By using this site and/or downloading the Viva Learning Player, I understand and agree to the following terms and conditions:
Terms and Conditions of Use
VIVA LEARNING LLC and its associates provide their services to you subject to the following conditions. Please read them carefully.
Email Messages and E-Newsletters
As part of the terms and conditions of creating your free Viva Learning account on this web site and utilizing Viva Learning as a free source of continuing education and CE credits throughout the Viva Network (all Viva affiliate sites), you agree to opt in to receive emails and newsletters from Viva Learning and/or Viva Learning CE Supporters associated with your specific content participation. As a User, you have the opportunity to opt out of receiving Viva Learning communications at any time.
When you visit Viva Learning or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
THIRD PARTY MATERIAL
The Site hosts information and courses provided by third-party vendors and other third party content suppliers (both hereinafter "Content Suppliers"). You acknowledge that Viva Learning LLC is not responsible or liable for any such third party content or for the availability of, or the materials located on or through, any external sites linked to on the Viva Learning LLC site or hosted by the Viva Learning LLC site.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of VIVA LEARNING LLC or its Content Suppliers and protected by international copyright laws. The Content Suppliers may own and are responsible for any material they post to the site or link to on the site or any material they provide to VIVA LEARNING LLC to post or link to the site. VIVA LEARNING LLC does not claim ownership of the content posted to the Site by Content Suppliers or take any responsibility for such content. The compilation of all content on this site is the exclusive property of VIVA LEARNING LLC, with copyright authorship for this collection by VIVA LEARNING LLC, and protected by international copyright laws.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by VIVA LEARNING LLC infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow VIVA LEARNING LLC to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send VIVA LEARNING LLC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Viva Copyright Notice, 3736 Bee Caves Rd, Suite 1-230, Austin, TX, 78746, USA (copyright @ vivalearning.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Provision of the Communication Decency Act
VIVA LEARNING LLC facilitates the upload of third party content and hosts such content on vivalearning.com and its affiliate sites. Viva Learning LLC and licensees of Viva affiliate sites are protected under Section 230 of the Communications Decency Act. Section 230 states that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider" (47 U.S.C. § 230). In other words, online intermediaries, such as VIVA LEARNING LLC, that host or republish the third party speech of others do not have the liability for such material and do not have the liability of the author of such material and are protected against a range of laws that might otherwise be used to hold them legally responsible for what others say and do. The protected intermediaries include not only regular Internet Service Providers (ISPs), but also a range of "interactive computer service providers," including basically any online service that allows third parties to have material posted to its site. Other than copyright infringement, if you feel that any third party material hosted on the VIVA LEARNING LLC site is violative of your rights, VIVA LEARNING LLC does not promise to remove such material but may consider the removal upon request. VIVA LEARNING shall be the sole determinant of what constitutes material violative of third party rights in this regard.
VIVA LEARNING LLC's trademarks and trade dress may not be used in connection with any product or service that is not VIVA LEARNING LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VIVA LEARNING LLC. All other trademarks not owned by VIVA LEARNING LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VIVA LEARNING LLC or its subsidiaries. If you feel a third party hosted on the VIVA LEARNING LLC site has violated your Trademark, please contact VIVA LEARNING LLC with a full description of the violation and proof of your ownership of the trademark at issue.
VIVA LEARNING LLC currently offers a free CE PASS so that users can conveniently use one username and password to access all Viva Affiliate websites. The free CE Pass does not guarantee that all content is free and VIVA LEARNING LLC and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel CE PASS holders in their sole discretion. In addition, at any time, VIVA LEARNING LLC reserves the right to offer CE PASS holders the option to purchase upgrades to their CE PASS, giving them access to additional content on VIVA LEARNING LLC sites including all Viva Affiliate sites.
LICENSE AND SITE ACCESS
VIVA LEARNING LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of VIVA LEARNING LLC. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VIVA LEARNING LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VIVA LEARNING LLC and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing VIVA LEARNING LLC's name or trademarks without the express written consent of VIVA LEARNING LLC. Any unauthorized use terminates the permission or license granted by VIVA LEARNING LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of VIVA LEARNING LLC so long as the link does not portray VIVA LEARNING LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any VIVA LEARNING LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. VIVA LEARNING LLC and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. VIVA LEARNING LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant VIVA LEARNING LLC and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant VIVA LEARNING LLC and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify VIVA LEARNING LLC or its associates for all claims resulting from content you supply. VIVA LEARNING LLC has the right but not the obligation to monitor and edit or remove any activity or content. VIVA LEARNING LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF ADVERSE EVENTS
VIVA LEARNING LLC sites, including all Viva Learning sites, offer content that include opinions, techniques, recommendations, etc. from a variety of writers and speakers that are not necessarily endorsed by VIVA LEARNING LLC, its associates and sponsored Viva Affiliates. Viewers are responsible for verifying the validity, accuracy and relevance of all content before implementing any techniques, products or recommendations into their clinical setting. Viewers understand that VIVA LEARNING LLC, its associates, writers, speakers and sponsored Viva Affiliates are not in any way responsible or liable for such third party content and any adverse events that may occur (i.e., in a clinical setting or anywhere) based on any third party information hosted by VIVA LEARNING LLC sites, including all Viva Learning sites. In this regard, please see the reference to CDA Section 230 above. In addition, VIVA LEARNING LLC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked or otherwise made available on the Site (including that posted by Content Suppliers).
VIVA LEARNING LLC and its associates attempt to be as accurate as possible. However, VIVA LEARNING LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by VIVA LEARNING LLC itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY VIVA LEARNING LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIVA LEARNING LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIVA LEARNING LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIVA LEARNING LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM VIVA LEARNING LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIVA LEARNING LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting VIVA LEARNING LLC, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and VIVA LEARNING LLC or its associates.
Any dispute relating in any way to your visit to VIVA LEARNING LLC or to products you purchase through VIVA LEARNING LLC shall be submitted to confidential arbitration in Austin Texas, except that, to the extent you have in any manner violated or threatened to violate VIVA LEARNING LLC's intellectual property rights, VIVA LEARNING LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to VIVA LEARNING LLC. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Physician Payment Sunshine Act:
In accordance with the Physician Payment Sunshine Act (“Sunshine Act”), which became effective August 1, 2013, Viva Learning LLC will compile a list of those doctors, for each calendar year, that earn CE credits valued at $100 or more, based on each CE credit valued at $30.00. The list will be sent to the appropriate CE sponsors to facilitate their Sunshine Act reporting obligations.
TERMS AND CONDITIONS FOR VIVA WEBINAR PLAYER
This is a legal agreement between the person or organization (“Customer” or “you”) agreeing to these Terms of Service (“Terms”) and (“VIVA LEARNING,” “us,” or “we”). By accepting these Terms, or using the Viva Webinar Player (“VWP”), you represent that you are of legal age and have the authority to bind the Customer to these Terms, and the applicable Service Descriptions (collectively the “Agreement”)
ACCESS AND USE OF THE VWP-- Right to Use VWP. You agree to use the Viva Webinar Player (VWP) in accordance with these Terms. We grant you a limited right to use our VWP only for professional purposes. Technical support for the VWP is available at email@example.com. The VWP, software and websites are provided via equipment and resources located in the United States and other locations throughout the world and you consent to having personal data processed by us in the United States and other locations throughout the world.
-- Limitations on Use. By using our VWP, you agree on behalf of yourself, your users and your attendees, not to (i) modify, prepare derivative works of, or reverse engineer, our VWP; (ii) knowingly or negligently use our VWP in a way that abuses or disrupts our networks, user accounts, or the VWP; (iii) transmit through the VWP any harassing, fraudulent or unlawful material; (iv) market, or resell the VWP to any third party; (v) use the VWP in violation of our policies, applicable laws, or regulations; (vi) use the VWP to send unauthorized advertising, or spam; (vii) harvest, collect, or gather user data without their consent; or (viii) transmit through the VWP any material that may infringe the intellectual property or other rights of third parties.
-- Changes to VWP. We reserve the right to enhance or modify features of our VWP but will not materially reduce the core functionality or discontinue any VWP unless we provide you with prior written notice. We may offer additional functionality to our standard VWP or premium feature improvements for an additional cost.
-- Proprietary Rights and VIVA LEARNING Marks. You acknowledge that we or our licensors retain all proprietary right, title and interest in the VWP, our name, logo or other marks (together, the “VIVA LEARNING Marks”), and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates in whole or in part the VIVA LEARNING Marks or is similar to any of these. You agree to comply with our Trademark & Copyright Guidelines (http://vivalearning.com/terms.asp), which are incorporated into this Agreement by reference.
YOUR ACCOUNTS. You are solely responsible for (i) all use of the VWP by you and your users, (ii) obtaining consent from your users to the collection, use, processing and transfer of Content, and (iii) providing notices or obtaining consent as legally required in connection with the VWP. We do not send emails asking for your usernames or passwords, and to keep your accounts secure, you should keep all usernames and passwords confidential. We are not liable for any loss that you may incur if a third party uses your password or account. We may suspend the VWP or terminate the Agreement if you, your users, or attendees are using the VWP in a manner that is likely to cause harm to us. You agree to notify us immediately and terminate any unauthorized access to the VWP or other security breach.
COMPLIANCE WITH LAWS. In connection with the performance, access and use of the VWP under the Agreement, each party agrees to comply with all applicable laws, rules and regulations including, but not limited to export, privacy, and data protection laws and regulations. If necessary and in accordance with applicable law, we will cooperate with local, state, federal and international government authorities with respect to the VWP. Notwithstanding any other provision in these Terms, we may immediately terminate the Agreement for noncompliance with applicable laws.
WARRANTIES. WE DO NOT REPRESENT OR WARRANT THAT (i) THE USE OF OUR VWP WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA, (ii) OUR VWP WILL MEET YOUR REQUIREMENTS, OR (iii) ALL ERRORS OR DEFECTS WILL BE CORRECTED. USE OF THE VWP IS AT YOUR SOLE RISK. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT OUR SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING VWP, OR TO TERMINATE THE NON-CONFORMING VWP OR THE APPLICABLE ORDER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS.
LIMITATION ON LIABILITY. LIMITATION ON INDIRECT LIABILITY. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
You understand and agree that the VWP may contain bugs, errors and other defects, and use of the VWP is at your sole risk. We have no obligation to provide technical support and we may discontinue provision of VWP at any time in our sole discretion and without prior notice to you. These VWP are offered “AS-IS”, and to the extent permitted by applicable law, we disclaim any liability, warranties, indemnities, and conditions, whether express, implied, statutory or otherwise. If you are using VWP, you agree to receive related correspondence and updates from us, and acknowledge that opting out may result in cancellation of your access to the VWP.
No Class Actions. You may only resolve disputes with us on an individual basis and you agree not to bring or participate in any class, consolidated, or representative action against us or any of our employees or affiliates.
Security Emergencies. If we reasonably determine that the security of our VWP or infrastructure may be compromised due to hacking attempts, denial of service attacks, or other malicious activities, we may temporarily suspend the VWP and we will take action to promptly resolve any security issues.
Assignment. Neither party may assign its rights or delegate its duties under the Agreement either in whole or in part without the other party’s prior written consent, which shall not be unreasonably withheld, except that either party may assign the Agreement to an affiliated entity, or as part of a corporate reorganization, consolidation, merger, or sale of all or substantially all of its assets. Any attempted assignment without consent will be void. The Agreement will bind and inure to the benefit of each party’s successors or assigns.
Notices. Notices must be sent by email, personal delivery, overnight courier or registered mail. We may also provide notice to the email last designated on your account, electronically via postings on our website, in-product notices, or our self-service portal or administrative center. Unless specified elsewhere in this Agreement, notices should be sent to us at the address for your applicable contracting entity, with a copy to our Legal Department, 3736 Bee Caves Rd, Suite 1-230 West Lake Hills, TX 78746, and we will send notices to the email last designated on your account. Notice is given (a) upon personal delivery; (b) for overnight courier, on the second business day after notice is sent, (c) for registered or certified mail, on the fifth business day after notice is sent, (d) for email, when the email is sent, or (e) if posted electronically, upon posting.
Entire Agreement; Order of Precedence. The Agreement sets forth the entire agreement between us relating to the VWP and supersedes all prior and contemporaneous oral and written agreements, except as otherwise permitted. Nothing contained in any document submitted by you will add to or otherwise modify the Agreement. We may update the Terms from time to time, which will be identified by the last updated date, and may be reviewed at . Your continued access to and use of the Service constitutes your acceptance of the then-current Terms.
General Terms. If any term of this Agreement is not enforceable, this will not affect any other terms. Both parties are independent contractors and nothing in this Agreement creates a partnership, agency, fiduciary or employment relationship between the parties. No person or entity not a party to the Agreement will be a third party beneficiary. Our authorized distributors do not have the right to modify the Agreement or to make commitments binding on us. Failure to enforce any right under the Agreement will not waive that right. Unless otherwise specified, remedies are cumulative. The Agreement may be agreed to online, or executed by electronic signature and in one or more counterparts. No party will be responsible for any delay or failure to perform under the Agreement due to force majeure events (e.g. natural disasters; terrorist activities, activities of third party service providers, labor disputes; and acts of government) and acts beyond a party’s reasonable control, but only for so long as those conditions persist.
Contracting Party, Choice of Law and Location for Resolving Disputes. The contracting entity, contact information, and governing law for your use of the VWP will take place in Austin Texas.