Terms and Conditions of Use Agreement
Last update: 10/12/15
1. THE SERVICE
The ICE Learning Center ("Service") offers digitized versions of video content ("Digital Content") and other services under certain terms and conditions as set forth in this Agreement. The Service allows you to access and view Digital Content by streaming a copy. The Digital Content is not available for download, and no downloading or reproduction of the Digital Content in any format is permitted.
2. COMPATIBLE DEVICES
To stream and view Digital Content, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service ("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 cease to be Compatible Devices in the future.
3. ALL SUBSCRIPTIONS FINAL
All subscriptions to the Digital Content are final. We do not accept returns of Digital Content or pay refunds on subscriptions of Digital Content.
4. DIGITAL CONTENT
a. General. The Service may allow you to: (i) access Digital Content on an individual subscription basis for personal viewing over a limited period of time during a subscription period ("Single Use Subscription"); (ii) access Digital Content on a multiuse subscription basis for group viewing, such as in a classroom, hospital, or academic online setting, over a limited period of time during a subscription period ("Multiuse Subscription”); and/or (iii) access Digital Content on a free or promotional basis ("Free Preview"). Digital Content may be available on the Service under a Single Use Subscription, a Multiuse Subscription, as a Free Preview, or any combination of those. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service.
b. Usage Rules. Your use of Digital Content is subject to the following rules ("Usage Rules"). The Usage Rules provide important information regarding your use of Digital Content, including the time period during which you are authorized to view different types of Digital Content (the "Viewing Period" for that Digital Content) and limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and viewed.
The videos we make available to you on the Service are subject to restrictions for viewing and for the duration of time we make them available to you. The specific restrictions applicable to each of your videos will depend on whether you purchase a Single Use Subscription, a Multiuse Subscription, or are watching a Free Preview. These restrictions may change over time as we add new features, devices and content to our Service.
i. Ways to Watch: When you purchase a subscription, we will make the Digital Content available to you to stream online through your Web browser on a Compatible Device such as a tablet, internet-connected TV, Blu-ray player, and the like. It is your responsibility to have and maintain a Compatible Device. You may not download, record, share, or otherwise reproduce the Digital Content in any format on any medium for any purpose. You may watch and re-watch the subscribed Digital Content as often as you want during the subscription period.
ii. Free Previews. Free Previews are available for online streaming through the ICE website. You may stream the same Free Preview video to no more than one device at a time. Viewing of the Free Previews is limited to a non-commercial setting in which you are not charging fees or otherwise receiving compensation for the viewing (“Non-Commercial Setting”).
c. Subscriptions. Our subscription services are dynamic, and the specific Digital Content available and amount of Digital Content available will generally change over time.
i. Single Use Subscription. A Single Use Subscription is intended for a single user and is restricted to viewing in a Non-Commercial Setting. A Single Use Subscription specifically excludes any group or public presentation. Any pdf files provided by ICE for download in connection with a Single Use Subscription may be saved to your computer and printed by you for your own personal use but shall not be shared or copied with third persons.
ii. Multiuse Subscription. A Multiuse Subscription is intended for use by an organization having multiple viewers but is also restricted to viewing in a Non-Commercial Setting. Any pdf files provided by ICE for download in connection with a Multiuse Subscription may be saved to the organization’s computers and shared with the multiple viewers.
d. License to Digital Content. Subject to your payment of any applicable fees (including applicable taxes) to subscribe or otherwise obtain access Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, ICE grants you a non-exclusive, non-transferable, non-sub licensable, limited right and license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with this Agreement and the type of subscription you purchase. All rights not expressly granted to you in this Agreement are reserved and retained by ICE or its licensors, suppliers, publishers, rights holders, or other content providers. No Digital Content nor any part of the ICE Learning Center may be reproduced, duplicated, sold, resold or otherwise exploited for any purpose without the express written consent of ICE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of ICE. You may not misuse the ICE Learning Center. You may use the Service only as permitted by law. The licenses granted by ICE terminate if you do not comply with any of the terms of this Agreement.
e. Streaming. When you stream Digital Content, you understand that the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing.
f. General Restrictions. You may not transfer, copy or display the Digital Content and/or any pdf files provided by ICE as part of your subscription except as permitted in this Agreement. In addition, you may not: i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; ii. remove any proprietary notices, labels or watermarks on the Digital Content; iii. attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, iv. use the Service or Digital Content for any commercial or illegal purpose.
g. Copyright. All Digital Content and any pdf files included in or made available through the Service, including but not limited to videos, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of ICE or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Service is the exclusive property of ICE and protected by U.S. and international copyright laws.
h. Trademarks. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Service are trademarks or trade dress of ICE in the U.S. and other countries. ICE’s trademarks and trade dress may not be used in connection with any product or service that is not ICE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ICE.
5. ADDITIONAL TERMS
a. Termination. If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and ICE may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, ICE shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.
b. Content. You understand that by using the Service, you may encounter content that may be deemed offensive or objectionable. Nevertheless, you agree to use the Service, and ICE shall have no liability to you for content that you may find to be offensive or objectionable.
c. Amendments. ICE reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
d. Disputes/Binding Arbitration. Any dispute or claim relating in any way to your use of the Service shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to International Clinical Educators, Inc., P.O. Box 1990, Port Townsend, Washington 98368. The arbitration will be conducted by the American Arbitration Association (AAA). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
e. Applicable Law. By using the Service, you agree that the Federal Arbitration Act and applicable federal law will govern this Agreement and any dispute of any sort that might arise between you and ICE.
f. Your Account. You are responsible for maintaining the confidentiality of your account and password for the Service and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ICE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
g. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Service. If you are a U.S. Government end user, we are licensing the Digital Content to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Service are the same as the rights we grant to all others under this Agreement.
h. Information Provided to ICE. ICE may be provided with data about your Compatible Device and its interaction with the Service (such as device type and unique device identifiers that allow us to link your Compatible Device to your Service account). ICE may also be provided with information related to the Digital Content you download and stream and your use of that Digital Content (such as whether and when you viewed the Digital Content). Any information we receive is subject to the ICE privacy notice located at icelearningcenter.com/privacy-policy.
i. Disclaimers. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ICE MAKES NO GUARANTEES THAT THE DIGITAL CONTENT WILL BE ACCURATE, CURRENT, OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE OF THE SERVICE. ICE MAKES NO GUARANTEES ABOUT THE SUITABILITY OF ANY DIGITAL CONTENT OR THE SERVICE FOR ANY PURPOSE WHATSOEVER.
ICE MAY PROVIDE DIGITAL CONTENT DEMONSTRATING EXERCISES RELATED TO A CONDITION THAT MAY BE PERFORMED AT HOME OR IN A CLINICAL SETTING. AS THERE IS A RISK OF INJURY WITH ANY ACTIVITY, USE CAUTION WHEN PERFORMING SUCH EXERCISES. BY VOLUNTARILY UNDERTAKING ANY SUCH EXERCISE, YOU AGREE THAT YOU ASSUME THE RISK OF ANY RESULTING INJURY TO YOURSELF AND/OR ANY THIRD PERSONS. ICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES OR LOSSES THAT MAY RESULT.
THE INFORMATION AND DIGITAL CONTENT PROVIDED BY ICE THROUGH THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY. ICE MAKES NO WARRANTIES REGARDING, AND BEARS NO LIABILITY FOR, YOUR USE OF THE INFORMATION AND DIGITAL CONTENT. NEITHER ICE NOR ANY INSTRUCTOR ASSUMES ANY RESPONSIBILITY FOR ANY LOSS OR INJURY AND/OR DAMAGE TO PERSONS OR PROPERTY ARISING OUT OF THE USE OF THE DIGITAL CONTENT AND/OR THE SERVICE.
ICE DOES NOT WARRANT THAT THE SERVICE OR DIGITAL CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ICE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
j. Limitation of Liability. IN NO EVENT SHALL ICE, ITS OFFICERS, AFFILIATES, AGENTS, LICENSORS, EMPLOYEES, OR INTERNET SERVICE PROVIDER(S) (COLLECTIVELY, “REPRESENTATIVES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, WRONGFUL DEATH, LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ICE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. ICE’S TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR USE OF THE SERVICE, AND YOU HEREBY RELEASE ICE AND ITS REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDICIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
k. Indemnification. To the extent permitted by applicable law, you hereby agree to indemnify and hold ICE and its Representatives harmless from any and all losses (including, without limitation, attorneys’ fees) resulting from any claims related to or arising out of your use of the Service. You further agree to indemnify and hold ICE and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation, attorneys’ fees that result in whole or in part from violations by you of any of the terms of this Agreement.
l. Assignability. This Agreement is personal to you or the organization you represent, and you may not assign this Agreement or the rights and obligations thereunder to any third party or person.
m. Agreement Binding on Successors. The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.
n. Waiver. No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
o. Severability. If any term, clause, or provision hereof is held invalid or unenforceable by an arbitrator or court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
p. Questions or Comments. ICE appreciates your cooperation and compliance with the terms of this Agreement. Questions or comments regarding the Service should be directed to: International Clinical Educators, Inc., P.O. Box 1990, Port Townsend, Washington 98368, USA.