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Product Agreement

Please carefully read these terms and conditions (the “Product Agreement”), the OSAP Terms of Use (“Terms of Use”) and the OSAP Privacy Policy (the “Privacy Policy”) (collectively, the “Agreement”), as use of an OSAP course or other product (each a “Product”) constitutes your acceptance of the terms of this Agreement. If you do not agree to the terms of this Agreement, then you may not access or use any Product. You represent and warrant that you have the legal authority to bind yourself to the terms of this Agreement. You acknowledge and agree that you have read and are hereby bound by this Agreement and agree to comply with all applicable laws, regulations and/or rules with regard to your use of the Products. “Learner” means you, as the person using the applicable Product. “Purchaser” means the person or entity that purchased the right to use that Product. Learner hereby agrees to the following:

LEARNER UNDERSTANDS THAT THE INFORMATION, TEXT, PHOTOS, DIAGRAMS, AND OTHER MATERIALS CONTAINED IN THE PRODUCTS (INCLUDING CONTENT PROVIDED BY OSAP’S AFFILIATES AND LICENSORS) (COLLECTIVELY, THE “PRODUCT CONTENT”) IS PROVIDED ONLY AS AN EDUCATIONAL RESOURCE. OSAP DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE PRODUCTS OR PRODUCT CONTENT. PRODUCT CONTENT MAY BE OUT OF DATE AT ANY GIVEN TIME, AND OSAP IS UNDER NO OBLIGATION TO UPDATE IT. THE PRODUCT CONTENT IS NOT INTENDED AS, AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. ADHERENCE TO ANY INFORMATION OR SUGGESTIONS CONTAINED IN THE PRODUCT CONTENT IS AT YOUR OWN RISK AND DOES NOT ENSURE COMPLIANCE WITH ANY FEDERAL OR STATE LAWS, RULES, OR REQUIREMENTS THAT MAY APPLY TO YOU. OSAP RECOMMENDS THAT YOU SEEK THE ADVICE OF LEGAL COUNSEL REGARDING SUCH LAWS, RULES, AND REQUIREMENTS.

Learner understands that OSAP, its affiliates, and licensors are the sole and exclusive owners of all right, title and interest in and to the Products and all Product Content, including all intellectual property rights, and that, except as expressly set forth in this Agreement, all rights relating to the Products and Product Content are expressly reserved by OSAP, its affiliates and licensors.

In consideration for Purchaser’s payment of the applicable fee for a Product and subject to Learner’s compliance with this Agreement, Learner understands and agrees that OSAP is granting Learner a non-exclusive, limited license to use that Product solely for Learner’s personal, non-commercial use. Learner will not copy any Product Content or provide any Product Content to other individuals or organizations, nor will Learner use the Products or any Product Content to create his/her own review product or for any other purpose whatsoever. Learner further agrees not to provide his/her login and password to anyone. Learner understands that OSAP will strictly enforce its proprietary rights in the Products and Product Content and that Learner may face legal action if Learner breaks any term or condition of this Agreement, in addition to suspension or termination of Learner’s access to the Products. Learner further acknowledges and agrees that OSAP may suspend or terminate access to the Products at any time in its sole discretion.

Learner understands that, with respect to Products that are continuing education courses, OSAP will award Learner the continuing education credits specified in the course description upon successful completion. Learner understands that he/she is responsible for printing the verification of participation (i.e., CE Certificate). Only Learner’s name, as OSAP registered user, will be printed on the verification of participation.
Learner understands that the fees for the use of the Products are nonrefundable. Payment of the fees provides Learner with online access to each Product solely for the duration of the access period stated in the applicable Product description, starting with the date that Purchaser’s payment for that Product is processed by OSAP (the “Access Period”). Learner acknowledges that it can take OSAP up to one (1) business day to process payment and email course login information.

LEARNER UNDERSTANDS AND AGREES THAT EACH PRODUCT, INCLUDING ALL PRODUCT CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OSAP, ITS AFFILIATES, AND LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LEARNER UNDERSTANDS AND AGREES THAT OSAP, ITS AFFILIATES, AND LICENSORS MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF INFORMATION CONTAINED IN THE PRODUCTS AND DO NOT WARRANT THAT ANY PRODUCT WILL MEET THE REQUIREMENTS OF LEARNER, THAT ACCESS TO THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN ANY PRODUCT WILL BE CORRECTED. IN NO EVENT WILL OSAP, ITS AFFILIATES, OR LICENSORS BE LIABLE FOR ANY DECISION MADE IN RELIANCE ON ANY PRODUCT CONTENT.

