Last Revision: 12/21/2015
Please read these terms and conditions of use carefully. By using this website, you agree to these terms and conditions.
These terms and conditions of use (“Site Terms”) apply exclusively to use of any Websites produced by the Center for Phlebotomy Education, Inc. (“CPE”) and its subsidiaries, (collectively the “CPE Sites”) and any websites or web pages created and managed by the CPE. The CPE Sites shall collectively be referred to as the “Sites.” These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with CPE for products, services or otherwise.
CPE reserves the right to amend at any time any policies governing this website, including these Terms and Conditions and CPE’s Privacy Statement, by posting the amended terms on our website. You will be able to tell that a revision has been made by the date of the last revision indicated at the top of the document. The amended terms shall be effective immediately after they are initially posted on this website. Your use of our website following the posting of such amended terms shall constitute your acceptance of any such changes. If you do not accept the amended terms, you must cease using this website.
Websites are created and managed by CPE. Use of the CPE Sites is strictly voluntary.
The information offered through the CPE Sites is presented for the purpose of providing general information on phlebotomy. Nothing contained in the CPE Sites is intended to be instructional for medical diagnosis or treatment or to be the practice of medicine or the provision of medical services.
In no event should content within the CPE Sites, including content within the Site or that generated by principals of CPE and delivered by email or other communication, be used in place of the standards of practice.
Unless otherwise indicated, all website materials, including, without limitation all designs, text, graphics, other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of CPE, or their respective licensors. Use of the materials in this website—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance—without the prior written permission of CPE is strictly prohibited. For further information, see our Copyright Policy.
2. Newsletter Subscription Agreement
Those who subscribe to receive CPE’s newsletter, Phlebotomy Today, and PT-STAT! agree to accept the monthly newsletter and no more than two product announcements from its publisher, CPE, per month. Users who do not agree to these terms should not subscribe. Information collected from subscribers will not be sold, rented or otherwise shared with any third party. View our Privacy Statement.
3. Limited License
CPE grants you a limited license to make personal use only of these Sites. Such license is subject to the Site Terms and does not include:
- any resale or commercial use of the Site or content therein;
- the collection and use of any product listings or descriptions;
- making derivative uses of the Site and its contents;
- use of any data mining, robots or similar data gathering or extraction methods; or
- downloading (other than the page caching) of any portion of any of the Site or any information contained on the Site, except as expressly permitted on the Site. Except as noted above, you are not conveyed any right or license by implication or otherwise in under any patent, trademark, or proprietary right of CPE or any third party.
CPE believes strongly in protecting user privacy. Please refer to our Privacy Statement for information on how CPE uses and collects information and protects your privacy.
“The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000.”
CPE and any product or service names, slogans, page headers, custom graphics, button icons, and scripts contained in the CPE Sites are either trademarks or registered trademarks of CPE or its licensors. Such trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of CPE. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
6. Repeat Infringer Policy
CPE respects the intellectual property of others, and we ask our users to do the same. CPE may, in appropriate circumstances and at its own discretion, limit access to this website and/or terminate the accounts of any users who infringe the intellectual property rights of others.
7. Claims of Copyright Infringement; Designated Agent
If you believe that any material on this website infringes upon any copyright which you own or control, or that any link on this website directs users to another website that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent.
Written notification must be submitted to the following:
Dennis J. Ernst
P.O. Box 5
Corydon, IN 47112 USA
To be effective, the notice must include 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 (“Complaining Party”);
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that 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 (“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; and
- 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.
Submissions made by third parties in connection with their use of the CPE service (such as chat rooms, discussion boards, email and other electronic messaging services) are governed by the applicable Terms of Service Agreement (see above). Other submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to CPE, are non-confidential and shall become the sole property of CPE. CPE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any such materials to CPE irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
9. Forums & Interactive Areas
The Sites may include discussion forums, chat rooms, or other interactive areas (“Interactive Areas”). Use of any Interactive Areas requires registration with the terms of the applicable Terms of Service Agreement, and your use of any Interactive Areas are governed by the terms of such agreement.
