www.medicalconsultingnetwork.com

EVANS & ASSOCIATES, LTD.

COURSE REGISTRATION AGREEMENT

 

 

 YOU, (HEREIN REFERRED TO AS “YOU” OR "I") HEREBY MAKES APPLICATION TO THE EVANS & ASSOCIATES, LTD (HEREAFTER THE “EVANS & ASSOCIATES, LTD”) REGISTERED LEGAL NURSE CONSULTANT (RLNC) COURSE, AND IN DOING SO YOU AGREE TO THE FOLLOWING:

I am aware and agree that “RLNC” is a certification mark of EVANS & ASSOCIATES, LTD.  I understand that I may only use it as directed by EVANS & ASSOCIATES, LTD.    I understand that EVANS & ASSOCIATES, LTD may change its certification mark(s) from time to time and that I will be obligated to comply with EVANS & ASSOCIATES, LTD,’s requirements regarding use of its certification marks.  I understand that in order to use any of EVANS & ASSOCIATES, LTD certification marks, that I must comply with EVANS & ASSOCIATES, LTD rules and procedures regarding registration and use of such marks, and that EVANS & ASSOCIATES, LTD has strict requirements for how and when I am permitted to use the mark.  EVANS & ASSOCIATES, LTD may refuse to allow me to use any of its certification marks or other trademarks or services marks if I do not meet the standards set forth by EVANS & ASSOCIATES, LTD.  I further understand that such standards can change at any time, and that EVANS & ASSOCIATES, LTD may change its certification marks, trademarks or services marks, requiring me to use a different mark than the mark(s) EVANS & ASSOCIATES, LTD is currently using to certify its Legal Nurse Consultants.

I agree that that I will fulfill the course requirements for the Registered Legal Nurse Consulting Course and make reasonable effort to complete the course in compliance with the rules and regulations of EVANS & ASSOCIATES, LTD and abide by those same rules. I understand and agree that EVANS & ASSOCIATES, LTD  may suspend or withdraw any student for immoral or improper conduct, or a lack of reasonable effort. EVANS & ASSOCIATES, LTD reserves the right to be the sole judge of such conduct which may be detrimental to EVANS & ASSOCIATES, LTD.

Upon your satisfactory completion of the course, your successful score on the written exam, and your demonstration to EVANS & ASSOCIATES, LTD that you have met and can comply with all of requirements for certification to our satisfaction , and upon your fulfillment of the terms of this agreement, EVANS & ASSOCIATES, LTD will issue a certificate of completion and allow you to use the appropriate EVANS & ASSOCIATES, LTD certification mark to indicate that you have met our standards.  The certificate of completion will be given only if the above requirements are completed within eight (8) months following initial registration.

I understand that Recertification is required every two years. I will be required to complete 8 hours of continuing education in legal nursing. The fee for recertification every two years is $100.00 and must be submitted with proof of continuing education hours completed from an approved source and nursing license. You at all times must hold an active nursing license to use the RLNC credentials or other EVANS & ASSOCIATES, LTD certification marks where applicable.   You further understand that the EVANS & ASSOCIATES, LTD recertification requirements may change from time to time and may become more or less demanding or require more training or expense then do the current requirements.

GUARANTEE AND REFUND POLICY

EVANS & ASSOCIATES, LTD is committed to your success.  EVANS & ASSOCIATES, LTD strives to only provide the top-notch training and services. EVANS & ASSOCIATES, LTD therefore makes all efforts to provide you with the best material, experienced instructors, and continuing first class service.  Therefore, EVANS & ASSOCIATES, LTD guarantees this course will teach you everything you need to know to become a successful Legal Nurse Consultant. Therefore, EVANS & ASSOCIATES, LTD maintains a policy for the refund of tuition and fees, as follows:

The basic course work is designed to be completed in 4 days. The student may discontinue the course or cancel at any time.   If a student discontinues training after enrollment, this refund schedule will be observed:

A student terminating after date of correspondence contract is entitled to a refund of, less a fee of $500 for materials, if applicable (or if applicable, if not returned in original condition or unreturned) and less a $200 enrollment fee:

