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Terms of Use

 International Clinical Educators
Terms of Use

Last updated October 3, 2023

Agreement to Terms

International Clinical Educators provides access to real world video content and related documentation (in pdf and other file formats) (“Digital Content”) intended to inspire clinical excellence for use in education in healthcare fields.  The Digital Content is made available only through streaming content directly and is not available for download, copy or reproduction of any kind.

These Terms of Use (“Terms”) is a legal agreement between you and International Clinical Educators (“ICE Learning Center,” “we,” “us,” or “our”) that governs your use of www.icelearningcenter.com, www.icelearningcentre.com, videos.icelearningcenter.com, faculty.learningcenter.com, www.icefacultyresources.com and all subdomains (collectively “the Site”) and access to Digital Content (the Site and Digital Content collectively referred to as the “Services”).

By purchasing Digital Content or otherwise accessing the Services on any computer, mobile phone, tablet, console or other device, you signify that you have read, understand and agree to be bound by these Terms, whether or not you are a registered user. By using our Services, either through purchasing a subscription to or otherwise accessing Digital Content or using or accessing our Site, you affirm that you are of legal age to enter into these Terms and you accept and agree to be bound by these Terms.  Further, if you make a purchase of Digital Content on behalf of an educational institution (college, school or university), organization, or company, you represent you have the legal authority to bind any that educational institution, organization or company to these Terms.  You may not make a purchase for Digital Content from this Site if you (A) do not agree to these Terms, (B) are not at least 18 years of age or the legal age to form a binding contract with ICE Learning Center for yourself or on behalf of your educational institution, organization or company, or (C) are prohibited, by applicable law, from accessing or using the Services.

Any changes to the Terms will be in effect as of the “Last Updated Date” referenced above.  You should review these Terms prior to making a purchase of any product or service available through the Site or accessing Digital Content.  Your continued use of the Services after the “Last Updated Date” will be considered your agreement to the revised Terms. If you do not agree to these Terms, please do not use the Services.

Further, you should also carefully review our Privacy Policy, which is available at www.icelearningcenter.com/privacy-policy, before making a purchase on the Site.

Arbitration Notice

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.  Unless you opt out of arbitration within 30 days of the date you first agree to these terms, by following the opt-out procedure specified in the “Arbitration Agreement and Class Action Waiver” section below, you agree that most disputes between you and ICE Learning Center will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

No Medical Advice

Our Services include information and videos of healthcare professionals and their clients available to registered users for use in connection healthcare education.  Digital Content and information provided on and through the Site (including information that may be linked to third party sites) is intended for educational purposes only and is not intended to provide medical advice, diagnosis, or treatment to you personally. Because diagnosis and treatment of any medical condition varies by patient, the information contained in Digital Content or the Site should be supplemental to diagnosis and treatment of a health problem by a health care professional, not the sole source of any diagnosis or treatment protocol.

Educational Use Only

The Digital Content located within the ICE Learning Center (e.g., “ICE Video Library”, “DocuLearn”, “Faculty Zone”) is intended for educational use only. Although ICE Videos include real patients and clinicians, personal health information and occupational profiles located within the ICE Electronic Health Record System may have been altered to protect the privacy of individuals involved. Further, the use of DocuLearn as an electronic documentation system is intended for educational purposes only (e.g., with simulated patients, standardized patients, and/or patient videos). The user is responsible for the protection of any sensitive patient health information.

Purchases

All subscriptions purchased through the Site are final; we do not offer refunds.

Digital Content Access and Use

ICE Learning Center’s Digital Content is not intended to be offensive or objectionable. However, you understand that by using the Services, you may encounter Digital Content that you feel is offensive or objectionable and ICE Learning Center will have no liability to you for Digital Content that you find to be offensive or objectionable.  You use the Services at your own risk.

We offer access to Digital Content in various ways, including through trial accounts, or through the purchase of one of our subscription plans. 

Free Trials.  Free trial accounts can be requested by completing the form located here.  We will create your account and notify you, via email, how to access Digital Content for your free trial period.  At the conclusion of your trial period, you can email or call us to discuss pricing or visit this page for more information about the subscription packages we offer.

