countries. The Practice UP! Online website is for your personal, noncommercial use. You may not modify, copy, distribute, transmit, display, or publish any materials contained on the Practice UP! Online website and/or its e-newsletters without the express prior written permission of Practice UP! Online or the appropriate copyright owner. Certain names and logos are trademarks and service marks of Practice UP! Online and third parties and may not be used without permission.
General Disclaimer
PRACTICE UP! ONLINE IS PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS SECURE.
YOUR USE OF PRACTICE UP! ONLINE IS AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. NEITHER Practice UP! Online NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING PRACTICE UP! ONLINE ITS E-NEWSLETTERS, OR THE MATERIALS CONTAINED THEREIN, ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED, NOR SHALL THEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE PRACTICE UP! ONLINE.
Disclaimer
Practice UP! Online strives to provide valuable and accurate educational information. The creators and editors of the material contained herein have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in Practice UP! Online, neither Practice UP! Online nor any other party involved in the preparation of material contained on its website or in its e-newsletters represents or warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such material.
Practice UP! Online contains material created by the Practice UP! Online staff, contributing teachers, and others who license content to us. Generally, information about the source/author of a particular article can be found in the description of each course.
User Submissions
By submitting posts, comments, or any other communications to any part of the Practice UP! Online website, you automatically grant, or warrant that the owner of such communications has expressly granted to Practice UP! Online a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display your name and the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others.
You warrant that any and all information you post to the Practice UP! Online website does not violate patient/client confidentiality.
You warrant that any and all information submitted by you and posted in the Practice UP! Online discussion forum is true and correct.
Files that you upload, public messages that you send and your activity in dialogue, discussion, and forums are subject to review, modification, and deletion without notice by the discussion or forum manager.
Indemnification
You agree to hold harmless and indemnify Practice UP! Online, its agents, and contributors against any liability for any claims and expenses, including reasonable attorney’s fees, associated with your use of the Practice UP! Online website or relating to your violation of any of the terms of this agreement or arising out of any information submitted by you, including without limitation any claim of libel, defamation, copyright or trademark infringement, or violation of rights of privacy or publicity arising from the material you post on the Practice UP! Online sites.
Governing Law; Jurisdiction; Statute of Limitations
This agreement shall be governed by the laws of the State of Florida applicable to agreements wholly made and performed in Florida without regard to its conflict of laws principle. Any legal action, suit or proceeding arising out of or relating to this agreement or a breach thereof, shall be instituted in a court of competent jurisdiction in Lake County, Florida, and you hereby consent and submit to personal jurisdiction of such court, waive any objection to venue in such court and consent to service of process by overnight courier or express mail at your last known address. Any cause of action initiated by you must be initiated within one (1) year after the claim or cause of action has arisen or it will be barred.
If any clause or provision of this agreement is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, such clause or provision will be severed from this agreement without affecting the enforceability of all remaining clauses and provisions.
Miscellaneous
You agree not to post any information which (a) is libelous, defamatory, obscene, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (b) contains any virus, worm, or other code which is contaminating or destructive to the files or programs of Practice UP! Online or any of our users. Practice UP! Online may deny you access to all or part of the Practice UP! Online website if Practice UP! Online, in its sole discretion, determines that you have engaged in conduct that violates the law or the terms of this agreement.
The Practice UP! Online website is funded by subscriptions, advertising, and other commercial transactions.
Advertisers and sponsors of the Practice UP! Online website and/or its e-newsletters have no influence on editorial content or presentation.
Please see the Practice UP! Online Privacy Policy.
Acceptance Procedure
By registering with Practice UP! Online, subscribing to one of the Practice UP! Online e-newsletters, or accessing PracticeUPonline.com, you agree to be bound by all the terms and conditions of this agreement. You further agree that this agreement and the terms and conditions hereof, including all disclaimers set forth herein, shall inure to the benefit of any agents and contributors to Practice UP! Online, as third party beneficiaries hereto, to the same extent that this agreement inures to the benefit of Practice UP! Online.
If you have further questions about the Terms & Conditions of PracticeUP! Online, please contact us: admin@practiceuponline.com
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Updated November 2020