Terms of Use
FISDAP
TERMS AND CONDITIONS
THE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND JONES & BARTLETT LEARNING, LLC, ON BEHALF OF ITSELF AND ITS AFFILIATES, (“JB LEARNING”) AND GOVERN YOUR USE OF JB LEARNING ONLINE MATERIAL, INCLUDING, BUT NOT LIMITED TO, JB LEARNING COURSE CONTENT, RECORD KEEPING TOOLS, STUDY TOOLS, SKILLS TRACKING DEVICES, SCHEDULING TOOLS, AND TESTING AND ASSESSMENT RESOURCES (COLLECTIVELY REFERRED TO HEREIN AS “JB LEARNING ELEARNING COURSEWARE”) MADE AVAILABLE TO YOU BY JB LEARNING’S ONLINE ELEARNING SERVICES (“JB LEARNING ELEARNING SERVICES”). YOU MUST AGREE TO THESE TERMS BEFORE ACCESSING ANY JB LEARNING ELEARNING COURSEWARE. TO AGREE TO THESE TERMS, CLICK “AGREE.” YOU REPRESENT THAT YOU HAVE SUFFICIENT LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” DO NOT ACCESS ANY JB LEARNING ELEARNING COURSEWARE, AND CONTACT JB LEARNING CUSTOMER SERVICE FOR A REFUND OF AMOUNTS YOU PAID TO JB LEARNING FOR USE OF THE JB LEARNING ELEARNING COURSEWARE THAT YOU NO LONGER DESIRE TO ACCESS AND USE.
YOUR JB Learning ACCOUNT
Upon your purchase, or a purchase by your school or institution, of JB Learning Elearning Courseware, JB Learning provided you with an access code which must be redeemed by you upon your agreement to these terms and conditions in order to access your JB Learning Elearning Courseware. When you click “Agree,” below, you will be directed to JB Learning’s account information page to establish your account (“Account”). You agree to provide accurate information when you redeem your access code and register your Account with JB Learning and you agree to permit JB Learning to store and use your registration data for use in maintaining your Account. You agree to notify JB Learning of any changes in your personal or registration information that you submitted to JB Learning. You agree to protect your username and password, as well as any access codes and product codes provided by JB Learning, and not share them with others or permit any unauthorized use of JB Learning Elearning Courseware or JB Learning Elearning Services. If you have reason to believe that someone is using your account without your permission, you should contact JB Learning immediately. JB Learning will not be responsible to you or any third party for any loss or damage resulting from your failure to notify JB Learning of unauthorized use or from your allowing others to use and/or not adequately protecting your password, access codes, or your Account with JB Learning. By establishing an Account, you certify and represent that any exam, test, assessment, record keeping tool, skills tracking device, scheduling tools or other interactive tool offered through JB Learning Elearning Courseware will be completed and utilized only by you and you will not permit any other person to falsely answer exam, test, and assessment questions under your name. You understand and agree that any false, misleading, or fraudulent activity committed by you in connection with your use of JB Learning Elearning Courseware may result in invalidation of your scores and records stored on JB Learning Elearning Courseware, immediate suspension or termination of your access to JB Learning Elearning Courseware, and disciplinary action by your school or institution consistent with their policies. You understand and agree that JB Learning will report any suspected fraud or testing misconduct to your school or institution and/or to law enforcement authorities and will pursue any action reasonably necessary to protect student and school records and the integrity of the JB Learning Elearning Courseware product. You agree to use JB Learning Elearning Courseware and JB Learning Elearning Services only as permitted under this Agreement. If you are located outside of the United States, you consent to the transfer of your personal information into the United States. You agree that, except for data stored on JB Learning Elearning Courseware which comprises your student record to which you are entitled access under applicable law, you will not disclose any portion of JB Learning Elearning Courseware to any other person or entity, as JB Learning Elearning Courseware contains the confidential and proprietary material of JB Learning and doing so would result in serious financial harm to JB Learning, for which you may be held personally liable. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use JB Learning Elearning Courseware and JB Learning Elearning Services.
INTELLECTUAL PROPERTY
You understand and agree that JB Learning Elearning Courseware and JB Learning Elearning Services each constitute intellectual property and proprietary material that is owned by JB Learning or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by JB Learning and its licensors. Jones & Bartlett Learning, LLC, FISDAP, and other Jones & Bartlett Learning, LLC trademarks, service marks, graphics, and logos used in connection with the JB Learning Elearning Courseware and JB Learning Elearning Services are trademarks or registered trademarks of Jones and Bartlett Learning, LLC in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the JB Learning Elearning Courseware and JB Learning Elearning Services may be the trademarks of their respective owners. JB Learning and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos and you are expressly prohibited from using the same without written permission from the applicable owner.
LICENSE TERMS
JB Learning Elearning Courseware made available to you through JB Learning Elearning Services is licensed, and not sold, to you or to the school or institution with whom your JB Learning Elearning Courseware use is affiliated, subject to the terms of this Agreement and timely payment of any fees due and payable to JB Learning. If you have independently paid JB Learning for the use of JB Learning Elearning Courseware and JB Learning Elearning Services, the aforementioned license is granted to you. Your license to use JB Learning Elearning Courseware is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each JB Learning Elearning Courseware, including any updates or enhancements, that you access through use of your access code and/or username and password. You are not authorized to assign or transfer this license or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, JB Learning grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the JB Learning Elearning Courseware or JB Learning Elearning Services (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the JB Learning Elearning Courseware or JB Learning Elearning Services). All information you input into the JB Learning Elearning Courseware shall be de-identified for purposes of the Health Insurance Portability and Accountability Act. You agree to use JB Learning Elearning Courseware and JB Learning Elearning Services only as permitted under this Agreement. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use JB Learning Elearning Courseware and JB Learning Elearning Services. If JB Learning reasonably suspects that you have violated this Agreement, or if fees due and payable to JB Learning by you or your school or institution have not been paid then, without notice to you, JB Learning may terminate this Agreement, the license, and your account and deny you further access to JB Learning Elearning Courseware and JB Learning Elearning Services. Upon termination of your school’s or institution’s JB Learning Elearning Courseware license, or your individual license of you have directly paid JB Learning, you shall cease all use of the JB Learning Elearning Courseware and JB Learning Elearning Services and remain liable for paying all amounts that may be due and payable by you to JB Learning under this Agreement, if any. JB Learning reserves the right to modify, suspend, remove, or disable access to any JB Learning Elearning Courseware or JB Learning Elearning Services at any time without notice and in no event will JB Learning be liable for making any such changes.
USE OF DATA
Before establishing an Account with JB Learning, you are required to agree to the following terms around use of certain data, as described below:
Your Learning Data: You understand and agree that, in the course of your use of JB Learning Elearning Courseware, you (and your school or institution, if your use of JB Learning Elearning Courseware is affiliated with a school or institution) will submit personal and identifiable data regarding you and your individual use of JB Learning Elearning Courseware, which may include, but not be limited to, your academic performance and student record, your individual grades and scores, instructor feedback and comment, your personal learning behaviors, and various metrics related to your learning of particular subject matters made available through JB Learning Elearning Courseware (“Your Learning Data”). You understand and agree that JB Learning, through JB Learning Elearning Courseware, will collect, maintain, process, have access to, and use Your Learning Data to (i) confirm your identity to ensure only authorized users are accessing JB Learning Elearning Courseware and for general JB Learning Elearning Courseware security, (ii) analyze and provide certain information about your learning and academic performance to you, the school or institution with whom your JB Learning Elearning Courseware use is affiliated, your instructor(s) from said school or institution, and clinical sites to which you have access, (iii) provide technical support to you and your school or institution on JB Learning Elearning Courseware, and (iv) generate reports and analytics for use by you, your school or institution, and your instructor(s) regarding your learning and academic performance and/or the learning and academic performance of an entire class or classes at your school or institution. You understand and agree that, JB Learning reserves the right to continued use of all General JB Learning Elearning Courseware Data and School Metrics, as defined below, without specific, identifiable reference to you or Your Learning Data.
General JB Learning Elearning Courseware Data: You also understand and agree that, through JB Learning Elearning Courseware and the use of other third party software, JB Learning may collect diagnostic, technical, and general JB Learning Elearning Courseware usage information that is gathered, de-identified, and made anonymous, to (i) facilitate JB Learning’s product support and software development, and improve JB Learning Elearning Courseware, (ii) verify compliance with license terms, (iii) monitor, record, and report information about JB Learning Elearning Courseware user activity and engagement with the JB Learning Elearning Courseware sites and modules, and (iv) collect information around device use, JB Learning Elearning Courseware site volume and load, and user results in connection with certain JB Learning Elearning Courseware features or material (“General JB Learning Elearning Courseware Data”).
Aggregate School Metrics: Your Learning Data and General JB Learning Elearning Courseware Data may also be used in the aggregate, anonymous, and de-identified by JB Learning for benchmarking analytics and general metrics about your school’s or institution’s performance as compared to other schools and institutions and other JB Learning customers (“School Metrics”).
You understand and agree that JB Learning may share various types of aggregated and anonymous, de-identified data described above with third parties, provided however, in no event will JB Learning share any personally identifiable information about you with any third party (other than the school or institution with whom your JB Learning Elearning Courseware use is affiliated, and JB Learning contractors for whom JB Learning remains fully responsible) without your express consent to such disclosure.
By clicking the “I Agree” button below, as part of agreeing to the terms and conditions in this Agreement, you are also providing your express consent to JB Learning’s and its affiliates’ collection, use, maintenance, reporting, and processing of Your Learning Data, General JB Learning Elearning Courseware Data, and School Metrics, as described herein.
COMPLIANCE WITH LAWS; EXPORT
You agree to comply with all applicable federal, state, provincial, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of JB Learning Elearning Courseware and JB Learning Elearning Services. You will not use the JB Learning Elearning Courseware and JB Learning Elearning Services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export the JB Learning Elearning Courseware except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. JB Learning Elearning Courseware may not be exported into any U.S. embargoed countries or to anyone on the U.S. Government’s list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
GOVERNMENT USE
JB Learning Elearning Courseware and JB Learning Elearning Services were developed using private funds and are “Commercial Items” as defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation.” Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
USE OF LINKS
JB Learning may include material from third parties or include links to third party websites in its JB Learning Elearning Courseware. Such material is provided as a convenience to you and JB Learning assumes no liability or responsibility for such third party materials or websites.
CONTINUING EDUCATION CREDITS
If you are accessing JB Learning ELearning Courseware and related Services in connection with receiving continuing education units or credits, you understand and agree that your information will be transferred to third parties for purposes of issuance of such units or credits and maintenance of related records.
DISCLAIMER OF WARRANTIES
JB LEARNING ELEARNING COURSEWARE AND JB LEARNING ELEARNING SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND JB LEARNING AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE JB LEARNING ELEARNING COURSEWARE AND JB LEARNING ELEARNING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY JB LEARNING EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR MODIFY THIS SECTION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILTY TO USE, JB LEARNING ELEARNING COURSEWARE AND JB LEARNING ELEARNING SERVICES IS AT YOUR SOLE RISK. JB LEARNING AND ITS LICENSORS DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN JB LEARNING ELEARNING COURSEWARE. JB LEARNING TAKES PRECAUTIONS TO PROTECT JB LEARNING ELEARNING COURSEWARE AND JB LEARNING ELEARNING SERVICES, BUT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. JB LEARNING AND ITS LICENSORS DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF JB LEARNING ELEARING COURSEWARE OR JB LEARNING ELEARNING SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
JB Learning Elearning Courseware is designed to provide accurate and authoritative information and recommendations in regard to the subject matter covered and JB Learning uses reasonable efforts to provide accurate information. Notwithstanding the foregoing, JB LEARNING AND ITS LICENSORS MAKE NO WARRANTY OR GUARANTY AS TO, AND ASSUME NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, OR COMPLETENESS OF INFORMATION OR RECOMMENDATIONS MADE IN JB LEARNING ELEARNING COURSEWARE, OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF JB LEARNING ELEARNING COURSEWARE. JB Learning Elearning Courseware may provide information, guidance, and recommendations related to a variety of subject matters, including but not limited to, medical treatment, emergency care, drugs, medical devices, and side effects; however, research, clinical practice, and government regulations often change the accepted standards and it is solely your responsibility, and not the responsibility of JB Learning, to determine appropriate medical treatment, the use of any drug in the clinical setting, and for determining FDA status of a drug, reading the package insert, and reviewing prescribing information for the most up-to-date recommendations on dose, precautions, and contraindications, and determining the appropriate usage for a product. This is especially important in the case of drugs that are new or seldom used. Any procedures and protocols noted in JB Learning Elearning Courseware are based on current recommendations of responsible sources; however, you understand that other or additional measures may be required under particular circumstances. JB Learning Elearning Courseware is intended solely as a guide and is not intended to be used for actual medical treatment or as a statement of the standards of care required in any particular situation, because circumstances and patients' physical conditions can vary widely from one set of circumstances to another. Nor is it intended that JB Learning Elearning Courseware shall in any way advise personnel concerning legal authority to perform the activities or procedures discussed. You should make such determination only with the aid of legal counsel. Similarly, statements and opinions in JB Learning Elearning Courseware are provided as guidelines only and should not be construed as official policy and JB LEARNING AND ITS LICENSORS EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN IN RELIANCE ON THESE STATEMENTS OR OPINIONS. JB Learning Elearning Courseware is provided to you with the understanding that JB Learning is not rendering to you any legal, accounting, or other professional service or advice. If legal advice or other expert assistance is required, the service of a competent professional should be sought.
LIMITATION OF LIABILITY
IN NO EVENT WILL JONES & BARTLETT LEARNING, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE JB LEARNING ELEARNING COURSEWARE AND JB LEARNING ELEARNING SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, JB LEARNING’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall JB Learning’s and its Licensor’s total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
INDEMNIFICATION
By accepting this Agreement and using the JB Learning Elearning Courseware and JB Learning Elearning Services, you agree that you will indemnify and hold JB Learning, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, any Malicious and Unlawful Activity by you, your use of the JB Learning Elearning Courseware and JB Learning Elearning Services, or any action taken by JB Learning to protect its intellectual property, including, but not limited to, suspension or termination of your access to JB Learning Elearning Courseware and JB Learning Elearning Services.
MISCELLANEOUS
JB Learning reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately and will govern your continued use of JB Learning Elearning Courseware and JB Learning Elearning Services, provided, however, JB Learning will not alter any consent previously provided by you regarding use of your personal information or data unless you expressly provide updated consent.
This Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the Commonwealth of Massachusetts. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No JB Learning employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement.
If you are in Canada, JB Learning and you confirm that it is their wish that this document and all other related documents be drawn up in English. (Translation in French: JB Learning et vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.) Notwithstanding anything to the contrary herein, your use of JB Learning Elearning Courseware and JB Learning Elearning Services shall be subject to all required provincial laws applicable to JB Learning regarding data use and data privacy.
This Agreement is the entire and exclusive agreement between JB Learning and you regarding your use of JB Learning Elearning Courseware and JB Learning Elearning Services and replaces any prior agreements between you and JB Learning regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. JB Learning’s failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. JB Learning is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of JB Learning’s control.
JB Learning reserves the right to take steps JB Learning believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that JB Learning has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as JB Learning believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to JB Learning's right to cooperate with any legal process relating to your use of the JB Learning Elearning Services and/or JB Learning Elearning Courseware, and/or a third-party claim that your use of the JB Learning Elearning Services and/or JB Learning Elearning Courseware is unlawful and/or infringes such third party's rights).
PRIVACY POLICY
Your use of JB Learning Elearning Courseware and JB Learning Elearning Services are subject to JB Learning’s Privacy Policy at https://members.fisdap.net/privacy and JB Learning’s website Terms of Use at https://members.fisdap.net/terms. In the event of any conflict between the terms in JB Learning’s website Privacy Policy or Terms of Use and these FISDAP Terms and Conditions, these FISDAP Terms and Conditions shall apply with respect to your use of JB Learning Elearning Courseware and JB Learning Elearning Services.
Last updated November 2015
If you setup your account before March 27 2013, your terms of use can be found here.
TERMS AND CONDITIONS
THE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND JONES & BARTLETT LEARNING, LLC, ON BEHALF OF ITSELF AND ITS AFFILIATES, (“JB LEARNING”) AND GOVERN YOUR USE OF JB LEARNING ONLINE MATERIAL, INCLUDING, BUT NOT LIMITED TO, JB LEARNING COURSE CONTENT, RECORD KEEPING TOOLS, STUDY TOOLS, SKILLS TRACKING DEVICES, SCHEDULING TOOLS, AND TESTING AND ASSESSMENT RESOURCES (COLLECTIVELY REFERRED TO HEREIN AS “JB LEARNING ELEARNING COURSEWARE”) MADE AVAILABLE TO YOU BY JB LEARNING’S ONLINE ELEARNING SERVICES (“JB LEARNING ELEARNING SERVICES”). YOU MUST AGREE TO THESE TERMS BEFORE ACCESSING ANY JB LEARNING ELEARNING COURSEWARE. TO AGREE TO THESE TERMS, CLICK “AGREE.” YOU REPRESENT THAT YOU HAVE SUFFICIENT LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” DO NOT ACCESS ANY JB LEARNING ELEARNING COURSEWARE, AND CONTACT JB LEARNING CUSTOMER SERVICE FOR A REFUND OF AMOUNTS YOU PAID TO JB LEARNING FOR USE OF THE JB LEARNING ELEARNING COURSEWARE THAT YOU NO LONGER DESIRE TO ACCESS AND USE.
YOUR JB Learning ACCOUNT
Upon your purchase, or a purchase by your school or institution, of JB Learning Elearning Courseware, JB Learning provided you with an access code which must be redeemed by you upon your agreement to these terms and conditions in order to access your JB Learning Elearning Courseware. When you click “Agree,” below, you will be directed to JB Learning’s account information page to establish your account (“Account”). You agree to provide accurate information when you redeem your access code and register your Account with JB Learning and you agree to permit JB Learning to store and use your registration data for use in maintaining your Account. You agree to notify JB Learning of any changes in your personal or registration information that you submitted to JB Learning. You agree to protect your username and password, as well as any access codes and product codes provided by JB Learning, and not share them with others or permit any unauthorized use of JB Learning Elearning Courseware or JB Learning Elearning Services. If you have reason to believe that someone is using your account without your permission, you should contact JB Learning immediately. JB Learning will not be responsible to you or any third party for any loss or damage resulting from your failure to notify JB Learning of unauthorized use or from your allowing others to use and/or not adequately protecting your password, access codes, or your Account with JB Learning. By establishing an Account, you certify and represent that any exam, test, assessment, record keeping tool, skills tracking device, scheduling tools or other interactive tool offered through JB Learning Elearning Courseware will be completed and utilized only by you and you will not permit any other person to falsely answer exam, test, and assessment questions under your name. You understand and agree that any false, misleading, or fraudulent activity committed by you in connection with your use of JB Learning Elearning Courseware may result in invalidation of your scores and records stored on JB Learning Elearning Courseware, immediate suspension or termination of your access to JB Learning Elearning Courseware, and disciplinary action by your school or institution consistent with their policies. You understand and agree that JB Learning will report any suspected fraud or testing misconduct to your school or institution and/or to law enforcement authorities and will pursue any action reasonably necessary to protect student and school records and the integrity of the JB Learning Elearning Courseware product. You agree to use JB Learning Elearning Courseware and JB Learning Elearning Services only as permitted under this Agreement. If you are located outside of the United States, you consent to the transfer of your personal information into the United States. You agree that, except for data stored on JB Learning Elearning Courseware which comprises your student record to which you are entitled access under applicable law, you will not disclose any portion of JB Learning Elearning Courseware to any other person or entity, as JB Learning Elearning Courseware contains the confidential and proprietary material of JB Learning and doing so would result in serious financial harm to JB Learning, for which you may be held personally liable. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use JB Learning Elearning Courseware and JB Learning Elearning Services.
INTELLECTUAL PROPERTY
You understand and agree that JB Learning Elearning Courseware and JB Learning Elearning Services each constitute intellectual property and proprietary material that is owned by JB Learning or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by JB Learning and its licensors. Jones & Bartlett Learning, LLC, FISDAP, and other Jones & Bartlett Learning, LLC trademarks, service marks, graphics, and logos used in connection with the JB Learning Elearning Courseware and JB Learning Elearning Services are trademarks or registered trademarks of Jones and Bartlett Learning, LLC in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the JB Learning Elearning Courseware and JB Learning Elearning Services may be the trademarks of their respective owners. JB Learning and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos and you are expressly prohibited from using the same without written permission from the applicable owner.
LICENSE TERMS
JB Learning Elearning Courseware made available to you through JB Learning Elearning Services is licensed, and not sold, to you or to the school or institution with whom your JB Learning Elearning Courseware use is affiliated, subject to the terms of this Agreement and timely payment of any fees due and payable to JB Learning. If you have independently paid JB Learning for the use of JB Learning Elearning Courseware and JB Learning Elearning Services, the aforementioned license is granted to you. Your license to use JB Learning Elearning Courseware is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each JB Learning Elearning Courseware, including any updates or enhancements, that you access through use of your access code and/or username and password. You are not authorized to assign or transfer this license or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, JB Learning grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the JB Learning Elearning Courseware or JB Learning Elearning Services (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the JB Learning Elearning Courseware or JB Learning Elearning Services). All information you input into the JB Learning Elearning Courseware shall be de-identified for purposes of the Health Insurance Portability and Accountability Act. You agree to use JB Learning Elearning Courseware and JB Learning Elearning Services only as permitted under this Agreement. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use JB Learning Elearning Courseware and JB Learning Elearning Services. If JB Learning reasonably suspects that you have violated this Agreement, or if fees due and payable to JB Learning by you or your school or institution have not been paid then, without notice to you, JB Learning may terminate this Agreement, the license, and your account and deny you further access to JB Learning Elearning Courseware and JB Learning Elearning Services. Upon termination of your school’s or institution’s JB Learning Elearning Courseware license, or your individual license of you have directly paid JB Learning, you shall cease all use of the JB Learning Elearning Courseware and JB Learning Elearning Services and remain liable for paying all amounts that may be due and payable by you to JB Learning under this Agreement, if any. JB Learning reserves the right to modify, suspend, remove, or disable access to any JB Learning Elearning Courseware or JB Learning Elearning Services at any time without notice and in no event will JB Learning be liable for making any such changes.
USE OF DATA
Before establishing an Account with JB Learning, you are required to agree to the following terms around use of certain data, as described below:
Your Learning Data: You understand and agree that, in the course of your use of JB Learning Elearning Courseware, you (and your school or institution, if your use of JB Learning Elearning Courseware is affiliated with a school or institution) will submit personal and identifiable data regarding you and your individual use of JB Learning Elearning Courseware, which may include, but not be limited to, your academic performance and student record, your individual grades and scores, instructor feedback and comment, your personal learning behaviors, and various metrics related to your learning of particular subject matters made available through JB Learning Elearning Courseware (“Your Learning Data”). You understand and agree that JB Learning, through JB Learning Elearning Courseware, will collect, maintain, process, have access to, and use Your Learning Data to (i) confirm your identity to ensure only authorized users are accessing JB Learning Elearning Courseware and for general JB Learning Elearning Courseware security, (ii) analyze and provide certain information about your learning and academic performance to you, the school or institution with whom your JB Learning Elearning Courseware use is affiliated, your instructor(s) from said school or institution, and clinical sites to which you have access, (iii) provide technical support to you and your school or institution on JB Learning Elearning Courseware, and (iv) generate reports and analytics for use by you, your school or institution, and your instructor(s) regarding your learning and academic performance and/or the learning and academic performance of an entire class or classes at your school or institution. You understand and agree that, JB Learning reserves the right to continued use of all General JB Learning Elearning Courseware Data and School Metrics, as defined below, without specific, identifiable reference to you or Your Learning Data.
General JB Learning Elearning Courseware Data: You also understand and agree that, through JB Learning Elearning Courseware and the use of other third party software, JB Learning may collect diagnostic, technical, and general JB Learning Elearning Courseware usage information that is gathered, de-identified, and made anonymous, to (i) facilitate JB Learning’s product support and software development, and improve JB Learning Elearning Courseware, (ii) verify compliance with license terms, (iii) monitor, record, and report information about JB Learning Elearning Courseware user activity and engagement with the JB Learning Elearning Courseware sites and modules, and (iv) collect information around device use, JB Learning Elearning Courseware site volume and load, and user results in connection with certain JB Learning Elearning Courseware features or material (“General JB Learning Elearning Courseware Data”).
Aggregate School Metrics: Your Learning Data and General JB Learning Elearning Courseware Data may also be used in the aggregate, anonymous, and de-identified by JB Learning for benchmarking analytics and general metrics about your school’s or institution’s performance as compared to other schools and institutions and other JB Learning customers (“School Metrics”).
You understand and agree that JB Learning may share various types of aggregated and anonymous, de-identified data described above with third parties, provided however, in no event will JB Learning share any personally identifiable information about you with any third party (other than the school or institution with whom your JB Learning Elearning Courseware use is affiliated, and JB Learning contractors for whom JB Learning remains fully responsible) without your express consent to such disclosure.
By clicking the “I Agree” button below, as part of agreeing to the terms and conditions in this Agreement, you are also providing your express consent to JB Learning’s and its affiliates’ collection, use, maintenance, reporting, and processing of Your Learning Data, General JB Learning Elearning Courseware Data, and School Metrics, as described herein.
COMPLIANCE WITH LAWS; EXPORT
You agree to comply with all applicable federal, state, provincial, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of JB Learning Elearning Courseware and JB Learning Elearning Services. You will not use the JB Learning Elearning Courseware and JB Learning Elearning Services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export the JB Learning Elearning Courseware except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. JB Learning Elearning Courseware may not be exported into any U.S. embargoed countries or to anyone on the U.S. Government’s list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
GOVERNMENT USE
JB Learning Elearning Courseware and JB Learning Elearning Services were developed using private funds and are “Commercial Items” as defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation.” Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
USE OF LINKS
JB Learning may include material from third parties or include links to third party websites in its JB Learning Elearning Courseware. Such material is provided as a convenience to you and JB Learning assumes no liability or responsibility for such third party materials or websites.
CONTINUING EDUCATION CREDITS
If you are accessing JB Learning ELearning Courseware and related Services in connection with receiving continuing education units or credits, you understand and agree that your information will be transferred to third parties for purposes of issuance of such units or credits and maintenance of related records.
DISCLAIMER OF WARRANTIES
JB LEARNING ELEARNING COURSEWARE AND JB LEARNING ELEARNING SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND JB LEARNING AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE JB LEARNING ELEARNING COURSEWARE AND JB LEARNING ELEARNING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY JB LEARNING EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR MODIFY THIS SECTION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILTY TO USE, JB LEARNING ELEARNING COURSEWARE AND JB LEARNING ELEARNING SERVICES IS AT YOUR SOLE RISK. JB LEARNING AND ITS LICENSORS DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN JB LEARNING ELEARNING COURSEWARE. JB LEARNING TAKES PRECAUTIONS TO PROTECT JB LEARNING ELEARNING COURSEWARE AND JB LEARNING ELEARNING SERVICES, BUT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. JB LEARNING AND ITS LICENSORS DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF JB LEARNING ELEARING COURSEWARE OR JB LEARNING ELEARNING SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
JB Learning Elearning Courseware is designed to provide accurate and authoritative information and recommendations in regard to the subject matter covered and JB Learning uses reasonable efforts to provide accurate information. Notwithstanding the foregoing, JB LEARNING AND ITS LICENSORS MAKE NO WARRANTY OR GUARANTY AS TO, AND ASSUME NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, OR COMPLETENESS OF INFORMATION OR RECOMMENDATIONS MADE IN JB LEARNING ELEARNING COURSEWARE, OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF JB LEARNING ELEARNING COURSEWARE. JB Learning Elearning Courseware may provide information, guidance, and recommendations related to a variety of subject matters, including but not limited to, medical treatment, emergency care, drugs, medical devices, and side effects; however, research, clinical practice, and government regulations often change the accepted standards and it is solely your responsibility, and not the responsibility of JB Learning, to determine appropriate medical treatment, the use of any drug in the clinical setting, and for determining FDA status of a drug, reading the package insert, and reviewing prescribing information for the most up-to-date recommendations on dose, precautions, and contraindications, and determining the appropriate usage for a product. This is especially important in the case of drugs that are new or seldom used. Any procedures and protocols noted in JB Learning Elearning Courseware are based on current recommendations of responsible sources; however, you understand that other or additional measures may be required under particular circumstances. JB Learning Elearning Courseware is intended solely as a guide and is not intended to be used for actual medical treatment or as a statement of the standards of care required in any particular situation, because circumstances and patients' physical conditions can vary widely from one set of circumstances to another. Nor is it intended that JB Learning Elearning Courseware shall in any way advise personnel concerning legal authority to perform the activities or procedures discussed. You should make such determination only with the aid of legal counsel. Similarly, statements and opinions in JB Learning Elearning Courseware are provided as guidelines only and should not be construed as official policy and JB LEARNING AND ITS LICENSORS EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN IN RELIANCE ON THESE STATEMENTS OR OPINIONS. JB Learning Elearning Courseware is provided to you with the understanding that JB Learning is not rendering to you any legal, accounting, or other professional service or advice. If legal advice or other expert assistance is required, the service of a competent professional should be sought.
LIMITATION OF LIABILITY
IN NO EVENT WILL JONES & BARTLETT LEARNING, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE JB LEARNING ELEARNING COURSEWARE AND JB LEARNING ELEARNING SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, JB LEARNING’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall JB Learning’s and its Licensor’s total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
INDEMNIFICATION
By accepting this Agreement and using the JB Learning Elearning Courseware and JB Learning Elearning Services, you agree that you will indemnify and hold JB Learning, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, any Malicious and Unlawful Activity by you, your use of the JB Learning Elearning Courseware and JB Learning Elearning Services, or any action taken by JB Learning to protect its intellectual property, including, but not limited to, suspension or termination of your access to JB Learning Elearning Courseware and JB Learning Elearning Services.
MISCELLANEOUS
JB Learning reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately and will govern your continued use of JB Learning Elearning Courseware and JB Learning Elearning Services, provided, however, JB Learning will not alter any consent previously provided by you regarding use of your personal information or data unless you expressly provide updated consent.
This Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the Commonwealth of Massachusetts. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No JB Learning employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement.
If you are in Canada, JB Learning and you confirm that it is their wish that this document and all other related documents be drawn up in English. (Translation in French: JB Learning et vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.) Notwithstanding anything to the contrary herein, your use of JB Learning Elearning Courseware and JB Learning Elearning Services shall be subject to all required provincial laws applicable to JB Learning regarding data use and data privacy.
This Agreement is the entire and exclusive agreement between JB Learning and you regarding your use of JB Learning Elearning Courseware and JB Learning Elearning Services and replaces any prior agreements between you and JB Learning regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. JB Learning’s failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. JB Learning is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of JB Learning’s control.
JB Learning reserves the right to take steps JB Learning believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that JB Learning has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as JB Learning believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to JB Learning's right to cooperate with any legal process relating to your use of the JB Learning Elearning Services and/or JB Learning Elearning Courseware, and/or a third-party claim that your use of the JB Learning Elearning Services and/or JB Learning Elearning Courseware is unlawful and/or infringes such third party's rights).
PRIVACY POLICY
Your use of JB Learning Elearning Courseware and JB Learning Elearning Services are subject to JB Learning’s Privacy Policy at https://members.fisdap.net/privacy and JB Learning’s website Terms of Use at https://members.fisdap.net/terms. In the event of any conflict between the terms in JB Learning’s website Privacy Policy or Terms of Use and these FISDAP Terms and Conditions, these FISDAP Terms and Conditions shall apply with respect to your use of JB Learning Elearning Courseware and JB Learning Elearning Services.
Last updated November 2015
If you setup your account before March 27 2013, your terms of use can be found here.