Welcome!.  Before you get started, please read below our General Terms and User Agreements.  Scroll down to agree and continue. 

General Terms

Date of Last Revision: August 24, 2023.

 Welcome to our website (“www.ihce.org”) (the “Website”).

  1. Introduction
  2. These terms and conditions are entered into by You and Institute for Health Care Ethics, Inc. (“IHCE” or “we” or “our” or “us”).  IHCE is a State of New York Corporation whose principal place of business is located at 1600 Liberty Building, Buffalo, NY 14202. IHCE is the owner and operator of this Website. IHCE, via our Website, enable a learning management system between content providers and users (learners).
  3. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Agreement”), govern your access to and use of www.ihce.org., including any content, functionality, products, software, services, and servers (collectively, the “Service”) offered on or though www.ihce.org.   This Website is offered and available to users who are 18 years of age and older and reside in the United States or any of its territories and possessions.  By using this Website you represent and warrant that you are of legal age to form a binding contract with IHCE and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the website.  By using our Service you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using our Service.
  4. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING A USER’S LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IT ALSO CLEARLY SPECIFIES THE MANNER BY WHICH ACCEPTANCE OF THIS AGREEMENT OCURRS.
  5. IHCE, at its sole discretion, may translate its Service into various languages, that notwithstanding, the language of this Agreement, or any agreement wherein this Agreement is included by reference, will not be translated into any other language and must be agreed to and accepted as defined herein.
  6. General Terms
  7. The terms and conditions provided herein (the “General Terms”) apply to all users of our Service, including the public at large (“Users”). If you register on our Service, then additional terms and conditions will apply (“Registered User”).
  8. The General Terms contained herein are included by reference in the subsequent agreements entered into between IHCE and a Registered User and constitute the minimum terms and conditions controlling use of our Service. The term Agreement, as used herein, refers to the General Terms and to any agreement entered into between a Registered User and IHCE that includes the General Terms by reference. 

 Our Service includes all pages on our Website's domain (www.ihce.org) and all pages on any related sub-domains, all of which are controlled by this Agreement.

  1. Acceptance and Modifications
  2. IHCE reserves the right to change or revise this Agreement at any time by posting a notification on our Website, and apply to all access to and use of the Website after such notification posting.  However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.   Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page from frequently so you are aware of any changes, as they are binding on you. IHCE, at its sole discretion, may provide a Registered User notification via other mechanisms, but is not required to do so.
  3. You are required to affirmatively accept this Agreement when becoming a

Registered User by reading this Agreement and clicking “I Agree.” As a Registered User you are also required to affirmatively accept any future revisions to this Agreement in a similar manner. IHCE maintains a record of acceptance for each Registered User, including the

verification of this Agreement accepted by you whenever you click “I Agree.”

  1. IHCE will notify you of revision dates to this Agreement by posting the “last revised date” preceding the first paragraph of this document. The revised Agreement will take effect immediately after it has been posted on our Website.
  2. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
  3. Eligibility
  4. IHCE requires, and enforces, strict compliance with our eligibility (“Eligibility”) requirements, as defined herein. Our Service is not intended for individuals under the age of 18. It is intended solely for the use of our Users. Registration on our Service by any other person is strictly prohibited, unauthorized, unlicensed, void, and in violation of this Agreement.
  5. By registering on our Service you assert and warrant that you are doing so for the purpose of using our Service as intended. Registration for any other purpose violates this Agreement and is strictly prohibited. By registering on our Service you further assert and warrant that you are of legal age and possess the legal capacity to enter into this Agreement, either on your own behalf or on behalf of an entity you represent.
  6. Account Registration
  7. As a Registered User you are required to provide us accurate, current, reliable and otherwise valid data when completing the registration forms that establish your account (“Account”) on our Service and you agree that such data must be kept current and revised in a timely manner when events occur that may alter its validity.  You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (below), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
  8. As a Registered User you agree that you are solely responsible for the data and activities related to updating and maintaining your Account, notwithstanding the fact the IHCE may, for technical or other reasons, assist you in making changes to your Account at your direct request, and after proper verification. 

Registration on our Service requires you to establish security credentials that allow you access to your Account. The credentials include a user identifier and a corresponding password. You may also be required to establish additional credentials should IHCE deem them necessary to protect the integrity of our Service. You agree that you are responsible for maintaining the confidentiality of said credentials. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

  1. User Content
  2. You retain all ownership rights to content which you are the lawful owner or licensee of (“User Content”) and which you make available to our Service via whatever mechanism our Service provides, excluding such items defined as Transmissions herein and subject to any other rights granted to IHCE under this Agreement.
  3. User Content means content provided by a Registered User to our Service.  Any User Content will be considered non-confidential.
  4. By submitting User Content to our Service, you grant IHCE a nonexclusive, worldwide, transferable and fully paid license to copy, crop, reproduce, reformat, translate, display, excerpt (in whole or in part) and distribute your User Content within our Service to the extent required to accomplish objectives directly or indirectly related to same.
  5. In addition, the license you grant includes rights that allow IHCE to create derivative works, or incorporate your User Content into other works, as IHCE sees fit and as required by our Service. The license expires upon termination of this Agreement. You acknowledge and agree that IHCE may retain archived copies of User Content for purposes related to our internal operations including but not limited to our compliance with applicable law and for other business purposes.
  6. You represent, warrant, and guarantee that you have the full right, ability, and authority to make User Content available on our Service. You further represent, warrant, and guarantee that by making available User Content on our Service you are not violating any obligation owed by you to a third party, including without limitation obligations of confidentiality, privacy, attribution, or intellectual property rights including, but not limited to, rights related to patent, trademark, copyright, or trade secrets.
  7. Limited License
  8. All content on our Service, except for User Content, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Information"), are the property of IHCE or its licensors with all rights reserved.
  9. If you meet the requirements of Eligibility, and have properly gained access to our Service as provided for in this Agreement, then you are granted a limited license to use our Service and the Information, and to download and print a copy of any portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact. 

As pertaining to all the Information, except for User Content, you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation.

  1. Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on our Service.
  2. Absent prior written consent from IHCE, you may not copy or imitate any elements of our Service, including but not limited to, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from IHCE, you may not use framing, metatags, or hidden text techniques in association with our logo, trademark or other copyrighted or proprietary information.
  3. Unless expressly stated in this Agreement, or in a subsequent agreement entered into by IHCE and a Registered User, nothing herein shall be construed as conferring any license to intellectual property rights, in any form or by any mechanism.
  4. The IHCE limited license is revocable at any time without notice and with or without cause.
  5. Transmissions
  6. As defined herein, transmissions (“Transmissions”) may take the form of questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written materials about, or concerning, our Service, provided by you to IHCE, other than User Content. You acknowledge that Transmissions by you to and from our Service are

non-confidential, and that others may read and/or intercept such Transmissions.

  1. IHCE has the right, but not the obligation, at its sole discretion, to review any Transmissions using our Service and to edit or delete any Transmissions that violate any part of this Agreement. You hereby consent to IHCE’s collection and use of such Transmissions in accordance our then current Privacy Policy and acknowledge that submitting Transmissions to our Service creates no financial or fiduciary relationship between you and IHCE.
  2. By using our Service, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions, to IHCE. Accordingly, IHCE shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to our Service, you irrevocably waive all "moral rights" in such Transmissions.
  3. Indemnification

9.1 You agree to defend, indemnify, and hold IHCE, its parents, subsidiaries, affiliates, officers, agents and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, judgments, awards, costs, fees, and expenses (including attorneys' fees and expenses) arising out of or relating to your use of our Service, including but not limited to:

(1) your submission to our Service of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.

9.2       IHCE acknowledges and agrees that the indemnification sought in 9.1 is limited to acts that are directly or indirectly under your control regarding your use of, or inability to use, our Service, and does not extend beyond that.

  1. Limitations of Liability
  2. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Institute for Health Care Ethics, Inc. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF Institute for Health Care Ethics, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT

APPLY TO YOU. TO THAT EXTENT, Institute for Health Care Ethics, INC 'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO Institute for Health Care Ethics, Inc. IN EXCHANGE FOR ALLOWING YOU TO USE OUR SERVICE DURING THE PAST THREE MONTHS PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION OR PROCEEDING, OR $100.00 USD, WHICHEVER IS LESS.

  1. DISCLAIMER
  2. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  YOU ACKNOWLEDGE THAT OUR SERVICE AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" BASIS AND THAT Institute for Health Care Ethics, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING OUR SERVICE OR THE INFORMATION. Institute for Health Care Ethics, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT.
  3. BY USING, OR ATTEMPTING TO USE, OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING:
  4. THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS;
  5. Institute for Health Care Ethics, Inc. DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND
  6. Institute for Health Care Ethics, Inc. DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE OR ANY RELATED SERVERS ON WHICH IT RESIDES ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
  7. Institute for Health Care Ethics, Inc. MAY PERIODICALLY MAKE CHANGES TO ANY SERVICE CONTENT, INFORMATION, FEATURES OR FUNCTIONS. Institute for Health Care Ethics, Inc. RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT.
  8. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN OUR SERVICE TO ANY PRODUCTS, PROCESSES, SERVICES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR

OTHERWISE, SHALL CONSTITUTE OR IMPLY Institute for Health Care Ethics, INC'S ENDORSEMENT OR SPONSORSHIP THEREOF.

  1. Links
  2. Our Service may include hypertext links to other websites over which IHCE has no control. IHCE makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto.
  3. You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against IHCE regarding such websites and must adhere to the usage and privacy policies governing such sites. IHCE’s usage of links does not imply our endorsement, or sponsorship, of any such websites.
  4. Intellectual Property Rights of Third Parties

13.1  IHCE respects the intellectual property rights of others and requires a Registered User of our Service to do likewise. IHCE prohibits a Registered User from making available, in whatever form and by whatever mechanism, content on our Service that infringes upon any party’s intellectual property rights. 

13.2  IHCE has the right to terminate the Account of any infringing Registered User and will take steps to do so immediately upon proper notification and in compliance with applicable law. You acknowledge and agree that a violation of the intellectual property rights of others on our Service triggers the Indemnification as provided for herein.

13.3.                  IHCE will strictly comply with the requirements of the Digital Millennium Copyright Act, Title 17, United States Code Section 512(c)(2) (“DMCA”). If you believe your copyright has been violated by any content on our Service then you may send a written notification of such infringement to our Designated Agent as set forth below.

13 4.                  IHCE has designated an agent to the U.S. Copyright Office to receive notifications of alleged copyright infringement relating to our Service. You must submit all such notifications, in a manner consistent with the DMCA, to IHCE’s Designated Agent. Likewise, if you believe that your copyrighted content has been erroneously removed from our

Service then you must send a counter notification to IHCE’s Designated Agent in a similar

DMCA compliant manner.

 Send all DMCA compliant notifications to:

 Content Provider: Institute for Health Care Ethics, Inc. Designated Agent: Julia Kabakov

Address: c/o Rupp Baase, Pfalzgraf Cunningham LLC 1600 Liberty Building

Buffalo, NY 14202

 Phone: (716) 222-3865

 Email: [email protected]

  1. Trademark
  2. All trademarks used on our Service are the property of their respective owners and may not be used without permission therefrom.
  3. Whether or not specifically designated as such, www.ihce.org and all other colors, graphics, logos, sounds, images, icons and buttons displayed on our Service are or may be trademarks of IHCE or its affiliates.
  4. Absent prior written consent from IHCE, you may not copy, imitate, or use any portion of these marks.
  5. User Conduct Restrictions: Impermissible Use and Activities
  6. You agree not to use our Service to transmit data or code which: (1) is unlawful, threatening, or abusive; (2) encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; (3) exploits, harms ,or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (4) contains false or misleading information; (5) inhibits another User from use or enjoyment of our Service; (6) is defamatory, libelous or otherwise unlawful; (7) contains a virus or surreptitious code; (8) contains any type of commercial component or advertising; or (9) allows for the harvesting of email addresses or other contact information, or the harvesting of information of any kind.
  7. Furthermore, you agree not to use our Service to engage in the following kinds of activities: (1) transmit, upload, post, store, and share content of any kind, and by any other mechanism, that you are not the lawful owner or licensee of; (2) register for more than one Account or register an Account in the name of another; (3) impersonate a person or entity or make misrepresentations regarding affiliations of any kind; (4) engage in any kind of behavior that can reasonably be construed as SPAMMING; (5) engage in any behavior likely to cause harm to IHCE, our Service, its Users, or to the public at large.
  8. Data Collection
  9. Your Transmissions are subject to IHCE’s Privacy Policy. By using our Service you agree to review IHCE’s Privacy Policy and to be bound by its terms and conditions. From time to time IHCE may change its Privacy Policy without notice to you, other than that provided for in the Policy. Your continued use of our Service, after the posting of any changes to said Policy, shall constitute your agreement and acceptance of such changes.
  10. IHCE does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 13, with or without parental consent. If you have a good faith belief that IHCE has inadvertently collected such information, please contact IHCE at [email protected]. IHCE will take immediate steps to remove such information from our Service and from any databases under IHCE’s control.
  11. Governing Law
  12. The laws of the State of New York, United States of America shall govern this

Agreement, as well as IHCE’s Privacy Policy, notwithstanding any principles of conflicts of law.

  1. You agree that any action at law or in equity arising out of or relating to this

Agreement or IHCE’s Privacy Policy, other than those disputes or claims subject to Arbitration as enumerated below, shall be filed only in state or federal court located in the State of New York, in a venue most proximate to Erie County, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action.

 18        Arbitration 

18.1      Any claim or controversy arising among or between the parties hereto pertaining to our Service, or any claim or controversy arising out of, or with respect to, any matter contained in this Agreement, or any differences as to the interpretation or performance of this Agreement, other than those wherein either party has infringed or threatened to infringe the other party’s intellectual property rights, or wherein you have violated our User Conduct Restrictions, shall be settled by arbitration in the State of New York. Such arbitration shall be before three arbitrators of the American Arbitration Association (the “AAA”) under its then prevailing rules.

