Site Terms and Conditions of Use
Last Updated: January 20, 2020
This website (“Site”) is operated by Corscan, LLC (“Corscan”). Throughout the Site, the terms “we”, “us” and “our” refer to Corscan. We offer this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1a. General Terms
By accessing or using any part of this Site or purchasing something from us, you engage in our “Service” and agree to be bound by these Site Terms and Conditions of Use, all terms and conditions and policies referenced hereunder, on other Site pages, or by hyperlink, and all applicable laws and regulations (collectively, “Terms”). These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site.
Any new features or tools which are added to the Site are subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
You agree that:
You are at least the age of majority in your state or province of residence;
You may not use our products and services for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including, without limitation, copyright and other intellectual property laws); and
You may not transmit any worms or viruses or any code.
A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse service to anyone for any reason at any time.
1b. Additional Terms for Registered Users
To help ensure that our Services can be delivered to and received by you, and in no way limiting any of the other terms hereunder, please note that by becoming a registered user, you understand and agree that:
a. You are responsible for supplying a valid email address and ensuring that emails sent by us will be received and read by you. This means, in part, you must ensure that you understand which email account was used to become a registered user, use that email account for all interactions with us, and that emails from corscanplus.com must not get filtered, blocked, identified as spam, sent to a junk box or deleted.
b. You are responsible for supplying valid email addresses for individuals Corscan needs to contact on your behalf. This includes, but is not limited by, program directors, preceptors, program coordinators, and others designated by you. You are responsible for making sure that emails sent by us will be received and read those individuals. This means, in part, you must ensure that you understand that emails from corscanplus.com must not get filtered, blocked, identified as spam, sent to a junk box or deleted by those individuals.
c. You are responsible for maintaining up to date hardware, software, and operating systems as well as internet connectivity and security (collectively, “Technology”). We do not support all Technology or all versions of such Technology.
d. You will not block or attempt to defraud our systems, and you will allow our systems access to monitor your activity on our Site.
e. You agree that we may share your information as needed to perform the Services which includes, without limitation, disclosing your personal information to credentialing and governmental regulatory organizations.
f. You understand that upon registering and paying the fee, our sole obligation is to provide you the relevant course and its content. As a courtesy, and at our sole discretion, we will use our commercially reasonable efforts to contact your preceptor via email upon your successful completion of the course. We take no responsibility or liability with respect to your preceptor. You are solely responsible for ensuring that you have provided a valid, unique, and personal email address for the preceptor and following up with the preceptor confirming that the preceptor has received, read, and completed the request to digitally sign the enclosed document. We will not issue the certificate until we have received the digitally signed document. The validity of any supplied preceptor email address is determined at the sole discretion of Corscan.
g. You understand that upon registering and paying the fee, our sole obligation is to provide you the relevant course and its content. As a courtesy, and at our sole discretion, we will use our commercially reasonable efforts to contact any credentialing bodies on your behalf as directed by you with information you enter into our application. We take no responsibility or liability with respect to the actions or inactions by any credentialing or governmental entity. You are solely responsible for ensuring that you have provided accurate and correct information for those efforts. Any requests by you for corrections to information provided by you may result in additional service fees up to $50.00.
h. You understand that you are responsible for all fees associated with your registration. You agree to assume responsibility for any unpaid fees invoiced to any third party on your behalf. No certificates or other completion documents will be produced or presented until payment in full has been received by Corscan for any registered course.
i. You understand that we will not provide any refunds, have any responsibility, or incur any liability on the account of your failure to read, understand and comply with our policies and procedures. We strongly suggest that if you have any questions, you contact us prior to becoming a registered user or purchasing our Services.
2. Use License Terms
a. You agree not to reproduce, copy, sell, resell or exploit any portion of the content, the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided.
b. If you do not purchase any of our Services, then you are granted a limited, revocable, personal license for the sole purpose of reviewing our Services offerings to determine whether to purchase a Service.
c. If you do purchase a Service, then you are granted a limited, revocable, personal license solely for yourself to temporarily access the content for the sole purpose of taking the education course for which you purchased and registered. Upon completion, termination, conclusion, or cancellation of the course, this license is revoked and terminated, and you are no longer permitted to access or use the content.
d. Whether you purchase or do not purchase Services, you may not:
i. modify or copy the content;
ii. use the content for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software;
iv. remove any copyright or other proprietary notations from the content; or
v. transfer, sell, or assign the content or grant access to the content to another person or "mirror" the content on any other server.
e. In no event, is title or ownership of the Site, the Services, or the content transferred to you. You are being granted solely a limited, personal, and revocable license as described above. You may not share, transfer, sublicense, or assign any license granted hereunder. All licenses shall automatically terminate if you violate any of these license terms, conditions, or restrictions, and may be terminated by us at any time, subject to Clause 9. If/when your license is terminated, cancelled, or revoked for any reason, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Warranty and Other Disclaimers
a. The content on the Site is provided "AS-IS". We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, quality, title, accuracy, completeness, or non-infringement of intellectual property or other violation of rights.
b. The issuance of a certificate of completion is at our sole discretion. All certificates are issued electronically and made available by download and/or email at our sole discretion. Any certificate whether issued or otherwise may be invalidated at any time at the sole discretion of Corscan. Upon certificate invalidation, Corscan may notify appropriate certification boards or governmental regulatory agencies of certificate invalidation and any other known details covered by law as deemed appropriate by Corscan. Additional email correspondence may be necessary from time to time related to our courses and Site. You agree to maintain a registered email account that accepts email from the domain corscanplus.com unblocked or filtered in any way. You also agree to accept email unblocked or unfiltered in any way from any 3rd party vendor that we may use in the course of doing business. It is also your responsibility to assure any outside parties designated by you accepts our email from the domain corscanplus.com unfettered. If you wish not to receive email from us, you can do so by sending a request using the contact us link. No refunds will be granted on the bases of an opt-out email request or as a result of failure to receive email from us or any of or our vendors. Changes or corrections to certificates issued will be done at our sole discretion and may result in additional service fees to the user.
c. As stated in Clause 2, registration entitles access to the content on the Site. Meeting system requirements is your responsibility, including, without limitation, unfettered access to content from network or device firewalls or other security restrictions, up to date operating systems for desktop computers and mobile devices, as well as a network connection that does not block our Site by firewall or other restriction. Not all desktop computers and mobile devices are guaranteed to be supported. A certificate of completion is granted at our sole discretion of upon meeting course requirements. All CME activities must be completed within 1 year of purchase after which access to the content will no longer be granted.
d. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
4. Limitation of Liability
In no case shall we, our owners, directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products or services, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
5. Revisions and Errors
The content appearing on our Site could include technical, typographical, or photographic errors. We do not warrant that any of the content is accurate, complete, reliable, or current. We may make changes to the content at any time without notice. Corscan does not, however, make any commitment to update the content.
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 will not have any liability or responsibility for any third-party content or websites, or for any other content, products, or services of third-parties.
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.
7. Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services and the Site and 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 Site, Service 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 Site, Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
8. Refund Policy
No refunds will be granted:
a) Thirty (30) days after purchase;
b) After a course has been accessed by logging into your password protected account;
c) After a course post-test or evaluation has been completed;
d) After a certificate has been issued;
e) After a course or course activity has expired or reached its termination date; and/or
f) If any of the Terms have been violated or breached.
If we authorize a refund, such refund will be subject to, at our sole discretion, up to a $75.00 processing fee.
9. Personal Information
10. User Comments and Feedback
If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you grant us an irrevocable and perpetual, royalty free license to, and agree that we may, at any time, without restriction, use, edit, modify, copy, publish, display, distribute, translate, create derivative works, and otherwise use in any manner and in any medium any such comments. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove comments or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party. 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 Service 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. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You agree to indemnify, defend and hold harmless us and our owners, directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, your use of the Services or content, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
13. Governing Law
These Terms, and any claim relating to our Site, Services, and content shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You agree that venue for any claim shall be in Wake County, North Carolina.
14. Entire Agreement
Because some states or jurisdictions do not allow the exclusion or the limitation of liability, our liability shall be limited to the maximum extent permitted by law.
15. Contact Information
Any questions about these Terms should be sent to us at email@example.com.