Annual Subscriptions.  Our annual video subscriptions are offered in two formats: Single-Program and Campus-Wide.  A Single-Program Subscription will give the purchaser access to one area of study such as Physical Therapy, Occupational Therapy, or Nursing, for faculty and students in that program only.  A Campus-Wide Subscription will give the purchaser access to Digital Content for one entire campus, including faculty and students attending that campus. Once you have purchased the desired subscription, we will contact you to discuss how you, your faculty and students may access Digital Content.

Access.  To stream and view Digital Content, you will need to use a personal computer, portable media player, or other device that meets our system and compatibility requirements and is otherwise capable of interacting with the Site and accessing Digital Content ("Compatible Device"). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may not be Compatible Devices in the future.  When you purchase a subscription, Digital Content will be available to you to stream online through your Web browser on a Compatible Device (tablet, internet-connected TV, etc.). It is your responsibility to have and maintain a Compatible Device. When streaming Digital Content, you understand that the resolution and quality of that Digital Content will depend on several factors, including the type of Compatible Device you are using and your internet bandwidth, which may go up and down over the course of your viewing. While you may not download, record, share, or otherwise reproduce any of the videos we make available as part of the Digital Content, you may watch and re-watch those videos as often as you want during the subscription period. 

Please note that Digital Content is dynamic and what is available will generally change over time.  Typically, where we retire or otherwise remove Digital Content, we will provide you with reasonable notice or provide alternate content.

Intellectual Property

All materials and information on our Site and within Digital Content, such as product images and information, videos, audio clips, data compilations, graphics, articles and reports, documents, presentations, and the software delivering Digital Content (“Materials”), are the property of ICE Learning Center or its licensors.  The Materials are protected by copyright, trademark and other intellectual property laws and may not be used other than as permitted under these Terms.

“StrokeHelp”, “Inspiring Clinical Excellence”, and other trademarks and logos that we use are trademarks of International Clinical Educators. Any third-party trademarks that appear within the Services are the property of their respective owners. You may not use these trademarks without express written permission from ICE Learning Center or their owners.

Limited License

So long as you comply with these Terms you are hereby granted a limited, revocable license for the term and use as defined in the applicable subscription or free trial period (see Digital Content Use and Access section above) to access the Services for non-commercial purposes. You may use (including modifying for your needs), download and print a reasonable number of the documents available within Digital Content, only as permitted under these Terms. You may not use, download, print, copy, distribute, or modify Materials for any other purpose.

License Restrictions

Your right to use the Services is conditioned on compliance with these Terms and applicable laws. You may not (and you may not permit anyone else to):

  • Use any manual process or robot, spider, scraper, or other automated means to collect information from the Site or from other Site users;

  • Use, view or display Digital Content or other data or information from the Site for commercial purposes (for example by charging a fee or receiving other compensation to display Digital Content—this excludes displaying Digital Content as part of a curriculum or coursework);

  • Mirror any Materials contained on the Site or any ICE Learning Center server or use framing techniques to enclose the Site or any part of the Site;

  • Circumvent any of the technical limitations of the Site or access to Digital Content;

  • Interfere with or prevent access to the Site or Digital Content by other users, or impose an unreasonable service request or usage load on our infrastructure;

  • Change or remove any copyright, trademark, or other proprietary notices on the Materials or Site;

  • Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;

  • Use any metatags or any other hidden text incorporating ICE Learning Center’s name or trademarks in any online site or posting;

  • Solicit, trace or otherwise collect any information from users or visitors of the Site;

  • Use the Site for commercial activities such as contests or advertising; or

  • Create a database by downloading and storing the Materials.

User Feedback and Other Data

Your feedback and contributions to the ICE Learning Center community are important to us. If you submit content to ICE Learning Center (including through social media channels), such as your biography, comments, reviews, pictures, videos, documents, checklists and other content (“User Content”), you grant us a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense that User Content for any legal purpose.

In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services (“Feedback”), you agree that Feedback will be treated as non-confidential and you assign all intellectual property rights in Feedback to ICE Learning Center.

You promise that your User Content and Feedback does not and will not violate these Terms or the rights of any third party, including intellectual property and privacy rights.

