These website terms and conditions of use for Fullscript Academy ("FS Academy") constitute a legal agreement and are entered into by and between you and Healthy Web Inc. dba Fullscript ("Fullscript", "we", "us", "our") and govern your access and use, including any content, Courses, and functionality offered on or through the FS Academy website located at https://academy.fullscript.com/ (the "Website") The Website provides course offerings and related materials to healthcare practitioners on a variety of topics related to the practice of healthcare ("Courses"). By creating an account on the Website to access Courses and use FS Academy materials (a "User") or by using the Website, you agree to be bound by these terms and conditions (the "Terms").
Modifications to the Terms and the Website.
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of such modifications.
The information and material on this Website, including Courses, and the Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to Users or unavailable at any time or for any period.
Use of Website, Account Set-Up and Security
In order to access Courses, you must create an account providing accurate and complete information. You may create an account if you are a healthcare practitioner who i) resides in the 50 states of the United States, the District of Columbia, or Canada; and ii) who are 18 years of age or older.
At any time, you may update your email address and/or other account information by logging into your account on the Website. You may terminate your account at any time by sending an email with the subject line "delete my account " to [email protected].
Any user name, password, or any other piece of information chosen by you or as may be provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for all usage or activity on your account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by you or is the result of you authorizing a third party to use your username and password.
We may, in our sole discretion, terminate or suspend any User's access to the Website or a Course for any reason, including, without limitation, breach of these Terms, or due to User taking actions that are inconsistent with the intent of these Terms. We will be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. Any decision we make relating to termination or suspension of any User's account shall be final and binding. We shall not be liable to you or any third-party for any termination of your access to the Website or a Course or termination of your account.
You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (a) accessing Courses, content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt
or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Website.
Privacy and Use of information
We take your privacy very seriously. The information collected in connection with your account and your accessing of Courses or the Website will be used by Fullscript in order to administrate and provide the Courses to you and may also be shared with external third parties such as marketing or sponsorship partners. Any information shared with third parties will be done so in an anonymized format. In cases where the information is being used in an non-anonymized format we will obtain your prior written consent prior to our sharing it with third parties. Further details on how we collect, use and handle your personal information can be found in our Privacy Statement at: https://fullscript.com/privacy.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Fullscript, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Fullscript name and logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of Fullscript or its affiliates or licensors. You must not use such marks without the prior written permission of Fullscript. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
(a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
(b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
Users are not permitted to modify copies of any materials or Courses from this website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials or Courses from this website.
You must not access or use for any commercial purposes any part of the Website or any services or materials
available through the Website.
If you print off, copy or download any part of our Website or Courses in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content or Courses on the Website, and all rights not expressly granted are reserved by Fullscript. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other intellectual property laws.
Conditions of Use, User Submissions and Website Content Standards
As a condition of your access and use, you agree that you may access and use the Website and Courses only for lawful purposes and in accordance with these Terms.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Website, to other users or other persons (collectively, “User Submissions”). Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.
Without limiting the foregoing you warrant and agree that your use of the Website and any User Submissions shall not:
(b) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable.
(c) Involve stalking, attempting to exploit any individual or harm minors in any way by exposing them to inappropriate content or otherwise nor ask for personal information.
(d) Involve, provide or contribute any false, inaccurate or misleading information.
(e) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the these Terms.
(f) Impersonate or attempt to impersonate Fullscript, a Fullscript employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
(g) Transmit, or procure the sending of, any advertisements or promotions [without our prior written consent], commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
(h) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
User Submissions: Grant of License
None of the User Submissions you submit to the Website will be subject to any confidentiality by Fullscript. By providing any User Submission to the Website, you grant us and our affiliates and partners, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and partners, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms. You represent and warrant that all User Submissions comply with applicable laws and these Terms.
You understand and agree that you, not Fullscript, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
Links to Third Party Sites
The Website may contain links to, or information about, other websites, products or services. We do not make any representation or warranty about any such third-party information and nothing on the Website should be construed as an endorsement of such third-party information unless otherwise explicitly stated.
You acknowledge and agree that we are not responsible or liable for any agreements between you and any third parties accessible through the Website or your participation in third-party purchases, services, promotions and/or other activities.
Governing Law and Jurisdiction
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule, and you agree to submit to the jurisdiction of the Ontario courts in the City of Ottawa in respect of any disputes that may arise in connection herewith.
No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Disclaimer of Warranties
We have no control over the Internet and cannot prevent the interception of messages by unauthorized parties or guarantee that such unauthorized parties may not be able to decrypt encrypted messages. We are not responsible for unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting the Website in any manner including without limitation, your ability to participate in the Community. We are also not responsible for any damage to your computer occasioned by your use of the Website or Courses or downloading of any information necessary to participate in the Courses.
THE WEBSITE, INCLUDING ALL COURSES, CONTENT OR SERVICES MADE AVAILABLE THEREON OR ACCESSED THERETHROUGH, ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE COMMUNITY. FURTHER, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE MERCHANTBILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not warrant that the functions contained in the Website or any Courses or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or Courses will be corrected, or will be free of viruses or other harmful components. In no event will we be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover exemplary, punitive, personal injury/wrongful death, special incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties regardless of whether or not either party has been advised of the possibility of such damages.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER FULSCRIPT NOR ANY OF OUR AGENTS WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR FOR LOST PROFITS, LOSS OF PRIVACY, SECURITY OF DATA, FAILURE TO MEET ANY DUTY OR ANY OTHER DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OF ANY ASPECT OF THESE TERMS OR YOUR USE OF THE WEBSITE OR COURSES AND IN NO EVENT SHALL THE LIABILITY OF FULLSCRIPT OR OUR AGENTS EXCEED $100.
You agree to indemnify, defend and hold harmless Fullscript, its employees, directors, officers, agents and representatives from and against any and all third party claims, demands, liabilities, costs or expenses whatsoever, including attorney's fees, arising from or related to any breach by you of any of the Terms or applicable laws, or in any other way arising out of your use of the Website, Courses or any content contained therein.
All information posted on the Website, including these Terms, is subject to change without notice. Your continued use of the Website after such changes is deemed to be your acceptance of such changes so please check the Terms regularly. If any changes are made to these Terms, Fullscript will revise the "Last Updated" date that is indicated on the Terms.
Reporting and Contact
This website is operated by Healthy Web Inc. dba Fullscript, 360 Albert Street, Suite 200, Ottawa, ON K1R 7X7.
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at [email protected].
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].
Dated: September 27, 2022