Fitzgerald Health Education Associates terms and conditions
Learn more about our terms and conditions below. Last Updated: 3/31/2018
Please read these terms and conditions (“Terms”) carefully as they apply to your use of www.fhea.com (the “Website”) and any services offered or provided by Fitzgerald Health Education Associates through the Website, including the education courses (the “Services”). We reserve the right to update or make changes to these Terms from time to time at our sole discretion. Your access or use of the Website or any Services following changes to these Terms will constitute your acceptance of those changes.
The Website is owned and operated by Fitzgerald Health Education Associates, LLC as a corporation of record. All materials on this site are the property of Fitzgerald Professional Education, LLC (“Fitzgerald”) unless otherwise specified. No material from these pages may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of any of the public materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of U.S. copyright law and other proprietary rights. For purposes of this agreement, the use of any such material on any other website or networked computer environment is prohibited.
Use of the website
You must comply with all applicable laws, rules and regulations while accessing or using the Website and Services. In addition, we expect users to respect the rights of others. Your use of the Website and Services is conditioned upon your compliance with the rules set forth in this section.
In connection with your use of the Website and Services, you represent and warrant that you:
- Are at least 18 years of age
- Will not submit any information that is, in the sole opinion of Fitzgerald, unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or racially, ethnically or otherwise objectionable
- Will not violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
- Will not submit any information that is encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Website
- Will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website
- Will not access, retrieve, scrape, index, download or copy any information contained on the Website through artificial means, such as spiders, bots, hacking devices or other means
- Will not attempt to gain unauthorized access to the Website, other user accounts, or other computer systems or networks connected to the Website
- Will not use the Website in any way that could interfere with the rights of Fitzgerald or the rights of other users of the Website
- Will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of content on the Website, or features that enforce limitations on the use of the Website
- Will not impersonate any other person, falsify contact information, or otherwise attempt to mislead others as to the identity of the origin of information provided on the Website
- Will not solicit personal information from minors, or submit or transmit pornography
- Will abide by all applicable laws
Additionally, you acknowledge and agree that you (and not Fitzgerald) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Website and Services, and paying all charges related thereto.
We may terminate your use of the Website or Services for any conduct that we consider, in our sole discretion, to be inappropriate or for your breach of these Terms.
Discontinuance of Website and Services
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part to modify or discontinue the Website or any Services, with or without notice; charge fees in connection with the use of the Website or Services; or modify or waive any fees charged in connection with the Website or Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or of any Service, content, feature, or product, in whole or in part. Your continued access to or use of the Website or Services after such changes will indicate your acceptance of such changes.
User names and passwords
In order to take courses offered on this Website, a user must first complete the registration form. During registration, a user is required to give contact information such as name and email address. In order to take our courses and use the Services, the user must provide unique identifiers (such as user name and password). Additional information may be required for continuing education.
You represent and warrant that all information submitted to Fitzgerald in connection with such registration is complete and accurate. We may reject, or require that you change, any user name, password or other information that you provide us during registration, for any reason. Your user name and password are for your personal use only and should be kept strictly confidential. You are responsible for any use or misuse of your user name and password, and for any activity associated with your account. You agree to promptly notify Fitzgerald in the event of a breach or unauthorized use of your user name and password. We are not liable for any loss or damage arising from your failure to comply with the foregoing.
If you wish to purchase any product or service made available by us through the Website, you may be asked to provide certain information relevant to the purchase, including your credit card number, the expiration date of your credit card, and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD UTILIZED IN CONNECTION WITH ANY PURCHASE. By submitting such information, you authorize Fitzgerald to provide such information to third parties for purposes of facilitating the completion of the purchase.
Fitzgerald reserves the right to limit the availability of any service or to discontinue any Service, as well as to impose conditions on the honoring of any coupons, promotional codes or similar promotions. Refunds and exchanges will be subject to Fitzgerald’s then-current policies. You agree to pay all charges that may be incurred by you through the Website and/or Services, at the price in effect when such charges are incurred. You also remain responsible for any applicable taxes. You agree that you will not resell any Services purchased from us unless we have provided our express prior written consent.
Postings made by Fitzgerald on the Website are made at such times as determined by Fitzgerald in its discretion and as news or developments are appropriate. Users should not assume that the information contained on the Website has been updated or otherwise contains current information. We do not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded by more current information without change.
Postings may also be provided by third parties, other than Fitzgerald. The postings by third parties may include information that is inaccurate, misleading or deceptive. Fitzgerald (and its directors, officers, employees, representatives, affiliates, licensors and service providers) does not endorse any opinion, advice, information or statements made on the Website by third parties and are not responsible for such information.
Accuracy of information
Fitzgerald attempts to ensure that information provided on the Website, or in connection with the Services, is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of such information. Additionally, such information is subject to change at any time without notice.
Links to other material
With the exception of any linked websites owned and operated by Fitzgerald, linked websites found at FHEA.com are not under the control of Fitzgerald, and we are not responsible for the content of any linked site or any link contained in a linked site.
By clicking on a link on this Website or any in Fitzgerald course offered through the Website, you may be leaving our Website. With the exception of any website owned and operated by Fitzgerald, the site you are taken to is not related to or affiliated with Fitzgerald and does not endorse or sponsor Fitzgerald.
Fitzgerald may change links based solely on our discretion, and we reserve the right to terminate any link or linking program at any time. Fitzgerald does not, by linking to sites, endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third-party sites linked to this site, you do so entirely at your own risk.
Threads, chat, and discussion groups
Public forums such as threaded discussion groups and chat found on the Website or Services are not always screened by Fitzgerald, and we are not responsible for the content of any public or open forum content at the Website or through the Services. Fitzgerald may change these public forums based solely on our discretion, and we reserve the right to terminate any forum at any time. Fitzgerald does not, by allowing these forums, endorse companies or products which may be mentioned in these forums, and reserves the right to note as such on the Website. If you decide to access any of the public forums on this Website, or linked to this site, you do so entirely at your own risk.
Disclaimer of warranties
THE WEBSITE AND SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FITZGERALD ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE WEBSITE OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITZGERALD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT THE WEBSITE OR SERVICES WILL:
- MEET YOUR REQUIREMENTS
- BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE
- ANY CONTENT OR INFORMATION YOU PROVIDE TO FITZGERALD WILL NOT BE DISCLOSED
- ANY ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED
YOU AGREE THAT USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK.
We will make reasonable efforts to ensure that you receive proof of continuing education credit for the education courses completed. It is your sole responsibility to ensure that you receive proper credit with any state board of nursing or national certification agency for the continuing education courses completed. Fitzgerald assumes no liability or responsibility for any losses or claims resulting from your failure to submit actual contact hours earned to state and/or national licensing agencies and you expressly acknowledge and agree that you are solely responsible for any such losses, claims or other liabilities.
We will make reasonable efforts to ensure that you receive credit with state licensing agencies for the education courses completed. Fitzgerald does not, however, guarantee that the state licensing agencies will receive all information required in order for you to obtain credit for courses taken. It is your sole responsibility to ensure that you receive proper credit with any state licensing agency for the education courses completed on the Website or through the Services. Fitzgerald assumes no liability or responsibility for any losses or claims resulting from your failure to obtain credit with state licensing agencies and you expressly acknowledge and agree that you are solely responsible for any such losses, claims or other liabilities.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITZGERALD WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR SERVICES, OR FROM ANY INFORMATION OR CONTENT ON THE WEBSITE OR AVAILABLE THROUGH THE SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE OR SERVICES IS TO STOP USING THE WEBSITE AND/OR SERVICES.
Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless Fitzgerald, and its directors, officers, employees, representatives, affiliates, licensors and service providers, from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of the Website and Services; or (b) any violation of these Terms by you.
All content and information on the Website or provided through the Services, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, and software, are the exclusive property of Fitzgerald or its licensors and are protected by the United States and international copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on all or any part of the Website or Services or any information or materials made available through the Website or Services.
Digital Millennium Copyright Act
In accordance with the Digital Millennium Copyright Act (“DMCA”), Fitzgerald will promptly respond to claims of copyright infringement that are reported to the agent we have designated to receive notifications of claims of infringement, whose contact information is:
Attn: Yazir Phelps
Fitzgerald Health Education Associates, LLC
85 Flagship Drive
North Andover, MA 01845-6154
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with written notice of the claimed infringement that includes the following:
- A physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed
- A description of the copyrighted work that is claimed to have been infringed
- A description of where the allegedly infringing material is located on the Website
- Your address, telephone number, e-mail address and any other information reasonably sufficient to allow Fitzgerald to contact you
- A statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf
Parental control protections
Pursuant to 47 U.S.C. Section 230(d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available to assist you in limiting access to material that is harmful to minors. Two current providers of information regarding such protections are GetNetWise (http://www.getnetwise.org) and OnGuard Online (http://onguardonline.gov). Fitzgerald does not endorse any of the products or services listed on such sites or offered by such providers.
This Website is controlled by Fitzgerald from its offices within the United States of America. Fitzgerald makes no representation that materials in the Website or Services are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Website or Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Massachusetts.
Fitzgerald may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or conditions located on particular pages on this Website.
These Terms are severable. If any provision contained in these Terms is found to be illegal, invalid or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and the illegal, invalid or unenforceable provision shall be deemed modified so that it is legal, valid and enforceable to the maximum extent permitted by law.
The Terms contain the entire agreement between you and Fitzgerald regarding the use of the Website and Services and supersede any prior agreement, whether written or oral, between you and Fitzgerald regarding the subject matter contained in these terms.