The Certificate Program managed by Global Healthcare Resources (GHR) falls under the following Terms and Conditions:
All professionals enrolling in a professional Training and Certificate must abide by the Terms and Conditions of the program.
This training is for information only and in no way should be substituted for qualified medical or legal advice. This health-related information is in no way intended to diagnose, prevent, treat or cure any medical or other condition. Always seek the counsel of a qualified health care professional to answer questions about specific medical conditions or the counsel of an attorney for legal matters.
Coronavirus Workforce Preparedness Training & Certificate
Training Program Conditions:
• This Training is a one-time purchase valid for six months
• All payments are final
• Access to the online learning system will be provided via e-mail, where you will be prompted to create an account to view the Training
• The system will provide a Certificate of Training upon completion
• The account for this Training will automatically expire after the six months from the date of enrollment
• GHR may change the online learning management system or the program or courses at any time for any reason
COVENANTS & AGREEMENTS
You (the purchaser of this Training) covenant and agree that:
1. Authorization to use Mark and Certificate. GHR grants me a limited, personal, non-transferable, non-sub licensable, royalty-free, non-exclusive, revocable license to use the Certificate Marks (as defined below) solely in connection with the promotion and conduct of the offering of services I perform in relation to my Certificate. No other rights are granted except for those explicitly granted herein.
3. Restrictions on Use of Certificate and Mark. Without limiting the other terms and restrictions set forth in these Terms, unless otherwise approved by GHR Review Board in writing, I will not, directly or indirectly: (i) use the Certificate Marks in conjunction with the promotion and/or provision of any services, or in any other way, outside the United States unless I have met cross-border requirements, (ii) use the Certificate Marks in conjunction with the sale of any tangible goods, (iii) state or imply that GHR has made a determination on the merits or quality of any education, testing or review program with which I may be associated, (iv) train or Certificate Marks, (v) use the Certificate Marks in a manner that implies another individual or company is qualified to use the Certificate Marks, or (vi) use the Certificate Marks in violation of GHR’s policies and procedures, which are incorporated herein by reference.
4. Quality Control. The nature and quality of all advertising, promotional or other uses of the Certificate Marks, and services associated therewith will conform to the quality and standards specified by GHR (as modified from time to time) and will be in full compliance with GHR’s Standards of Professional Conduct and all applicable laws and regulations. GHR has the exclusive right to monitor the manner in which I use the Certificate Marks and the quality of services associated therewith. Such monitoring may, at the election of GHR, be done in accordance with the procedures outlined in GHR’s Standards of Professional Conduct, including but not limited to, examination, investigation, inspection and formal hearings. GHR retains, at all times, the right to withdraw its approval of my use of the Certificate Marks if the quality, accuracy or other characteristics of any of the services associated therewith ceases to be acceptable in accordance with certain standards defined by GHR. Notwithstanding, GHR has no right to control incidents of actual services provided or participate in the rendition thereof.
5. Protection of the Certificate Marks. GHR shall have the sole right to file applications to register and to obtain registration for, the Certificate Marks. I further agree to cooperate fully with GHR in filing such applications and obtaining such registrations, including providing GHR with specimens of use of the Certificate Marks and executing any documents requested by GHR, or in protecting, enforcing and defending the Certificate Marks. I will notify GHR in writing of any infringements, imitations, claims or other problems with respect to the Certificate Marks which may arise or otherwise come to my attention. GHR shall have the sole right, but not the obligation, to take any action because of any such infringement, imitation, claim or problem. I will not institute any suit or take any other action because of such infringements, imitations, claims or problems without the prior express written consent of GHR.
6. Ownership; Goodwill. The right to use the marks of GHR is limited to those rights to use the Certificate and does not extend to any other marks of GHR. Any goodwill attaching to the trademarks of GHR as a result of my use of the Training or Certificate Marks will inure to the benefit of GHR. I will conduct my business in a way that does not adversely affect GHR’s reputation or goodwill. I will only display or use the Certificate as permitted in these Terms and the Guidelines on how to Use of the GHR Designated Certificate Marks (as updated from time to time). The right to use the Certificate Marks does not grant the right, title or interest in or to any trademark, service mark, logo or trade name of GHR. I further agree not to: (i) challenge GHR as the sole, absolute or exclusive owner of all right, title and interest in and to the Certificate Marks and the goodwill associated therewith, (ii) challenge the validity, control or use of any mark owned by GHR, (iii) register, use, adopt or promote any mark that is confusingly similar to any mark owned by GHR, (iv) take or encourage any action which would impair the rights of GHR in and to the Certificate Marks or any goodwill associated therewith, or (v) infringe the Certificate Marks or any other marks owned by GHR.
7. Disclaimer of Warranty. THE USE OF THE CERTIFICATE MARKS ARE PROVIDED ON AN “AS IS” BASIS. GHR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OF TRADE, EMPLOYABILITY OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. GHR HAS NO DUTY OR OBLIGATION TO REGISTER, RENEW OR OTHERWISE MAINTAIN ANY REGISTRATION FOR THE Certificate MARKS.
8. Compliance with Rules and Policies. I have read, understand and will comply with all rules and policies contained in GHR’s Standards of Professional Conduct, which is incorporated herein by reference, as it presently exists and as it may be amended from time to time.
9. Retention of Jurisdiction. Notwithstanding any termination or relinquishment of my right to use the Certificate, I shall continue to be subject to the filing of a complaint under GHR’s Standards of Professional Conduct based upon acts or omissions commenced prior to the effective date of termination or relinquishment, provided that any such complaint shall be filed within five (5) years after the effective date of termination or relinquishment.
10. Revocation of Right to Use. GHR has the absolute and unrestricted right to revoke, at its sole discretion, any rights I have to use the Certificate, if GHR, in its sole discretion, finds that I have failed to comply with GHR’s Standards of Professional Conduct or these Terms. In addition, if GHR, in its sole discretion, determines that I have misused the Certificate, I further understand and agree that such action may cause irreparable harm and I will immediately stop using the Certificate or change the manner in which I use them, whichever GHR requests.
11. Indemnification. Neither GHR nor its directors, officers, employees and others acting on its behalf shall be liable to me for any actions taken or omitted in an official capacity or in the scope of employment, except to the extent that such actions or omissions constitute willful misconduct or gross negligence, and I hereby release GHR, all their respective employees, officers and directors and the persons identified above from any liability for any such actions or omissions. I further covenant and agree to defend, indemnify and hold harmless GHR and its directors, officers, employees and agents from and against any and all claims, demands, judgments, awards and expenses related thereto (including court costs and reasonable fees of attorneys and other professionals) brought or threatened by any third parties, including my clients, arising out of: (i) any breach by me of my Application or these Terms, (ii) any failure by me or my authorized agents to comply with applicable laws, (iii) the services provided by me, (iv) any unauthorized representation, warranty, agreement or the like, express or implied, made by me or my authorized agents to or with any third party with respect to any acts or omissions (including statements, representations or warranties not authorized by GHR), or (v) acts or omissions taken by me in connection with the use of the Certificate and Training. Notwithstanding the above, GHR expressly reserves the right to retain separate counsel to participate in the defense or settlement of any such claims.
12. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL GHR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, LOSS OF BUSINESS, REVENUE, PROFITS OR OTHER ECONOMIC ADVANTAGE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE GHR’s TRAINING PROGRAM OR CERTIFICATE, INCLUDING WITHOUT LIMITATION THE IMPLEMENTATION OF THE FORMS OF DISCIPLINE, EVEN IF GHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GHR’S LIABILITY UNDER THIS DECLARATION AND AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND DEFAMATION) OR OTHERWISE, EXCEED THE AMOUNT I PAID IN APPLICATION FEES FOR TRAINING AND THE CERTIFICATE. LIABILITIES SHALL BE LIMITED AND EXCLUDED, EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
A. Integration. My Training, these Terms, and the documents incorporated herein by reference constitute the complete agreement and supersede all prior or contemporaneous oral or written representations and warranties. GHR may modify these Terms upon notification to me. No modification by me to these Terms shall be binding upon GHR unless in writing and signed by GHR.
B. Assignment. I will not assign or transfer any of my rights or obligations under these Terms. Any assignment or delegation by me of these Terms or any of my rights or obligations hereunder shall be null and void. GHR may assign its rights herein, without my prior consent.
C. Relationship. My relationship with GHR is that of Training and a Certificate of knowledge and in no way does the relationship constitute an independent contractor, partnership, franchise, joint venture, agency or employment relationship.
D. Interpretation. These Terms, which I understand are binding upon me in consideration of GHR processing my Application, shall be interpreted in such a manner as to aid in effectuating the purposes and business of GHR. No third-party private right of action shall be permitted against GHR for acts or omissions taken by GHR in the furtherance of its purposes and business or in connection with these Terms. Failure of GHR to insist on strict performance of the provisions contained herein does not prevent GHR from later enforcing its rights under these Terms.
G. Choice of Law; Forum. These Terms and any action relating thereto shall be governed by and construed and enforced in accordance with the state of Florida, Palm Beach County and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. I will not bring any action arising from or related to these Terms except in a court of appropriate subject matter jurisdiction in the State of Florida, Palm Beach County, and I expressly consent to personal jurisdiction and proper venue by and in such court.
H. Headings; Severability. The headings of sections and paragraphs herein are for convenience of reference only and are without substantive significance. In the event that any provision of these Terms shall for any reason be held invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision and these Terms shall be interpreted and construed as if such term or provision, to the extent the same shall have been held to be invalid, illegal or unenforceable, had never been contained herein