Registrants are entitled to view the webinar purchased from one computer. Recording of the Center’s live webinars is not permitted. “Registrants” are defined as “facilities, companies, corporations, or individuals who have paid or arranged payment to CPE to attend the webinar”. Access to a webinar is limited to one computer per registration. One registration entitles the Registrant to access the live presentation on one computer. Webinars cannot be accessed by one computer and then made accessible remotely from one or more remote computers through file sharing, virtual private networks (VPN), shared servers, remote desktops, or other web-based network connectivity platforms. Webinars cannot be recorded and/or streamed over the Internet or an intranet.
You are granted a limited, non-exclusive right to create a hyperlink to the CPE Sites provided such link does not portray CPE or any of its Practices, Members, sponsors, products, or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame, or utilise framing techniques to enclose any CPE trademark, logo, or other proprietary information, including the images found at this website, the content of any text or the layout/design of any page or form contained on a page without CPE’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of CPE or any third party.
CPE makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlink from the Sites, or websites linking to this website. The linked sites are not under the control of CPE and CPE is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. CPE is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by CPE of the site or any information contained therein.
12. Third Party Content & Services
CPE may provide links to web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. CPE does not monitor nor does it have any control over any Third Party Content or third party websites. CPE does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. CPE does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Healthcare is an ever-changing science. As new research and clinical experience broadens our knowledge, changes in procedures are required. The authors of all material posted on and available through www.phlebotomy.com, and emails sent from the agents, employees, and administrators of CPE have checked with sources believed to be reliable at the time of writing in their efforts to provide information that is complete and generally in accord with the standards accepted at the time of publication or transmission. However, neither the authors, editors, contributors, the Center for Phlebotomy Education, Inc. nor any other party who has been involved in the preparation or publication of material or transmission of emails warrants that the information contained therein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information. Readers are encouraged to confirm the information contained herein with other sources before applying information provided.
These Sites and the materials on and through these Sites are provided on an “as is” basis without warranties of any kind, either express or implied. CPE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. CPE does not represent or warrant that materials on these Sites are accurate, complete, reliable, current, or error-free. CPE does not represent or warrant that these Sites or its servers are free of viruses or other harmful components.
CPE reserves the right to change any and all content contained on the Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CPE.
14. Limitation of Liability
In no event shall CPE, or its officers, directors, shareholders, or employees, be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of the Sites or the materials contained in, or accessed through, the Sites, including without limitation any damages caused by or resulting from reliance by user on any information obtained from CPE, or that results from mistakes, omissions, interruptions, deletion of files or e-mail, error, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to CPE’s records, programs, or services. In no event shall the aggregate liability of CPE (whether in contract, warranty tort-including negligence, whether active, passive, or imputed-product liability, strict liability, or other theory) arising out of or relating to the use of the Sites exceed any compensation you pay, if any, to CPE for access to or use of these Sites.
You agree to defend, indemnify and hold harmless CPE, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney’s fees) arising our of your use of the Sites and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against CPE and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of the rights of any third party.
16. Applicable Law
These Site Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms or your use of the Sites shall be filed only in the state and federal courts located in Corydon, Indiana, USA and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or relating to these Site Terms or your use of the Sites.
17. Modification & Amendments
CPE reserves the right to amend at any time any policies governing the Sites, including these Site Terms and CPE’s Privacy Statement, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective immediately after they are initially posted on this website. If you do not accept the amended terms, you should cease using the Sites.
Notwithstanding any of these terms and conditions, CPE reserves the right, without notice and in its sole discretion, to terminate your license to use any of the Sites, and to block or prevent future access to and use of any of the Sites.
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
20. Questions & Contact Information
General questions or comments about the Sites and the CPE service may be directed to CPE’s Customer Service