END USER LICENSE AGREEMENT
This End User License Agreement ('Agreement') is a legally binding contract between you ('User' or 'you') and Two Roads, Inc. dba LindseyJones ('Company' or 'we') governing your use of the online and physical medical credentialing exam preparation services provided by LindseyJones (the 'Service'). By downloading, installing, accessing or using the Service, you agree to be bound by the terms and conditions of this Agreement.
1. Company Overview
Two Roads, Inc, dba LindseyJones specializes in preparing healthcare workers, predominantly respiratory therapists, to successfully complete their basic and advanced national credentialing examinations. Our Service caters to a user-base of active users, engaging in approximately 100 hours of online and physical study materials.
2. Users
a. A user is a human begin or a natural person.
b. A legal entity in the smallest sub-unit. If a company contains several child companies, an end-user is each child company.
c. Therefore, by definition, a program is not an end-user.
3. Changes to Service
a. User acknowledge and agree that Company may: remove Content; modify, change, or discontinue the Services available through the application; suspend or discontinue offering the web service application; change how we offer and operate such Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge); impose limits on certain features or restrict your access to part or all of the Application, Services, and Content;
b. Company may make other changes in Company’s product and service offerings at its sole discretion and with or without notice to you.
4. Areas of Risk Mitigation
a. Separation of Medical Practice and Testing Guidelines: Users acknowledge that the information provided by the Service, including therapeutic approaches and medication content, is intended solely for exam preparation purposes. We do not provide guidance on patient care. Users agree not to implement these materials in clinical settings without consulting authoritative medical guidelines.
b. No Guarantee Passing: Company does not guarantee users' success in passing their credentialing examinations, as individual outcomes are influenced by various factors beyond our control, including cognitive capacity, study habits, and application of knowledge.
c. Errors and Omissions: While we strive for accuracy, Company shall not be liable for any errors or omissions in the content provided through the Service. Users are encouraged to report any inaccuracies promptly for correction.
d. No Sharing of Accounts: Users are strictly prohibited from sharing their account access with others. The Service is licensed for single-user access only, unless explicitly authorized otherwise in writing by Company. Users are responsible for maintaining the confidentiality of their login credentials.
e. Time-based Subscription: User acknowledges that subscription costs are based on access duration, not the extent of usage. Unused subscription time does not entitle users to refunds or extensions. Subscription periods commence upon activation of the account and expire at the end of the designated period, regardless of usage.
f. No Sharing of Content: Users are expressly forbidden from sharing or disseminating the proprietary content provided by the Service on any platform, including social media, educational settings, or third-party websites. Unauthorized distribution of content is a violation of this Agreement and may result in legal action.
g. Right to Discontinue Service for Policy Violation: Company reserves the right to suspend or terminate user accounts indefinitely without refund in the event of policy violations, including but not limited to account sharing, content sharing, inappropriate application of information, or other breaches of this Agreement. Users may be notified of violations and given an opportunity to rectify them before account suspension.
5. Acceptable Use Policy
a. Company expects users of the Service to behave as they are in their communities. If they do not, they may be prevented from using the Service. Any breach of this Acceptable Use Policy shall be deemed a material breach of the contract between you and us.
b. Company expects all users to use their real names on their personal accounts. This helps Company with moderation and the identification of users in the community. If a user wants to use another name (such as a brand or their community, for example) they must do so via a “Subscription-Account.” Subscription-Account can be created after an individual has registered a personal account with their real name. Company understands that there are valid reasons for users to hide their real names and personal accounts. Third-party access to a personal account can be restricted in your profile settings.
c. User safety and privacy are very important to us. If you have any questions or concerns about your own privacy or the conduct of another user on this app, get in touch with us at (info@ljinfo.net.
d. When using the LJU application, user agrees to:
1) not post personal information about another individual, or their private or confidential information (including physical or mental health issues) without that individual’s express written consent, or the express written consent of their family members if the individual themselves cannot provide such consent;
2) use the minimum amount of information possible concerning another individual when sharing a prayer request with other users of the Application;
3) not use the Application to request information from anyone under the age of 16;
4) not use the Application in any unlawful manner or for any unlawful purpose, or in any manner inconsistent with these terms such as:
i) by hacking into or inserting malicious code, viruses, or harmful data, into the Application or any operating system designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
ii) by impersonating someone or misrepresenting your affiliation with another person or entity;
iii) by planning or engaging in any illegal, fraudulent, or manipulative activity; or
iv) by publishing falsehoods, misrepresentations, or misleading statements;
5) Any User Contributions and any use of or access to the Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
i) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
ii) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
iii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Acceptable Use Policy and our Privacy Policy;
iv) be likely to deceive any person;
v) promote any illegal activity, or advocate, promote, or assist any unlawful act;
6) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
7) impersonate any person, or misrepresent your identity or affiliation with any person or organization;
8) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
9) give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
6. Compatibility
a. Company does not warrant that Service and associated applications will be compatible or interoperable with user’s device or any other piece of hardware, Application, equipment, or device installed on or used in connection with User’s Device.
b. Furthermore, User acknowledge that compatibility and interoperability problems might cause the performance of user’s device to diminish or fail completely, and may result in damage to the User’s device, loss of the data located on User’s device, and corruption of the application and files located on User’s device.
c. Users acknowledge and agree that Company and our affiliates, partners, suppliers, and licensors shall have no liability to User for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
7. Content Updates
a. Company may make available to user updates, upgrades, supplements, and add-on components (if any) of the Service and its associated applications, including bug fixes, service upgrades (parts or whole), and updates, enhancements, and feature improvements or deletion to any application (including entirely new versions), (collectively 'Update') after the date you obtain your initial copy of the Application. This EULA applies to all and any component of the Update unless we provide other terms along with such Update.
8. Privacy Policy
a. Data Collection and Usage: Company may collect personal information from users in accordance with its Privacy Policy, available on the Company's website. By using the Service, users consent to the collection, processing, and storage of their personal data as described in the Privacy Policy. Company makes reasonable efforts to protect personally identifiable information and, when possible, does not store, collect, nor distribute personally identifiable information.
b. Security Measures: Company implements reasonable security measures to protect user data from unauthorized access, disclosure, alteration, or destruction. However, users acknowledge that no data transmission over the internet or electronic storage method is entirely secure, and Company cannot guarantee absolute security of user data.
9. Intellectual Property
a. Ownership: All content, materials, and intellectual property provided through the Service, including but not limited to text, graphics, images, videos, and software, uniquely authored and approached concepts, are owned by Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.
b. License: Subject to compliance with this Agreement, Company grants users a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes. This license does not permit users to modify, reproduce, distribute, display, or create derivative works based on the Service or its content without prior written consent from Company.
10. Agreement Updates
Users agree that this Agreement may be updated periodically to reflect changes in the Service or legal requirements. Company will notify users of material changes to the Agreement. By continuing to use the Service after such updates, users agree to be bound by the revised terms of the Agreement.
11. Governing Laws and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to this Agreement shall be resolved exclusively through arbitration administered by an arbitration service selected by Company in accordance with its rules and procedures.
12. Severability
If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of the Agreement shall otherwise remain in full force and effect.
13. Limitation of Liability
a. Exclusion of Consequential Damages: In no event shall Company, its officers, directors, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with the use of the Service or this Agreement, including but not limited to loss of profits, data, or goodwill.
b. Limitation of Liability: Company's total liability to users for any claims arising under this Agreement shall not exceed the total amount paid by the user for the Service during the twelve (12) months preceding the claim.
14. Indemnification
Users agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with user's breach of this Agreement, misuse of the Service, or violation of any applicable laws or regulations.
15. Termination
Users may terminate this Agreement by discontinuing the use of the Service and deactivating their account. Termination shall not relieve users of any obligations or liabilities accrued prior to termination. Users agree to Company’s continued aggregate statistical use of data derived from user interaction with Service after termination by users.
b. Termination by Company: Company reserves the right to suspend or terminate the Service or user accounts at any time without prior notice for any reason, including but not limited to violation of this Agreement, security breaches, or discontinuation of the Service.
c. Whether by users or Company, users agree to uninstall, remove, cease accessing and using Service.
16. Force Majeure
Company shall not be liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or power outages.
17. No Waiver
The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision. Any waiver of any provision of this Agreement must be in writing and signed by the party waiving its rights.
18. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior or contemporaneous agreements, negotiations, or understandings, whether oral or written, relating to the same subject matter.
19. Assignment
Users may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Company. Any attempted assignment or transfer in violation of this provision shall be null and void.
20. Survival
Survival: Sections 9 (Intellectual Property), 11 (Governing Law and Dispute Resolution), 13 (Limitation of Liability), 14 (Indemnification), and 15 (Termination) shall survive the termination or expiration of this Agreement for any reason.
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you may not access or use the Service.
© 2024 Two Roads Inc. All rights reserved.