Last updated: January 2023

PLEASE TAKE A MOMENT TO SCROLL DOWN AND READ THESE SUBSCRIBER TERMS OF SERVICE.

These Subscriber Terms of Service govern your use of Services (as defined below) made available to you by Kaplan North America, LLC (“KNA,” “we,” “us,” or “ours”) via https://atpointofcare.com and https://projectsinknowledge.com (the “Site(s)”) on condition that you accept these Subscriber Terms of Service, and the Privacy Policy and Terms of Use posted on the Sites (collectively, the “Agreement”). “Subscriber,” “You” or “Your” refers to the person accessing or using the Services. BY USING THIS SITE, CLICKING THE “I ACCEPT” BUTTON OR COMPLETING THE REGISTRATION PROCESS (IF APPLICABLE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE AGREEMENT AND YOU CERTIFY THAT YOU ARE (I) AT LEAST 18 YEARS OLD OR OLDER, (II) A SUBSCRIBER, OR A PRINCIPAL, PARTNER, OFFICER, OR OTHER AUTHORIZED REPRESENTATIVE OF THE SUBSCRIBING ORGANIZATION FULLY AUTHORIZED TO BIND SUBSCRIBER TO CONTRACTUAL OBLIGATIONS, (III) AUTHORIZED TO PROVIDE PERSONAL DATA REGARDING SUBSCRIBER DURING REGISTRATION AND IN CONNECTION WITH THE SERVICES, (IV) AUTHORIZED TO GRANT OR DENY ACCESS BY THIRD PARTIES TO THE SUBSCRIBER DATABASE OF SUBSCRIBER, AND (V) THAT ALL INFORMATION AND DOCUMENTATION SUBMITTED IN CONNECTION WITH THE SERVICES IS COMPLETE AND CORRECT IN ALL RESPECTS. KAPLAN NORTH AMERICA, LLC IS HEREBY AUTHORIZED TO USE SUCH INFORMATION AS REASONABLY NECESSARY DURING THE COURSE OF PROVIDING THE SERVICES CONTEMPLATED HEREUNDER, AND TO SHARE SUCH INFORMATION WITH ITS AFFILIATES OR AS OTHERWISE ALLOWED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE, THE CONTENT OR THE SERVICES. Unless otherwise stated herein, all defined terms shall have the meaning set forth in the Terms of Use and Privacy Policy.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. The Site, the Content and the Services are provided for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site, the Content and the Services. If you think you may have a medical emergency, call your doctor or 911 immediately. KNA does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site, the Content and the Services. Reliance on the Site, the Content and the Services is solely at your own risk.

United States Use Only. This Site is intended to be used only by residents of the United States. Anyone who accesses the Site from outside the United States does so at their own initiative and risk and is responsible for compliance with all applicable laws.

Registration. Users are not required to register as Subscribers to browse in public areas (“Public Areas”) of the Site. In order to access Subscriber-only portions of the Site and/or use the Service, registration is required. During the registration process, you will provide us your email address (“E-mail Address”) and create a password (“Password”) for your account. Each E-mail Address and corresponding Password can only be used by one Subscriber. You are solely responsible for the confidentiality and use of your E-mail Address and Password, as well as for any use, misuse or communications entered through the Site using one or more of them. You will promptly inform KNA of any need to deactivate an E-mail Address or a Password. KNA reserves the right to delete or change your E-mail Address or Password at any time and for any reason.

You are using the Service at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs

Services. KNA will provide Subscriber with access to the Service through the Site in accordance with the terms and conditions of this Agreement. KNA will be responsible for hosting the Site, and Subscriber will be responsible for obtaining Internet connections and other third-party software and services necessary to access the Site. Subscribers will have the right to (i) create individual accounts on the Site (each, a “Subscriber Database”) for the Subscriber, (ii) provide Personal Data to their own Subscriber Database(s), (iii) use and modify Personal Data in their own Subscriber Database(s), and (iv) authorize certain third parties to provide, access, use and modify the Personal Data in their own Subscriber Databases. Such third parties may include healthcare providers.

KNA Reservation of Rights. KNA is under no obligation to accept any individual as a Subscriber to the Service, and may accept or reject any applicant in its sole and complete discretion.

Aggregated and De-identified Personal Data. We may aggregate and analyze your Personal Data in aggregate form, which does not identify you personally. We may share this aggregated and de-identified Personal Data with third parties for commercial purposes. If, at some point in time, the Services and/or KNA becomes subject to the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereunder (collectively, “HIPAA”), we will comply with HIPAA and ensure that each of our third-party providers are also bound by HIPAA.

Subscriber Database. Upon the earlier of the termination of this Agreement or a Subscriber's written request, KNA will remove the applicable Subscriber Database from the Site and from there the Subscriber's Personal Data shall no longer be available via the Site.

Fees. From time to time, KNA may charge fees in connection with the Site and various Services provided through the Site. You will receive notice prior to implementation of any such fees. No fees will be charged without an agreement with you. Please note that certain Services will not be available to you if you choose to not pay the fees associated with such Services.

License Grant. KNA grants Subscriber during the subscription term a non-exclusive, non-transferable, non-sublicensable license to access and use the Site, the Content, and the Services. Subscriber will not (and will not permit any third-party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Site, the Content, the Services or any Subscriber Database; (ii) copy, modify, adapt or translate the Site, the Content, the Services or any Subscriber Database, or otherwise make any use, resell, distribute or sublicense the Site, the Content, the Services or any Subscriber Database except in connection with this Agreement; (iii) disclose and/or make the Site, the Content, the Services or any Subscriber Database available on a “service bureau” basis; (iv) remove or modify any proprietary marking or restrictive legends placed on the Site, the Content, the Services or any Subscriber Database; or (v) use the Site, the Content, the Services or any Subscriber Database in violation of any applicable law or regulation.

Subscriber retains all copyrights and other intellectual property rights in and to any Personal Data and other information Subscriber submits into Subscriber's own Subscriber Database. Subscriber hereby grants us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, distribute, publish the data in Subscriber's own Subscriber Database and associated works, along with the right to excerpt, analyze, index, and create derivative works from the data in Subscriber Database as reasonably necessary for us to provide Subscriber with the Services and to provide healthcare providers with our Services.

DISCLAIMER OF WARRANTIES. NONE OF KNA, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “KNA PARTIES”) ENDORSE ANY SUBSCRIBER, HEALTHCARE PROVIDER OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY THE HEALTHCARE PROVIDER OR THIRD PARTY. YOU ACKNOWLEDGE THAT THE SERVICES MERELY ACT AS A VENUE THAT ALLOWS SUBSCRIBERS AND HEALTHCARE PROVIDERS AND THIRD PARTIES TO COMMUNICATE WITH EACH OTHER. NONE OF THE KNA PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN SUBSCRIBER, HEALTHCARE PROVIDERS OR THIRD PARTIES OR FOR ANY RESULTS CAUSED BY USING THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS SUBSCRIBER MAY SUFFER. WE EXPRESSLY DISCLAIM, AND SUBSCRIBER WAIVES, ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF KNA PARTIES GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE OR THE SERVICES. NONE OF KNA PARTIES WARRANTS THAT THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, THE SERVICES, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE SERVICES, AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT, SERVICES AND THE SITE, IS ASSUMED SOLELY BY YOU. NONE OF KNA PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Without limiting the foregoing, KNA, its licensors, and its suppliers make no representations or warranties regarding the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ANY OF KNA PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF KNA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS KNA PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification. You agree to defend, indemnify, and hold KNA Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Site, Content, or the Services; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

Termination. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, the Content and/or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Site, the Content and/or the Services at any time without prior notice or liability. You may terminate this Agreement at any time upon the provision of written notice to us by email to: cancel@atpointofcare.com

or via hard copy mail directed to:

Kaplan North America, LLC

1200 Morris Tpke

Suite 3005 (c/o Industrious)

Short Hills, NJ 07078

973.890.8988

Your access to the Site will be terminated within 24 hours of our receipt of your notice of termination.

Modifications. We reserve the right to amend this Agreement at any time and from time to time without notice. If you use the Site and/or the Services after this Agreement has been posted, you will be deemed to have agreed to this Agreement. If you do not agree to the modified Agreement, you should discontinue your use of the Services, which termination is your sole and exclusive remedy.

Miscellaneous. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Limitation of Liability, Indemnification, and Miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release KNA Parties from any claim of harm resulting from a cause beyond their 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, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this site shall be governed by and construed in accordance with the laws of the State of Florida. Except for proceedings commenced by KNA to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Florida . This Agreement contains the entire agreement of the parties concerning this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. KNA will comply with all applicable laws. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by KNA .

https://atpointofcare.com

Last updated: June 18, 2020

Kaplan North America, LLC (“KNA,” “we,” “us,” or “ours”) owns and operates the website located at https://atpointofcare.com (the “Site”). These Terms of Use state the terms and conditions under which you may use the Site and the services that we make available via the Site from time to time (the “Services”). Please read these Terms of Use carefully. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Site or the Services. These Terms of Use may be updated by us from time to time without notice to you.

You acknowledge that this Site contains material such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of KNA (collectively, the “Content”). The Content may be owned by us or by third parties, and is protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of KNA or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a single copy of the Content for your own personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

@Point of Care (stylized with design) and @Point of Care (standard characters) are trademarks and service marks of KNA (the “KNA Trademarks”). Other KNA products, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to KNA. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the KNA Trademarks displayed on this Site, without our prior written permission in each instance. All goodwill generated from the use of the KNA Trademarks will inure to our benefit.

By accessing and/or using the Services, you hereby agree that:

• You will not use the Services for any unlawful purpose;
• You will not upload, post, e-mail, transmit, or otherwise make available any content that:
  • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
  • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another's privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
  • discloses any sensitive information about another person, including that person's e-mail address, postal address, phone number, credit card information, or any similar information.
• You will not “stalk” or otherwise harass another;
• You will not spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means; and
• Let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we'll review it.

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to KNA on Public Areas of the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. KNA, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, KNA and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting KNA a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information. This section shall not apply to any submissions you provide pursuant to an agreement with us. Links to Other Web Sites.

This Site may periodically provide links to third-party websites (“Third-Party Sites”) as well as other websites operated by KNA (“Other KNA Sites”). This Agreement governs only this Site and not any Third-Party Sites or Other KNA Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third-Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. We also prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website.

KNA, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by KNA. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Security of the Site.

Actual or attempted unauthorized use of the Site, the Content or the Services may result in criminal and/or civil prosecution. KNA reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. KNA will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

DISCLAIMER OF WARRANTIES.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF KNA PARTIES GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE OR THE SERVICES. NONE OF KNA PARTIES WARRANT THAT THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, THE SERVICES, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE SERVICES, AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT, SERVICES AND THE SITE, IS ASSUMED SOLELY BY YOU. NONE OF KNA PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Without limiting the foregoing, KNA, its licensors, and its suppliers make no representations or warranties regarding the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.

Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL ANY OF KNA PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF KNA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS KNA PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold KNA Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Site, Content, or the Services; and (iii) your violation of any third-party right, including, without limitation, any copyright, trademark, property, or privacy right.

We may terminate this Agreement and your access to all or any part of the Site, the Content or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site, the Content or the Services at any time without prior notice or liability.

If you believe this Website contains any content that infringes your copyright, please refer to our Copyright Infringement Notification Procedures.

In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Limitation of Liability, Indemnification, and Miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release KNAParties from any claim of harm resulting from a cause beyond their 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, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this site shall be governed by and construed in accordance with the laws of the State of Florida . Except for proceedings commenced by KNA to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Florida. This Agreement contains the entire agreement of the parties concerning this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. KNAwill comply with all applicable laws. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by KNA. Thank you for your cooperation. We hope you find the @Point of Care Site helpful and convenient to use. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our email address at info@atpointofcare.com or via U.S. mail to

Kaplan North America, LLC d/b/a Projects In Knowledge

1200 Morris Tpke

Suite 3005

Short Hills, NJ 07078

973.890.8988

Copyright Infringement Notification Procedures.

Kaplan is committed to complying with copyright and related laws and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content through the Site in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law. Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA.

The Notice of Infringement contains requested information that substantially complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Our Copyright Agent can be reached as follows:

By mail:

Attn: Copyright Agent

1515 W Cypress Creek Road

Fort Lauderdale, FL 33309

By phone: (312) 385-1246

By email: copyright@kaplan.edu