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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this Site and this Service (as defined below), you are bound by the following Terms of Use, in accordance with our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Use).

In this Agreement, “you” and “yours” refers to ALLEGRA’s customers, prospective customers, and users of this website (“Site”). Reference to “we” or “our” means ALLEGRA Learning Solutions, LLC. Reference to “ALLEGRA” means ALLEGRA Learning Solutions, LLC, including any company that ALLEGRA controls (for example a subsidiary that it owns). For purposes of these Terms of Use, ALLEGRA’s Web sites include www.allegralearning.com. Any and all of our services are subject to this Agreement, which may be updated from time to time without prior notice to our customers. Any change of terms shall be binding and effective upon posting of the revised Agreement on our Site. In addition to this Agreement, specific services or information contained within this Site may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement between you and the respective owners and operators of the ALLEGRA professional Web sites to be bound by these Terms of Use.

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY CAPABLE OF ENTERING INTO A BINDING AGREEMENT. If you do not agree to all of these Terms of Use, do not use this Service.

We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Web site or infringes the rights of others.

SCOPE OF THESE TERMS OF USE

ALLEGRA may provide users with access to a wide variety of resources through their respective professional Web sites including, but not limited to, articles, reference tools, continuing education for health care professionals, communication tools, message boards and search services (collectively, the “Service”). ALLEGRA may have other Web sites that are covered by different terms of use. The terms of use for these other Web sites are available on the home page of each such Web site. The Service is intended for healthcare professionals.

INFORMATION

All of the information available through the Service is intended for educational purposes only, and for adults who are healthcare professionals. It is not meant to serve as a substitute for your own clinical judgment as a healthcare professional. It is not to be used for medical advice, diagnosis, or treatment. ALLEGRA does not provide health care advice. If you are a consumer who chooses to use the professional-level information available through the Service, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional.

For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or healthcare professional or, in serious cases, seek immediate assistance from emergency personnel. We don’t offer you warranties or guarantees related to the Service that we provide. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It is the user’s responsibility to evaluate the information and results from Service we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information made available or otherwise obtained through the Service with other sources before undertaking any treatment based on it. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional. The use of any information provided on this site is solely at your own risk. Certain health or medical material on this site may be of an explicit nature. Please do not use this site if you would find these materials offensive.

The use of the Service is at your own risk and the Service and the content are provided on as “AS IS” basis. Developments in health care research may impact the health information that appears here. While all information is extensively researched, no assurance can be given that the information contained in this site will always include the most recent findings or developments with respect to the particular material. Some information made available through the Service may be provided by users of the applicable Web site. ALLEGRA is not responsible for that information. Whether the information is provided by us, our licensors or a user of a Web site owned and operated by ALLEGRA, neither we nor our licensors are liable for any damages resulting from your use of the information made available through the Service. Although we are selective about the organizations we link to from our respective Web sites, we don’t assume any responsibility for any Web sites that are linked to or from the Service. While we welcome your feedback regarding the Service, we must make the final decisions about the content made available through the Service. You can use the “Contact Us” link on the home page of the applicable Web site to submit comments. If you are dissatisfied with the response you receive or with the content of the Service, your only remedy is to stop using the Service.

100% SATISFACTION GUARANTEE

If you have a concern about your product or your order, please contact us for a resolution BEFORE leaving feedback on this or any other site. We have a 100% satisfaction guarantee. Our reputation is important to us. We can solve any issue(s) prior to leaving feedback. For questions or concerns, please contact us.

PROPRIETARY RIGHTS

You acknowledge and agree that the Service and information, content and software presented to you through the Service or used in connection with the Service contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent the Service of any information presented to you through the Service, in whole or in part. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms of Use. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

PRIVACY POLICY

For information about ALLEGRA’s Privacy Policy, click here.

LINKING TO US

You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship of your Web site or service by us or by our Site. You must first ask our permission if you intend to frame our site, or online link, or incorporate pieces of it into a different site, service, or product in such a way that is not clear to our users that we are the source of the content, or incorporate into another Web site or service any of our material, content, or intellectual property.

You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impact on our reputation.

INFORMATION THAT YOU PROVIDE TO THE SERVICE

When you upload materials or information to areas of the Service that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information in connection with the Service.

We will consider requests to remove information that you make publicly available through the Service on an individual basis. For information and materials you upload to areas of the Service that are not publicly available, please see our Privacy Policy for an explanation of how we use that information and your rights to change or delete it. Do not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any content that we deem offensive or fraudulent at any time without your consent.

SITE REGISTRATION PROCESS

To access certain features of our Site, we may ask you to provide certain personal information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as discussion forums, blogs, photo- and video-sharing pages or social networking features, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address.

You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

RESPONSIBILITY FOR YOUR USER NAME AND PASSWORD

To use certain features of our Site, you will need a username and password, which you will receive through the Site’s registration process. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate, or to deny access to the Site or any features of the Site, to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our Web site or infringes the rights of others.We offer our users several tools to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. You are responsible for all activities that occur under your password or account (whether by you or by others). It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us of any need to deactivate a password, any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.

You grant us and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Service. We cannot and do not assume any responsibility or liability for any information you submit in connection with the Service, for your failure to protect your password or account information, or your or third parties’ use or misuse of information transmitted or received using the Service.

MEMBER CONDUCT WHEN USING SOCIAL MEDIA SERVICES

This Site may include a variety of features, such as email, a bulletin board, blogs, photo-and video-sharing pages, social networking features, or discussion forums (“Social Media Services”) that provide feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site. This Site also may include other features, such as personalized home pages and email services that allow users to communicate with third parties.

BY ACCESSING AND USING ANY SUCH FEATURES, YOU REPRESENT AND AGREE THAT:

  • You have read and agree to abide by our “Social Media Services” rules;
  • You are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material;
  • You are making your posting or submission with the express consent of anyone pictured in any material you post or submit;
  • You are an adult;
  • The materials will not violate the rights of, or cause injury to, any person or entity; and
  • You grant us a license to use the materials you post or submit via such features.

You are responsible for all communications, information, data, text, music, sound, graphics, messages and other material (“Content”) that you upload, post, transmit, email or otherwise distribute through a Social Media Services. ALLEGRA and its licensors are not responsible for the content of the messages, information, or files that you or others may transmit, post or otherwise provide on or through the site.

You are solely responsible for the consequences of the Content posted by you or any other party through Social Media Services and as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Web site, or a Community and Communication Service, you may be exposed to Content that is offensive or objectionable. In no event will ALLEGRA, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, transmitted, emailed or otherwise made available by you or by others using your username and password through a Community and Communication Service. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

When you use a Community and Communication Service, you agree not to:

  • Violate any applicable local, state, national, or international laws;
  • Post, upload, email, transmit or otherwise distribute any Content that infringes on the intellectual property rights, copyright, trademark, or patent of others or on the privacy or publicity rights of others;
  • Post, upload, email, transmit or otherwise distribute any Content that is unlawful, violent, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as we may determine in our sole discretion;
  • Harm minors in any way;
  • Post advertisements or solicitations of business;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through a Social Media Services;
  • Post, upload, email, transmit or otherwise distribute chain letters, pyramid schemes, unsolicited or unauthorized advertising or spam;
  • Impersonate another person or business entity or stalk or otherwise harass another person;
  • Post, upload, email, transmit or otherwise distribute viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware; or property of another;
  • Collect or store information about others, including email addresses, without their identification for posting or viewing comments;
  • Allow any other person or entity to use your identification for posting or viewing comments;
  • Interfere with or disrupt a Social Media Services or computers, networks or other hardware connected to a Social Media Services, or disregard any requirements or policies of networks connected to Social Media Services or computers, networks or other hardware;
  • Engage in any other conduct that restricts or inhibits any other person from using or enjoying a Social Media Services, or which, in our sole judgment, exposes ALLEGRA or any of our customers or suppliers to any liability or detriment of any type;
  • Fail to respect other users’ privacy. This includes revealing another user’s password, phone number, address, instant messenger I.D. or address or any other personally identifiable information;
  • Use the Web site/Services in any manner that could damage, disable, overburden or impair the Web site/Services or interfere with any other party’s use and enjoyment of the Web site/Services;
  • Attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Web site/Services through hacking, password mining, or any other means;
  • Create member names, or post solicit or send messages, text or photographs that are sexually explicit, that denigrate, threaten, abuse or harm others in any way; or
  • Upload, post, email or otherwise send any Content that you are not authorized to send under any law or contractual relationship. This includes proprietary and confidential information learned as part of employment relationships or under nondisclosure agreements, and any other inside information.

