TERMS AND CONDITIONS
These terms and conditions of use are entered into by and between LeadingAge Minnesota Foundation (“LAMF”) and you personally and as the program (“You” or “Your” or “Yourself”). The following terms and conditions (“TOU”), govern Your access to and use of the contents of the OnTrack curriculum, materials, and resources provided by LAMF (collectively, the “Curriculum”).
- Acceptance of Terms and Conditions of Use. By accessing and using the Curriculum, You signify that (a) You have read these TOU (which include the LAMF Privacy Policy (the “Privacy Policy”)), (b) You acknowledge and accept You are solely responsible for the acts of Your employees, trainees, and associate’s regarding these TOU, (c) You accept and agree to be bound and abide by these TOU, and (d) these TOU have the same force and effect as a signed agreement. If You do not agree to these TOU, You must not access or use the Curriculum. These TOU may change from time to time. You have an affirmative duty, as part of the consideration for permission to access and use the Curriculum to keep Yourself informed of changes.
- Restrictions on Use. In Your active access or use of the Curriculum or after ceasing to access or use the Curriculum, You will not: copy, reproduce, download, distribute, share, stream, transmit, broadcast, display, sell, license, or otherwise exploit for any other purposes whatsoever any part of the Curriculum without the prior written consent of LAMF; alter, modify or make derivative works from any part of the Curriculum without the prior written authorization of LAMF; sell, sublicense, rent, lease, assign, or transfer Your account or login information to anyone; or create, recreate, advertise or distribute an index of any portion of the Curriculum unless authorized in writing by LAMF. If You copy or print pages of the Curriculum, You must retain all copyright and other proprietary notices contained therein.
- Intellectual Property. Everything You see, hear, or otherwise experience with the Curriculum, including but not limited to any graphics, videos, audio recordings, text, software, photographs, scripts, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Curriculum content, and the trademarks, service marks and logos contained therein (“Marks”), are owned or licensed by LAMF, subject to copyright and other intellectual property rights under United States and international laws and conventions. Any unauthorized use of any materials of the Curriculum or use of the Marks may violate copyright, trademark, and other laws. LAMF reserves all rights not expressly granted in and to the Curriculum and the Marks.
- Disclaimers. The Curriculum is for informational purposes only. The Curriculum is not intended to be a substitute for professional medical advice, education, training, diagnosis, or treatment. Reliance on any information provided by the Curriculum is solely at your own risk. You assume all risk of accessing, using, viewing, reading, using, or relying upon the Curriculum. Unless you have otherwise formed an express contract to the contrary with LAMF, You have no right to rely on any information contained herein as accurate. LAMF makes no such warranty about the Curriculum.
- Indemnification. You agree to indemnify, defend, and hold LAMF harmless from and against any and claim, loss, obligation, demand, damage, judgment, award, cost, liability, expense, and fee (including attorney’s fees and other professionals) in any claim, demand, action or proceeding initiated by any third-party against LAMF arising from any of Your acts, including without limitation violating this or any other agreement or any law.
- Limitations of Liability. Under no circumstances shall LAMF be liable to You or anyone else for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that result from the reliance upon the Curriculum, the performance of tasks or procedures within the Curriculum, or both.
- Survivability. All sections of these TOU shall survive the termination of agreement and remain in perpetuity.
- Integration and Severability. These TOU constitutes the entire agreement between You and LAMF regarding the use of the Curriculum. The failure of LAMF to exercise or enforce any right or provision of these TOU shall not operate as a waiver of such right or provision. Each provision of these TOU is severable from the whole, and if one provision is declared invalid, such provision shall be limited or eliminated to the minimum extent necessary so that these TOU shall remain in full force and effect.