Terms and Conditions of Use
Introduction (Acceptance of Terms)
Welcome to NYInfectionControl.com powered by CEFast.com and CEUFast.com. NYInfectionControl.com provides its services to you subject to the following conditions. If you spend time on this web site, you must accept these conditions so please read them carefully. In addition, when you use any current or future CEUFast service, you also will be subject to the guidelines and conditions applicable to such service or business. NYInfectionControl.com strictly follows the policy described below, which defines the terms and conditions when accessing this web site, and assumes your adherence to these provisions. Visiting the NYInfectionControl.com web site, or using any of our services, constitutes your acceptance of this policy.
NYInfectionControl.com provides its services to you subject to these conditions. Carefully review the items posted here. By using this site, you agree to access this web site only as permitted by applicable law and these Terms and Conditions, and additional policies or procedures published on the site from time to time. Customers agree to review these Terms and Conditions from time to time for changes and updates.
Your Account (User Conduct)
To have the ability to access our web site and services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, it is your responsibility to find the equipment (i.e. computer, modem, and/or other devices) necessary to make such a connection to the Internet.
NYInfectionControl.com provides access to many aspects of the web site at no cost to the user. In consideration of your use of NYInfectionControl.com, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, or not current, or if NYInfectionControl.com has reasonable grounds to suspect that such information is untrue, inaccurate, or not current, NYInfectionControl.com has the right to disable or terminate your account and refuse any and all current or future use of the site (or any portion thereof).
Once you complete the registration process with NYInfectionControl.com, you will receive a unique logon ID and password that is associated with your new account. You are solely responsible for maintaining the confidentiality of the logon ID and password, and are fully accountable for all activities that occur under your account. You also agree to immediately notify NYInfectionControl.com of any unauthorized use of your account or any other breach of security.
You understand that all information, such as career information, personal data, text, sound, photographs, graphics, or other materials within your account or transcript, whether publicly posted or privately held within your account or transcript, is your sole responsibility, as you are the person from which this information was generated. This means that you, and not NYInfectionControl.com, are entirely responsible for all content that you post, e-mail, transmit or otherwise make available via your account.
You are on your honor to uphold the standards of truth when taking the certification tests on our web site. Cheating is not permitted and will not be accepted. In addition, the practice of copying and sharing certification test questions will not be tolerated. This is in violation of copyright laws and is grounds for termination of your account, prevention of further access to the NYInfectionControl.com web site, and possible legal action could be brought against you.
Auto Renewal of Membership
NYInfectionControl.com.com does not automatically renew or process payments.
Certificates of Completion
NYInfectionControl.com.com provides Certificates of Completion for each course that is successfully completed. Each NYInfectionControl.com.com user is responsible for printing their own Certificates of Completion by having an available printer. Access to Certificates of Completion are available only to NYInfectionControl.com.com members with active subscriptions.
Certificates of Completion are non-transferable. Once a certificate has been issued the name associated with the certificate cannot be changed unless a legal name change has occurred and the appropriate documentation has been provided.
Service and Product Availability
NYInfectionControl.com attempts to be as accurate as possible at all times, when disclosing pricing and availability of store items on the web site. However, we do not warrant that the pricing and service content on this web site is always complete, current, reliable, or error free. Also, NYInfectionControl.com reserves the right to change our prices at anytime, without notice to the customer, although in most cases, we will attempt to make you aware of these changes in advance.
Modifications to Service
NYInfectionControl.com reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that NYInfectionControl.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
Copyright and Trademarks
The content included on this web site, including, but not limited to the NYInfectionControl.com Certification Tests, text, graphics, logos, icons, images is the exclusive property of NYInfectionControl.com and other respective owners that have granted NYInfectionControl.com the right and license to use such property and is protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to NYInfectionControl.com or other respective owners that have granted NYInfectionControl.com the right and license to use such marks. The NYInfectionControl.com web site contains copyrighted material, including, but not limited to: trademarks and other proprietary information, text, and graphics. Except as otherwise expressly permitted under copyright law, users may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of the NYInfectionControl.com web site without the express permission of the organization.
The Certification Tests and their content are the intellectual property of NYInfectionControl.com. Any reproduction or redistribution of this information without the expressed written consent of NYInfectionControl.com is strictly prohibited. NYInfectionControl.com shall be the sole and exclusive owner of all test questions, test question items, certifications, assessments or other test products that are offered to the general public or through exclusive contracts or agreements. NYInfectionControl.com shall be the sole and exclusive owner of all results from test questions, test question items, or certifications, assessments or test products offered to the general public.
By use of this site, you acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Business Methods and Non-Compete
You agree not to provide continuing education materials or services that are the same or similar as those provided by NYInfectionControl.com or Eyespike withour prior written approval by NYInfectionControl.com or Eyespike. While visiting and using NYInfectionControl.com.com you will have access and the ability to learn and understand our business methods and the specific processes we use to deliver our products, services, and content.
Communications and Content
Should you communicate any suggestions or feedback to our staff or owners, you agree to transfer concepts, ideas and techniques without compensation or benefits from us, as we continue the efforts to improve and enhance the web site experience for our users.