THE TOTAL LIABILITY OF OSAP, ITS AFFILIATES AND LICENSORS ARISING OUT OF THIS AGREEMENT AND USE OF A PRODUCT WILL BE LIMITED TO THE FEES PURCHASER PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. IN NO EVENT WILL OSAP, ITS AFFILIATES OR LICENSORS BE LIABLE TO PURCHASER, LEARNER, OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT OR OTHER DAMAGES WHATSOEVER, INCLUDING PROPERTY DAMAGE, LOSS OF GOODWILL, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA, OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE OR USE OF ANY PRODUCT OR PRODUCT CONTENT, REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS), EVEN IF IT OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LEARNER UNDERSTANDS THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO PURCHASER OR LEARNER. IN SUCH EVENT, OSAP’S TOTAL CUMULATIVE LIABILITY TO PURCHASER, LEARNER, AND ANY OTHER PARTIES WILL BE THE MINIMUM AMOUNT PERMITTED BY LAW.

Purchaser and Learner have read and understand the system requirements described in the FAQs at osap.mclms.net/en/faqs and are solely responsible for obtaining all services and equipment necessary to access and use the Products and paying all usage and other charges associated therewith, including but not limited to telecommunications charges. Some of the foregoing services and equipment Learner obtains may be subject to terms that are different from or additional to the terms of this Agreement. Learner may be required to agree to such terms prior to use of such services and equipment.

Learner acknowledges and agrees that the Products may be delivered by email. Accordingly, Learner hereby consents to be contacted via email by OSAP regarding the Products or other OSAP products in accordance with the Privacy Policy. Learner hereby grants permission to OSAP to share Learner’s account information, including but not limited to name, email address, and course information, with its affiliates and third parties in accordance with the Privacy Policy. If Purchaser is purchasing the Products for someone other than him/herself, Purchaser certifies that he/she has permission to provide Learner’s name and email address to OSAP.

This Agreement and the Infection Prevention & Safety CE Center Terms of Use (which is incorporated herein), constitute the entire agreement between Learner and OSAP governing Purchaser’s and Learner’s use of the Products. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement will be unimpaired and will remain in full force and effect, and the invalid, illegal or unenforceable provision will be replaced by a valid, legal, and enforceable provision that comes closest to the parties’ intent underlying the invalid, illegal or unenforceable provision. OSAP’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

Learner agrees that the statutes and laws of the United States and the State of Georgia, without regard to conflicts of laws principles, will apply to all matters relating to Purchaser’s purchase of and Learner’s use of the Products and any litigation will be subject to the exclusive jurisdiction of the state or federal courts in Fulton County, GA. Learner hereby consents and submits to the personal jurisdiction of such courts and extra-territorial service of process. Learner agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Products or this Agreement must be filed by Learner within one (1) year after such claim or cause of action arose or be forever barred. Learner further agrees that any disputes, claims, and causes of action arising out of or connected with any Product and/or this Agreement will be resolved individually, without resort to any form of class action.

You hereby defend, indemnify, and hold harmless OSAP, its affiliates and licensors and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, judgments, awards, losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or any applicable Product Agreement or your use of the Infection Prevention & Safety CE Center or any Product or Content.

For any questions, complaints, or claims regarding this Agreement or any Product, or more information, please contact OSAP by email at [email protected]. You may also contact us by telephone at +1 (410) 571-0003 or by post at the following address:

OSAP
One Glenlake Parkway, NE
Suite 1200
Atlanta, GA 30328 

This Agreement constitutes a binding agreement between Learner and OSAP. This Agreement is effective until terminated by Purchaser or Learner or OSAP. Learner acknowledges and agrees that the rights of Purchaser and each Learner to whom Purchaser has granted access to a Product under this Agreement will terminate automatically without notice from OSAP if Purchaser or that Learner fails to comply with any term of this Agreement. Upon termination of this Agreement, Purchaser and Learner will cease all use of the Products and Product Content and destroy all copies thereof. This Agreement is provided in English, and the English version thereof will be valid, enforceable, and binding.

Last Updated on Monday, September 27, 2021 09:36 AM