Terms of Service

Terms of Use Agreement between User and Paraprofessional Healthcare Institute, Inc. (“PHI”)

This website is offered to you conditioned on your acceptance without modification of the terms and conditions contained herein (the “Agreement”). Your use of this website constitutes your agreement to all such terms and conditions. You may use this website only in compliance with these terms and conditions and all applicable local, state, national, and international laws, rules, and regulations. If you do not accept each and every one of these terms and conditions, you should not use this website.

PRIVACY POLICY

Users agree to comply with the Privacy Policy in the form set forth at: www.phinational.org/about/privacy-policy

PERSONAL AND NONCOMMERCIAL USE LIMITATION

This website is for your personal and noncommercial use. You may not use a personal account on this website for commercial gain. Nothing in this Agreement shall be construed to transfer any ownership or intellectual property rights currently held by PHI.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this website are: ©2017 PHI 400 East Fordham Road, 11th Floor, Bronx, New York 10458. All rights reserved. PHI, PARAPROFESSIONAL HEALTHCARE INSTITUTE, PHI COACHING APPROACH, PHI COACHING SUPERVISION, QUALITY CARE THROUGH QUALITY JOBS, and NATIONAL CLEARINGHOUSE ON THE DIRECT CARE WORKFORCE are either registered trademarks or trademarks of PHI. Other product and company names mentioned herein may be the trademarks of their respective owners.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

PHI AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME. PHI AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY PHI OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PHI AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL PHI AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PHI AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO UNLAWFUL OR PROHIBITED USE; INDEMNIFICATION

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. With respect to any claims brought by third parties as a result of your breach of this Agreement, your violation of any law or the rights of a third party, or your use of this website, you agree to indemnify and hold harmless PHI and its officers, employees, directors, and agents as to all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claims.

LINKS TO THIRD-PARTY SITES

This website may contain hyperlinks to websites operated by parties other than PHI. Such hyperlinks are provided for your reference only. PHI does not control such websites and is not responsible for their contents, privacy policies, data retention, or other practices. PHI’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

MODIFICATION OF THESE TERMS AND CONDITIONS

PHI reserves the right to change the terms, conditions, and notices under which this website is offered.

PHI’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of PHI’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by PHI with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire Agreement between the customer and PHI with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and PHI with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

USE OF PHINATIONAL.ORG

You may not access or copy any content on this website using any spider, robot, or other automated means without express written consent from PHI. Additionally, you may not do anything that, in PHI’s sole discretion, causes an unwarranted strain on the infrastructure of this website or PHI’s computers or servers. You warrant that you are at least thirteen (13) years of age and possess the legal authority to enter into this Agreement and to use this website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this website. You agree not to post content that is hateful, disparaging, distasteful, threatening, or pornographic; or content that incites violence, contains nudity, or contains graphic violence. You also warrant that all information supplied by you or members of your household in using this website is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You must not use this website to do anything that is unlawful, misleading, or discriminatory. PHI reserves the right to deny access to anyone to this website or to terminate, modify, or delete accounts (in its sole discretion) at any time and for any reason, including but not limited to, any violation of this Agreement.

The information displayed on this website is PHI’s proprietary content or content licensed to PHI by a third party. Users may not license, sell, or base derivative works on any content, goods, or services made available on this website. Users may, however, distribute or display content found on this website solely for noncommercial educational purposes contingent on the inclusion of the following copyright notice on such portions of any content taken from this website: “© 20xx Paraprofessional Healthcare Institute, Inc.” Reproduction of this work without the written permission of the copyright holder is prohibited.” Users may not exercise any of the rights granted under this Agreement in any manner intended to achieve a commercial advantage or monetary compensation or in any manner that achieves the same.

CHOICE OF LAW; JURISDICTION

This Agreement and any claim or action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation that arises out of your use of this website must be brought solely in the State of New York, and by using this website you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting the terms of this Agreement on behalf of a United States federal government entity that cannot legally accept the provisions for choice of law, jurisdiction, or venue described above, then those provisions do not apply to you but instead this Agreement will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent allowed by federal law, the laws of the State of New York (excluding choice of law).