Last updated June 4, 2021
1. ABOUT US
The Learn to Screen Instructional Modules are products developed and maintained by the National Center for Hearing Assessment and Management (NCHAM) (“us”, “we” or “our”) in the Psychology Department of the Emma Eccles Jones College of Education and Human Services at Utah State University (“USU”). NCHAM’s contact information is: 2615 Old Main Hill, Logan, UT, 84322, USA.
The mission of NCHAM is to ensure that all infants and young children with hearing loss are identified as early as possible and have access to timely and appropriate audiological, educational, medical intervention, and family support services. NCHAM’s Learn to Screen modules (the “Program”) offer helpful information and ways for practicing new skills in an easy-to-use online format. We deliver to users (“Users”, “you”, “your”) tools and information via our online platform.
4. YOUR ACCOUNT
a. Eligibility. By creating an account, you represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information.
b. Your password. When you register, you will be asked to choose a username and a password. You are responsible for maintaining the confidentiality of your password and all use of your Learn to Screen account. You agree not to use the account, username, or password of another User. You agree to notify us immediately if you suspect any unauthorized use of your Learn to Screen account or access to your password.
5. LICENSE & INTELLECTUAL PROPERTY OWNERSHIP
6. PERMITTED USE OF PROGRAM
The Program is made available to you for your non-commercial use only. You agree not to use the Program or any of its Content to promote a product or service. You may not modify, reproduce, download, store, distribute, publish, license, or create derivative works from the Program or from the Content. You may not access the Program in any way that could damage, disable or overburden the Program. You may not use any third-party APIs, software, tools or scripts to access or modify the Program or underlying technology, unless you are authorized in writing by NCHAM.
In all cases, “Content” means any and all text, images, photos, videos, sounds, messages, files, feedback, bug reports, or other materials and works of authorship. The Content that you encounter has different rules and restrictions, as set forth below:
a. Learn to Screen Content and ownership. You acknowledge and agree that USU owns or controls all right, title and interest in the Program and in the Content included within the Program, including its logos and all other Intellectual Property Rights it controls.
b. Content restrictions. You agree not to (i) modify, copy, publish, display, transmit, distribute, perform, sell or create derivative works based on the Content and Program; (ii) rent, lease, loan or sell access to the Program; or (iii) decompile, reverse engineer or copy any Content or the Program. You also agree to not remove, obscure or alter our or a third party’s copyright notice, logos, trademarks or other proprietary rights notices affixed to or contained within the Program. You will not interfere with, disrupt or create an undue burden on the Program or the networks or services connected to the Program.
8. SUBSCRIPTION & OTHER CHARGES
We require a one-time access fee charged in advance. Your payment will be charged and processed by PayPal, Inc. and transferred to us.
10. LEGAL OBLIGATIONS
In order to cooperate with legitimate government or regulator requests, subpoenas or court orders, to protect our systems and Users, to protect the property and rights of USU or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being illegal, unethical, or legally actionable, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, account information, device ID, IP address, usage history, and other information and data.
11. DISCLAIMER OF WARRANTIES
THE PROGRAM IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. NEITHER USU NOR NCHAM MAKES ANY CLAIMS WHATSOEVER ABOUT ANY BENEFITS FROM THE USE OF THE PROGRAM. USU AND NCHAM EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES ASSOCIATED WITH THE PROGRAM, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS. USU DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, QUALITY AND PERFORMANCE OF THE PROGRAM. USU DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE PROGRAM, AND DOES NOT GUARANTEE THAT YOU WILL RECEIVE ANY BENEFIT FROM YOUR USE OF THE PROGRAM. YOU UNDERSTAND AND AGREE THAT YOU USE THE PROGRAM AT YOUR OWN DISCRETION AND RISK.
12. LIMITATION OF LIABILITY
Under no circumstances shall USU, NCHAM, or the Emma Eccles Jones College of Education and Human Services, or any of their officers, directors, employees, students, agents, or representatives be liable to you in connection with your use or misuse of the Program. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if NCHAM has been advised of the possibility of such damages). This limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Program, from inability to use the Program, from any claim relating to the user of the Program, or from the interruption, suspension, or termination of the Program. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
You hereby release USU, our officers, directors, employees, students, agents, and representatives from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, emotional distress, death and property damage, that is either directly or indirectly related to or arises from (i) your use of the Program or (ii) your participation in any offline events. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Your interaction with third parties, including any payment or delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. You agree that USU will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of your personal information that you make available to them. If there is a dispute between you and any third party, we are under no obligation to become involved and you agree not to involve us unless we request otherwise in writing; however, we reserve the right, but have no obligation, to monitor disputes between you and third parties.
16. THIRD PARTY SERVICES AND PARTNER COMMUNITIES
The Program may contain links to third party applications, websites or services, and also may be accessed via a plug-in through third party applications, websites or services (“Third Party Services”). We may also enable sharing and interoperability to Third Party Services, Partner Communities and other Users or use other means that allow you to connect the Program to Third Party Services, Partner Communities and other Users. You use all such connections to Third Party Services and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience and do not imply our endorsement of or affiliation with such Third Party Service or Partner Community. While we will always strive to select the best partners, we accept no responsibility for the quality, content, policies or reliability of Third Party Services or Partner Communities or for links back to the Program. You should review applicable terms and policies, including privacy and data gathering practices, for any Third Party Services or Partner Communities and should make whatever investigation you feel necessary or appropriate and choose appropriate settings for sharing your personal information before proceeding with any interaction with a Third Party Service or Partner Community.
18. INITIAL RESOLUTION OF QUESTIONS OR DISPUTES
For any claim where the total amount of the award sought is less than $10,000 (excluding claims for injunctive or other equitable relief), either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
20. LAW AND JURISDICTION
21. MISCELLANEOUS PROVISIONS