We may (but are not obligated) do any or all of the following without notice:

  • Record or pre-screen the dialogue in a public chat room;
  • Investigate an allegation that a communication does not conform to the terms of this section and determine in our sole discretion to remove or request the removal of the Content;
  • Remove Content which is abusive, objectionable, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
  • Terminate your access to any or all Social Media Services upon any breach of these Terms of Use; or
  • Edit Content.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that we may investigate your use of a Social Media Services in order to determine whether a violation of the Terms of Use has occurred or to comply with any applicable law, regulation, governmental request or legal process. You agree and acknowledge that the processing and transmission of a Social Media Services, including your Content, may involve transmissions over various networks and devices and necessary modifications as required for such transmissions.

OUR RIGHT TO USE MATERIALS YOU SUBMIT OR POST

When you submit or post any material via the Site, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose.

The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.

U.S. GOVERNMENT END USERS

If you are affiliated with the U.S. government, then you should know that the software and documentation available on our Web Sites are “commercial items,” as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 27.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.

DEALING WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

CHILDREN’S PRIVACY

We are committed to protecting the safety and privacy of children. ALLEGRA site(s) are designed and intended for use by adults, and are not intended for, or designed to be used by children. Parents who wish to allow their children access to and use of the Web site/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including, but not limited to, email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. We do not collect personally identifiable information from any person we know is a child.

SOFTWARE PRODUCTS

ALLEGRA may make some software and accompanying documentation available for downloading through the Service. These materials are the copyrighted work of ALLEGRA or companies that have licensed the software to ALLEGRA. We do not transfer any ownership rights in software or related documentation to you when you download it through the Service; rather, you are allowed to use the software and documentation under the terms of the license agreement. You must read this license agreement and indicate your agreement to those terms prior to downloading. You are not authorized to attempt to recreate or reverse engineer our software. In addition, some software available through the Service is subject to United States export controls. By downloading or using such software, you are representing to us that your download of such software complies with these controls.

CLINICAL TOOLS AND DATABASES

The Service includes clinical tools and databases intended for use by healthcare professionals. These tools do not give professional advice or recommend particular products. Healthcare professionals who use these tools or databases should exercise their own clinical judgment as to the information they provide. Consumers who use the tools or databases do so at their own risk. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users should always consult their physician or other qualified healthcare professional.

CLASSIFIED ADVERTISING

When you submit a classified ad for publication on the Site, you agree that the advertisement as it appears on the Site becomes our property and you assign all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole discretion. Rates and specifications for any advertisement are subject to change.

LAWS THAT GOVERN THIS AGREEMENT

ALLEGRA Learning Solutions, LLC, controls those components of the Service made available through their respective Web sites from their offices within the state of California in the United States of America. The Service can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the Service may differ, by accessing the Service, you agree that the statutes and laws of the state of California, without regard to choice of laws principles, will apply to all matters relating to use of the Service. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. ALLEGRA makes no representation that materials made available through the Service are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, Member Conduct, Proprietary Rights, Indemnity, Laws that Govern this agreement and Consequences.

ACCEPTANCE PROCEDURE

By accessing materials through the Service or registering you agree with all the terms and conditions of these Terms of Use. We reserve the right, in our sole discretion, to change these Terms of Use from time to time, and your continuing use of the Service constitutes your acceptance of and agreement to any changed terms and conditions.

CONSEQUENCES

ALLEGRA Learning may take any legal action we think is appropriate. If your violation of these Terms of Use causes harm to others, you agree to hold ALLEGRA Learning and our affiliates harmless against any liability for that harm. If there is any dispute between ALLEGRA Learning concerning these Terms of Use or your use of Services, you agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be California.