After 3 days of enrollment or Within first 10% of program

80%

After 10% but within first 25% of program

65%

After 25% but within first 50% of program

40%

After 50% but within first 75% of program

15%

After 75%

No refund

1.      The date on which EVANS & ASSOCIATES, LTD receives written notice of the student's intention to discontinue the training program; or

2.      The date on which the student violates published EVANS & ASSOCIATES, LTD policy which provides for termination.

There will be a $30.00 check charge added to all returned checks. In the event EVANS & ASSOCIATES, LTD uses efforts with respect to collection, You will be solely responsible for all attorney, court costs, collection expenses and collection fees. EVANS & ASSOCIATES, LTD will not be responsible for any personal decision of the student to discontinue the course, and is responsible only for the refund policy outlined herein.

Postponement of a starting date, whether at the request of EVANS & ASSOCIATES, LTD or the student, requires a written agreement signed by EVANS & ASSOCIATES, LTD. The agreement must set forth: a) Whether the postponement is for the convenience of You or EVANS & ASSOCIATES, LTD, and: b) A deadline for the new start date, beyond which the start date will not be postponed. If the course is not commenced or You fail to attend by the new start date set forth in the agreement, You will have a total of 12 months from the date of your original enrolment to complete the course or apply your tuition fees towards another comparable course. After such time expires, You will not be entitled to a Refund. 

In consideration of the mutual agreement herein set forth, You and EVANS & ASSOCIATES, LTD agree as follows:

1. TOTAL PROGRAM COST [Basic RLNC Certification Course] $2,200 (Tuition $1,300.00, Materials $600.00, enrollment fee $300).  You agree to pay this amount.

2.  TOTAL PROGRAM COST [Basic RLNC Certification Course and Marketing Package] $3,300 (Tuition $1,300.00, Materials $600.00, enrollment fee $300) (Marketing Package $1,100).  The Marketing Package fee of $1,200 is NON-REFUNDABLE once you have signed and submitted this agreement. You agree to pay this amount. Refunds for this package will be based on the RLNC Certification Course fee [s] only. 

In entering into this agreement, I agree that EVANS & ASSOCIATES, LTD  is in no way responsible for the safekeeping of my personal belongings while I am at class.

 

Course Content

 

You fully understand that all EVANS & ASSOCIATES, LTD course are proprietary and that the course and all of its content and materials are a trade secrete.  The course and its content includes, but is not limited to all outlines, syllabi, lectures, lecture notes, slides, graphics, charts, photos, books, worksheets, diagrams, handouts, and any other written materials, documents, audio visual works, or sound recordings used in any way by the EVANS & ASSOCIATES, LTD or you with respect to this course (hereinafter all such materials are collectively referred to as the “Course Content”).

You agree and understand that 100% of all rights, including copyright, trademark, and all other rights in the course content are owned by EVANS & ASSOCIATES, LTD and that you have no rights in such Course Content.  You agree that you will maintain the secrecy of such Course Content and that you will hold Course Content in strict confidence.  You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Course Content, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software EVANS & ASSOCIATES, LTD discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.  IN NO CASE ARE YOU PERMITTED TO PROVIDE OR DISCLOSE ANY OF OUR COURSE CONTENT TO ANY OF OUR COMPETITORS OR ANYONE ELSE TEACHING LEGAL NURSE CONSULTING OR SIMILAR TRADES.

 

Name and Likeness:

 

I understand that my name and likeness may be used by EVANS & ASSOCIATES, LTD in its registry of Legal Nurse Consultants and/or to otherwise identify me as a registered legal nurse consultant or a participant in any EVANS & ASSOCIATES, LTD course.  I agree that any and all photographs or video recorded by or at the direction of EVANS & ASSOCIATES, LTD shall be the property of EVANS & ASSOCIATES, LTD (including all copyrights and related rights) and that EVANS & ASSOCIATES, LTD shall have the right to use such images and/or my name and likeness to identify me as a legal nurse consultant, course participant, or otherwise in any promotional or marketing materials or in any other way.  In addition, any comments, evaluations, or other writings made by you will be property of EVANS & ASSOCIATES, LTD and may be used by EVANS & ASSOCIATES, LTD in any way, including as testimonials in promotional material or otherwise.

