Terms and Conditions of Use of the X-Plain Tutorial

Please read the following terms and conditions of use agreement (Agreement) before using the X-Plain® educational materials (X-Plain) and its X-Plain Tutorials (Tutorial) published by the Patient Education Institute (PEI). Using X-Plain implies that you agree to all the terms of this Agreement.

License and Restrictions

You may use the X-Plain Tutorial solely for personal, educational, and informational purposes.

  1. You may not use X-Plain for any commercial use. "Commercial use" means charging any fee for a service that includes using the X-Plain Tutorial.


  2. You may not co-brand X-Plain. "To co-brand" means to link X-Plain with a logo, trademark, name, or another sign of identification of any party in such a manner reasonably likely to give the impression that such other party has licensed or has the right to use X-Plain.


  3. You may not frame X-Plain. "To frame" means to have X-Plain or a portion of it appear on the same screen with another website or a portion of one.


  4. You may not deep-link to a Tutorial or Test-Your Knowledge program. "To deep-link" means to link directly to an X-Plain Tutorial or Test-Your Knowledge page without going through the home page on which licensed X-Plain Tutorials are listed.


  5. You may not use the individual pages of the Tutorial to save and create another Tutorial by adding, deleting, or modifying slides (pages) of the Tutorial.


  6. You may not document the activity of an X-Plain Tutorial. "To document the activity" means to use the X-Plain Tutorial with other computer software to generate an electronic record of an end-user completing all slides or answers to questions in the Tutorial.


  7. You may not reproduce, transmit, publish, or distribute X-Plain educational materials or any of its content (Content), which includes pages of the Tutorial, illustrations, animations, text or narration (“Content”) without the express written consent of PEI.

Disclaimer

You agree that X-Plain is for informational purposes only and its content is general information and NOT medical advice. Content is not intended to be a substitute for professional medical advice. Always seek the advice of your doctor or other qualified healthcare provider with any questions you may have regarding a medical condition or medical treatment.

The website may contain health- or medical-related materials that you may find sexually explicit or otherwise offensive. X-Plain and its associates accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.

Warranty and Liability

The use of X-Plain is at your own risk. X-Plain is provided on an "as is" basis. PEI, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall PEI and its Associates or any third parties mentioned on X-Plain be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use X-Plain or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PEI is advised of the possibility of such damages.

Indemnity

You agree to defend, indemnify, and hold PEI, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

International Users

The terms of this Agreement applies to users outside the State of Iowa and the United States of America. Access to the Content may not be legal by certain persons or in certain countries. If you access the X-Plain Tutorial from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Termination

You may terminate this agreement at any time by stopping use of X-Plain.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Warranty and Liability, Indemnity, and General.

If you violate any of the terms and conditions of this Agreement, your permission to use the Content automatically terminates.

General

You expressly agree that exclusive jurisdiction for any dispute with PEI, or in any way relating to your use of X-Plain, resides in the courts of the State of Iowa and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Iowa in connection with any such dispute including any claim involving PEI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

This Agreement is governed by the internal substantive laws of the State of Iowa, without respect to its conflict of law principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of the terms and conditions of this Agreement shall be deemed a further or continuing waiver of such terms or conditions or any other terms or conditions.

The terms of this Agreement constitute the entire agreement between you and PEI with respect to the use of X-Plain and Content of X-Plain.

X-Plain.com

Close This Page