Terms & Conditions

The following terms and conditions and the libmaneducation.com Privacy Policy (collectively, the “Terms”) govern the use of the services offered through the www.libmaneducation.com website (the “Site”) and are all of the terms and conditions applicable to the relationship between you and Libman Education, Inc. (“Libman Education” or “we”). This is a legal contract. Please read the Terms carefully before accessing any of the services available through the Site (the “Services”). By registering and/or using the Site and/or the Services, you agree that you have read, understand and agree to these Terms. Please print and keep a copy of these Terms.

We may change these Terms at any time and from time to time. Changes will become effective upon posting on the Site. Please review the Terms periodically. If you choose not to accept the changes to these Terms, you must cease using the Site. Continued use of the Site by you constitutes acceptance of the modified Terms. Without limiting the foregoing, the Services are not available to minors under the age of eighteen (18). The Services are currently available only to United States citizens.

In the event of a conflict between these Terms and a more specific written agreement between you and Libman Education, Inc., the written agreement shall prevail.

If you do not agree with these Terms, you may not register or otherwise access the Site and the Services.

1. Intellectual Property; License; Registration

You expressly acknowledge and agree that (a) the Site contains information, text (including but not limited to the online courses and training materials), software (including but not limited to the training platform), photos, video, graphics, music, sounds and other materials (collectively, the “Materials”) that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (collectively, the “Intellectual Property Rights”); (b) all right, title and interest in and to these Materials and Intellectual Property Rights belong solely and exclusively to Libman Education or its licensors; and (c) the Intellectual Property Rights are valid and protected in all forms of media and technologies existing now or developed later.

We hereby grant you limited permission to use the Materials subject to the Terms, as long as your use of the Materials is solely for your own informational, non-commercial use in accordance with the limits of “fair use” under applicable copyright law. Unless stated within the Materials or expressly permitted in the Terms, none of the Materials may be copied, reproduced, distributed, republished, downloaded, broadcasted, disseminated, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or other means, without the prior express, written permission of Libman Education. Specifically, you may not use the Materials in any “course packets.” In the event that you wish to use Materials as part of any course, you must contact us and enter into a separate, written agreement with us. Information on such written agreements can be obtained by contacting us at [email protected] In addition, you may not “mirror” any Materials contained on the Site without the prior written consent of Libman Education.

No right, title, or interest in any downloaded or copied Materials is transferred to you as a result of any downloading or copying. Use of the Materials which is not expressly permitted by these Terms constitutes a breach of these Terms, and may also constitute a violation of copyright, trademark, and other law.

With respect to certain Material, the foregoing license to you is subject to the payment by you of a subscription fee. In such cases, your access to such Material will depend on your subscription plan and the amount that you pay. If you are a multi-user subscriber of any Service, you hereby agree to these Terms on behalf of yourself and each of your employees and agents (“your affiliates”) and you agree to enforce these Terms with respect to your affiliates and to be responsible and liable for the conduct of your affiliates under these Terms. If your multi-user subscriber license terminates, your affiliates shall no longer have access to the Service for which the subscription fee was paid. If you are a multi-user subscriber of any Service, you agree further that the Service for which the subscription fee was paid may not be accessed by more than the authorized number of your affiliates for which a subscriber fee was paid by you.

By registering for the Site, you certify to us that: (a) the information you have provided in order to register is complete, accurate and current; (b) you will notify us within 15 days of any change in your registration information; (c) that you will not share your login name/username and password except as expressly permitted; and (d) you fully understand that you are required to expend sufficient hours working with the Course Materials to successfully complete the required assessments and to earn any applicable CEU credits.

You may not share your log-in credentials (login name/username and password) with any third party; provided that, you may provide your log-in credentials to a technical service provider in connection with issues related to your inability to access the Services solely for the purpose of having such service provider assist you in accessing the Services; provided further that, you change your log-in credentials immediately upon the resolution of your access issues and that you agree to be responsible for the conduct of such service provider. You agree that you are responsible for all activities occurring through the use of your login name/username and password, whether access is made by you or a third party. You are responsible for protecting and securing your login name/username and password from unauthorized use and disclosure.

You agree that we may change or discontinue any portion, feature, Service or Material available on the Site at any time with or without notice to you; however, we may make commercially reasonable efforts to provide you with notice of significant changes to the Site when feasible and provide alternative Materials if substantial portions of the Site are made unavailable. We may at any time, with or without notice to you, restrict the use and accessibility of the Site as well as limit the duration and amount of use made of the Site. Other than periodic restrictions for the purposes of routine maintenance and our inability to continue to use content provided to us by third parties due to the limitations and restrictions in our agreements with such third parties, such restrictions are typically only made in extraordinary circumstances, which are beyond our control.

The Site may contain links to other sites on the Internet that are owned and operated by our business partners, third party vendors, or other third parties. Clicking on such a link to a third party website will cause you to leave the Site. The links are only provided as a convenience and we do not endorse any of these sites. We do not control the third party sites, and therefore, we are not responsible for the content of any third party website or any link contained in any third party website. By using the Site to link to another website, you agree and understand that you may not make any claim against Libman Education for any damages or losses resulting from your use of the Site to link to a third party website. Concerns regarding any third party resource or link should be directed to the particular outside resource. Access to other sites linked to the Site is at your own risk, and we disclaim all liability with regard to your access to such linked web sites. In addition, we do not necessarily endorse, sanction, or verify sites that link to the Site, even if the logo or mark of Libman Education is used as part of the link to the Site.

2. Course Credits, Fees, Refund Policies and Re-activation Fees

Fees are posted by us on the Site. We may increase or decrease fees at any time and for any reason. We may terminate access to any Material or Service for which fees have been paid by you if we are unable to process your order based on inaccurate or outdated information.

Training courses included in the Services (the “Courses”) have a set period for completion as stated in your registration. Your access to a Course for which you have registered will commence on the day you submit your registration form and continue for the specific term included in the registration whether or not you use the Site. If the expiration date for any Course occurs before you have completed all of the assessments required by the Course, you may request an extension. In the event the extension is granted by us, in our sole discretion, you agree that you will be charged a re-activation fee for each such extension granted.

If you have registered for a Service and made payment for such Service through the Site and within 15 days of such registration and payment, you are dissatisfied with such Service, you may request a full refund in writing. Such request must be received by Libman Education within such 15 day period at either of the following:

e-mail: [email protected]

address: 30 Monument Square, Suite 135, Concord, MA 01742

Upon Libman Education’s receipt of your written request, your access to such Service shall terminate. This refund policy does not apply to any Courses you purchase from a third party or through a retail store including, but not limited to, a campus bookstore.

Except as otherwise stated in these Terms or specifically stated on the Site, no full or partial refunds or credits will be issued.

It is solely your responsibility to complete all reading, work, assessments and other tasks required to pass a Course. Libman Education makes no guaranty that you will achieve a passing grade, whether or not all the work for a Course is completed. Libman Education may revoke a passing grade upon reasonable suspicion or evidence of cheating or dishonesty on your part or someone acting on your behalf.

We are not responsible or liable for the approval of CEU credits. Although one or more our Courses have and will be CEU certified by AAPC and/or AHIMA or other appropriate governing body, it is your responsibility to ensure that your academic institution or professional association will accept the credit.

We do not and cannot guaranty that the completion of any one or more of our Courses will result in credit, career advancement or other tangible benefit.

With respect to certain of the Courses for which you register, upon notification from us, you agree to promptly delete all Materials relating to such Courses from any and all of your computers or other electronic storage systems and devices, to destroy or return to us any tangible copies thereof and to cease all future use of such Materials.

3. User Content; Prohibited Conduct

The Site may provide functionality which permits you to upload or post comments, ideas, articles, information, data, text, software, music, sound, photographs, graphics, video, messages, and other materials or submissions (“User Content”). You hereby grant us an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any User Content that you post in public areas or community sections of the Site, including but not limited to comments and feedback you provide us concerning the Site generally (the “Public Areas”). As set forth our Privacy Policy, any submissions to Public Areas will be public, and we will not be responsible for the action of Users with respect to any User Content posted in Public Areas.

You agree not to upload, post or otherwise transmit to us or the Site any User Content that:

· is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, indecent, offensive, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

· you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements);

· infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

· contains software viruses or other contaminating or destructive devices, features or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or provides information relating to or otherwise facilitating the use of malware or other destructive materials or mechanisms;

· contains advertising or promotional material of any kind;

· constitutes unsolicited or unauthorized advertising, promotional materials, “Junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or

· undermines the pedagogical purpose of the Material and/or the Course with which it is used, including but not limited to, answers to questions used in the Site.

You also agree not to upload, post or otherwise transmit to us or the Site any User Content that contains a person’s first name and last name or first initial and last name in combination with any one or more of the following data elements that relate to such person: Social Security number; driver’s license number or state-issued ID card number; or financial account number, or credit or debit card number, access code, personal identification number or password, that would permit access to a resident’s financial account (“personally identifiable information”).

Further, you agree not to use the Site to:

· impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity;

· use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site or any other Materials;

· obtain or attempt to obtain through any means any Materials or User content that have not been made intentionally publicly available either by their public display on the Site or through their accessibility by a visible link on the Site;

· violate any measure employed to limit or prevent access to the Site or any Material;

· violate the security of the Site or attempt to gain unauthorized access to the Site or the Material, or computer systems or networks connected to any Service through hacking, password mining or any other means;

· interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site, including accessing any Material prior to the time that it is intended to be available to the public on the Site;

· take or attempt any action that, in our sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the infrastructure on the Site;

· disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges or to normally post messages, articles, or submissions;

· interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or

· intentionally or unintentionally violate any applicable local, state, national or international law.

You acknowledge that we do not pre-screen User Content. We reserve the right (but not the obligation) in our sole discretion to monitor, refuse to post, or remove any User Content for any reason and to terminate your access to the Site to prevent further posting of prohibited User Content. The views and opinions expressed in User Content do not necessarily reflect those of Libman Education or its licensors. The user who posts or uploads User Content is solely responsible for such User Content.

4. Alleged Infringement

If you believe that Materials on the Site infringe rights you enjoy under copyright law in specific materials (collectively, a “Work”), we request that you follow the procedure described below to notify us of your concerns or objections, or disable access to Material that you believe infringes your Work. If you believe Materials on the Site infringe the copyright in your Work, your concerns should be directed to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our “Designated Agent”):

e-mail: [email protected]

address: 30 Monument Square, Suite 135, Concord, MA 01742

You should notify our Designated Agent of your concerns as follows:

(i) Place your concerns in writing, and sign the document;

(ii) Identify the Work, which you believe is being infringed;

(iii) Identify the material on the Site which you believe infringes your Work, and identify this material in a sufficient manner to permit us to locate the material without undue searching; and

(iv) Provide in your notice sufficient information for us to contact you, including an address, telephone number, and, if available, an e-mail address.

To qualify for protection hereunder, you must in good faith believe the challenged use is unauthorized, and all statements in your notice must be accurate, and signed under penalty of perjury.

Upon receipt of a proper notice in the form specified above (a “Notice”), we may remove or disable access to the materials on the Site which you assert infringe your Work and notify the person or persons responsible for the allegedly infringing materials (the “Respondent”) that we have removed or disabled access to the materials. Under the Digital Millennium Copyright Act, the Respondent has an opportunity to dispute your claim that his or her materials infringe your Work. The Respondent may provide us with a “counter-notification.” Upon receipt of a proper counter-notification, we will act as provided in the Digital Millennium Copyright Act.

5. Errors, Corrections and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

You acknowledge that documents posted to and Materials available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING AND/OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE.

6. Indemnification

You agree to indemnify, defend and hold Libman Education and its partners, investors, and agents, and their officers, directors, employees, subsidiaries, successors, assigns, representatives, licensors, independent contractors, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from and against any and all liabilities, losses, claims, demands, disputes of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation resulting from or related to your violation of the Terms and/or use of the Site, Services or Materials and arising from any User Content submitted, posted or transmitted by you through the Site.

7. Disclaimer of Warranties

YOU AGREE THAT USE OF THE SITE, THE SERVICES AND THE MATERIALS IS ENTIRELY AT YOUR OWN RISK. THE SITE, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. LIBMAN EDUCATION DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS, OMISSIONS OR INACCURACIES IN THE MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ACCURACY, COMPLETENESS, CURRENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE MATERIALS.

IN ADDITION, NO REPRESENTATION OR WARRANTY IS MADE TO ANY PARTY REGARDING THE ACCURACY OF ANY MEDICAL INFORMATION MADE AVAILABLE THROUGH ANY COURSE. THE MATERIAL IS MADE AVAILABLE TO YOU ONLY FOR GENERAL EDUCATION AND ENTERTAINMENT PURPOSES. THE MATERIALS SHOULD NOT BE USED TO DIAGNOSE OR TREAT ANY MEDICAL CONDITION.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LIBMAN EDUCATION BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) ARISING OR RESULTING FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, THE SERVICES OR THE MATERIALS OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF LIBMAN EDUCATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:

· ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO FORCE MAJEURE, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL;

· ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE MATERIAL OR SERVICES; OR

· ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT, THE MATERIAL OR THE SERVICES.

If, notwithstanding the foregoing, Libman Education were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of Libman Education and the parties described in the next sentence (the “Related Parties”) exceed, either jointly or severally, the aggregate dollar amount paid by you to Libman Education in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of Libman Education’s directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors, and anyone else involved in creating, producing or distributing the Site, and each shall have the right to assert and enforce these provisions directly on their own behalf.

9. U.S. Export Controls

Software from the Site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

10. Miscellaneous

If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the Commonwealth of Massachusetts, Suffolk County, for the resolution of any such dispute. If you have registered with us, you irrevocably consent to the process document, delivered personally or mailed by certified or registered mail, return receipt requested, at the address set forth in your registration information.

We make no representation that the information in the Site is appropriate or available for use in locations outside the United States, and access to the Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access the Site from such locations do so at their own initiative and are responsible for compliance with all applicable local laws. The Terms and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of the Terms is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of the Terms shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with the Terms, the Terms shall take precedence. Our failure to enforce any provision of the Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under the Terms shall survive any termination of the Terms. The title, headings and captions of the Terms are provided for convenience only and shall have no effect on the construction of the terms of the Terms. Nothing in the Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

You acknowledge that we will be irreparably harmed by any breach of these Terms by you or by your unauthorized use of the Site or any Material and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that we shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of these Terms by you or by your unauthorized use of the Site or any Material.

LIBMAN EDUCATION, INC.