WEBSITE TERMS AND CONDITIONS OF USE

THIS SITE AND RELATED SERVICES AND PRODUCTS ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE

TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

1.   Restrictions on Use

All pages within this Website and any material made available for in physical or electronic form (including without limitation, information contained on course materials in emails, in text files, or in chats) (collectively the “Site”) are the property of Company (“Company”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Company. This Site is for your own personal use and/or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Company.

2.   Policy on Copyrighted Materials

  1. Introduction

Ultramed, LLC DBA Northwest Phlebotomy School (“Company”) continually invests significant resources to create code, text, and/or other materials. The majority of these materials are protected under copyright laws of the United States and of other countries worldwide. To protect its investment, the Company diligently guards against infringement of its copyrighted materials. This policy outlines certain conduct that violates the Company’s copyrights. This policy is subject to change at any time and without notice. b.  Copyright

Modification of the Company’s copyrighted materials without explicit permission (ie. prior written consent in each instance) is prohibited. Except with prior written permission from the Company, you may not make any unauthorized reproduction or engage in distribution of the Company’s copyrighted materials, which include, but are not limited to, materials such as books, publications, computer software (including object code and source code), course curricula, Webinars, Web content, diagrams, photos, testing materials, exams, text, images, and graphics published by the Company in any format. It is Company policy to enforce its copyrights against any third party who infringes on its copyright.

  1. Copyright Permission Requests

To request permission to use the Company’s copyrighted material, please e-mail your inquiry to the Company at instructor@nwphlebotomyschool.com

  1. Trademark Notice

“Northwest Phlebotomy School” and all graphics on the Site are the logos, trademarks, and service marks of Company. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

  1. Disclaimer

This policy on copyrighted materials is not intended to serve as legal advice. Should you have questions regarding your legal rights or duties, please consult your own attorney.

3.   Disclaimers

  1. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

COMPANY AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although Company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Site may be changed or updated without notice.

  1. Disclaimer – Currentness of Information

The information published on this Site was valid at the time of publication. Company reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies including, without limitation, out of date information and/or representations. Without limiting the generality of the foregoing (i) where specific results and/or income figures are attributed to an individual, there is no assurance that you will have the same or similar results; and (ii) although representations regarding results are believed to be accurate at the time it was recorded or created, such results change over time and may be outdated.

  1. Disclaimer – Site use Subject to Terms

Company reserves the right to change these terms and disclaimers at any time, and you agree that each visit you make to the Company Site shall be subject to the current terms.

  1. Disclaimer – Of Liability

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Company is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Company reserves the right to remove such materials from the Company Site without liability.

  1. Disclaimer—Site Content Copyrighted

The contents of the Company Site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by Company and contain Company’s name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring Company services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use Company icons, site address, or other means to hyperlink other Internet sites with any page in the Company Site, and Company assumes no responsibility for any other party’s site hyperlinked to the Company Site or in which any part of the Company Site has been hyperlinked. f. Disclaimer—Use of e-mail

By sending us a message in the e-mail area, you agree to have it along with your name posted for public viewing both here and in other Company promotional and advertising materials without compensation. All messages that are posted here represent the opinions of other Company Site users and do not represent the ideas or opinions of Company. You may copy them as much as you like for personal use, but redistribution in any way requires the permission of Company In consideration of this authorization, you agree that any copy of this information that you make shall retain all copyright and other proprietary notices contained here in this Site. h. No Professional Advice

The information contained in or made available through this Site cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. Without limiting the generality of the foregoing, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through this Site. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of this Site, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

4.   Confidential and Proprietary Information

Company does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Company through the Site will be deemed NOT to be confidential. By sending Company any information or material, you grant Company an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site or otherwise, you or the user should send notification to our Designated Agent (as identified and defined below) immediately. To be effective, the notification must include:

  1. A physical or electronic signature of the copyright owner or authorized agent;
  2. Identification of the copyrighted work(s) claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information regarding how we may contact you (for example, mailing address, telephone number, E-mail address);
  5. A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

Ultramed LLC DBA Northwest Phlebotomy School instructor@nwphlebotomyschool.com

4324 79TH AVE SW

OLYMPIA, WA, 98512-2477

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

5.   Release of Claims

For good and valuable consideration, the receipt and sufficiency of which is hereby irrevocably acknowledged, you hereby release and discharge Company, its respective heirs, successors, assigns, representatives, shareholders, directors, officers, members, managers, agents, employees, independent contractors, content providers, and attorneys (collectively “Related Parties”), and each of them, of and from any and all claims, debts, liabilities, demands, obligations, costs, expenses, damages, causes of action, warranties, covenants, contracts, liens, controversies and losses (collectively “Claims”) of whatsoever kind or nature, whether known or unknown, based on or arising out of or in connection with your use of the Site and/or its services, products, information, and/or content. You expressly waive and relinquish all rights under any applicable statute related to claims a creditor does not know or suspect to exist in his or her favor at the time of executing a general release. If you are a California resident, you expressly waive and relinquish all rights under Section 1542 of the Civil Code of the State of California, which reads as follows:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

You irrevocably acknowledge and agree that should you hereafter discover facts that are different from or in addition to those now known or believed to be true with respect to the Claims herein released, that this Agreement shall be and remain effective in all respects notwithstanding such difference or additional facts later discovered.

6.   Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

7.   Choice of Law and Venue; Statute of Limitations

These Terms and Conditions are entered into in the State of Washington and shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in Thurston County, Washington, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. Any cause of action brought by you against Company or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

8.   Entire Agreement

These Terms and Conditions constitute the entire agreement between Company and you pertaining to the subject matter of this Agreement. In its sole discretion, Company may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

9.   No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

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