This web site (the "Web Site") is a service made available by Tufts Health Care Institute, Inc. ("THCI"), and all content, information and software provided on or through the Web Site, including the online learning modules and assessment tools contained on this Web Site (collectively, the "Content"), may be used solely under the terms and conditions of this agreement. By using the Web Site, you are agreeing to be bound by the terms and conditions of this agreement. If you do not want to be bound by this agreement, please do not use the Web Site. THCI may change this agreement at any time. Those changes will be effective immediately upon posting of the modification(s) on the Web Site. The "last updated" date will always be prominently displayed at the top of this agreement. You agree to review this agreement from time-to-time to make sure that you are aware of any changes. Your continued use of the Web Site indicates your acceptance of the modified agreement.

Certain institutions contract with THCI to obtain customized access to the Web Site for persons who are enrolled in formal training programs at such institutions or otherwise associated with such institutions. If your access to the Web Site is provided to you by such an institution at which you are enrolled or with which you are otherwise associated, you will be given a special registration code that identifies you to THCI as being associated with that institution. Whenever you access the Web Site using that registration code, your use of the Web Site will be governed by the terms of the contract between THCI and the institution at which you are enrolled or with which you are otherwise associated, to the extent that such contract conflicts with the terms of this agreement.

      1. Limited License. THCI grants you a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site for your personal use only and not for commercial exploitation. THCI may terminate this license or deny you access to all or any part of the Web Site at any time for any reason. You may not rent, lease, loan, sell or sublicense the Web Site or any Content. You may not copy, download, store, modify, reproduce, republish, distribute, display, or transmit for any purpose (whether commercial, nonprofit or public) any Content without THCI's express prior written permission. You agree not to use or permit the use of the Web Site for any unlawful purpose. You may not authorize or permit any person to access or use the Web Site.

       2. Proprietary Rights. All right, title, and interest (including all copyrights and other intellectual property rights) in the Web Site and the Content (in both print and machine-readable forms) belong to THCI or its third party suppliers of materials. You acquire no proprietary interest in the Web Site or the Content, or copies thereof. You may not use the Web Site or the Content in any fashion that infringes the copyrights or proprietary interests therein. You may not remove or obscure the copyright notice or other notices contained in the Content.

      3. Disclaimer of Warranty. THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THCI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

       4. Limitation of Liability. A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Web Site or the Content, (b) the unavailability or interruption of the Web Site or the Content (or any part thereof), (c) your use of the Web Site or the Content (regardless of whether you received any assistance from a Covered Party in using the Web Site or the Content), or (d) your use of any equipment in connection with the Web Site or the Content. "Covered Party" means (a) THCI, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of THCI or its affiliates; and (b) each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Content or any of their affiliates. THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, 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 WEB SITE OR THE CONTENT OR THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED FOR ANY REASON, THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEB SITE OR THE CONTENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00), AND YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.

       5. Not Medical Advice. The Content is not intended to and does not constitute medical advice, nor is anything submitted to the Web Site treated as confidential (except to the extent described in the Privacy Statement posted on the Web Site). The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed.

      6. License of Your Content. By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) THCI a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.

       7. Third Party Content. Third party content may appear on the Web Site or may be accessible via links from the Web Site. THCI is not responsible for and assumes no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood, obscenity, or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of THCI.

       8. Registration. Certain sections of the Web Site require you to register. If registration is requested, you agree to provide THCI with accurate, complete registration information. It is your responsibility to inform THCI of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. THCI does not permit any other person using the registered sections under your name, or access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify THCI immediately.

      9. Additional Terms. Other provisions that govern your access to and use of the Web Site and the Content are set forth in the Privacy Statement, online descriptions of files, online notices following file selection, and individual documents retrieved from the Web Site, all of which are incorporated by reference into this agreement.

      10. General.

      (a) THCI may deliver notice to you under this agreement by means of electronic mail, a general notice on the Web Site or by written communication delivered by first class U. S. mail to your address on record in your THCI user information. You may give notice to THCI at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to THCI's address set forth below.

       (b) The failure of THCI to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement.

      (c) The provisions of this agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.

      (d) You may not assign your rights or delegate your duties under this agreement without the prior written consent of THCI.

      (e) This agreement shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts. The sole jurisdiction and venue for any litigation arising out of your access to or use of the Web Site or the Content shall be an appropriate federal or state court located in Massachusetts.

Contact Us

If you have any questions regarding this agreement, please contact THCI: