Terms of Use

Acceptance. Use of the “Prevention Learning Portal” application (“Application”) is subject to the terms of use herein (“Terms Of Use”). By using the Application, the person or entity making use of the Application (“You”) hereby agrees to the Terms Of Use.

Restrictions on Use. The Prevention Research Center (“PRC”) provides the Application as a resource to the community. You are granted a limited, non-transferable, non-exclusive license to use the Application solely for internal educational purposes, and You may access the Application in its hosted environment or download a copy of the Application solely for this purpose. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works of the Application, nor otherwise make copies of the Application. You may not reverse engineer, disassemble, or otherwise attempt to analyze the coding of the Application.

Retention of Rights; No Other License. All right, title, and ownership in and to the Application and any derivatives thereof is retained by PRC. Other than the limited license provided herein, no other license, nor any right, title, or interest of any nature whatsoever in or to the Application is granted, whether express, or by implication, estoppel, reliance, or otherwise.

Privacy. The Pennsylvania State University (“Penn State”) may collect the following information from You through Your use of the Application: Name, username, e-mail address, demographic information, work/job information, credentialing requirements, course enrollment and completion data, and feedback survey data. Penn State may use such information for the following purposes: The data will be used for evaluation of our course offerings, in the form of continuous quality improvement as to be able to provide the best possible courses to all users. Penn State use of such information is subject to the following privacy policy https://med.psu.edu/privacy.

Other Policy. Use of the Application is subject to the following policies on accessibility (https://med.psu.edu/accessibility) and non-discrimination (https://med.psu.edu/non-discrimination).

Compliance with Law. You agree to use the Application in compliance with all applicable laws and regulations.

Other Disclaimer. THE APPLICATION IS PROVIDED “AS IS”. THE PRC CENTER MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIM ANY REPRESENTATION AND WARRANTY, INCLUDING WITH RESPECT TO ANY MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UTILITY, ACCURACY OF CONTENT, OPERABILITY, ABSENCE OF DEFECTS, COMPATABILITY, ANY OBLIGATION TO PROVIDE UPDATES OR TECHNICAL SUPPORT, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.

Liability and Indemnification. The PRC, and their respective trustees, directors, officers, employees, and affiliates are not liable for, and You assume all liability for, and damages, liabilities, judgments, costs, fees (including attorney’s fees), and other losses which may arise or be related to Your use of the Application. You agree to indemnify, defend, and hold harmless The PRC, and their respective trustees, directors, officers, employees, and affiliates from and damages, liabilities, judgments, costs, fees (including attorney’s fees), and other losses which may arise or be related to Your use of the Application. IN NO EVENT SHALL PRC, AND THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

Third Party Sites. LINKS PROVIDED IN THE APPLICATION MAY DIRECT YOU TO WEBSITES CONTROLLED BY THIRD PARTIES (“LINKED SITES”). LINKED SITES ARE NOT UNDER THE CONTROL OF PRC ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. LINKS ARE PROVIDED TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK TO A LINKED SITE DOES NOT IMPLY ENDORSEMENT BY PRC.

No Use of Name. You shall not use the names, trademarks, service marks, logos, or images (including any adaptation of the foregoing) of PRC, or any of their employees, in any advertising, promotion, publicity, or sales literature without prior written consent.

Third Party Beneficiaries. The Prevention Research Center is a third party beneficiaries of these Terms Of Use.

Entire Agreement; Modification. These Terms Of Use constitute the entire understanding and agreement pertaining to use of the Application, and supersedes any and all prior communications, representations, agreements, or undertakings, whether oral, written, or otherwise . PRC may change these Terms Of Use at any time without prior notice to You.

Termination. PRC may terminate the license granted to the Application under these Terms Of Use at its sole discretion at any time, without prior notice to You. In such event, You must cease any further use of the Application, and destroy any downloaded copy.

Severability. If, for any reason, any part of these Terms Of Use are adjudicated invalid, unenforceable, or illegal by a court of competent jurisdiction, such adjudication shall not affect or impair, in whole or in part, the validity, enforceability, or legality of any remaining portions of these Terms Of Use. All remaining portions shall remain in full force and effect as if the original Terms Of Use had been executed without the invalidated, unenforceable, or illegal part.

No Waiver. Any failure to insist upon strict performance of any provision of these Terms of Use or to exercise any right arising out of Terms Of Use shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by the parties hereto. 

Equitable Relief. You acknowledge that the remedies at law for a breach or threatened breach of these Terms Of Use would be inadequate and, in recognition of this fact PRC, in addition to all other remedies that may be available, shall be entitled to seek equitable relief in the form of a temporary restraining order, a temporary or permanent injunction, or any other equitable remedy in a court of competent jurisdiction that may then be available to preserve the status quo and prevent irreparable harm. 

Governance. These Terms Of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania. Any claims or controversies arising under these Terms Of Use shall be adjudicated in the Court of Common Pleas for Centre County, Pennsylvania or the United States District Court for the Middle District of Pennsylvania.