CAHME Terms and Conditions


This Course Agreement (hereinafter, "Agreement") is made by and between CAHME, hereinafter referred to as "Course Provider," and you, further defined below, as a participant in the Course, also defined below.

All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as "Course") and any services provided by or on this Course Provider through the Course ("Services") and/or on the Course Learning Management System.

Please review the full Terms and Conditions below.  Users must agree to CAHME's Terms and Conditions in order to access the content in the CLC.  Also, click HERE to review information about CAHME's Privacy Policy.


This Course Agreement (hereinafter, "Agreement") is made by and between CAHME, hereinafter referred to as "Course Provider," and you, further defined below, as a participant in the Course, also defined below.

All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as "Course") and any services provided by or on this Course Provider through the Course ("Services") and/or on the Course Learning Management System.

1. Definitions

Term

Definition

Client

The subject/organization who purchases the services delivered through the CLC for one or more Users.

Course

Didactic material available through the Core Learning Center (CLC), designed to ensure a solid training program.

Faculty

A CAHME resource who participates in one or more courses.

Learning Management System (LMS)

The platform (Moodle) purchased and used by CAHME in order to offer online (e-learning) courses in the CLC.

Platform

This is the CLC created by CAHME in Moodle.

User

A user of the learning management system in possession of a User ID. You, as the participant in the course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.

User ID

Information needed to access Moodle and all related data. A User ID is uniquely assigned to a User in order to access to the Courses that have been activated for her/him in the CLC.

 

These terms and conditions of use apply to the Users of the Learning Management System. You are therefore kindly requested to read them carefully because by using the LMS, the User agrees to respect them all.

If you do not agree to the terms and conditions of use below, then you are not authorized to use the CLC and the Courses delivered through it.

2. Conditions of Use

CAHME allows access to and use of the CLC and the courses on the following conditions:

  • The LMS platform and the Courses delivered through it are available once payment has been made in accordance with the business agreement set out by CAHME and subscribed to by the Client. Access is activated for the Users named by the Client and only for the period stated in the agreement. At the end of this period, CAHME may proceed to block User access to the course(s) and/or to the CLC if those Users do not have access to other Courses.
  • We may provide you with certain information as a result of your accessing of the CLC through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course ("Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Course, your cessation of use of the Course or the Website, or at the termination of this Agreement.
  • The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.
  • The User agrees to use the CLC only for legitimate purposes and not to violate the rights of anyone else or not to limit or inhibit its legal use for anyone else. Prohibited behavior include, in addition to acts of piracy or acts which limit or prevent the availability of the CLC, also causing injuries or harassment to any other user, the transmission of obscene things, the access to the CLC if not holding an ID or when impersonating other users. CAHME will closely monitor the occurrence of these behaviors and, if found, will, at its sole discretion, remove access to the CLC for the user(s) who have been guilty of such acts.  No refund will be provided.
  • It is forbidden to probe, scan or test the accessibility and/ or vulnerability of the CLC or any network to which it is connected, or to violate the security or authentication measures of the CLC or any other network to which it is connected.
  • It is forbidden to interfere, using any automatic or manual appliance, program, algorithm or other means, with the correct functioning of the CLC or any operation conducted on it.
  • Each User is responsible for any content published on the CLC such as, and this is purely an example, messages or discussion board posts. The User relieves CAHME of any responsibility in relation to any content published.
  • The User will notify CAHME immediately if they notice other Users behaving in a way that is in violation of these conditions. They will also relieve CAHME from any responsibility and exempt them (CAHME) from any request for compensation for damage or loss when such damage or loss has not been caused by the company (CAHME).
  • If a User leaves the Client’s organization, the Client is allowed to substitute the departed User enrollment for another User ONE time only within the agreement period.

3. Intellectual Property

  • All copyrights, brands, materials, rights, patents and other intellectual property (registered and non-registered by CAHME and others) and all the contents that are on the CLC must remain property of CAHME or of other declared legitimate owners. The User agrees not to infringe any intellectual property rights of the content of the CLC (Courses included) and of the CLC itself and to accept and respect the property of such rights and all the regulations that protect them.
  • It is forbidden to copy, reproduce, republish, break apart, dis-compile, download, forward, send, distribute, transmit, or make available to the public any material or content or portion, file or information on the CLC.
  • You are allowed to copy and print material from the CLC only for personal use and for the training purposes for which it was designed.
  • The material downloaded or printed must not be modified and must be destroyed at the end of the access period for the Course to which it belongs.
  • The User will be held directly responsible for any improper use or distribution of the material and from the damage that derives from that.
  • You agree not to undertake any of the following actions: a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website; b) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

4. Accuracy of the Content and the Information

  • The training material contained on and delivered by the CLC and the CLC itself have been accurately checked to the best of our knowledge.
  • In particular, the CAHME Faculty and CAHME itself cannot be held responsible in any way for possible damages, direct or indirect, which are a consequence of the use of the contents present on the CLC and the CLC itself.
  • The training material on the CLC and the CLC itself can be updated at any time if requested by CAHME, the Faculty, or for technical reasons that reflect updates in knowledge, the improvement of the learning experience, the correction of any formal errors, theoretical or technical which may have been identified.
  • The content of any links to external sources of information that are present on the CLC must not be considered or interpreted as having been approved by CAHME.
  • These conditions of use are only applicable to the CLC and as such cannot be applied to the content of other websites referenced on it. It is therefore recommended that you read the conditions of use and the privacy policy that regulates these web sites.

5. Responsibility

5.1 Security and Service Conformity

  • Although CAHME has strived to provide the maximum possible during the planning, programming and delivery of the services offered via the CLC, it cannot guarantee that the CLC itself or any of its content, services or functions are without error, available without interruptions, compatible with all kinds of hardware or software (browser for example) or that potential defects are correct or that the use of the CLC will provide the results expected by the Client and/or User. The CLC and its contents are therefore offered and delivered “as they are” and “as available” without any guarantee of suitability for specific uses.
  • A minimum of suitable skills and equipment are required for the use of the CLC and the Courses available from it.
  • The failure to satisfy the requirements needed to use the CLC could lead to problems with the use of the materials for which CAHME cannot be held responsible.
  • Although CAHME pays particular attention to ensuring the highest possible security for the CLC, it cannot guarantee that any file or data downloaded from it is free of viruses, contamination or negative effects. The responsibility for periodic checks and all the measures intended to pick up on and minimize the impact of viruses or other attacks on the User’s personal computer are entirely the responsibility of the User.
  • Analogically, it is the responsibility of the User to ensure the correct use and conservation of the date needed for the User ID.

5.2 User ID

All of the CLC functions and services are available only with the creation of a specific User ID. A User ID is created by CAHME for every User and, is associated and communicated to that User. The User is entirely responsible for keeping the information relating to the User ID confidential (including user name and password) and is also responsible for what may happen if they fail to do so.

In particular, the User must:

      • always disconnect from the Platform when s/he leaves her/his device unattended;
      • not transmit information relating to User ID via e-mail or text without encrypting it.

By using the CLC:

      • You recognize the need and agree to notify CAHME immediately if you become aware of any unauthorized use of the User ID.
      • You agree not to use the User ID of any other User;
      • You recognize that CAHME cannot be held responsible for any damages or losses that derive from your failure to understand these obligations.

5.3 Responsibility

  • CAHME does not accept responsibility for direct or indirect damages, losses for the Client and or User or any third party that derives from the use of the CLC or its content.
  • You agree to defend, protect and keep CAHME and all its staff exempt from claims, responsibilities, damages, losses or expenses including legal expenses, that derive from or are connected to your violation of these terms and conditions of use.

6. Personal Data

  • The Data Controller of the CLC data is CAHME located at PO Box 911, Spring House, PA 19477
  • In order to use the CLC, the User will provide the following personal data: name, surname and email address.
  • By accepting these conditions of use, your consent to process personal data will be considered automatically given at every CLC access.
  • By not accepting the conditions, CAHME will not be able to allow the use of the CLC. 
  • When known by CAHME, also the following data may be inserted in the CLC: city/town, country, platform use preferences (for example language, time zone). The user could modify them her/himself using the CLC functionalities. 
  • During the access to the CLC, data related to its use will be collected automatically, in order to evaluate the progress of the learning activities, in particular: course material the User accessed to, access duration.
  • Such information is not used by or communicated to third parties unless the User gives her/his explicit consent.  
  • Please HERE to review our Privacy Policy for more information.
  • For any additional information on the processing of personal data or for the exercise of personal rights please contact Melissa Cross, CAHME Education Coordinator at: mcross@cahme.org.

 

7. No Warranties

You agree that your participation in the Course and your use of the LMS materials is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose, the implied warranty of merchantability or any warranty whatsoever that programs will qualify for accreditation. It also does not warrant that all items reviewed for accreditation are covered in the materials.  CAHME’s Self-Study guide is provided to guide uses along the accreditation process. Accreditation is determined by the site visitors based on the programs ability to meet CAHME standards and criteria.  While the CLC and the materials available therein may help programs prepare for Accreditation, completion does not guarantee accreditation. We make no warranties that the Course or LMS will meet your needs or that the Course or LMS will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Course or on LMS. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Course or your use of the LMS is your sole responsibility and that we are not liable for any such damage or loss.

8. Termination

  • We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
  • Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.

9. General Provisions

  • Language: All communications made or notices given pursuant to this Agreement shall be in the English language.
  • Jurisdiction, Venue & Choice of Law: Through your participation in the Course and your use of the Website, you agree that the laws of the Commonwealth of Pennsylvania shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Montgomery County, Pennsylvania. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
  • Arbitration: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Montgomery County, Pennsylvania. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Pennsylvania. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitration of claims.
  • Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
  • Severability: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
  • No Waiver: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
  • Headings for Convenience Only: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
  • No Agency, Partnership or Joint Venture: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
  • Force Majeure: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, pandemic and natural disasters, and other acts which may be due to unforeseen circumstances.
  • Electronic Communications Permitted: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: mcross@cahme.org.