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MediaLab, Inc. and LabCE.com Terms of Service
MediaLab, Inc. and LabCE.com Terms of Service
Description of Service: MediaLab provides online continuing education and compliance courses for clinical laboratory science and an online tracking and reporting application for administering those courses to employees. Your subscription gives you access to these services via the Internet for the designated number of active users.
Implementation: MediaLab’s services are designed to be easy-to-use, and implementation can be easily completed by the user. You are responsible for implementation of MediaLab’s services, including but not limited to adding users, configuring groups and permissions, uploading files / documents, creating assignments, and creating custom courses. Technical support is available to answer questions regarding implementation.
Technical Requirements: MediaLab’s applications are provided over the Internet. You are responsible for providing Internet access to your end users (including but not limited to Internet provider, hardware, and software). MediaLab is not responsible should applications become unavailable due to Internet connectivity issues.
Length of Service: Services are provided for one full year from the date that payment is received and subscription access is granted to the user. MediaLab will notify user prior to service expiration date. MediaLab reserves the right to terminate access and remove user data (including but not limited to user records, uploaded documents, and files) if the service expiration date has passed and services have not been removed.
Support: MediaLab provides implementation assistance and ongoing technical support for subscribers by toll-free phone number and e-mail. Support is available Monday through Friday, 10AM to 6PM ET, excluding federal holidays. Support voicemails and e-mails will be returned within 3 business days. MediaLab does not provide on-site support.
Privacy: MediaLab will not sell, rent, or intentionally disclose any information concerning or provided by you, your employees, and your employees. We verify your identify with your user ID and password, which you are responsible for keeping secure. However, we assume no liability for the unintentional disclosure of data. MediaLab is required to submit certain data to accrediting organizations, including the American Society of Clinical Laboratory Science and Florida's CEBroker system, to maintain our continuing education credentials and award CE credit to those who have completed courses. Name, place of employment, course completed, date, and license number (for Florida CEBroker) are included in this transmitted information. This information is transmitted as a service to our customers and as required by law. Please refer to ASCLS and Florida CEBroker for details on how they process personal information.
Access, Passwords, and Security: You are responsible for maintaining the security of your administrative user ID and password. You are responsible for contacting MediaLab immediately if you suspect that someone else has obtained unauthorized access to your user ID or password.
Registration Information: You are responsible for keeping your registration information including email address, current and accurate.
Electronic Communications: You agree that MediaLab may, at its discretion, review, but is not obligated to review, information and activity in your electronically submitted data for purposes of monitoring activity, and compliance with these terms of service. You will not use this service for any purpose that is unlawful, abusive, harassing libelous, defamatory, obscene, or threatening. You will not upload, post, reproduce, or distribute any information, software, images, or other material that is protected by copyright or any other intellectual property right (including rights of publicity and privacy), without written permission of the copyright holder. You will be solely responsible for any infringement of copyright for material you submit to the service. You agree that MediaLab may submit notifications to you via email.
Security of Data transmission: You agree to use browser software that supports Secure Socket Layer protocol (SSL), which is currently in use by MediaLab to encrypt employee and administrative internet data transmission. However, you nevertheless acknowledge that it is possible that unauthorized third parties may access data when communicated between you and MediaLab using Internet, telephone, or any other electronic means.
Security and Storage of Data: MediaLab provides methods for you to back up and retrieve your data, including printable reports and data downloads (in CSV, PDF, and/or other appropriate formats). You are responsible for maintaining copies of data and reports on your local hard drive, on paper, or using other storage mechanisms. MediaLab assumes no liability for loss of data, or failure to store your data.
Refunds and Cancellations: Refund requests and order cancellations must be made by e-mail, phone, or in writing and must be received by MediaLab within 30 days of MediaLab's receipt of payment and activation or renewal of the subscription. MediaLab may, at its sole discretion, deny a request for a refund should it determine that the subscriber made "significant use" of the program. Significant use includes completing two or more CE courses and / or three or more exam review sessions, or completing a single, separately-purchased course.
MediaLab's Proprietary Rights: You acknowledge that our software contains proprietary copyrighted code, and has a proprietary interface. MediaLab grants you a non-transferable, non-exclusive, and terminable right and license to use the object code of its Software; provided that you do not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or modify the Software.
Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEDIALAB EXPRESSLY DISCALIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEDIALAB MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv), ANY ERROR IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OR OBTAINED BY YOU FROM MEDIALABINC OR THROUGH OR FROM THE SERVICE SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
LIMITATION OF LIABILITY: IN NO EVENT WILL MEDIALAB INC BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENT, INCIDENT, SPECIAL, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE ITEMS) EVEN IF MEDIALABINC INC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSSES. YOU AGREE THAT THE LIABLITIY OF MEDIALAB INC ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMGES, ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY OT YOU.
Indemnity: You agree to defend, indemnify, and hold MediaLab Inc harmless from and against any and all claims, losses, liability, costs, and expenses arising from your violation of the Terms of Service, state or federal law, or regulation, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of Service.
Modifications to or Discontinuation of Service: While MediaLab has no plans to discontinue or substantially modify its services, including Compliance & CE and Document Control, MediaLab reserves to discontinue or substantially modify services with adequate notice to users. At least ninety (90) days’ notice will be given before any services are discontinued or substantially modified. Services will not be discontinued before existing contracts complete their term.
Force Majeure: If, for any reason beyond its control, MediaLab is unable to comply with its provided service descriptions, then performance by MediaLab shall be excused until the reason for such inability ceases to exist. In the event that such inability shall exist for a period of at least thirty (30) days, the parties shall negotiate a resolution of any performance problems. If the parties fail to negotiate a resolution within thirty (30) days, this contract shall be terminated.
Our Ability to Terminate Service: MediaLab Inc. reserved the right to terminate your service, if, in its sole discretion, it perceives an abuse or misuse of the service. If MediaLab terminated the service, it will refund any prepayment pro rata based on the term of the agreement, and data will be provided to you as a text file or other appropriate format.
Notices: Notices to you from MediaLab may be made by either e-mail or regular mail. MediaLab Inc may modify these terms upon notice to you.
General Provisions: These terms of service constitute the entire agreement between you and MediaLab Inc. The Laws of the State of Georgia shall govern this agreement. You and MediaLab Inc. agree to submit the personal and exclusive jurisdiction of the courts located within the county of Gwinnett, Georgia. The failure of MediaLab to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found to be invalid, the parties nevertheless agree that the courts should endeavor to give effect to the parties intention as reflected in the provision, and other provisions of this agreement will remain in full force and effect.
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