7/17/2006

Access to and use of the National Association for Practical Nurse Education and Service, Inc.'s ("NAPNES'") Continuing Education web site www.napnes.org/etraining (the “Site”) is governed by the terms and conditions (“Terms and Conditions”) set forth below, as well as any applicable laws, statutes, ordinances and regulations. By accessing this Site, you agree to be bound by these Terms and Conditions. If you do not agree to each of these Terms and Conditions, please do not use this Site. Each time you use the Site, the current version of these Terms and Conditions will govern your use. Accordingly, when you use the Site, you should check the date of this Agreement (which appears at the top) and review any changes since the last version.

The information and materials on this Site are presented solely for the purpose of promoting the products and services of NAPNES.

1. Registration, Accounts and Passwords
   1. Registration. Some of the features made available on the Site require registration. Upon registration for access to such features, you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose and (ii) all activities that occur under such password or account identifiers.
   2. Security Breaches. You agree to notify NAPNES of: (i) any loss of your password or other account identifiers and (ii) any unauthorized use of your password or other account identifiers. NAPNES shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2. Copyright and Trademark Rights
   1. The materials located on the Site, including, without limitation, the text, graphics, and all other audible, visual, and downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the Site (collectively, the “Content”) are the property of NAPNES or its licensors or designees and are protected by copyright, trademark and other intellectual property laws. All right, title and interest in and to the Content are owned, licensed and/or controlled by NAPNES. You may download one computer copy or print one copy of the Content on this Site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Any other copying, redistribution, retransmission, publication, uploading or modification of any of the Content is strictly prohibited without the express written consent of NAPNES.
3. Privacy Statement
   1. NAPNES is committed to protecting the privacy of the users of its Site. For information on how information is collected, used or disclosed by NAPNES in connection with your use of this Site, please consult our Privacy Policy.
4. Links to Other Websites
   1. This Site may contain links to websites operated by other people or companies. Please be aware that NAPNES is not responsible for the content, functionality or privacy practices of those websites.
5. Submissions
   1. Any communication or material you transmit to the Site by electronic mail or otherwise, excluding personally identifiable information about yourself, including, but not limited to any questions, comments, suggestions or the like will be treated as non-confidential and non-proprietary by NAPNES. By transmitting such communications, you automatically grant NAPNES a royalty-free, perpetual, irrevocable non-exclusive license to use reproduce, modify, publish, edit, translate, distribute, perform, and display such material(s) alone, or as a part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights to anyone. Anything you transmit may be used by NAPNES for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products or services using such information.
6. Disclaimer of Warranties
   1. IF YOU ACCESS THIS SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS.” NAPNES MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE. NAPNES DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NAPNES DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR COMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY NAPNES. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT NAPNES’S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF NAPNES’S CONTROL. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

      BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, NAPNES’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW

7. Limitation of Liability
   1. IN NO EVENT WILL NAPNES OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE).

      NAPNES RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

      THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF NAPNES OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

      BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NAPNES’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

8. Indemnification
   1. You agree to indemnify, defend and hold harmless NAPNES, its respective successors, assigns, affiliates, distributors, licensees and their past and present officers, directors and employees, representatives, and agents from and against any suit, claim, liability, or proceeding in connection with any third party claim due to or arising out of your violation of these Terms and Conditions.
9. Severability and Integration
   1. These Terms and Conditions constitute the entire agreement between you and NAPNES regarding the use of this Site, superceding any prior or contemporaneous communications and proposals between you and NAPNES. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
10. Termination
    1. You acknowledge and agree that NAPNES, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to all or part of this Site, and remove and discard any information or Content or any of the Site, for any reason. You further agree that NAPNES shall not be liable to you or to any other person as a result of any such suspension or termination.
11. Governing Law and Forum
    1. These Terms and Conditions along with NAPNES’s Privacy Policy shall be governed and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in California. The parties hereby waive any and all rights to a trial by jury. Any cause of action by you with respect to the Site, the Privacy Policy, or any Content or related services must be instituted within six (6) months after the cause of action arose or shall be forever waived and barred.