(Effective Oct 1, 2016)
By accessing the website www.MyFDAAcademy.com ("the Site") or by otherwise accessing any content found on the Site you are entering into an agreement with Makromed, Inc. (“Makromed”) and agree to the terms that follow (the "Terms"). The Site is owned and operated by Makromed, Inc.
The contents and design of the Site, and any material supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "MyFDAAcademy Content"), is the copyright of Makromed, Inc. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "MyFDAAcademy", "Makromed" name and logo or other trade names appearing on the Site) for any reason without written permission from Makromed. The software platform used for our courses is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, or modify the software.
Use of MyFDAAcademy Content
All MyFDAAcademy Content is strictly for personal, non-commercial use only. You may retrieve and display MyFDAAcademy Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. Except as expressly permitted in these Terms, you may not reproduce, modify or in any way commercially exploit any MyFDAAcademy Content, and you may not remove the copyright or trade mark notice from any copies of MyFDAAcademy Content made available under these Terms. Any use of MyFDAAcademy Content not specifically permitted in these Terms is expressly prohibited. Requests for permission for other uses may be sent to info@MyFDAAcademy.com and may be subject to a fee.
Registration, Passwords, and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential. Certain areas or features of the Site are only open to registered users. You are solely responsible for the confidentiality and use of and access to MyFDAAcademy Content and the Site using your user name and/or password. You agree to immediately notify Makromed if you become aware of the loss, theft or unauthorized use of any password, user ID or e-mail address or of any MyFDAAcademy Content. You will provide Makromed with accurate, complete registration information and inform Makromed of any changes to such information. For the purpose of confirming your compliance with these Terms, Makromed reserves the right to monitor and record activity on the Site including access to MyFDAAcademy Content. Each registration and order is for the personal use of the registered User or Instructor only. You may not share your log-in details or password with any other person. You may not share or transfer your orders. Makromed does not allow multiple users (networked or otherwise) to access the Site through a single name and password and may cancel or suspend your access to the Site if you do this, or breach any of these Terms without further obligation to you.
Course Orders and Cancellation
Makromed offers different types of courses including access to MyFDAAcademy Content and teaching materials on the Site ("Courses"). By submitting your payment and other order details, you are making an offer to us to buy a Course. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you with access to the Course. You will receive written confirmation by email by way of a receipt when your Course order offer has been accepted. A Course may be obsoleted or replaced after a period of time and no longer be available. Any information about Course expiration will be specified on the relevant Course description page.
Unless specifically stated in any additional terms and conditions that apply to any Course or MyFDAAcademy Content, you will only have the right to cancel your Course order if:
- you do so within the first 14 days of placing your order, and
- you have not accessed more than 50% of the course, as measured by the number of slides visited
If you have a right to cancel as set out above, and you exercise that right, then unless the terms of any Course offer or promotion state otherwise, we will reimburse all payments received from you as soon as reasonably practicable. Any reimbursement will be settled as described in the "Fees and Payments" section below.
You may notify us of your wish to cancel your Course order by contacting us at info@MyFDAAcademy.com. You must send this email from the email address associated with your registration at the Site. Please specify the Course you wish to cancel, the date of your order, and the reason for cancellation.
Fees and Payments
You are responsible for any fees that are payable, unless your access to the Site and Courses is governed by a contract between Makromed and your employer. The price to be paid for your Course will be made clear to you on the Course order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your Course order. Eligibility for any discounts, if applicable, is ascertained at the time you make your order and cannot be changed during the term of your Course order. If you have been given any, you will be able to use Site approved coupons to purchase any Course or MyFDAAcademy Content. However you may only use one coupon per Course order and you must not allow anyone other than you to use such coupons. Coupons are granted by Makromed via the Site or through your employer. Only those coupons that have been validly granted may be used in accordance with these Terms.
All payments (including any applicable taxes) must be made in advance in US Dollars or other currency specified by Makromed. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site using your ID.
When you purchase a Course or access to any other MyFDAAcademy Content, you must provide us with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your Course(s) and/or MyFDAAcademy Content and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
If your use of the Site, or any Course order you have made is terminated by Makromed, then unless such use or Course order is terminated because you are in breach of these Terms (which will be determined solely by Makromed) you will be entitled to either receive a credit to your User account of an amount equal to the price of the Course that you paid, which you may use to purchase other MyFDAAcademy Content, or you may receive a refund of any credits or pre-payments which remain unused at the time of termination. The choice of refund or credit is solely Makromed’s in its discretion. Termination by Makromed may occur for a number of reasons including in circumstances where Makromed is required to take down any Course or MyFDAAcademy Content as a result of successful legal action made by a third party. By purchasing any Course or MyFDAAcademy Content, you agree that such a credit or refund as set out above will be your only remedy in relation to these Terms. You will continue to be responsible for any other fees or other charges you have incurred prior to such termination.
If you are entitled to a refund or credit under these Terms, credits will be made in the form of coupons that you may use at the Site for future orders, and refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired in which case we will contact you.
You are responsible for all content you post. The Site may include comments capability, bulletin boards, discussion groups, and other public areas or features that allow feedback to Makromed and interaction between users and Makromed representatives ("Forums"). While Makromed does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move, or edit the Messages and to terminate your access to and use of the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless Makromed from all claims, costs, and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.
Makromed has no control over individuals posting Messages on any Forum. Makromed cannot guarantee the accuracy, integrity, or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue, or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
By submitting a Message to a Forum you are granting Makromed a perpetual, irrevocable, royalty free non-exclusive license to reproduce, modify, translate, make available, distribute, and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. Makromed reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for Makromed to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify Makromed immediately by contacting info@MyFDAAcademy.com.
Changes to the Site
Makromed reserves the right, in its discretion and at any time, to suspend, change, modify, add, or remove portions of MyFDAAcademy Content available on the Site at any time and to restrict the use and accessibility of the Site.
Liability and Indemnity
All MyFDAAcademy Content and services are provided 'as is'. You indemnify us for breaches of these Terms. Although we endeavor to ensure the high quality and accuracy of the Site, Makromed makes no warranty, express or implied, concerning MyFDAAcademy Content, the Site or any software that are made available through the Site (the "Services"), which are provided "as is". Makromed expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Makromed be liable for indirect, special, incidental, and/or consequential damages that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if Makromed has been advised of the possibility that such damages may arise. Makromed does not guarantee the accuracy, content, or timeliness of the MyFDAAcademy Content.
In no event will any liability of Makromed to you (and/or any third party) that may arise out of any kind of legal claim in any way connected with the Services or in breach of these Terms by Makromed exceed the amount, if any, paid by you to Makromed for the particular Course or MyFDAAcademy Content to which the claim relates.
Upon Makromed's request, you agree to defend, indemnify, and hold harmless Makromed from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any MyFDAAcademy Content or the Site.
Makromed will not be held responsible for circumstances beyond its control. Makromed, its affiliates, and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the MyFDAAcademy Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Changes to these Terms
Makromed may, at its discretion, change these Terms (including those that relate to your use of the Site and/or MyFDAAcademy Content). Whenever the Terms are changed, Makromed will publish the revised terms on the Site. If you use the Site after Makromed has published the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published.