18.2     Intellectual property rights, as defined herein, include patent, copyright, trademark, or trade secrets. You and IHCE jointly acknowledge that arbitration is not an adequate remedy at law for actual or threatened infringement of either party’s intellectual property rights. Therefore, it is agreed that injunctive or other appropriate relief may be sought under these circumstances.

 18.3       In any arbitration involving this Agreement, the arbitrators shall not make any award that will alter, change, cancel or rescind any provision in this Agreement, and their award shall be consistent with the provisions of this Agreement. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose, or the claim is waived.

  1. The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.
  2. Termination

 19.1  Either you or IHCE may terminate this Agreement. You may terminate this Agreement by destroying all materials obtained from our Service and by providing a written termination notice to IHCE at [email protected]. IHCE may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to our Service.

 19.2 Should you or IHCE decide to terminate this Agreement then IHCE will prevent access to your Account on our Service. IHCE agrees to make a good faith effort to resolve an outstanding dispute between IHCE and a Registered User, if any exist, prior to termination. IHCE, at its sole discretion, may restore access to your Account if the dispute has been resolved to its satisfaction.

 19.3 You acknowledge and agree that termination of this Agreement by either party pertains solely to your use of our Service, and has no effect on other contractual obligations that may exist between the parties, which remain in full force and effect.

  1. Severability

 If any portion of this Agreement or of IHCE’s Privacy Policy is determined by a court of

competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.

 21 Entire Agreement

 This Agreement contains all of the terms and conditions agreed to by you and IHCE with respect to your use of our Service. It supersedes all prior agreements, arrangements and communications between the parties dealing with the same, whether oral or written.

 22 Definitions and Constructions

 Unless otherwise specified, the terms, "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter.

Privacy Policy

Date of Last Revision: August 24, 2023.
Welcome to our website (“www.ihce.org”) (the “Website”). 1. Introduction 1. Institute for Health Care Ethics, Inc. (collectively “IHCE” or “us” or “our” or “we”) is the owner and operator of www.ihce.org and any related sub-domains (the “Service”). This privacy policy (“Privacy Policy” or “Policy”) applies to the Service in its entirety but does not apply to entities that IHCE does not own or control. 2. IHCE is committed to the privacy and protection of information provided to us by our users. This includes any information provided to us through our Service, including any information submitted to us through various forms and through other mechanisms. Please read this policy carefully to understand our policies and practices regarding your information and how we treat it. By using our Service you are accepting the privacy practices contained in this Policy. If you do not agree with our policies and practices, your choice is not to use our Website. 3. The purpose of our Privacy Policy is to inform our users regarding the information that we collect, utilize, and share. If you have any questions about our Privacy Policy, or our privacy practices in general, please contact us using the contact information provided below: Privacy, c/o Institute for Health Care Ethics, Inc. 424 Main Street 1600 Liberty Building Buffalo, NY 14202 Email: [email protected] Phone: 716-222-3865 2. Information Collected About You 1. There are various types of information that IHCE collects about you when you register with, interact with, or otherwise use our Service. Some of this information is provided voluntarily by you and other information is provided through automated processes under IHCE’s control. Information Provided By You: In addition to personally identifiable information(“PII”) provided during the IHCE registration process, you may also provide us PII during the following non-exhaustive list of representative classes of interactions on our Service: a. requesting customer support and sending IHCE similar communications; b. making payments to IHCE for various offerings; c. signing up for IHCE email alerts, newsletters, and similar special offers; d. responding to IHCE surveys and other special information requests; and e. communicating with IHCE regarding our compliance with applicable law. 2. Information Provided By Automated Processes: IHCE may automatically collect non- PII pertaining to you when you use our Service including, but not limited to, when you use our Service via mobile and other access devices. IHCE may use cookies, web beacons, log files, and similar methods to collect non-PII: a. A cookie is data stored in a small text file on your local access device that contains data about you. The information in the cookie is used to uniquely identify you and other users of our Service. The cookie may contain a token linked to our databases in order to provide you an enhanced feature set. It identifies a particular user at a particular point in time. b. A web beacon is used to enable communications with third parties. It is a small image in an HTML page with all dimensions set to one (1) pixel. Because of its insignificant size, it is not visible. It is used to pass certain non-PII anonymously to third-party sites, usually advertisers; c. A log file is a system created file that captures certain interactions between you and our Service. 3. Non-PII Reservation of Rights: IHCE reserves the right to adopt alternative methods for collecting non-PII consistent with the provisions of this Policy and without providing further notification to you, other than what is contained herein. 3. Implications Regarding Collected Information 1. Consent Regarding Data Storage and Transfer: Your use of our Service implies your consent to have your PII and non-PII (“Data”) (i.e. any data provided by you to IHCE via our Service or through other mechanisms) stored, transferred and processed within the United States, or in any other country in which IHCE or its affiliates, subsidiaries or agents maintain facilities. By providing us with your Data and using our Service you consent to any such transfer of Data outside of your country of origin, at IHCE’s sole discretion. 2. Control and Access to Data: IHCE respects both the need for you to control your Data, and our need to use it in order to provide an enhanced experience on our Service. IHCE is diligent in ensuring that it has implemented appropriate administrative, technical, and physical safeguards to prevent the unauthorized or unlawful use of your Data, and to prevent any accidental loss, destruction, or damage to such information. 3. Use of Data Collected: IHCE is the sole business owner of the Data (i.e. as represented by the aggregate content and arrangement of the information collected about you on our Service) and will not sell, rent, or share the information collected in a manner that differs from what is disclosed in this Policy. IHCE collects this information in order to: a. accomplish the objectives of our Service; b. provide you with a high-quality user experience on our Service; c. offer you a personalized feature set on our Service; and d. to improve our Service. 4. Sharing of Data in General: PII provided by you will not be shared with third parties, without your permission, for any purpose other than those enumerated below. IHCE, in its sole discretion, reserves the right to share with third parties aggregated non-PII for the purpose of compiling information that is relevant to our business interests. IHCE, in its sole discretion, reserves the right to disclose any information that it obtains through our Service to appropriate governmental or regulatory authorities or governmental agencies, if required by law. IHCE, in its sole discretion, may share any information collected, stored and processed, if it has a good faith belief that to do so is reasonably necessary to: a. enforce our Terms of Use; b. detect, investigate, and otherwise address fraud, security or technical breaches or related matters; or c. protect against imminent harm to the rights, property, or safety of IHCE, its users, or the public at large, as required or permitted by law. 5. Sharing of Payment Data: IHCE may share transaction information with our third-party payment processor (“Payment Processor”) when you pay for or renew your License on our Service. The information shared with our Payment Processor is limited to the information required by our Payment Processor to complete the payment transaction. IHCE does not capture or store the financial information provided by you to our Payment Processor. IHCE only stores the results of said transactions as provided via notifications from our Payment Processor to us upon the completion of a payment transaction. Sharing of Data with Other Third Parties: In addition to disclosing information to our Payment Processor, IHCE may disclose your personal information to other third- party service providers (“Providers”) who perform services on our behalf. Examples of such Providers may include, but are not limited to, data storage and web hosting companies, as well as consultants we may engage for various reasons. IHCE requires Providers to use and protect your personal information consistent with the provisions of this Policy. 4. Security of Information 1. Any information sent by you to IHCE through Internet email or through our Service may not be secure and is therefore done on a non-confidential basis and at your own risk. Once such information is received, IHCE takes appropriate security safeguards to prevent its unauthorized use, alteration, disclosure, or destruction. These safeguards include periodic review of our internal processes, and benchmarking of same with industry best practices. 2. Access to PII is restricted to IHCE employees, contractors, and agents on a need to know basis. Such individuals are generally bound by confidentiality agreements and may be subject to termination and criminal prosecution should they fail to comply as required by said agreements and/or with the contents of this Policy. 3. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 4. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. 5. Data integrity 1. IHCE processes PII only for the purposes for which it was collected and in accordance with the provisions in this Policy. Reasonable steps are taken to ensure the quality of the PII that IHCE collects, processes, and stores. IHCE depends on its users to keep their PII current and accurate. IHCE conducts periodic reviews to ensure that only the PII required by our Service is captured and used consistent with the provisions of this Policy. The maintenance of data integrity is a joint collaborative effort between IHCE and our users. 2. IHCE may delete Data, from time to time, upon the request of an individual user. IHCE requires that a user present proper credentials for authentication before honoring all such requests. Good faith attempts are made to work with individual users regarding Data related issues. IHCE reserves the right to refuse such requests when they prove unduly burdensome and/or are impractical. IHCE will not delete Data required to be kept by applicable law or Data otherwise required by IHCE for legitimate business reasons. 6. Choices Regarding PII Should IHCE decide to use PII other than for the purpose originally collected, IHCE will do so only with your consent. You will be given the opportunity to opt out of any such use. Should IHCE become involved in a sale, acquisition, or any form of transfer of some or all of its assets, then IHCE will provide notice to you before your PII is subject to a new or different privacy policy. 1. You always have the option of contacting IHCE should you have questions regarding your PII. Please contact IHCE using the contact information provided above. 7. Protecting Children Our Website is not intended for children under the age of 18 years of age. No one under age 18 may provide any information, personal or otherwise, to the Website. IHCE restricts the use of our Service to individuals of legal age and above. IHCE does not knowingly collect or solicit PII from anyone under the age of 18, with or without parental consent. If you are under the age of 18, do not use or provide any information on this Website. 8. Links Our Service may contain hyperlinks to third-party websites that may collect or solicit information. Our Privacy Policy does not cover information collected or solicited by these third-party websites. IHCE is not responsible for the privacy practices of such sites. IHCE users are encouraged to pay attention when they leave our Service and to read the respective privacy policies of each website that collects personally identifiable information. This Policy only applies to information provided by you to IHCE via our Service or through other mechanisms. 9. Enforcement Because we are committed to protecting our users’ PII, IHCE conducts periodic reviews of our internal processes to ensure that we remain in compliance with this Policy. We will cooperate with the appropriate authorities to resolve any user complaints regarding the transfer of PII.. IHCE will initially try to resolve the complaint with the individual user. Formal complaints should be sent to IHCE using the contact information provided above. 10. Policy Changes In the future, we may make changes to our Privacy Policy to reflect changes in our privacy practices and/or changes to our Service. IHCE’s goal is to keep our users aware of what information we collect, use, and under what circumstances, if any, we disclose it. When changes are made to this Policy the “last updated date” will be modified accordingly. If changes are made to our Privacy Policy then IHCE will provide notification on our Website. In addition, further notification will be provided to users that have registered with our Service.User Agreement

Date of Last Revision: January 9, 2023.

  1. User Agreement 1. Introduction 1.1 This User Agreement (“Agreement”) governs your relationship with Institute for Health Care Ethics, Inc. (collectively “IHCE” or “us” or “our” or “we”) when you register on our Service as a User and establish a User account (“Account”). This Agreement incorporates by reference our General Terms. Our General Terms form the foundation upon which this Agreement is based. 1.2 Our General Terms apply to any User of our Service and represent the baseline minimal terms and conditions that must be agreed to in order to use our Service. Our General Terms, and what is contained herein, are collectively referred to as “this Agreement.” By registering as a User on our Service you agree to be bound by the entirety of this Agreement, which includes our General Terms. 1.3 BY CLICKING “I AGREE” YOU ARE ACCEPTING WHAT IS CONTAINED HEREIN AND YOU ARE ALSO ACCEPTING ALL THE TERMS AND CONDITIONS CONTAINED IN OUR GENERAL TERMS AND IN OUR USER AGREEMENT, WHICH HAVE BEEN INCLUDED HEREIN BY REFERENCE. PLEASE READ OUR GENERAL TERMS AND OUR USER AGREEMENT CAREFULLY BEFORE PROCEEDING. 1.4 With respect to the acceptance of this Agreement “you” or “User” means you as an individual unless you are accepting this Agreement on behalf of your employer or other entity, in which case “you” or “User” means that employer or entity. 1.5 If a conflict of terms and conditions exists between our General Terms and this document then what is contained herein controls. 2. Account Management 2.1 The Account established upon registration on our Service as a User will be referred to as the User’s account (“User Account”). 2.2 User agrees to assume full responsibility for managing its User Account, including updating and/or deleting information in the User Account so as to maintain its validity. 2.3 IHCE requires, and you agree, that a User Account created on our Service shall be used only by the named individual on the User Account. 3. Definitions Content: means digital information to be distributed within our Service (e.g. video, audio, text/document, images, forms, simulation, tests, surveys, or others that are defined by their respective content types). Course: One or more Content that is immutable within our Service (i.e. not capable of being separated into its constituent components). A Course may have prerequisite Courses. Credentials: means the user identifier and password provided by IHCE to a User in order for a User to obtain access to the User’s User Account. Digital Object: means Content, Course or some combination. Distribution: means the process by which Product(s) is accessed. IHCE: means the provider of this Service. License: means a IHCE’s grant of rights to User for use of a Product within our Service, in order to achieve the objectives of our Service, wherein the Product is not owned by User. License Fee: means a IHCE’s fee charged to a User for the use of a Product, prior to the Distribution of the Product, wherein the Product is not owned by User. Payment Method: means credit card, debit card, or other form of payment accepted by our Payment Processor. The method selected represents the means by which a User will pay a Product License Fee due our Service. Payment Processor: means the third-party entity that IHCE uses to accept Payments from User’s for the License Fees incurred for Distribution. Payments: means financial transactions, in U.S. Dollars, wherein a User pays IHCE fees due, via a Payment Method, for each Product licensed prior to Distribution. Product: means Content or a Course available for Distribution. A Product may have a price. Privacy Rule: means the same as the equivalent term defined in our User Agreement. Published: means a Product within our Service that is ready for Distribution. Registration: means the process that IHCE provides for establishing an Account on our Service and thereby becoming a User. Registration Date: means the date that the User completed the Registration process. Service: means IHCE’s products, software, processes, services, and website, all of which collectively constitute a user engagement experience. User: means an individual that has registered on our Service for a User License. User Account: means the method by which an individual gains access to our Service after Registration. Termination: means a User ending its relationship with IHCE under the terms and conditions defined herein, including IHCE preventing further access to a User Account. 3.2 Intellectual Property Rights & Confidentiality Confidential Information: means any written information or information that is stored by electronic means which (i) relates to this Agreement, (ii) is received by one of the parties from the other and (iii) is marked "Confidential," "Proprietary" or bears a marking of like import or which the Disclosing Party states in writing at the time of transmittal to, or receipt by, the Receiving Party is to be considered confidential. Disclosing Party: means the party providing Confidential Information. Intellectual Property Rights: means all rights of design and authorship, all copyrights, all trademark and service mark rights, all patent rights, all rights in trade secret and proprietary information, all rights of attribution and integrity and other moral rights, and all other intellectual property rights of any type. Moral Rights: means any right to claim authorship of a work, any right to object to any distortion or other modification of a work, and any similar right, existing under the law of any country in the world, or under any treaty. Receiving Party: means the party receiving confidential information. Trade Secret: means any oral, written, or documentary information or information that is stored by electronic means that: (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. 4. Term and Duration 4.1 The term of this Agreement shall commence on the date a User first accepts this Agreement, or accepts a modified Agreement, as provided for in our General Terms. This Agreement will remain in full force and effect until it is terminated by either party as provided for herein. 4.2 User acknowledges and agrees that the mutual obligations to maintain Trade Secrets are in effect in perpetuity or to the extent allowed by applicable law. 4.3 User acknowledges and agrees that the covenant not to compete remains in effect for the duration provided for herein or to the extent allowed by applicable law. 5. Compensation to IHCE 5.1 IHCE may require User to pay the License Fee due to access its Service. To pay the License Fee, a User must provide a credit card or other payment method accepted by our Payment Processor. Payment is due in U.S. dollars immediately upon creation of a User Account. 5.2 User acknowledges and agrees that where applicable, User is responsible for any taxes due and will pay IHCE the Aggregate License Fee without any reduction for such amounts. All Product sales are final. IHCE will only refund a License Fee at its sole discretion. 6. Confidentiality 6.1 Either party to this Agreement may, in the course of fulfilling its terms, need to disclose information to the other party that is proprietary or confidential. 6.2 The terms Confidential Information and Trade Secrets do not include information that: (i) is already known to the Receiving Party as evidenced by prior documentation thereof; (ii) is or becomes publicly known through no wrongful act of the Receiving Party; (iii) is lawfully and rightfully received by the Receiving Party from a third party without restriction and without breach of this Agreement or any other agreement; or (iv) is approved for release by written authorization of the Disclosing Party. 6.3 The Receiving Party shall not disclose to others, or use for any purpose of its own, any Confidential Information, financial or business data, technical data, or other confidential or proprietary information obtained from the Disclosing Party, or from an affiliated entity of the Disclosing Party, as a result of work done pursuant to this Agreement, or generated or developed in the performance of work under this Agreement. 6.4 The Receiving Party agrees not to use for any purpose whatsoever or to disclose Trade Secrets at any time during or after the term of this Agreement or until such Trade Secrets lose their status as such by becoming generally available to the public by independent discovery, development, or publication. 6.5 The covenants regarding Confidential Information and Trade Secrets will apply to any Confidential Information or Trade Secrets disclosed to the Receiving Party by the Disclosing Party before or after the date of this Agreement and remain in full force and effect after termination of this Agreement. 7. Non-Compete. 7.1 In consideration for IHCE providing User access to our Service, User hereby agrees that during the term of this Agreement, or upon the termination of this Agreement, and notwithstanding the cause of termination: (A) User shall not compete with the business of IHCE or its successors or assigns, to wit, any business that provides a platform analogous to our Service, and User further agrees that User’s employees or agents (if any) shall not directly or indirectly, as an owner, officer, director, employee, consultant, or stockholder, engage in a business that provides a platform analogous to our Service, or a business substantially similar or competitive to our Service. (B) This non-compete clause shall apply to the entirety of the Internet, anywhere in the world, and shall be in full force and effect for the entire term of this Agreement, commencing with the date this Agreement is accepted, and for two years post the termination of this Agreement, consistent with Acceptance and Termination as provided for in our General Terms. 7.2 User further agrees that any violation of this covenant not to compete will trigger IHCE’s right to terminate this Agreement as provided for in our General Terms. 8. Force Majeure Neither party shall be responsible for (or be deemed in breach or default hereof as a result of) delays or failures in performance hereunder to the extent that such party was hindered in its performance by any act of God, war, terrorism, civil commotion, application of any law or regulation or other act of any governmental officer or personnel, labor dispute, or any other occurrence beyond the reasonable control of such party. 9. Limited Warranty IHCE does not warrant in any form the results or achievements of the Services provided. IHCE warrants that that the Services will be performed in a professional and workmanlike manner in accordance with the generally accepted industry standards and practices. IHCE shall comply with all statutes, ordinances, regulations and laws of all international, federal, state, county, municipal or local governments applicable to performing the Services hereunder. THE WARRANTY SET FORTH IN THIS SECTION 9 IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, OR AS TO THE RESULTS WHICH MAY BE OBTAINED THEREFROM. IHCE DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. THE WORK PRODUCT COVERED BY THIS AGREEMENT HAS BEEN PURCHASED BY THE CUSTOMER “AS IS” AND “WITH ALL FAULTS,” AND THE CUSTOMER ACKNOWLEDGES THAT NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEARE TO BE IMPLIED. IHCE SHALL NOT BE LIABLE FOR ANY SERVICES OR WORK PRODUCT PROVIDED BY THIRD PARTY VENDORS IDENTIFIED OR REFERRED TO THE USER BY IHCE DURING THE TERM OF THIS AGREEMENT. USER’S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS REPERFORMANCE OF THE SERVICES, OR IF REPERFORMANCE IS NOT POSSIBLE OR CONFORMING, REFUND OF AMOUNTS PAID UNDER THIS AGREEMENT FOR SUCH NON-CONFORMING SERVICES. 10. Limitation of Liability IN NO EVENT SHALL IHCE BE LIABLE UNDER THIS AGREEMENT TO THE USER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. SUBJECT TO THE USER’S OBLIGATION TO PAY THE FEES TO THE IHCE, IHCE’S ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY THE USER TO IHCE IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT. USER AGREES THAT HE/SHE/IT SHALL NOT BRING AN ACTION FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. 11. Indemnification USER AGREES TO INDEMNIFY, DEFEND, AND HOLD IHCE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY USER, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THIS AGREEMENT OR THE GENERAL TERMS. USER AGREES THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND USER AGREES TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. USER WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF USER’S USE OF HIS/HER/ITS USER ACCOUNT. 12. Notices All notices hereunder (other than Payment) shall be in writing and delivered personally or sent via facsimile, by certified mail, return receipt requested, email (confirmation requested) or by a reputable courier service to the address of the principal place of User of the party to be notified or to the address provided to our Service during registration, if no principal place of User can be determined. 13. Resolution of Conflict Both parties agree during a thirty (30) day period after notice is given to the other party of a dispute under the terms of this Agreement to use their best efforts to resolve any dispute through good faith negotiations, prior to invoking the remedies provided for in our General Terms, unless the Intellectual Property Rights of either party are threatened or User is in violation our User Conduct Restrictions. 14. IHCE’S Rights 14.1 User acknowledges that IHCE owns all right, title and interest, including without limitation, all Intellectual Property Rights a3d Moral Rights, in and to our Service. 14.2 A User shall not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any IHCE intellectual property including, but not limited to, content, software, and/or documentation. 14.3 A User shall not create or attempt to create a substitute or similar Service through use of, or access to, IHCE proprietary information. A User shall not remove, obscure, or alter IHCE copyright notice or other proprietary rights notices affixed to or contained within any IHCE content, software, or documentation. 14.4 IHCE may retain and use, subject to the terms of IHCE’ Privacy Policy, and what is contained in this Agreement, all information a User provides to our Service including, but not limited to, all information provided by a User during Registration. 15. Severance and Waiver 15.1 User acknowledges and agrees that if any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. 15.2 IHCE’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by IHCE. 16. License Granted to User 16.1 IHCE grants User a non-exclusive License, providing User usage rights pursuant to Product(s) within the confines of our Service, in order to achieve the objectives of our Service. 16.2 As pertaining to all the Product(s), a User may not make available, in any form and by any mechanism, said Product(s) on any public or private website or incorporate the Product(s) in any other database or compilation. 16.3 Any use of Product(s), other than as set forth herein, is strictly prohibited, and may, at IHCEs sole discretion, result in IHCE blocking User’s Account and thereby preventing further access to our Service. 17. Termination 17. 1 User acknowledges and agrees that it may terminate this Agreement as provided for in our General Terms; however, IHCE will not refund any Payments that User has previously made. 17.3 User acknowledges and agrees that once a termination notice, as provided for herein, is received by IHCE, then no further access will be allowed to a User’s User Account.

 

I Agree