Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using CarePath LMS, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our platform. We reserve the right to modify these Terms at any time, and your continued use of the platform after such modifications constitutes your acceptance of the revised Terms.

2. Description of Service

CarePath LMS is an online continuing education platform designed for healthcare professionals. Our services include, but are not limited to, providing access to educational courses, tracking course progress and completion, issuing certificates of completion, facilitating continuing education (CE) credit reporting, enabling communication between learners and instructors, and maintaining records of professional development activities. The availability of specific features may vary and is subject to change.

3. User Accounts

To access most features of CarePath LMS, you must create an account. By creating an account, you agree to the following:

• Accurate information: You must provide accurate, current, and complete information during registration and keep your account information up to date. Inaccurate professional credentials may result in invalid CE certificates
• One account per person: Each account is for a single individual. You may not create multiple accounts or share your account with others
• Account security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or use of your account
• Age requirement: You must be at least 18 years of age to create an account and use our services
• Professional capacity: By using CarePath LMS, you represent that you are a healthcare professional or are pursuing healthcare education in a professional capacity

4. Course Enrollment and Access

Course enrollment and access are subject to the following terms:

• Personal, non-transferable access: Enrollment in a course grants you a personal, non-transferable, non-exclusive license to access and view the course content for your own educational purposes
• Access periods: Access periods vary by course and are specified at the time of enrollment. Some courses may offer lifetime access, while others may have time-limited access windows
• Completion tracking: Your course progress, including lesson completions, assessment scores, and time spent, is tracked automatically to determine eligibility for certificates and CE credits
• Course availability: We reserve the right to modify, update, or discontinue courses at any time. If a course you are actively enrolled in is discontinued, we will make reasonable efforts to allow you to complete it or provide an appropriate alternative
• Prerequisites: Some courses may have prerequisites or require specific professional credentials. You are responsible for ensuring you meet enrollment requirements

5. Certificates and Continuing Education Credits

Certificates and CE credits are subject to the following terms:

• Issuance: Certificates of completion are issued upon successful completion of all course requirements, including assessments, minimum participation time, and any other criteria specified by the course
• Accreditation body requirements: CE credit issuance is subject to the requirements and approval of relevant accrediting bodies. CarePath facilitates the reporting process but credit acceptance is ultimately determined by the accrediting organization
• No guarantee of universal acceptance: CarePath does not guarantee that CE credits earned through our platform will be accepted by all state licensing boards, employers, or credentialing organizations. Acceptance policies vary by jurisdiction and institution
• User responsibility: You are solely responsible for verifying that courses meet your specific CE requirements, including the type of credits needed, approved subject areas, and credit hours required by your licensing board or employer
• Record keeping: We maintain records of your course completions and certificates in accordance with accreditation requirements. You are encouraged to download and retain copies of your certificates for your personal records

6. Payment and Refunds

The following terms apply to purchases made on CarePath LMS:

• Pricing: Course prices are displayed at the time of enrollment and are listed in U.S. dollars unless otherwise specified. We reserve the right to change prices at any time, but price changes will not affect courses you have already purchased
• Payment processing: Payments are processed securely through third-party payment processors. By making a purchase, you agree to the payment processor's terms of service
• Refund policy: You may request a full refund within 14 days of purchase, provided you have completed less than 25% of the course content. Refund requests can be submitted by contacting us at support@carepath.co
• No refund after completion: No refunds will be issued after you have completed a course or received a certificate of completion, regardless of the time elapsed since purchase
• Enterprise and organizational billing: Organizations enrolled under enterprise agreements are subject to the payment terms specified in their individual agreements
• Taxes: Prices may not include applicable taxes. You are responsible for any taxes that may apply to your purchases based on your jurisdiction

7. Intellectual Property

All intellectual property rights related to CarePath LMS are subject to the following:

• Platform ownership: The CarePath LMS platform, including its design, features, code, logos, trademarks, and branding, is the property of CarePath and is protected by intellectual property laws
• Course content ownership: Course content, including text, images, videos, audio, assessments, and supplementary materials, is owned by CarePath or the respective course instructors and is protected by copyright law
• Prohibited activities: You may not copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit any course content or platform materials without prior written consent. Screen recording, downloading (except where explicitly permitted), and redistribution of course content is strictly prohibited
• Limited personal use license: Your enrollment grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and view course content solely for your own educational and professional development purposes
• User-generated content: By posting content in discussions, forums, or other interactive features, you grant CarePath a non-exclusive, royalty-free, worldwide license to use, display, and distribute that content within the platform

