Eligibility

Services are not available to: (a) any users previously suspended or remove from Services by Public Health Media, or (b) any persons under the age of 13 (or under the legal age of consent in your country) whose registration has not been approved by a parent or legal guardian.

Acceptance

By clicking the “I Agree” button or by otherwise using or registering an account for the Services, you represent that (a) you are a US resident at least 13 years of age, or (b) you are not a US resident, and are of legal age of consent to open an account under the laws of your country of residence, or (b) your use of the Services has been approved by your parent or legal guardian. You also represent that you have not been previously suspended or removed from the Services by Public Health Media, and that your registration and your use of the Services is in compliance with any and all applicable laws.

Account

In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Public Health Media, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Public Health Media Support. You may be liable for the losses incurred by Public Health Media or others due to any unauthorized use of your Services account.

Integrated Service

Public Health Media may permit you to register for the Services through, or otherwise associate your Public Health Media account with, certain third party social networking or integrated services, such as Facebook Connect and Google (“Integrated Service”). By registering for the Services using (or otherwise granting access to) an Integrated Service, you agree that Public Health Media may access your Integrated Service’s account information, and may store and use certain information already associated with the Integrated Service consistent with our Privacy Policies, and you agree to any and all terms and conditions of the Integrated Service regarding your use of the Services via the Integrated Service. You may revoke Public Health Media's access to your account on any Integrated Service at any time by updating the appropriate account settings of the respective Integrated Service. You should check your account settings on each Integration Service to understand the information sent to us through each Integration Service, and any changes you can make in those account settings. You agree that any Integrated Service is a Reference Site as defined by this agreement and you are solely responsible for your interactions with the Integrated Service as a result of accessing the Services through the Integrated Service. Public Health Media does not control the practices of Integrated Services, and you are advised to read the privacy policy and terms and conditions of any Integrated Service that you use to understand their practices.

Child User

If you are under the age of 13 (in the United States, or under the legal age of consent in your country, then you are a "Child User"), and you may not create an account for the Services without consent and approval from your parent or legal guardian. If you are under the age of 18, (or under the legal age of majority in your country), you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. Child Users that begin the registration process without a Parent User (as defined below) may have the registration process restricted until a parent or legal guardian approves or assumes responsibility for the Child User account. A Child User will only be permitted to use the Services for so long as Public Health Media reasonably believes that such access has been consented to by the Child User’s parent or legal guardian.

Parent User

If you are at least 18 years of age and you are the parent or legal guardian of a child that seeks to register as a Child User of the Services, you may register a parent account on the Services (“Parent User”). For the purposes of these Terms, “parental consent” refers to a parent or legal guardian providing consent for their Child User. Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. If you register, approve or consent to the registration of, or otherwise assume responsibility for any child user, you represent and warrant that you are such child user’s parent or legal guardian and you agree to be bound by the terms on behalf of such child user, including without limitation being liable for all use of the website by your child user. You are responsible for educating your Child User on responsible use of the Services, including Prohibited Conduct and refraining from submitting any personally identifiable information to the Services. It is your responsibility to monitor and manage your child’s access to the Services. If you request access for your Child User, then your Child User will be considered an authorized User and you are responsible for their actions (and use of) the Services. You acknowledge that Public Health Media may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Public Health Media deems necessary to validate your registration information, or registration information associated with a Child User account, including without limitation engaging third parties to provide verification services. Public Health Media reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. Notwithstanding the foregoing, you acknowledge that Public Health Media cannot guarantee the accuracy of any information submitted by any user and Public Health Media is not obligated to verify the identity of any user, including any user’s claim to be a parent user, or to verify that a parent identified by a child user or other party during registration is such child user’s actual parent or legal guardian. A Parent User account, along with all associated Child User accounts, may be terminated by Public Health Media at any time and without warning for any failure to abide by these Terms.

International Use

Public Health Media operates the Services in the United States. If you choose to access our Services from locations outside the United States, you acknowledge and agree to Public Health Media’s collection, transmission, use, storage and processing of content and data (including your personal information) in the United States. You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. If you are under the age of 18 (or under the age of majority in the jurisdiction in which you reside), you confirm that you have received parental consent, if required in your jurisdiction, to open an account for Service and enter into these Terms, and that your parent has approved these terms on your behalf. Where parent consent is required (including but limited to use within an Institution), it must be provided by a parent or legal guardian or other person authorized to provide parent consent under the laws of your jurisdiction. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Services are appropriate or available for use in jurisdictions outside the United States. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render Public Health Media in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.

Export Compliance

You agree that you will not use, export, re-export, or re-transfer the Services except as authorized by the laws and regulations of the United States and any other applicable jurisdiction. Except as permitted by U.S. laws, the Services may not be exported, re-exported, or re-transferred to (i) any jurisdiction subject to comprehensive economic sanctions or trade embargoes enforced or administered by the United States or (ii) any person appearing on a restricted party list administered or enforced by the United States government, including, but not limited to, the United States Department of the Treasury’s List of Specially Designated Nationals and Blocked Persons and the United States Department of Commerce’s Entity List or Denied Persons List (collectively, “Restricted Parties”). By using the Services, you represent and warrant that you are not not a Restricted Party and you are not using the Services in violation of any U.S. export embargo, prohibition or restriction.

Your privacy is important to Public Health Media. Please read the Privacy Policies carefully for information relating to Public Health Media’s collection, use, and disclosure of your personal information. Among other things, our Public Health Media Privacy Policies explain how we treat your personal information and protect your privacy when you use our Services, and explain the procedures by which Users, Parent Users and School Personnel may view, update, correct, or delete their account and personal information.

Upon opening an account, you accept the Terms in the form posted on our website. Public Health Media reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made after you open your account. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Public Health Media will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after Public Health Media makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

User Content and Ownership

Services include features that allow Users to (a) post and/or publish questions, comments, notes, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Postings”) and (b) create, post, or modify computer code (including source code and object code) (“User Code”). You understand that whether or not such User Content is published, Public Health Media does not guarantee any confidentiality with respect to any User Posting and User Code submissions. Consistent with Applicable Law, as between Public Health Media and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and Public Health Media does not claim any ownership rights in or to such User Content.

You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.

License Grant to Public Health Media

By posting, submitting or distributing User Content on or through the Services, you hereby grant to Public Health Media a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to (a) host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed, to the extent consistent with applicable law and Public Health Media’s Privacy Policy). Such license is perpetual and irrevocable, except to the extent required to comply with Applicable Privacy Law relating to ownership and control of your personal information, including education records.

License Grant to Users

User Postings: By posting, submitting or distributing User Postings through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by Public Health Media on or through the Services.

User Code: By posting, submitting or distributing User Code through the Services, you hereby grant to each User of the Services a non-exclusive license to access, use, reproduce, and distribute your User Code as fully permitted under, and in accordance with the terms of, the MIT license (the “MIT License”).

Downloadable Content: The Services may permit you to download mobile applications or certain digital educational content ("Downloadable Content"). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, Public Health Media grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the Downloadable Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes. You agree not to (i) modify or create derivative works of the Downloadable Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Downloadable Content, and (iii) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.

Access to Your User Content

Public Health Media may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Services users) to view. You acknowledge and agree that, although Public Health Media may provide certain features intended to allow you to restrict some User Content you create from others, Public Health Media does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, Public Health Media will use reasonable efforts to notify you. Public Health Media hereby disclaims any and all liability with respect to any unauthorized access to any restricted user content.

User Content Disclaimer

You understand that when using the Services you will be exposed to User Content from a variety of sources, and that Public Health Media is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Public Health Media with respect thereto. Public Health Media does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Public Health Media expressly disclaims any and all liability in connection with User Content. Public Health Media retains the discretion to determine whether to publish or refrain from publishing any content submitted by the user.

All the content in this website is for educational purposes only. We do not provide any medical, legal, or other advice that requires consultation with a qualified professional. The information presented here is intended to supplement, not substitute, the expertise and judgment of healthcare professionals, legal experts, or other qualified individuals. Users should seek the advice of their respective professionals for specific information or guidance related to their individual circumstances. Any reliance on the information provided on this website is at the user's own risk. Additionally, the views and opinions expressed in any contributed content do not necessarily reflect those of Public Health Media, and we disclaim any responsibility for such content.

Feedback

We encourage and welcome your feedback on our Services and Betas. By submitting suggestions or other feedback related to our Services to us, you agree that we can (but do not have to) use and share such feedback for any purpose without compensation to you. We will honor any limits we agree to at the time we collect feedback. You may identify errors or bugs, provide suggestions on the user experience, and offer other ideas, suggestions, guidance, or other information related to our Services and Betas. We may solicit Feedback from you and your authorized Users, via surveys, interviews, observations, or other interactions. Participation in surveys and interviews is optional. You understand that you will not receive any compensation for your feedback or suggestions. You grant us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate your feedback into our Services or to develop new features and services.

It is Public Health Media’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Public Health Media will promptly terminate without notice your access to the Services if you are determined by Public Health Media to be a “repeat infringer.” A repeat infringer is a User who has been notified by Public Health Media of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Services more than twice.

Proprietary Materials

Services are owned and operated by Public Health Media. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the “Services Materials”) are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in “Proprietary Materials & Licenses”, all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to Public Health Media, and Public Health Media reserves all rights therein and thereto not expressly granted by these Terms.

Licensed Educational Content

Public Health Media may make available on the Services certain educational videos, exercises, and related supplementary materials that are owned by Public Health Media or its third-party licensors (the “Licensed Educational Content”). Public Health Media grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Services by Public Health Media solely for your personal, non-commercial purposes. Unless expressly indicated on the Services that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.

Alternate Licenses: In certain cases, Public Health Media or its licensors may make available Licensed Educational Content under alternate license terms, such as a variant of the Creative Commons License (as defined below) (each, an “Alternate License”). Where expressly indicated as such on the Services, and subject to the terms and conditions of these Terms, the applicable Licensed Educational Content is licensed to you under the terms of the Alternate License. By using, downloading, or otherwise accessing such Licensed Educational Content, you agree to comply fully with all the terms and conditions of such Alternate License.

Creative Commons License: Unless expressly otherwise identified on the Services with respect to a particular item of Licensed Educational Content, any reference to the “Creative Commons”, “CC” or similarly-phrased license shall be deemed to be a reference to the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License (the “Creative Commons License”).

Licensed Educational Code

Public Health Media may make available, or allow Users to create and make available, on or through the Services certain educational, user-readable source code in connection with the “Computer Science” modules or exercises available on the Services (the “Licensed Educational Code”). Unless otherwise indicated, all Licensed Educational Code is the property of Public Health Media or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to you under the terms of the MIT License. By downloading or otherwise accessing such Licensed Educational Code, you agree to comply with all the terms of the MIT License.

Non-Commercial Use

The Licensed Educational Content and Licensed Educational Code are intended for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the terms of any Alternate License for such Licensed Educational Content, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by Public Health Media.

Impermissible Uses: Without limiting the generality of the foregoing, the following are types of uses that Public Health Media expressly defines as falling outside of “non-commercial” use:

• the sale or rental of (1) any part of the Licensed Educational Content, (2) any derivative works based at least in part on the Licensed Educational Content, or (3) any collective work that includes any part of the Licensed Educational Content;

• providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and

• the sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material, including without limitation any “pop-up advertisements”.

Use Characterization: Whether a particular use of the Licensed Educational Content is “non-commercial” depends on the use, not the user. Thus, a use of the Licensed Educational Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is “non-commercial,” even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not “non-commercial,” even if this use is by a non-profit entity. As an example, a for-profit corporation’s use of the Licensed Educational Content for internal professional development or training of employees is permitted, so long as the corporation charges no fees, directly or indirectly, for such use. Conversely, as another example, a non-profit entity’s use of the Licensed Educational Content in connection with an fee-based training or educational program is NOT “non-commercial” and is not permitted.

Fair Use

Under the fair use doctrine of the U.S. copyright statute, there are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. Public Health Media meets the following criteria for use: (1) the purpose and character of the use is for non-profit educational purposes,; (2) the copyrighted work is embedded and linked to the original post; (3) the copyrighted work is used for teaching and scholarship; and (4) any copyrighted work herein is used for non-commercial purposes.

Crediting Public Health Media

If you distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content or any derivative works thereof, you must also provide the following notice prominently along with such Licensed Educational Content or derivative work thereof: “All Public Health Media content is available at www.phmlearning.org” and adhere to the Public Health Media brand guidelines.

When using our Services, please avoid doing the following:

1. Making Money: Don't use our Services to make money unless we say you can in writing. They're meant for personal, non-commercial use, with some exceptions mentioned in the Terms.

2. Harmful Content: No posting of content that's harmful, offensive, or breaks our guidelines. Be nice!

3. Illegal or Offensive Stuff: Stay away from anything illegal, offensive, or inappropriate. This includes hate speech, violence, and spreading malware.

4. Minors: Don't use the Services in a way that's harmful to minors or goes against our guidelines.

5. Fake Identities: No pretending to be someone else or messing with others' accounts.

6. Fraud: Please don't engage in any fraudulent activity or educational dishonesty.

7. Automated Scraping: Don't use bots or other tools to copy lessons or data from our Services without permission.

8. Copyrights: Don't mess with copyright notices or claim our content as yours.

9. Intellectual Property Claims: Avoid making false claims about our content or our licensors' intellectual property.

10. Unwanted Communication: Don't spam other users or send unsolicited offers. Keep it friendly!

11. Illegal Activities: Stay on the right side of the law. No illegal activities, please.

12. Harassment: Don't harass or collect personal info without consent. Just be respectful.

13. Security Testing: Please don't try to mess with our security features.

14. Reverse Engineering: Don't try to figure out our source code or modify our Services without permission.

15. Interference: Lastly, don't intentionally mess with the Services or other users' experience. Let's keep it smooth and enjoyable!

Services may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Public Health Media does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Access and use of reference sites, including the information, materials, products, and services on or available through reference sites, is solely at your own risk.

Term

These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.

Termination by Public Health Media

Public Health Media, in its sole discretion, for any or no reason, and without penalty, may: (a) restrict, suspend or terminate: (i) any account (or any part thereof) you may have with Public Health Media or (ii) your use of the Services, and (b) remove and discard all or any part of your account, User profile, and User Content, at any time. Public Health Media may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that Public Health Media will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Public Health Media may have at law or in equity. As discussed herein, Public Health Media does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.

Termination by You

Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms, (iii) Guidelines, (iv) any policy or practice of Public Health Media in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your account. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services.

Responsibility for Pre-Termination Activity

Termination of the Terms as to any User account will not limit Public Health Media’s rights and remedies regarding any breach of these Terms occurring prior to such termination.

Your Promises & Assurances

Here's what you promise and agree to when using our Services:

1. Respecting Rights: Don't use the Services in a way that takes away someone else's rights or breaks any laws.

2. Legal & Proper Use: Follow the rules and laws – local, national, and international – when using our Services.

3. Positive Interaction: Keep it friendly and avoid harmful, fraudulent, or offensive behavior.

4. Account Security: Take care of your account and keep it secure. Don't share your password or submit content that could harm the Services.

5. Content Ownership: Confirm that you have the right to share any content you provide, and you grant us the necessary rights as per these Terms.

6. Legal Compliance: Stick to the law when using our Services.

7. School Responsibilities: If you're a school staff member, make sure you handle any required notices and consents for students using the Services, following laws like FERPA and COPPA in the U.S.

No Warranties

When you use our Offerings, remember they come "as is" and "with all faults." We don't make any promises about perfection. To the extent the law allows, we disclaim all kinds of warranties, whether implied or express. Any info or advice you get from us won't create additional warranties.

Content

We can't guarantee the website will be error-free, virus-free, or uninterrupted for you. We don't assure that everything will be correct. Sometimes, new features might be experimental, so we haven't tested them thoroughly.

Betas: “As Is” No Guarantees & No Representation or Warranties

If you join a Beta, know it's like a trial run. They might have bugs or limited features. We're not committed to keeping Betas or providing support. Participation is for testing and improving, and we can change or remove Betas anytime. If you join a Beta, you need to meet certain criteria.

Harm to Your Computer

You understand and agree that your use, access, download, obtaining of content, website materials, software, or data through the website (including through any API’s) is at your own discretion and risk. You will be solely responsible for any damage to your property, including your computer system, or the resultant loss of data.

Limitations by Applicable Law

Some states or other jurisdictions do not allow the exclusion of implied warranties. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Limitation of Liability

We're not responsible for certain types of damages, like special, indirect, or incidental ones, even if we've been warned about the possibility. This includes issues related to the Terms, your use of the website or our Offerings, and any interactions you have with us or other users. If the law doesn't allow us to limit liability for certain damages, our liability will be limited as much as it can be.

Limitation of Damages

If something goes wrong, our total liability to you won't exceed what you've paid us (if anything) in the twelve months before the issue or one hundred dollars ($100), whichever is more.

Basis of the Bargain

Our service and these terms are based on a fair balance of risk between you and us. You acknowledge and agree that Public Health Media has offered the website and entered into the terms. You and us rely upon the disclaimers and the limitations of liability set forth herein. The disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Public Health Media. The disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Public Health Media. Public Health Media would not be able to provide the website to you on an economically reasonable basis without these limitations.

User Interactions and Release

User Disputes: We're not responsible for what other users do. You're in charge of your interactions with other users, and it's up to you to look into things before engaging with anyone online or offline. While we can step in, we're not obligated to mediate in disputes.

Release: If you have a problem with other users, you let us and our team off the hook for any kind of claims or damages, known or unknown, linked to those disputes. This includes things like loss of profits, goodwill, use, privacy, or data. If you're in California, you waive rights under California Civil Code §1542. If you're not in California, you waive similar rights under other applicable laws, as much as the law allows.

Notice

Public Health Media will reach out to you through email, regular mail, postings on the Services, or other reasonable methods to give you notices, like changes to the Terms. Notices are considered delivered 24 hours after an email is sent, unless your email is invalid. If we send a legal notice by mail, it's deemed delivered three days after mailing. Notices on the Services are seen 30 days after the initial posting. Send any notices to Public Health Media by email.

Waiver

If we don't act on a right or provision in the Terms, it doesn't mean we're waiving that right or provision. We only waive something if it's in writing and signed by Public Health Media.

Governing Law

The Terms will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.

Dispute Resolution and Arbitration

Please read this section carefully because it affects your rights.By agreeing to binding arbitration, you're giving up the right to go to court. Disputes will be resolved through arbitration, and you won't have a judge or jury. Here's how:

Generally: In order to expedite and control the cost of disputes, Public Health Media and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or these Terms (“Dispute”) will be resolved as follows to the fullest extent permitted by law.

Notice of Dispute: If there's a dispute, both parties need to share a written statement with details and a proposed solution. You must send any Notice of Dispute by email to Public Health Media. Public Health Media will send any Notice of Dispute to you by first class U.S. Mail to your address if Public Health Media has it, or otherwise to your email address. You and Public Health Media will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Public Health Media may commence arbitration.

Binding Arbitration: Any Dispute not resolved by negotiation as provided herein within sixty (60) days or such time period as you and Public Health Media may otherwise agree, shall be finally resolved by binding arbitration as described in “Dispute Resolution and Arbitration”. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be Spokane, Washington. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Class Action Waiver: Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Public Health Media will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You may file a Dispute only on your own behalf and cannot seek relief that would affect other Users. If there is a final judicial determination that any particular Dispute cannot be arbitrated in accordance with the limitations of ”Dispute Resolution and Arbitration”, then only that Dispute may be severed and brought in court. All other Disputes remain subject to “Dispute Resolution and Arbitration”.

Arbitration Procedures: During arbitration, JAMS rules apply under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You can ask for a phone or in-person hearing as per JAMS Rules. If the dispute involves $10,000 or less, it will likely be a phone hearing, unless the arbitrator sees a good reason for an in-person one. If JAMS is not an option, we'll choose an alternative dispute resolution service together, applying JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim.

Arbitration Fees: The one filing the arbitration pays the initial fee. Each party bears its expenses of that party’s attorneys, including experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

Filing Period: To the extent permitted by law, any Dispute under these Terms must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the events giving rise to the Dispute first occur. If a Dispute is not filed within one year, it is permanently barred.

Venue: In the event that any Dispute cannot be resolved by binding arbitration in accordance with “Dispute Resolution & Arbitration”, you agree that such Dispute will be filed only in the state or federal courts in and for Spokane, Washington, and each of you and Public Health Media hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, Public Health Media shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.

Severability

If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment

The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Public Health Media’s prior written consent, but may be assigned by Public Health Media without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

Survival

Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

The Terms, the Privacy Policy and Guidelines constitute the entire agreement between you and Public Health Media relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by Public Health Media as set forth above.

Disclosures

The Services are hosted in the United States, and the services provided hereunder are offered by Public Health Media.