 

Entire Agreement

 

Other than as specifically provided in any separate formal purchase agreement between you and Evans & Associates, Ltd. (“Evans”), these terms and conditions (this “Agreement”) apply to all of your online purchases from the website at www.medicalconsultingnetwork.com (the “Site”) and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Evans & Associates, Ltd.

 

Acceptance

 

By purchasing products and/or services from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon Evans & Associates, Ltd until accepted by EVANS & ASSOCIATES, LTD.   EVANS & ASSOCIATES, LTD reserves the right to refuse service to anyone.

 

Law and Forum for Disputes

 

This Agreement shall be governed in all respects by the laws of the State of Ohio as they apply to agreements entered into and to be performed entirely within Ohio between Ohio residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Evans & Associates, Ltd. must be resolved by a court located in Franklin County, Ohio, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Franklin County, Ohio for the purpose of litigating all such claims or disputes.

 

Headings

 

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

 

I understand that EVANS & ASSOCIATES, LTD is an Ohio Limited Liability Company doing business as  EVANS & ASSOCIATES, LTD and   www.medicalconsultingnetwork.com.  I have carefully reviewed this agreement and agree with its terms and conditions, and all statements herein are accurate. I agree that I have read and agree to abide by, follow and to fully comply with all rules and regulations provided or posted by EVANS & ASSOCIATES, LTD now existing or existing in the future.  I also agree to comply with the website terms and conditions and privacy policy and agree to each as amended from time to time by EVANS & ASSOCIATES, LTD.  The Website Terms and Conditions, as printed below and on the  EVANS & ASSOCIATES, LTD website www.medicalconsultingnetwork.com, and as amended from time to time along with the web site privacy policy, as amended from time to time, are incorporated into this agreement.

 

 

www.medicalconsultingnetwork.com

EVANS & ASSOCIATES, LTD.

WEBSITE TERMS AND CONDITIONS

1. ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE

1.1 YOU MUST READ THESE WEBSITE TERMS OF USE ("TERMS") CAREFULLY.

EVANS & ASSOCIATES, LTD.  AND ITS AFFILIATES ("E&A") PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN E&A AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR ACCEPT SERVICES FROM E&A.

1.2 This website ("Website") includes without limitation: (a) http://www.medicalconsultingnetwork.com/, the shopping cart and registration pages,  all classes and course material, and other on-line services accessible via the Website (collectively the "Services"); (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information ("Information"); and (c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"). E&A controls and operates its websites from various locations and makes no representation that this Website is appropriate or available for use in all locations. E&A products and services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer's behalf, and that Your employer agrees to indemnify You and E&A for violations of these Terms.

 

 

 

2. YOUR OBLIGATIONS AND CONDUCT

2.1 In consideration of Your use of the Website, courses, and/or course material, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the "Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to E&A , to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.

2.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to E&A or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses 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. E&A reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.

2.3 You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be E&A or someone else, or spoof E&A 's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.

 

 

 

3. CONFIDENTIALITY OF E&A INFORMATION

3.1 You may obtain direct access via the Website to certain confidential information of E&A and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with E&A and its suppliers.

3.2 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or E&A 's written request, You must cease use of Confidential Information and return or destroy it.

3.3 The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from E&A , without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to E&A adequate to afford E&A the opportunity to object to the disclosure.

 

 

 

4. CONTENT SUBMITTED TO E&A

4.1 E&A does not claim ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in E&A 's Privacy Policy, any Content You provide in connection with this Website shall be deemed to be provided on a nonconfidential basis. E&A shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant E&A and all other users of the Website an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among E&A , its affiliates, and third-party providers of any information that You may provide on the Website.

4.2 E&A does not routinely monitor Content, but E&A and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.

 

 

 

5. DELIVERY OF E-MAIL

E&A will attempt to deliver all of the e-mail that is addressed to Your e-mail address on E&A 's Services. However, the nature of e-mail is such that E&A cannot guarantee delivery of such e-mail.

 

 

 

6. INDEMNITY

You agree to indemnify and hold E&A and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees. attorneys and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.

 

 

 

7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS

E&A may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. E&A reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. E&A may also delete, or bar access to or use of, all related Information and files. E&A will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. E&A may amend these Terms at any time by posting the amended terms on this Website.

 

 

 

8. ADVERTISEMENTS AND PROMOTIONS

E&A may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than E&A found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. E&A is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-E&A advertisers on the Website.

 

 

 

9. CONTENT PROVIDED VIA LINKS

9.1 You may find links to other Internet sites or resources on the Website. You acknowledge and agree that E&A is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. E&A will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9.2 Any Third party content on the Website is the intellectual property of such third party. Any copying, republication or redistribution of Third party content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of such Third party. Data is provided for information purposes only, and is not intended for trading purposes. Third parties shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.

 

 

 

10. INTELLECTUAL PROPERTY RIGHTS

10.1 Except as expressly authorized by E&A or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software E&A discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.

10.2 "E&A Trademarks" means all names, service marks, certification marks, other marks, brands, logos, designs, trade dress, slogans and other designations E&A uses in connection with its products and services. You agree to comply with the E&A Trademark and Logo Usage Requirements.  You may not remove or alter any E&A Trademarks, or co-brand your own products or material with E&A Trademarks, without E&A 's prior written consent. You acknowledge E&A 's rights in E&A Trademarks and agree that any use of E&A Trademarks by You shall inure to E&A 's sole benefit. You agree not to incorporate any E&A Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

10.3 E&A is committed to respecting others' intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact us.

10.4 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

 

 

 

11. DISCLAIMER OF WARRANTIES

11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. E&A DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. E&A MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.

11.2 E&A MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

 

 

 

12. LIMITATION OF LIABILITY

12.1 TO THE FULL EXTENT PERMITTED BY LAW, E&A IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF E&A HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

 

 

 

13. E&A 'S PRIVACY POLICY

You consent to the collection, processing and storage by E&A of Your personal information in accordance with the terms of E&A 's Privacy Policy, which is available at http:/www.medicalconsultingnetwork.com/privacy, and may change from time to time.  You agree to regularly review such policy for any such changes and agree to notify us immediately if you do not consent with any revisions and you further agree to immediately cease using the Website.  You agree to comply with all applicable laws and regulations, and the terms of E&A 's Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Website.

 

 

 

14. GENERAL TERMS

14.1 The Terms constitute the entire agreement between You and E&A relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized E&A representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use E&A or third-party products or services.

14.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10 of the Terms will result in irreparable harm to E&A for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, E&A will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if E&A seeks such an injunction.

14.3 Ohio law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Website. You and E&A agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Franklin County, Ohio, U.S.A., and any and all lawsuits will take place in such courts, and you consent to such jurisdiction.

14.4 Services, Content, and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or your local laws; (b) not use Services, Content, or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.

14.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

14.6 The Website may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning E&A 's roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and E&A 's ability to compete in a highly competitive and rapidly changing marketplace..

14.7 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

15.  We require that all those who take part in classes or purchase home study courses, instructors or students, accept the following terms and conditions:  Each student's and/or instructor's lessons, assignments, work, and correspondence is copyrighted property and cannot be copied, duplicated, posted on another web site, or otherwise used without the original author's consent. Conversations, posted messages, and information contained on this site are private and cannot be copied, duplicated, forwarded, or conveyed to anyone else without the original author's permission. All students are responsible to make sure that they have met the prerequisites and requirements prior to taking any classes. By enrolling in a class or purchasing a home study course, you indicate that you accept these terms.

16.  WEB SITE NOTICES AND DISCLAIMERS

 

16.1 WEB SITE OWNERSHIP AND CONSENT TO MONITORING. Information, text, graphics, software, and other content that make up this Web site ("Content") reside on a computer operated by E&A  or its representative. Anyone accessing this Web site consents to monitoring of this access and use by system or security personnel.

 

16.2  MONITORING OF ACCESS.  Access to this Web site is monitored. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Web site constitutes consent to such monitoring.

 

16.3  COPYRIGHT INFORMATION/USER RIGHTS.  All content appearing on this Web site is the property of E&A  . Copyright ©  2005-2006 Evans & Associates, Ltd. All rights reserved.  As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright ©  2005-2006 Evans & Associates, Ltd. All rights reserved.

 

16.4 COPYRIGHT AND TRADEMARK.  E&A  or its licensor owns the copyright in all of the content comprising this Web site, unless otherwise indicated. By accessing and using this Web site, you agree to abide by U.S. and international copyright law and all other applicable laws. You may access this Web site and retrieve content that contains E&A’s copyright notice, store such content on your own computer, and print one copy of such Content for noncommercial, personal, or educational purposes only, provided that you (1) do not modify, distribute, or transmit such content and (2) include any copyright notice originally appearing with such content. Permission may be needed for other content not marked with [company's] or any copyright notice. You may cite or refer to the URL of this Web site without limitation.

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by E&A .

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of E&A  or any third party, except as expressly granted herein.

DISCLAIMER OF CURRENCY, ACCURACY, OR QUALITY

E&A  makes no guarantee as to the currency, accuracy, or quality of information published and/or archived on this Web site, nor will E&A  accept any responsibility for other organizations, businesses, and private persons that provide information on this Web site.

ACCURACY AND COMPLETENESS OF INFORMATION

All information on this Web site regarding products and services provided by E&A  is subject to change without notice. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided here, but E&A  is not responsible for misprints, out-of-date information, or errors. E&A  makes no warranty, express or implied, or assumes any legal liability or responsibility for the accuracy or completeness of any information contained on this Web site.

DISCLAIMER

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. E&A  makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. E&A  SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL E&A  BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMER OF LIABILITY

E&A  makes no warranty with respect to documents or other information available from this Web site, assumes no legal liability or responsibility whatsoever for the accuracy, completeness, or usefulness of any such information, and does not represent that its use would not infringe privately owned rights. E&A  disclaims all warranties, express and implied, including the warranties of merchantability and fitness for a particular purpose.

LINKS

Certain links on this Web site lead to resources located on servers that are not maintained by E&A  or under its control. E&A  is not responsible for the contents of any such referenced Web sites or for the availability of access to such Web sites.

NO ENDORSEMENT

The inclusion on this Web site of any link to another Web site, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by E&A .

WARRANTY INFORMATION

The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by E&A .

The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. E&A  is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.

The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not E&A .

The inclusion of material on this server does not imply any endorsement by E&A , which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although E&A  tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

VOID WHERE PROHIBITED

Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. E&A  and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

When you browse [site] you do so anonymously. We do not collect personally identifying information about you.

To improve our site and make it more useful and interesting to you, we use "cookies" for navigation of our on-line stores and for customization of information that we may present to you. Cookies are small pieces of information that are stored by your browser on your computer's hard drive. Most Web browsers automatically accept cookies, but you can change this feature in your browser.

If you decide to purchase a product on-line, we will collect only the information necessary for authentication and billing purposes. When you order, we need to know your name, e-mail address, delivery address, credit card number and expiration date, or account number. This allows us to process and fulfill your orders, and to notify you of your order status. If you decide to enter a contest, participate in an on-line survey or use one of our other promotional features, such as a free trial for a particular product, we may ask for your name, address, e-mail address and other pertinent information to administer the contest and tabulate survey results items.

We use Secure Sockets Layer (SSL) server software to prevent unauthorized access to the information you submit when you order items from the on-line store. When you place orders or access your account information, SSL encrypts all information you input before it is sent to us. You can identify the secure connection by looking at the URL, which will begin with "https:" (instead of "http:").

We use the information you provide about yourself when placing an order only to complete that order. We do not sell, trade or rent your personal information to others. We may provide summary statistics about our customers' interests and preferences, products sold, traffic patterns and related site information to a reputable third party. These statistics do not include personally identifiable information; they are used only to enhance the design of our Web site and customize new products offerings to our customers. We do not use or share personally identifiable information provided to us on-line in ways unrelated to the ones described in this policy.

By using our Web site, you consent to the collection and use of this information by us. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose this information.

 

Evans & Associates, Ltd.

Website Template, Brochure and Business Card License Agreement

 

            This Agreement is made and entered into by and between Evans & Associates, Ltd. (The "Licensor") and the Licensee referred to below:

 

1.      Evans & Associates hereby agrees to licensee the website template, Brochure and Business Card package as described above hereafter referred to collectively as the template) containing the website pages Home, Company Information, Services, Clients, FAQ, and Contact pages, along with business card and brochure templates.  The template will not be modified by Evans & Associates LTD upon purchase. Evans & Associates Ltd. will not be responsible for anything pertaining to the website template after sale. This includes revisions to the template per Blue laser design, any other website design company revisions, or revisions made by any individual to the template.  Licensor grants Licensee a perpetual, nonexclusive, nontransferable, license to display and use the Template only with respect and in direct relation to Licensee's activities as a Legal Nurse Consultant, to make copies in print, photographic, electronic, on-line and Internet based mediums.  Notwithstanding anything herein, Licensee is not authorized to sublicense the rights to reproduce or otherwise use the work.

 

2.      All templates are licensed as is and revisions will not be made prior to sale or after by Evans & Associates Ltd.  Licensee understands that while Evans and Associates, Ltd has no obligation to provide any further web design services, Blue laser Design has agreed to provide up to two hours of free web design services to personalize the Contact and Company website pages and related services as listed in Exhibit A.  It is understood that if Licensee requires or requests further change requests Licensee will be billed at Blue Laser Design's then current hourly rate (currently $50.00 dollars per hour). Licensee agrees to be responsible for all such services that Licensee so contracts for independently.

 

3.      Licensee is permitted to make basic modifications to the template (e.g. with respect to content, images, and the specific pages needed in Licensee's website). Evans & Associates Ltd. shall not be responsible for any such modifications, website design or customization performed by a third  party including Blue Laser Design with respect to the template. Evans & Associates shall not be not responsible for website support, website hosting, uploading and setup of the website template, domain name assistance, e-mail setup, website design revisions, search engine work, or other website concerns of any kind.   As between the parties herein, Licensee shall solely be reasonable for all technical issues related to its use of the template.

 

4.      Licensee is free to use any third party it chooses to perform the content customization; however, Evans & Associates Ltd. shall not be required to, and will not transfer the free two hours of customization time to any other design company or refund any money off the purchase price of the website template if the Licensee chooses not to use the two hours of free customization time provided by Blue Laser Design.

 

5.      Evans & Associates Ltd. has the right to resell all website templates and the Licensee of the website template is aware that templates are sold to other individuals or entities other then the Licensee.  Licensee agrees not to sell, transfer, license or otherwise permit another person or entity to use the website template, Brochure, or business card.  Evans & Associates Ltd. has only granted the rights herein, including the right to use the template to the Licensee listed herein. All other use is prohibited.

 

6.      All Template are licensed as is and no changes of any kind will be made to the business card or templates prior to or after the sale, with the exception of adding the business contact information (i.e. name, address, telephone numbers, email, and website address) of the Licensee to the business card and brochure at the time this agreement is executed, and the business-specific content to the website.  Evans & Associates shall not be responsible for revisions of any kind after the company name and address are added to the brochure and business card.  The Licensee is aware and agrees that the brochure contact information can be modified by using Microsoft Publisher and Evans & Associates Ltd will not provide software, software support or other support of any kind to make revisions to the brochure or business card using this design program or any other design program. The Licensee agrees that Evans & Associates not be obligated to provide any support with respect to Microsoft Publisher or any other design program to make revisions to the brochure or business card. Evans & Associates is not responsible for assistance in printing the brochure or business card and the Licensee is aware all additional expenses related to the business card and or brochure after purchase is the Licensee�s responsibility (including printing or changes to the contact information). Evans & Associates Ltd. will provide the business card and Brochure on a compact disk ("CD") or via e-mail at the time of purchase and the Licensee is aware this content of such CD or attached e-mail document is being licensed to Licensee for Licensee's use only and sharing, selling, sub-licensing, or any other third party use of the content is prohibited.

 

7.      All sales of the website template, brochure and business card are final.  No refunds will be granted after execution of this license agreement.

 

8.      Licensee acknowledges that Licensor is the lawful owner of the Template and agrees to take no action inconsistent with Licensor's ownership that would subject Licensor to claims by third parties or potential loss of its ownership, or that would otherwise impair the value of the Template.

 

9.      The Legal Nurse Consultant Website package provided by Blue Laser Design contains the following as listed in Exhibit A. The Licensee understands Evans & Associates Ltd. is in no way responsible for services provided by Blue Laser Design or any other third party. Evans & Associates Ltd. only licenses the actual website template and Evans & Associates, Ltd shall have no responsibility of this website template or the other CD content after this agreement is executed.   The Licensee acknowledges Evans & Associates Ltd. will only send the purchased website template to Blue Laser Design, and Evans & Associated, Ltd. shall not be required to send the template to any third party.

 

10.  This Agreement shall be governed in all respects under the laws of the State of Ohio and any and claims shall be brought in a court of competent jurisdiction located in Franklin County, Ohio.

 

           IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized agent on the dates set forth below.

 

AGREED AND ACCEPTED:

 

Licensor:

Evans & Associates, Ltd. 
 

 

Exhibit A

 

Blue Laser Design

1695 Old Henderson Rd.

Columbus, Ohio 43220

1.800.278.8106

 

The following as listed below outlines the free services that licensee is eligible to receive from Blue Laser Design. No revisions can be made to these services unless Blue Laser Design agrees and Licensee pays the appropriate fees. . Evans & Associates, Ltd. is not responsible for the following services or website package provided by Blue Laser Design or any other third party. Concerns or question pertaining to this package are not related to Evans & Associates, Ltd. but can be answered per Blue Laser Design or whatever third party will be handling the Licensee�s website.

 

The Legal Nurse Consultant Website Package

www.BlueLaserDesign.com

 

Domain Name = The name of your website, ex. www.yoursite.com (included by Blue Laser Design)

 

Hosting = The location where all of your website files will be stored (paid 1 year by Blue Laser Design)

 

E-mail Accounts = Your site will include the set up and instructions on up to 5 email accounts provide by Blue Laser Design

 

Labor = Blue Laser Design will update the About Us and Contact page with your personalized information with up to 2 hours web design service

 

Uploading & Setup = Blue Laser Design will handle the entire set up and uploading of your website process

 

* All additional labor or requests beyond the 2 hours of allotted time will be billed at the rate of $50 per hour or the then existing rates for Blue Laser Design.

 

Hosting Account Includes: 

 

� 500MB Storage Space   
� 10 GB Transfer
� 5 Email Accounts   
� Free Domain Name (included with hosting)

� Web based email available or use outlook
� Unlimited Email Aliases

� 24x7 FTP access
� 24x7 monitoring
� 24x7 tech support (hosting)
� 24x7 physical security
� Detailed Web site statistics
� World-class networking including multiple OC-12

� Daily Back ups

� UPS and Diesel Backup Generators

 

 

Basic Search Engine Work Included: 

 

� Insert your industries primary keywords into search engine (meta) code
� Utilize some additional search engine techniques within your website
� Add in additional keywords provided for purposes such as being found by your actual name or company name
� Submit your website to all the top search engines and main internet directory

 

 

 

Support:

 

All website support will be provided by www.Bluelaserdesign.com at the cost of $50 per hour with a 15 minute minimum.

 

Hosting support for advanced users that will be working on there own websites will be able to contact the hosting company directly for various issues after typical office hours, support email and phone numbers will be provided after the website has been posted to the internet.

 

ALL SERVICES AND FEES ARE SUBJECT TO CHANGE AT ANY TIME.  LICENSEE IS RESPONSIBLE FOR ALL FEES AND EXPENSES WITH RESPECT TO ANY AND ALL SERVICES IT RECEIVES FROM BLUE LASER DESIGN. 

 

LICENSEE IS ENCOURAGED TO THOROUGHLY DISCUSS ALL SERVICES CHARGES AND FEES WITH BLUE LASER DESIGN BEFORE AGREEING TO ANY SERVICES.
 

 

 

BY CLICKING “I ACCEPT THE TERMS,”, I AM CERTIFYING THAT I HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE ABOVE TERMS, AND FURTHER THAT I UNDERSTAND THAT BY SO CLICKING THAT I AM ENTERING INTO AN AGREEMENT AS IF I HAD ENTERED MY SIGNATURE.