8. User Conduct

You agree to use CarePath LMS in a professional and responsible manner. The following conduct is prohibited:

• Account sharing: Sharing your login credentials or allowing others to access your account
• Academic dishonesty: Cheating on assessments, using unauthorized aids, submitting another person's work as your own, or any other form of academic misconduct
• Harassment: Engaging in harassment, bullying, hate speech, discrimination, or any abusive behavior in discussions, messages, or other platform communications
• Automated access: Using bots, scrapers, crawlers, or other automated tools to access, extract, or interact with the platform without our express written permission
• Misrepresentation: Providing false professional credentials, misrepresenting your identity, or impersonating another person
• Interference: Attempting to interfere with, disrupt, or compromise the integrity, security, or performance of the platform
• Illegal activity: Using the platform for any unlawful purpose or in violation of any applicable laws or regulations

Violations of these conduct standards may result in warnings, suspension, or permanent termination of your account at our sole discretion.

9. Instructor Terms

If you create or publish courses on CarePath LMS as an instructor, the following additional terms apply:

• Content ownership: You retain ownership of the original content you create and upload to the platform
• License to CarePath: By publishing a course on CarePath LMS, you grant us a non-exclusive, worldwide, royalty-bearing license to host, distribute, display, and promote your course content through our platform and marketing channels for the duration of the course's availability
• Content accuracy: You are solely responsible for the accuracy, completeness, and quality of your course content. Course materials must comply with current professional standards and applicable regulations
• Accreditation compliance: If your course offers CE credits, you are responsible for ensuring the content meets the requirements of the relevant accrediting bodies
• Revenue sharing: Instructor compensation is governed by the separate instructor agreement executed between you and CarePath

10. Limitation of Liability

To the fullest extent permitted by applicable law:

• "As is" provision: CarePath LMS is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement
• No guarantee of outcomes: We do not guarantee any specific career, licensing, or professional outcomes resulting from your use of the platform or completion of courses
• Limitation on damages: In no event shall CarePath, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the platform
• Maximum liability: Our total aggregate liability to you for any claims arising from or related to these Terms or your use of the platform shall not exceed the total fees you have paid to CarePath in the 12 months immediately preceding the event giving rise to the claim
• Clinical decisions: Course content is for educational purposes only and should not be used as a substitute for professional clinical judgment. CarePath is not liable for any clinical decisions made based on course content

11. Indemnification

You agree to indemnify, defend, and hold harmless CarePath, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the platform; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; (d) any content you submit or post on the platform; or (e) your misrepresentation of professional credentials or qualifications.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms or your use of CarePath LMS shall be resolved as follows:

• Informal resolution: Before initiating any formal proceedings, you agree to contact us at support@carepath.co to attempt to resolve the dispute informally within 30 days
• Binding arbitration: If informal resolution is unsuccessful, any dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in New York, New York, or at another mutually agreed location
• Class action waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration
• Governing law: These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions
• Exceptions: Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights

13. Termination

Account termination may occur under the following circumstances:

• Termination by CarePath: We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine violates these Terms, is harmful to other users or the platform, or is otherwise objectionable
• Termination by you: You may close your account at any time by contacting us at support@carepath.co or through your account settings. Account closure does not entitle you to a refund for any previously purchased courses
• Preservation of CE records: Upon account termination, we will retain your CE credit and completion records as required by applicable accreditation and regulatory requirements, even after all other personal data has been deleted
• Effect of termination: Upon termination, your right to access the platform and any enrolled courses will cease immediately. Sections of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and dispute resolution) will remain in effect

14. General Provisions

• Entire agreement: These Terms, together with our Privacy Policy and any applicable instructor agreements, constitute the entire agreement between you and CarePath regarding the use of the platform
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect
• Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or the right to enforce it at a later time
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction
• Force majeure: CarePath shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, or internet service disruptions

15. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at: