Terms and Conditions
Access to Site. EMTprep provides its members with National Registry of Emergency Medical Technicians (“NREMT”) test preparation. Members must provide all equipment necessary for their own Internet connection, including any related fees. The Site is for your personal use only. Commercial use of the Site or of any Site content is prohibited.
Children. The Site is intended for the use of adults 18 years or older and children over the age of 13. You are not permitted to use the Site if you are under the age of 13. By using the Site, you agree to provide us with accurate information concerning your age or identity if requested and you agree not to assist children under the age of 13 in accessing the Site.
Copyrights. All content, applications, digital downloads, data compilations on the Site, and all text, photographs, graphics, video, and audio included in them (“Site Materials”) are the property of or licensed to EMTprep. The Site contains material that is protected by copyright, trademark, or other intellectual property rights, and the Site itself is protected as a collective work under the copyright laws of the United States and other countries. Except for user content that you own, you may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site Materials.
Botnets. You agree that you will not use any robot, spider, or other automatic devices, or manual process to monitor or copy Site Materials. EMTprep retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, EMTprep reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Trademarks. The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of EMTprep and EMTprep licensors. You may not use the Trademarks in connection with any product or service that does not belong to EMTprep, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. You may not frame the content of the Site without express, written consent by EMTprep. You may not use metatags or any other “hidden text” that incorporates the EMTprep Trademarks or its name without our express written consent.
User Content. By submitting content, regardless of form or medium, (collectively, “User Content”), you grant EMTprep a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, license to use, publish, publicly display and sublicense User Content, in whole or in part, in original form or as edited or modified by EMTprep, in all languages, forms, and media, on the Site and elsewhere, unless otherwise agreed to in writing. EMTprep reserves the right, but not the obligation, to edit, modify and/or remove your User Content without prior notice. You are solely responsible for your User Content, and you represent that you will not: (a) submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (b) use a false identity or impersonate any other person or use a name that you are not authorized to use; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to civil liability or is otherwise inappropriate.
Notification of Claimed Copyright Infringement. Pursuant to 17 U.S.C. § 512(c), EMTprep designates the following individual as its agent for receipt of notifications of claimed copyright infringement: Kirk H. Strohman, 1158 High Street, Suite 201, 541-342-1929, firstname.lastname@example.org.
Compliance with Laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You will not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
Disclaimer of Warranties; Limitations on Liability. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ALL INFORMATION ON THE SITES AND/OR INCLUDED IN E-MAILS DISTRIBUTED TO YOU BY EMTPREP IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL EMTPREP BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification. You agree to indemnify and hold EMTprep, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to, or arising out of your use of the Site, the violation of this Agreement, or infringement by you, or other users of the Site using your computer, of any intellectual property or any other right of any person or entity.
Third-Party Sites. The Site and/or e-mails from EMTprep may include links to other sites on the Internet that are owned and operated by third parties. EMTprep does not endorse and is not responsible for the availability or content of third-party services that may be linked to the Site. We encourage all Members to review said terms and conditions and privacy policies of all third-party sites.
Choice of Law; Forum. Any dispute you have with EMTprep arising from or related to this Agreement will be governed by Oregon law and the exclusive forum for disputes arising from or related to this Agreement shall be Lane County Circuit Court or the Federal District Court in Eugene, Oregon.
Waiver of Jury Trial. The parties (you and EMTprep) irrevocably waive any and all right to trial by jury in any legal proceedings arising from or relating to this Agreement.
Severability. If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
Transferability. This Agreement and any other agreements referenced herein may be assigned by EMTprep, in its sole discretion, to a third party in the event of a merger or acquisition.
Other Agreements. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a member.