Payment, Billing, and Delivery Practices
Payment for NYInfectionControl.com services or products may be made by credit card, certified check, or other means by which NYInfectionControl.com authorizes. Payment must be received by NYInfectionControl.com prior to acceptance of an order. For credit card transactions, the appropriate information is collected and the transaction takes place on a secure, and encrypted server. The information provided is used strictly to process the order and shall not be given out to third parties.
The Subscriber is responsible for paying the subscription fee at the beginning of the subscription. Subscription fees are non-refundable and can be changed at the sole discretion of NYInfectionControl.com.
Unless and until this agreement is cancelled in accordance with the terms hereof, the subscribers hereby further authorize NYInfectionControl.com to charge their credit card for any and all purchases of products and services.
Customers may not assign or transfer access privileges to any other person or entity. Customers must promptly inform NYInfectionControl.com of the following: (1) changes in the expiration date of any credit card used in connection with this service; (2) changes in home or billing address; (3) apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until NYInfectionControl.com is notified by e-mail of a breach in security, the customer will remain liable for any unauthorized use of the service.
If a subscriber cancels their subscription, they will continue to receive service until the end of their subscription term.
Disclaimers and Limitations of Liability
NYInfectionControl.com makes no express or implied warranties that your use of this Internet site NYInfectionControl.com will be uninterrupted, that messages or requests will be delivered, or that the operation of the Internet site will be error-free or secure. In addition, the security mechanisms implemented by NYInfectionControl.com may have inherent limitations, and you must determine yourself that the web site sufficiently meets your requirements. You shall be responsible for all use of your account and maintaining the confidentiality of your password and information. We discourage your sharing of your logon ID and password with anyone; any such sharing shall be entirely at your own risk. NYInfectionControl.com has the right to make changes, improvements and updates to any information contained on the web site without prior notice. THE NYINFECTIONCONTROL.COM WEB SITE AND ITS CONTENTS ARE PROVIDED 'AS IS' AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEB SITE, ITS CONTENTS OR ANY PRODUCT. THERE ARE NO WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, AND NYINFECTIONCONTROL.COM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NYINFECTIONCONTROL.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, AND THE LIKE) OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS INTERNET SITE, EVEN IF THE COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. NYINFECTIONCONTROL.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED PROVIDED ON THIS INTERNET SITE IS ACCURATE, COMPLETE, OR CURRENT.
All questions relating to this web site's validity, interpretations, performance and enforcement, including the Terms and Conditions of Use, shall be governed by and construed in accordance with the laws of the United States of America and the State of Florida, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary, and without the aid of any canon, custom or rule of law requiring construction against the draftsman. Any action relating to this web site's validity, interpretations, performance and enforcement, including the Terms and Conditions, must be brought in the federal or state courts located in or nearest to Columbia County, Florida, and you irrevocably consent to the jurisdiction of such courts. Our failure to enforce your strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of NYInfectionControl.com.
NYInfectionControl.com will not be responsible or liable to you for any delay or failure to perform under these Terms and Conditions if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, revolution, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of NYInfectionControl.com.
To the maximum extent allowed by law, NYInfectionControl.com shall not be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, NYInfectionControl.com's materials. Through your use of the NYInfectionControl.com web site, to the maximum extent allowed by law, you agree to indemnify NYInfectionControl.com from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the NYInfectionControl.com web site, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms and Conditions. If you are dissatisfied with any material or with any of NYInfectionControl.com's Terms and Conditions, your sole and exclusive remedy is to discontinue using the web site now.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
NYInfectionControl.com shall have the right at any time to change or discontinue any aspect of the web site's operation. In addition, they reserve the right to cancel or terminate an individual's account if there is speculation of cheating, misconduct, or similar behaviors. If there is belief that you have violated the Terms and Conditions of Use, NYInfectionControl.com has the right to deactivate or terminate your account without prior notice.
General questions or concerns about our web site and/or services can be directed to our customer team via e-mail at NYInfectionControl.com/Support.
These Terms and Conditions were last modified on April 1, 2013. At any time and without prior notice, NYInfectionControl.com shall have the right, in its sole discretion, to modify, add or remove terms of these Terms and Conditions of Use, without notifying our customers of such modifications, additions or removals, and all such changes shall be effective immediately. YOUR CONTINUED PARTICIPATION AND USE OF THIS WEB SITE AND/OR THE NYINFECTIONCONTROL.COM SERVICES FOLLOWING OUR POSTING OF ANY SUCH CHANGE ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF SUCH CHANGE. Users should review these Terms and Conditions periodically as subsequent use shall constitute acceptance of any such changes.
Entire Agreement (Independent Investigation)
These Terms and Conditions represent the complete and entire agreement between NYInfectionControl.com and you and supersede all prior and contemporaneous agreements of the parties relating to the subject matter hereof. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND UNDERSTAND AND AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS INTERNET SITE, AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THESE TERMS AND CONDITIONS.