2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
8. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.
Licensee shall register online with Healthcare Success at www.healthcaresuccess.com as a condition of being granted the license described herein. Such registration terms, when completed, shall be incorporated herein by reference. Upon completion of the registration, and subject to the terms and conditions contained herein, HS shall grant to Licensee the limited and non-exclusive right and license to access and view, for noncommercial private use only (which use shall exclude any not-for-profit private use), that certain online seminar entitled Advanced Medical Marketing Strategies, and all audio-visual, graphic, literary content thereof (the “Work”). The term (“Term”) of this Agreement shall be sixty (60) days from the date hereof. During the Term Licensee shall be permitted to view the Work up to three (3) times. Access of the Work on or from any device shall constitute one (1) viewing. At the end of the Term, or when Licensee has viewed the three five (3) times, whichever occurs first, no further viewings will be authorized. Nothing herein shall be construed as granting to the undersigned any ownership or other rights in or to the Work. Licensee’s exercise of the rights granted herein shall conform to the restrictions or requirements set forth herein. Notwithstanding anything to the contrary contained herein, HS reserves the right to refuse to allow Licensee to access or view the Work if, in HS's reasonable judgment, such access or viewing would impair, conflict with, interfere with or would be detrimental to HS' interests, reputation or business or might subject HS to unfavorable regulatory action, violate any law, infringe the rights of any person or entity, or subject HS to liability for any reason.
10. Warranties and Representations; Indemnity; Liquidated Damages.
Licensee hereby warrants and represents that (i) it is a licensed healthcare provider, pharmaceutical company, medical device manufacturer, medical association, or qualified health plan; (ii) that it is not, nor is it affiliated with, an advertising agency, marketing consultant, management consultant, graphic designer, or online marketer, and (iii) it has the full right and power to make and perform this Agreement. Further, Licensee agrees to indemnify HS and its affiliates, employees, agents, officers, customers, sub-licensees and assigns from and against any loss or damage, including reasonable attorney’s fees, incurred by reason of any breach of this Agreement by Licensee, including breach of the warranties and representations of this paragraph 3. Further, Licensee warrants and represents that, as part of the registration process described in paragraph 1 hereof, it shall pay a royalty to HS as a condition of being granted the license hereunder. If Licensee breaches this Agreement, including, without limitation, exceeding the scope of the license granted or by failing to pay the royalty required to be paid upon registering with HS, it shall, in addition to the continuous performance of its obligations hereunder, pay to HS liquidated damages of Two Hundred Fifty Thousand Dollars ($250,000.00), which represents the amount agreed upon by the Parties as the presumed amount of damage to be sustained by HS as a result of the breach of this Agreement. The Parties further agree that, given the nature of the Work, it would be impracticable or extremely difficult to fix the actual damage, and that such liquidated damages do not constitute a penalty.