END-USER LICENSE AGREEMENT USER AGREEMENT THE FOLLOWING DESCRIBES THE TERMS ON WHICH SACO RIVER EDUCATION OFFERS YOU ACCESS TO OUR TRAININGS: Welcome to the User agreement (the “Agreement” or “User Agreement”) for Saco River Education, a Maine corporation. This agreement describes the terms and conditions applicable to your use of our services available under the domain www.sacorivereducation.com (the Site) and the general principles for the website. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. If you have any questions please refer to our User Agreement Frequently Asked Questions. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may access our Site and participate in our trainings/courses. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 10 days after they are initially posted on the Site. In addition, we will notify you in accordance with your Notification Preferences. This agreement may not be otherwise amended except in a writing signed by you and SRE. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on the date posted on the website for all users. 1. Membership Eligibility Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Further, your SRE account and User ID may not be shared, transferred or sold to another party. 2. Fees and Services SRE agrees to provide online trainings/courses to anyone who registers and pays the appropriate fee. Certificates of completion will be given to all students who successfully complete the trainings/course. Payment Policies : Payment is due upon registration. Payments plans are available for eligible students and must be arranged with SRE before starting the class. Students will be issued an ID and Password upon receipt of payment. Those students choosing a payment plan will receive an ID and Password to access the Site for a time-limited period defined by the payment plan. Upon receipt of the 2 nd and 3 rd installments, the ID and Password will be extended for that period of time. If a payment installment is not received by SRE on the predetermined date, the ID and Password will expire and the student will not be able to access the Site. Upon receipt of the payment, the ID and Password will be reactivated. Certificates of completion will not be issued for those who have not completed payment. Once deposit is made, registration paperwork must be completed and an ID and Password are issued. Once this process has been completed, you may access the address on the Site for which you have registered at any time of day. The type of training/course will determine the length of time you may access the Site. 3. Refund Policy : See student contract in registration packet for refund policy. SRE is licensed by the Department of Education, which has guidelines for the refund of monies to students. A paper copy of acceptance of that policy has to be on record to meet the Department's licensing guidelines. 4 . Identity Verification We use techniques to verify the accuracy of the information our users provide us when they register on the Site. We track our students' use of the Site, including time logging on/off, computer used and frequency using the Site. We use this information to report student use of the Site, successful completion of trainings/courses to employers who require record keeping of trainings to meet regulations. We also use this data to submit information needed by the certifying body for students to receive additional certificates for trainings/courses. 5. Release Except for acts relating to SRE's gross negligence, you agree to release and hold SRE harmless from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of this website. You also agree to indemnify SRE pursuant to Paragraph 14 below. 6. Information Control We do not control the information provided by other students in discussion of content during trainings. You may find other student's input inaccurate, insensitive or offensive. Please use caution, common sense and good communications when participating in these discussions. Verify with the instructor any misunderstandings that you might experience before acting on any information provided by other students while participating in the discussions on the Site. 7. Fraud SRE expects that only the students registered for the training/course to view the website under his/her own ID and Password. Allowing addition people to view the website while using your ID and Password will be deemed an act of fraud. For example, having another person take a quiz in place of the registered student is an act of fraud. Without limiting any other remedies, SRE may suspend or terminate your account if we have good grounds to suspect that you have engaged in fraudulent activity in connection with the Site. We reserve the right to question you via telephone, email or in person to authenticate your identity. 8. Your Information Definition. “Your Information” is defined as any information you provide us or other users in the registration, class discussion, or e-mail process. You are solely responsible for Your Information and we act as a passive conduit for your online distribution and publication of Your Information Restricted Activity. Your Information and your activities on the Site shall not: (1.) be false, inaccurate or misleading; (2.) be fraudulent (3.) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4.) violate any law, statute, ordinance or regulation; (5.) be defamatory, unlawfully threatening or unlawfully harassing; (6.) be obscene; (7.) contain any viruses, Trojan horses, worms, time bombs, bots, or other computer programs that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (8.) create liability for SRE. You agree to respect other classmates as if you were in a classroom by respecting their confidentiality; not forwarding any emails and not sharing any information discussed during the classes which could harm another person's/facility's reputation. License. SRE will only use Your Information in accordance with our Privacy Policy. (Below) 9. Accesses and Interference . You agree not to:(1.) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of SRE and the appropriate third party, as applicable; (2.) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (3.) bypass any other measures we may use to prevent or restrict access to the Site. You agree to follow all measures to protect the copyrights of the materials on the Site. 10. Breach Without limiting other remedies, we may limit your activity, immediately remove your posting, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your registration and refuse to provide our services to you if: (a.) you breach this Agreement or the documents it incorporates by reference;(b.) we are unable to verify or authenticate any information you provide to us; or (c.) we believe that your actions may cause financial loss or legal liability for you, our users, or us. 11. Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information areone of the most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. Our current Privacy Policy is available on the Site. If in the future SRE's ownership were transferred, Your Information would be a part of that transaction. 12. No Warranty We, our director, instructors and employees provide our trainings and services “as is” and without any warranty or condition, express, implied, or statutory. We issue certificates of completion and do not guarantee any further credentialing by governing bodies or certifying agencies. SRE is licensed by the Department of Education, State of Maine whose guidelines for students and programs are followed and monitored regularly. We endeavor on a continuing basis to meet the credentialing and certifying guidelines outlined in regulations and our programs are evaluated by those certifying agencies on a regular basis for compliance with their standards and guidelines. Our certificates of completion do not guarantee any level of competency and SRE is not responsible for or liable for competency levels. 13. Liability Limit In no event shall we, our director, instructors, or employees be liable for incidental or consequential damages arising out of or in connection with our Site, our services or this Agreement. SRE is not liable for the quality of work performed by students who undertake our trainings/courses. Meeting work standards is strictly the responsibility of the Employer. 14. Indemnity You agree to indemnify and to hold SRE and (as applicable) our director, instructors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or rights of a third party. You hold SRE harmless for any practices that are used in the health care setting which are outside the normal scope of practice, the regulatory practice or procedures that may result in patient injury or harm. 15. Legal Compliance You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our trainings/courses. 16 . No Agency You and SRE are independent contactors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 17. Resolution of Disputes In the event that a dispute arises between you and SRE, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SRE agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to contact us directly to seek a resolution. We will make a good faith attempt to resolve your claim as soon as possible. We consider any reasonable request to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. If you feel we have been noncompliant with the rules of licensure, you may register a complaint in writing with specific facts, allegations and signature against Saco River Education with the Department of Education, 23 State House Station, Augusta, Maine, 04333-0023. 18. Binding Arbitration For any claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000.00, you and SRE shall resolve the dispute through binding arbitration conducted by telephone, online and/or based solely upon written submissions where no in-person appearance is required. If advisable the arbitration shall be administered by the Maine Arbitration Society in accordance with their applicable rules. Any judgment on the award rendered by the arbitrator may be entered in any court in the State of Maine. 19. Alternative Dispute Resolution For disputes in excess of $5,000.00, you and SRE shall engage in non-binding mediation within thirty (30) days of the Notice, the parties shall be free to pursue such legal remedies as they deem appropriate. For purpose of venue and jurisdiction, the parties hereto agree that the performance of the Services and this Agreement takes place wholly within the State of Maine and you agree to the exercise of personal jurisdiction by the Courts of the State of Maine. You also agree that venue is properly laid in the State of Maine and further agree that any and all disputes shall be heard in Portland, Maine. This Agreement shall be governed by the laws of the State of Maine. SRE will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Maine. Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with five (5) days prior notice. If you are in the process of participating in training, or have an enterprise license for the Site, an email will notify you of any changes in policies associated with this Agreement. 20. General We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and any written material referenced herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 9 (Access and Interference), 13 (Liability Limit), 14 (Indemnity), and 17 (Resolution of Dispute) shall survive any termination or expiration of this Agreement. 21. Disclosures The services hereunder are offered by Saco River Education, Inc. located at 802 Main Street, PO Box 69 , Waterboro , Maine 04087 . If you are a Maine resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. |