Copyright Takedown Policy

ICE Learning Center respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Services in a way that constitutes copyright infringement, then please contact us at inquire@icelearningcenter.com  and provide the following information:

  • A description of the copyrighted work that you believe has been infringed;

  • A description of what the allegedly infringing work is;

  • A description of the location where the allegedly infringing work is located within the Services (the Site or Digital Content);

  • An address and telephone number where you can be contacted, including an email address if possible;

  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and

  • A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

Consult your legal advisor before filing an infringement notice because there can be penalties for false claims under the Digital Millennium Copyright Act.

Communications

By providing your contact information, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal notice requirements, including that such communications be in writing. All calls, emails and other communications between you and ICE Learning Center may be recorded. 

Termination; Cooperation with Law Enforcement

If we believe you have violated these Terms or any applicable law, we may terminate your account, block access to or use of the Service, and investigate and suspected violations of these Terms. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Warranty Disclaimer

THE SERVICE (INCLUDING THE SITE AND DIGITAL CONTENT) IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE.

YOU UNDERSTAND AND AGREE THAT WE DO NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE SITE IS NOT INTENDED TO BE, AND DOES NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND ARE OFFERED FOR EDUCATIONAL PURPOSES ONLY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU BASED UPON INFORMATION ON THE SITE OR IN DIGITAL CONTENT, WHETHER SUCH INFORMATION IS ACCURATE OR INACCURATE.

Limitation of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICE LEARNING CENTER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY.

IN NO EVENT WILL ICE LEARNING CENTER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES EXCEED THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between ICE Learning Center and you. 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.

Indemnity

You agree to defend and indemnify ICE Learning Center, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.

Arbitration Agreement and Class Action Waiver

Subject to the exceptions described below, all disputes arising out of or related to these Terms or any aspect of your relationship with ICE Learning Center, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a panel of three arbitrators instead of in a court by a judge or jury. Arbitration procedures are simpler and more limited than rules applicable in court.

Arbitration is mandatory for the claims covered under this arbitration agreement. You agree that ICE Learning Center and you are each waiving the right to trial by a jury, and that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action. The parties agree that the panel will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration agreement.

You and ICE Learning Center each retain the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights.

You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you opt out of the arbitration agreement by sending an email to inquire@icelearningcenter.com or a letter to PO Box #2403 Mount Pleasant, SC 29465 USA within 30 days after the date you first agree to these Terms. If you don’t provide ICE Learning Center with a timely opt-out notice, this arbitration agreement applies.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The panel will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the panel determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the panel will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ICE Learning Center will contribute to your filing and hearing fees as the panel deems necessary to prevent the arbitration from being cost-prohibitive. The panel’s decision will follow these Terms (including the Limitation of Liability and Damages provision) and will be final and binding. The panel will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the panel. The award rendered by the panel may be confirmed and enforced in any court having jurisdiction.

Privacy

We respect your privacy and are committed to protecting it.  Our Privacy Policy governs the processing of all personal information we collect from you in connection with your purchase and use of Digital Content through the Site.

Changes to these Terms of Use

Our business will grow and evolve over time. Accordingly, we have the right to change the Terms at any time. If we change the Terms, we’ll let you know either by posting the modified Terms on our Site or by communicating with you directly. Your continued use of the Services will be considered your acceptance to the revised Terms.

In addition, because we are constantly improving the Services, including content we make available, we may change or discontinue any part of the Service, at any time and without notice.   

Miscellaneous

  • Survival. The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms, including without limitation, Intellectual Property, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages, and Miscellaneous.

  • Assignment. These Terms are personal to you or the educational institution, organization, or company you represent. You may not assign these Terms or any rights and licenses in these Terms to another party. These Terms may be assigned by ICE Learning Center without restriction.

  • No Third-Party Beneficiaries. These Terms do not and are not intended to grant any rights or remedies upon any person other than you.

  • Limitations on Claims. Any cause of action or claim you may have with respect to ICE Learning Center or the Services must be commenced within one year after the claim or cause of action arises.

  • No Waiver. Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms.

  • Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us and govern your use of the Services. These Terms supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms.

Contact Information

We would love to hear from you. You may contact us at inquire@icelearningcenter.com, or at 888 665 6556 with any questions about the Services.