Coronavirus Workforce Preparedness Training
Terms and Conditions
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.
PRODUCT DESCRIPTION
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:
- 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.
- Terms of Use. Permission to use GHR’s
Certificate Marks only as received through successfully
completing the Training, as defined by GHR. At the end of
such Certificate period, all rights to use the Certificate
Marks terminate; and I will immediately cease use of the
Certificate Marks. GHR may terminate any rights I have in
the use of the Certificate Marks if I fail to maintain
current Certificate status or if I fail to uphold the
integrity of the Training.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Miscellaneous.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