FEES

The Web site reserves the right at any time to charge fees for access to portions of the Web site or in the Web site as a whole. We reserve the right at any time to change the fees for any courses, certificate programs, or other products and services without notice. If you have already registered and paid for a product or service, your purchase price will be honored.

TERMINATION AND MODIFICATION

You agree that ALLEGRA, as applicable, may, under certain circumstances and without prior notice, modify, discontinue, temporarily or permanently, the Service (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Service with or without notice.

Cause for termination shall include, but not be limited to (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities.

You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD ALLEGRA, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS OF USE BY YOU OR ANY OTHER PERSON USING YOUR ACCOUNT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WE RESERVE THE RIGHT TO TAKE OVER THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU AGREE TO PROVIDE US WITH SUCH COOPERATION AS IS REASONABLY REQUESTED BY US.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES OF EVERY KIND AND TYPE (REGARDLESS OF WHETHER BASED IN CONTRACT OR TORT) EXCEED THE AMOUNT YOU PAID THE COMPANY FOR THE DIRECT SERVICE THAT CAUSED THE DAMAGE TO YOU.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, or any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site.

DISCLAIMERS

ALLEGRA, their respective officers, directors, employees, agents, affiliates, licensors, and suppliers take no responsibility for the timeliness of the information presented in the seminars, courses, on the Web site, or in the database. Information presented is deemed reliable and evidence-based, but not necessarily entirely current. The primary source materials included in our database are included only for the reference of the user.

ALLEGRA is not responsible if you do not complete your courses in a timely manner.

The Web site takes no responsibility for the accuracy of the information related to continuing nursing/health care requirements in any state/jurisdiction. Such information is provided only for the convenience of the user. Such requirements information is subject to change without notice, and each user should consult his or her professional association or state/regulatory agency.

Throughout our Site, we may have links and pointers to Web sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, quality, timeliness, reliability, or any other aspect of the products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on Web sites linked to by us on the Site.

The information, products and services offered on or through the site and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

The Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Your interactions with companies, organizations and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, ALLEGRA is under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Site.

If you make a purchase from a merchant on our Site, or on a third-party Web site that you have accessed via a link on our Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies.

In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Web site and click on its information links or contact the merchant directly.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site, and to purchase services or products through the Site, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

IN THE EVENT THAT ALLEGRA FAILS TO PROVIDE TRAINING IN ACCORDANCE WITH THESE TERMS, ALLEGRA’S ENTIRE LIABILITY AND THE CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF THESE TERMS SHALL BE FOR ALLEGRA TO USE ITS REASONABLE EFFORTS TO PROVIDE ANOTHER OPPORTUNITY FOR THE COURSE TO BE TAKEN ONLINE WITHIN A REASONABLE PERIOD OF TIME; IN THE EVENT ALLEGRA IS UNABLE TO PROVIDE THIS OPPORTUNITY, ALLEGRA MAY ELECT TO REFUND ALL PAYMENTS ACTUALLY RECEIVED BY ALLEGRA FROM CUSTOMER FOR THE COURSE(S) IN QUESTION, IN FULL SATISFACTION OF ALLEGRA’S OBLIGATIONS. SUCH REFUND SHALL CONSTITUTE ALLEGRA’S ENTIRE LIABILITY AND THE CUSTOMER’S EXCLUSIVE REMEDY FOR SUCH BREACH. IN NO EVENT SHALL THE AGGREGATE LIABILITY FOR DAMAGES OF ATTORNEY ALLEGRA, ITS EMPLOYEES OR AGENTS, ARISING FROM THESE TERMS WHETHER BY CONTRACT OR TORT EXCEED THE AMOUNTS CUSTOMER ACTUALLY PAID TO ALLEGRA TO THE EXTENT NOT PROHIBITED BY LAW. THE LIMITATIONS IN THIS SECTION SHALL APPLY TO PERSONAL INJURY AND DEATH.

REFUNDS FOR ONLINE COURSES

Refunds are available as long as the individual has not completed the course and received a completion certificate. Once an individual has completed the course and obtained a certificate of completion, no refunds will be issued. Refunds will only be issued if requested within 60 days of purchase. No refunds will be given after 60 days.

ADA ACCESSIBLE LEARNING ENVIRONMENTS

ALLEGRA Learning Solutions complies with Section 504 of the Rehabilitation Act of 1973 as amended, the Americans with Disabilities Act of 1990 as amended, and other applicable state and federal law prohibiting discrimination against individuals with disabilities. Conditions potentially covered by the law include, among other things, AIDS, Cancer, Cerebral Palsy, Diabetes, Epilepsy, head injuries, hearing impairments, specific learning disabilities, loss of limbs, Multiple Sclerosis, Muscular Dystrophy, psychiatric disorders, speech impairments, spinal cord injuries, and visual impairments.

ALLEGRA Learning students with disabilities may require specific accommodations. ALLEGRA Learning is committed to providing appropriate services and reasonable accommodations for students who need them based on the availability of ALLEGRA Learning resources. Students and parents/guardians are encouraged to contact ALLEGRA Learning regarding any disability accommodations.

Examples of specific accommodations for live events may include:

  • Accommodations for hearing impairments such as photocopies of lecture notes or written assignments.
  • Accommodations for visual impairment such as seating near the front of the class, large print handouts, and class assignments made available in electronic format.
  • Accommodation for specific learning disability and attention deficit hyperactivity disorder such as photocopies of lecture notes, extended time and/or a private test area.
  • Accommodations for mobility impairment such as locating classrooms in accessible locations.
  • Accommodations for psychiatric disabilities such as extended time on exams and/or a private test area.

If a learner is refused an accommodation that he/she believes is necessary, the student may contact us.

REFUNDS AND/OR CANCELLATIONS FOR LIVE EVENTS

Live event tuition is 100% refundable if a written notice is received greater than 30 days prior to the event. If the written request is made between 15-30 days prior to the event, a refund will be granted minus a $50 processing fee. If the refund is requested less than 14 days prior to the event, no refund will be granted. Attendee substitutions are allowed, but notification must be received in writing within two weeks of the event. After this date, under no circumstances will refunds, credits, or substitutions be granted. No refunds or credits will be given to “no shows.” If ALLEGRA Learning must cancel the workshop, registrants will receive a full refund or credit for the amount of the workshop toward another workshop or live event.

REPORTING OF CONTACT HOURS

As a service in those states that allow it, ALLEGRA may report completion of contact hours for classes completed. You are ultimately responsible for assuring that contact hours are received and registered by the appropriate state regulatory body. In no way is ALLEGRA responsible for mistakes in reporting, the late reporting of contact hours, or the failure to report contact hours to the appropriate state regulatory body.

WARRANTY

ALLEGRA makes no warranty that the Web site/Services will meet your requirements, that the functionality of the Web site/Services will be uninterrupted or error free, that defects will be corrected or that the Web site/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. Due to circumstances beyond our control, the Web site may not be available. In the event that the Web site does down, ALLEGRA takes no responsibility for contact hours that are reported late to the appropriate state regulatory body.

Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

NOTICE AND TAKE DOWN PROCEDURES AND COPYRIGHT AGENT

If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access thereto) from the Service by contacting the copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your contact information (including name, address, telephone number and (if available) e-mail address).
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.

THE AGENT FOR COPYRIGHT ISSUES RELATING TO THE SERVICE IS AS FOLLOWS:

ALLEGRA Learning Solutions, LLC 2604-B El Camino Real, Carlsbad, CA 92008—Phone—760-231-9678.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

COMPLETE AGREEMENT

Except as expressly provided in a particular “legal notice” on the Web Site, these Terms of Use constitutes the entire agreement between you and ALLEGRA with respect to your use (and prior use) of the Service including, without limitation, a Community and Communication Services and Content. It supersedes all previous and contemporaneous agreements, proposals and communications, written and oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern. This agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms of Use may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms of Use must be filed by you within one year after such claim or cause of action arose or be forever barred.

QUESTIONS OR CONCERNS ABOUT OUR TERMS OF USE

For questions or concerns about these terms of use, please contact us.