Terms and Conditions
Introduction
Welcome to www.giftedanesthesia.com. This website is owned and operated by Gifted Anesthesia LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement').
This agreement is in effect as of October 20, 2022.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. Our Resources may be printed by the purchaser, and only by the purchaser, for the sole purpose of completing the intended educational material. No other use of our Resources is permitted nor may our Resources be shared, redistributed or used for any other purpose.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii) Contains any type of unauthorized or unsolicited advertising;
iv) Impersonates any person or entity, including any www.giftedanesthesia.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Gifted Anesthesia LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
i. You agree to indemnify and hold harmless Gifted Anesthesia LLC and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
j. All sales are final and refunds cannot be given for purchased exams. At the sole discretion of the program provider (Gifted Anesthesia LLC), a refund may be given for denial of reimbursement from a user's employer. In the case of requested refund for any other reason, a refund may be given a the sole discretion of the program provider (Gifted Anesthesia LLC) less any transaction fee (up to $100 per bundle purchased). REFUNDS ARE PROVIDED AT THE SOLE DISCRETION OF THE PROGRAM PROVIDER AND ARE NOT GUARANTEED.
k. Tests/Exams must be taken by the individual CRNA who is listed in, and responsible for, the account created in his/her own name, each with his/her unique AANA number. Obtaining answers from third parties and sharing answers with other parties is strictly forbidden.
Gifted Anesthesia LLC is not responsible for illicit behavior, as described above, as determined by any third party, in such case that those parties determine the individual may not receive credit for the exam.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Gifted Anesthesia LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
vii) “rewards" rewarded for various activities (including but not limited to purchase, completion, review of and referral to educational courses, and/or completion of surveys, and/or completion of introductory courses, and/or any other activity expressly described as rewarding gift cards or any other renumeration or encouragement upon completion) are subject to change at any time without notice.
viii) “rewards" are rebates that are earned by users. no tax documents are issued to users by Gifted Anesthesia LLC. Users of https://www.giftedanesthesia.com are expected to follow the tax advice of their tax professional and Gifted Anesthesia LLC accepts no responsibility or liability for any issues or liabilities that result for any user from the use of this website.
ix) Gifted Anesthesia LLC is not responsible for lost, stolen or damaged rewards/rebates/gift cards.
x) rewards/rebates/gift cards or any rebate of value, as issued by https://giftbit.com have an expiration date. the User of Gifted Anesthesia is expected to abide by and comply with the expiration date of any rebate issued. If a gift card is not claimed by the user by the expiration date, the user forfeits the value of that rebate. It is the users' responsibility to communicate to Gifted Anesthesia LLC via email any issues arising with rebates. Gifted Anesthesia LLC may at times defer to Giftbit.com for help with gift cards/rebates. there is no guarantee of rebates issued to the user by Gifted Anesthesia LLC or its gift card vendor, Giftbit.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Gifted Anesthesia LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on www.giftedanesthesia.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Gifted Anesthesia LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Gifted Anesthesia LLC. This excludes the articles obtained on the website which are licensed with exclusive rights by their publisher(s) and are in no way owned by Gifted Anesthesia LLC. Such articles are afforded the copyright and trademark protection(s) available to Wolters Kluwer Health or other publisher(s) under applicable law. You hereby agree to not to infringe on any such protection(s). You further agree to fully indemnify and defend Gifted Anesthesia LLC in the event that Wolters Kluwer Health seeks to recover (by way of litigation or otherwise) for your infringement of its articles.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by Gifted Anesthesia LLC. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of Florida, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought exclusively in Pasco County Superior Court. You hereby agree to personal jurisdiction by such court, and waive any jurisdictional, venue, diversity, or inconvenient forum objections to such court.
Guarantee
UNLESS OTHERWISE EXPRESSED, Gifted Anesthesia LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: