END USER LICENSE AGREEMENT 

This End User License Agreement (“Agreement”) is a legal contract between you (“you,” or “your”) and Fitzgerald Health Education Associates, LLC (“FHEA”), governing your use of the hosted services, educational platforms, related websites, applications, digital products, products, packages, content, materials, study tools or resources provided by FHEA (collectively “Services”).  

BY CLICKING “I AGREE,” CHECKING A BOX, OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING FHEA’S ACCEPTABLE USE POLICY (ATTACHED HEREIN), PRIVACY POLICY, AND TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

1. License Grant. FHEA grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial, educational use during the term of your enrollment in such Services as provided by FHEA and for NO OTHER PURPOSE OR USE.

2. Use of Materials. Any materials, content, or resources provided to you by FHEA, whether made available for download to your computer or accessed via a web application, are licensed to you solely for your personal educational use in connection with your enrollment in the Services. You may not reproduce, distribute, publicly display, create derivative works from, or otherwise exploit such materials for any commercial purpose or share them with any third party without the express written consent of FHEA. All such materials remain the exclusive property of FHEA or its licensors.

3. Disclaimer Regarding Materials. All materials, content, or resources provided by FHEA, whether for download or accessed via a web application, are provided “as is” and without warranties of any kind, either express or implied, including but not limited to warranties of accuracy, completeness, merchantability, fitness for a particular purpose, or non-infringement. To the fullest extent permitted by law, FHEA disclaims any liability for any errors or omissions in such materials or for any loss or damage of any kind incurred as a result of the use of or reliance on any materials provided.

4. Your Responsibilities. In addition to your other obligations set forth in this Agreement, you are responsible for:

  • Maintaining the confidentiality and security of your login credentials;
  • Ensuring that your use of the Services complies with applicable laws and FHEA’s policies; and
  • Notifying FHEA of any unauthorized use or security breach.

5. Restrictions. You shall not:

  • Copy, modify, or create derivative works of the Services;
  • Translate, reverse engineer, decompile, modify or disassemble any part of the Services;
  • Sell, rent, lease, license, sublicense or otherwise distribute the Services;
  • Violate the Acceptable Use Policy;
  • Circumvent any use-limitation or protection device contained in or placed upon the Service or access or attempt to access any portion of the Service that you are not authorized to access;
  • Interfere with or disrupt the performance or security of the Services;
  • Reproduce or use all or any portion of the Services any manner and for any purpose in connection with any tool, software, application or other technology that utilizes artificial intelligence, including but not limited to any artificial intelligence chatbot technology (collectively “AI Tool”);
  • Input, upload or submit all or any portion of the Services to any AI Tool for any purpose, including to train, enhance or improve such AI Tool; or (iii) otherwise using any AI Tool in connection with your use of or participation in the Services;
  • Violate any applicable local, state, national or international law; and
  • Use the Service in any manner that violates, infringes, or misappropriates the intellectual property rights, publicity or privacy rights, or other proprietary rights of any third party.

6. Feedback. FHEA welcomes your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant FHEA and its licensors the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, FHEA does not waive any rights to use similar or related Feedback previously known to FHEA, developed by our employees, or contractors, or obtained from other sources.

7. No Academic Credit. FHEA does not grant academic credit for the completion of content offerings through the Services. Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of content offerings does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. FHEA, instructors, and the associated content and service providers have no obligation to have content offerings recognized by any educational institution or accreditation organization.

8. Intellectual Property. FHEA or its third party licensors, as the case may be, own, and expressly reserve, all worldwide right, title and interest in and to the Products and Services, as well as all patents, patent applications, trade names, trademarks, trade secrets, service marks, copyrights, copyright registrations and all other proprietary rights associated therewith, as well as the methods by which the Products and Services are displayed or performed and the processes that make up or comprise the Products and Services. The Products and Services are protected by the United States and international copyright laws as well as other intellectual property laws and treaties. You receive no intellectual property rights except the limited license expressly granted above.

9. Modifications or Changes. FHEA and/or its licensors further reserve the right to modify, alter and/or change the Service at any time, including without limitation, by modifying, altering and/or changing the Content or any Service features or functions, or by removing or disabling certain content or Service features or functions altogether. You acknowledge and agree that neither FHEA nor any of its licensors shall have any liability to you with respect to any such modifications, alterations or changes, or with respect to any content or Service features or functions that have been disabled or removed from the Service.

10. Forums. The Service may include features such as chat rooms, bulletin board services or other interactive communication facilities (collectively, “Forum(s)”). FHEA cannot and does not undertake to review all communications made on or through the Forums. FHEA shall have the right, but not the obligation, to monitor the Forums and to edit or delete any materials that FHEA in its sole discretion determines are in violation of this Agreement (including without limitation, Section 5 above), or that are otherwise contrary to FHEA’s business interests and/or customer relations. For the avoidance of doubt, if FHEA determines, in its sole discretion, that you have violated this Agreement (including but not limited to posting or uploading content that is unlawful, defamatory, obscene, harassing, hateful, discriminatory, threatening, or otherwise objectionable), FHEA shall have the right, without liability, to suspend or terminate your access immediately.

11. Termination. This license and your access may be suspended or terminated by FHEA at any time if you violate these terms. Upon termination, you must cease all use of the Services.

12. Indemnification. You agree to indemnify, defend, and hold harmless FHEA, its affiliates, business partners, suppliers, licensors and/or contractors, your sponsoring organization(s), and all of their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement, your misuse of the Services, or your violation of any law or the rights of a third party.

13. Disclaimer of Warranties. The Services and all materials, content, or resources provided by FHEA, whether for download or accessed via a web application are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness. timeliness and/or non-infringement. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM fhea OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION. fhea DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY COURSE, WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR that tHE OPERATION OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY COURSE, WILL BE UNINTERRUPTED OR SECURE. FHEA Further does not represent or warrant that YOU WILL OBTAIN OR ACHIEVE A PARTICULAR RESULT FROM USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY COURSE; OR that THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY COURSE, COMPLIES WITH ANY PARTICULAR LAW OR REGULATION.

14. Limitation of Liability. To the maximum extent permitted by applicable law, UNDER NO CIRCUMSTANCES SHALL FHEA OR ITS AFFILIATES, BUSINESS PARTNER, SUPPLIERS, licensors AND/OR CONTRACTORS OR YOUR SPONSORING ORGANIZATION BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFIT OR OPPORTUNITIES ARISING OUT OF OR RESULTING FROM THE SERVICES OR THE PURCHASE OR USE THEREOF, EVEN IF FHEA OR ITS AFFILIATES, SUPPLIERS, licensors OR CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF RECOVERY OR CIRCUMSTANCES UNDER WHICH THE DAMAGES ARISE INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, TIMELINESS, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS, AND/OR LACK OF AUTHENTICITY OF ANY CONTENT

IN NO EVENT SHALL THE TOTAL LIABILITY OF FHEA OR ITS AFFILIATES, BUSINESS PARTNERS, SUPPLIERS, licensors OR CONTRACTORS OR YOUR SPONSORING ORGANIZATION FOR ALL DAMAGES AND LOSSES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE PURCHASE OR USE THEREOF EXCEED THE TOTAL AMOUNT PAID BY You FOR THE SERVICE GIVING RISE TO, OR WHICH IS THE SUBJECT OF, THE CLAIM.

Any action on any claim against FHEA and/or its affiliates, BUSINESS PARTNERS, suppliers, licensors and/or contractors OR YOUR SPONSORING ORGANIZATION must be brought by YOU within one (1) year following the date the claim first accrued, or shall be deemed waived..

Acceptable Use Policy 

This Acceptable Use Policy (“Policy”) governs the use of the Services. You must comply with this Policy to maintain access to the Services. This policy is intended to protect the integrity, security, and educational purpose of the Services provided under the Agreement. 

 By accessing or using the Services, You agree to comply with this Policy. 

 1. Prohibited Activities. You are prohibited from engaging in any of the following activities while accessing or using the Services: 

 1.1 Unauthorized Access or Security Violations. 

  • Attempting to gain unauthorized access to any portion of the Services, FHEA’s network, or other systems or data. 
  • Circumventing or attempting to circumvent user authentication or security of any system, network, or account. 
  • Scanning, probing, or testing the vulnerability of the platform or any network connected to the platform without prior written authorization from FHEA. 

 1.2 Malicious or Disruptive Behavior. 

  • Introducing or distributing malware, including viruses, worms, trojan horses, spyware, or any other malicious code. 
  • Engaging in activities that disrupt or degrade the performance, availability, or security of the Services (e.g., denial of service attacks, spamming, flooding). 

 1.3 Inappropriate or Offensive Content. 

  • Uploading, posting, transmitting, or otherwise making available any content that is defamatory, discriminatory, obscene, abusive, harassing, threatening, sexually explicit, or otherwise inappropriate. 
  • Sharing or distributing hate-based materials or content that promotes violence, racism, or illegal activity. 
  • Uploading or transmitting materials that violate the intellectual property or privacy rights of others. 

  1.4 Unauthorized Use or Disclosure of Information. 

  • Misusing or disclosing confidential, proprietary, or personally identifiable information (PII) accessed through the Services. 
  • Uploading content or data not intended for educational purposes or outside the scope of the program. 

 1.5 Misrepresentation or Impersonation. 

  • Forging headers or otherwise impersonating any individual or entity, including FHEA personnel or other users, while using the Services. 

 1.6 Prohibited Commercial Use. 

  • Posting advertisements, commercial announcements, or promotional content unrelated to the Hosted Program Services or the educational activities they support. 

 1.7 Account Sharing or Unauthorized Access Use. 

  • You may not share, sell, lease, sublicense, or otherwise transfer their login credentials or access to the Services to any other individual or entity. 
  • Each account is intended for use by a single, named individual only. Use of one account by multiple individuals, or any attempt to gain access to the Services through another user’s credentials, is strictly prohibited. 
  • Any attempt to resell access to the Services or distribute access for commercial or unauthorized educational use is a violation of this policy and may result in immediate termination of access. 

2. Responsibility to Report Issues. If you discover or suspect any system vulnerability or breach, you must immediately report it to the FHEA’s Services team at [email protected] and must not exploit or disseminate such information. 

 3. Enforcement. FHEA may suspend or terminate your access to the Services if you violate this Policy as determined by FHEA in its sole discretion, and/or as otherwise permitted under the Agreement or applicable law.