Terms and Conditions
This Terms and Conditions (“Agreement”) by and between you and First Healthcare Compliance, LLC (“FHC,” “we,” or “us”) governs your use and access of FHC’s products, services, software, platform and websites (collectively, the “Content”) in connection with your purchase. By clicking “I Agree” or otherwise accessing the Content in any manner whatsoever, you acknowledge that you have read, understood, and agreed to be bound by and comply with this Agreement.
1. Registration. You may need to register to access and use the Content. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities that occur under your username and password. You agree to immediately notify us if you become aware of any unauthorized use of your username and password or any other breach of security.
3. Intellectual Property; License. Subject to your compliance with this Agreement, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Content as we intend for them to be used. FHC reserves the right to terminate this license at any time for any reason. You may use the Content for your noncommercial personal, internal business use and for no other purpose. For downloadable Content, you may download, view, copy and print Content solely for your noncommercial personal, internal business use provided that Content is not modified in any way. You may not copy, download, store, publish, transmit, transfer, sell or otherwise use the Content in whole or part, in any form or by any means except as expressly permitted by this Agreement. You may not sell, license, or distribute products to third parties or use Content as a component of or as a basis for any material offered for sale, license or distribution. You may not use or access all or part of the Content to the extent you are or plan to become a competitor of FHC, or an employee, contractor or agent of a competitor to FHC. You may not permit any competitor of FHC to access or use any Content for any purpose, including but not limited to providing any type of consultancy, support or other services to you either directly or indirectly.
The Content includes, without limitation, (i) trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (“FHC Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any information contained in or available through the Content (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “FHC Materials”). FHC Materials contain proprietary information owned by FHC and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You have no rights in or to FHC Materials except as specifically permitted under this Agreement. Any use of the FHC Marks without FHC’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the FHC Materials. The Content is provided for informational purposes only, and is not legal advice or a substitute for legal counsel.
4. No Refund. All purchases are final and are not eligible for refund.
5. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
6. Additional Fundamentals Course Terms.
6.1 Confidential Information. The Fundamentals Course exam, and all content related to the exam is FHC’s confidential information (“Confidential Information”). You are prohibited from disclosing, publishing, reproducing, copying, selling, posting, downloading or transmitting any Confidential Information, in whole or in part, in any form or by any means, oral or written, electronic or mechanical, for any purpose.
6.2 Certificate. You will receive a certificate upon your successful completion of the required exam and your compliance with this Agreement. You acknowledge that FHC has the right to change at any time the requirements for obtaining or maintaining any certificate and/or to discontinue any certificate in FHC’s sole discretion. You grant FHC the right to publish your personal information, name, biographical information, certificate status, in whole or in part, in connection with your participation in the Fundamentals Course.
7. Disclaimer; Limitation of Liability. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITES AND CONTENT IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITES AND ANYTHING CONTAINED WITHIN THE WEBSITES, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, MATERIALS, OR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FHC AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AFFILIATES, LICENSORS, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY THE “FHC PARTIES”) MAKES NO WARRANTY OF ANY KIND AS TO THE SITES OR CONTENT, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, CORRECTNESS, RELIABILITY, OR OTHERWISE. THE WEBSITES AND CONTENT DO NOT CONSTITUTE LEGAL ADVICE AND THEIR USE IS NOT A SUBSTITUTE FOR LAWYERS’ OR ORGANIZATIONS’ INDEPENDENT PROFESSIONAL JUDGEMENT. FURTHER, FHC PARTIES MAKES NO WARRANTY THAT THE WEBSITES WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FHC PARTIES BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITES, OR THE CONTENT. FHC SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITES OR CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE MAXIMUM LIABILITY OF FHC PARTIES FOR DAMAGES SHALL BE THE TOTAL AMOUNT PAID BY YOU TO FHC FOR THE CONTENT.
8. Indemnification. You agree to defend, indemnify, and hold harmless FHC Parties from and against all claims, losses, damages, liabilities, judgments, awards, costs, and expenses (including attorneys’ fees and experts’ fees), arising out of or resulting from (i) any violation or alleged violation of this Agreement by you, (ii) any claim that you have violated any third-party right or that any material submitted by you caused harm or damage to a third party, or (iii) any other actions connected with your use of the websites or Content.
9. Termination and Suspension. This Agreement is effective until terminated. You may terminate this Agreement at any time by ceasing to use or access the Content. We may terminate this Agreement and/or restrict, suspend or terminate your access to the Content for any reason. We reserve the right to modify, suspend, or discontinue the Content (or any part thereof) at any time without notice to you or liability. Provisions that survive termination include those relating to limitation of liability, disclaimers intellectual property, indemnification, confidentiality, and others which by their nature are intended to survive.
10. Notices. If you have a question or comment regarding the Content please contact us at: First Healthcare Compliance, Attn: Terms and Conditions, 3901 Centerville Road, Wilmington, Delaware 19807, 1-888-54-FIRST.
11. Modifications. We reserve the right to change this Agreement at any time. Updated versions of the Agreement will be posted on the website and are effective immediately. Continued use of the website and/or Content after any such changes constitutes your consent to such changes.
12. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of law principles. You will only bring any action or proceeding arising out of or related to this Agreement in the appropriate state or federal court located in New Castle County in the State of Delaware.
13. Miscellaneous. Section titles in the Agreement are used solely for the convenience of you and FHC and have no legal or contractual significance. If any provision of the Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Agreement will remain in force. This Agreement constitute the entire agreement and understanding between you and FHC with respect to use of the websites and Content, superseding all prior or contemporaneous communications. Failure of any party to enforce any provisions of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. This Agreement may not be amended, nor any obligation waived, without FHC’s written authorization.
Last Updated: July 18, 2018