Terms of Service

The following are the terms and conditions for use of the TraumaEd.com Service including without limitation email, and other services which may be offered from time to time by TraumaEd.com for use with your account member name (each feature individually and collectively referred to as the “Service”). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY USING TraumaEd.com AND OTHER SERVICES, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“TOS”).

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

1. MEMBER ACCOUNT, PASSWORD, AND SECURITY

To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify TraumaEd.com immediately of any unauthorized use of your account or any other breach of security.

2. MEMBER PRIVACY

It is TraumaEd.com’s policy to respect the privacy of its members. TraumaEd.com will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless TraumaEd.com has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of TraumaEd.com; (3) enforce the TOS; or (4) act to protect the interests of its members or others. TraumaEd.com does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each login. For more information, see the TraumaEd.com Privacy Statement.

You agree that TraumaEd.com may access your account, including its contents, as stated above or to respond to service or technical issues.

3. MEMBER CONDUCT

As a condition of your use of the Service, you warrant to TraumaEd.com that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Service is provided to individuals only and for personal use only. You agree to use the Service only to send and receive personal messages. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information. Advertise or offer to sell or buy any goods or services for any non-personal purpose. Harvest or otherwise collect information about others, including email addresses, without their consent. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs. Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service. Interfere with another member’s use and enjoyment of the Service or another individuals’ or entity’s use and enjoyment of similar services.

TraumaEd.com has no obligation to monitor the Service or any user’s use thereof or retain the content of any user session. However, TraumaEd.com reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

5. LINKS TO THIRD PARTY SITES

THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES (“LINKED SITES”). THE LINKED SITES ARE NOT UNDER THE CONTROL OF TraumaEd.com AND TraumaEd.com IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. TraumaEd.com IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. TraumaEd.com IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TraumaEd.com OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.

6. DISCLAIMERS/LIMITATION OF LIABILITY

The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. TraumaEd.com and/or its respective suppliers may make improvements and/or changes in the Service at any time.

TraumaEd.com does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. TraumaEd.com does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.

You specifically agree that TraumaEd.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that TraumaEd.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that TraumaEd.com is not responsible for any content sent using and/or included in the Service by any third party.

TraumaEd.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TraumaEd.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TraumaEd.com AND IT’S AUTHORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN POSTED INFORMATION NOR DOES TraumaEd.com MAKE ANY RECOMMENDATIONS AS TO THE CLINICAL APPLICATION OF SITE INFORMATION TO SPECIFIC PATIENT POPULATIONS. TraumaEd.com MUST NOT BE USED AS A SUBTITUTE FOR MEDICAL ADVISE NOR INDEPENDANT NURSING JUDGEMENT, STANDARDS OF CARE OR GOVERNING POLICIES AND PROCEEDURES. TraumaEd.com MUST NOT BE USED AS THE SINGLE SOURCE OF PROFESSIONAL INFORMATION

IN NO EVENT SHALL TraumaEd.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TraumaEd.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

7. INDEMNIFICATION

You agree to indemnify and hold TraumaEd.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

8. TERMINATION

TraumaEd.com may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. TraumaEd.com may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by TraumaEd.com. Upon termination of the Service, your right to use the Service immediately ceases.

If you wish to terminate your account, your only recourse is to discontinue the use of the Service.

TraumaEd.com shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

9. ACCREDITATION AND LICENSING REQUIREMENTS

It is the individual member’s responsibility to make sure they are conforming to the Continuing Education Requirements for their individual state, province, government or professional licensing board. Our online list is to be used as a reference only and it not intended to be absolutely complete. TraumaEd.com will not be held responsible in any way, shape or form for individual licensing requirements and it is the individual member’s responsibility to make sure they conform to their individual requirements and needs.

10. REFUNDS

TraumaEd.com wants our members to be happy and we want them to share information about TraumaEd.com with their friends and family. We realize that keeping happy customers is a very important concept to ANY business.

We value our member’s privacy and our website doesn’t contain nor keep track of our member’s credit card details. All transactions on TraumaEd.com are completely secure and do not leave the bank, the member enters their credit card information is via a secure private link to the bank directly.

TraumaEd.com will provide a refund of membership fees (less our administrative rate of 20%) assuming that no courses have been taken. An email request within 24 hours of initial signup is required to initiate the procedure for obtaining a refund. Within this request the member needs to provide TraumaEd.com with their authorization number, login or user ID, full name and date of membership. Refunds CANNOT be provided for users that have used the service and taken one or more courses.

11. NO SPAM

TraumaEd.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

12. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. TraumaEd.com shall not be responsible or liable for any part of any such dealings or promotions.

13. CE-BROKER

TraumaEd.com submits continuing education earned by Florida licensed nurses to the state contracted provider CE Broker electronically for paid subscribers. We do not upload partial months. Incomplete or incorrect registration information does not get uploaded. Then it would be the nurses or users/members responsibility to print and maintain the certificates in case of audit. It is imperative that the nurses/users/members license information is correct including but not limited to the profession, license number, complete name and address as listed on the nursing license. TraumaEd.com is not responsible for any submissions and or errors in submission. The information we have in our files is what gets sent to CE Broker. If it is incorrect it will not get submitted and we do not re-submit. The cut off is the end of the month. Any courses completed after the start of a new month will get submitted the beginning of the following month for paid subscribers.

14. PROPRIETARY RIGHTS TO CONTENT

You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by TraumaEd.com, or TraumaEd.com Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

15. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES

TraumaEd.com reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.

16. GENERAL

Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TraumaEd.com as a result of this agreement or use of the Service. TraumaEd.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TraumaEd.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by TraumaEd.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TraumaEd.com with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TraumaEd.com with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and TraumaEd.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.