Terms and Conditions

1.Acceptance of These Terms; Binding Agreement

These Terms and Conditions (these “Terms”) are a legally binding agreement between you and [LEGAL ENTITY NAME], doing business as Jude Health Institute (“JHI,” “we,” “us,” or “our”), a [STATE OF ORGANIZATION] [ENTITY TYPE] with its principal place of business at Suite 251, 6100 Lake Ellenor Drive, Orlando, Florida 32809. They govern your access to and use of the website at judehealthinstitute.com (the “Site”).

1. 1.1

   Acceptance. By accessing or using the Site, or by submitting information through it, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not use the Site.

2. 1.2

   Important provisions. Section 7 (No Guarantee), Section 19 (Disclaimer of Warranties), Section 20 (Limitation of Liability), Section 21 (Indemnification), and Section 23 (Dispute Resolution) limit JHI’s responsibilities and govern how disputes are resolved.

3. 1.3

   Organizations. If you use the Site on behalf of an employer or other organization, you represent that you are authorized to accept these Terms for it, and “you” includes that organization.

4. 1.4

   Additional terms. Courses may be subject to additional terms, including an Enrollment Agreement, written course policies, and the terms of Third-Party Bodies, which apply in the order of precedence set out in Section 26.

2.Definitions

1. 2.1

   “Course” means any examination-preparation course, skills workshop, continuing education course, professional-development workshop, CPR or basic life support course, or other educational offering described on the Site, whether available, on hold, or described as coming soon.

2. 2.2

   “Content” means all text, course descriptions, prices, schedules, articles (including knowledge-base articles), graphics, photographs, logos, and other material on the Site, and their selection and arrangement.

3. 2.3

   “Enrollment Agreement” means the separate written agreement that an individual must sign or accept to enroll in a Course, together with any written policies it incorporates.

4. 2.4

   “Inquiry Form” means the two-step course inquiry form on the Site, and “Session Alerts” means the “Next Session Alerts” email sign-up on the Site.

5. 2.5

   “JHI Parties” means JHI and its owners, officers, directors, employees, instructors, agents, successors, and assigns.

6. 2.6

   “Submission” means any information or material you send to JHI through the Site.

7. 2.7

   “Third-Party Body” means any person or organization other than JHI that administers an examination, grants or renews a certification or license, approves or tracks continuing education, or regulates a healthcare profession, including the Florida Board of Nursing, the Florida Department of Health, the National Council of State Boards of Nursing, Prometric, CE Broker, the administrators of the TEAS and HESI examinations, and certifying organizations.

8. 2.8

   “Including” means “including without limitation.”

3.Eligibility and Age

1. 3.1

   You may use the Site only if you are at least eighteen (18) years of age [MINIMUM AGE — owner to confirm], or the age of majority where you live if higher, and can form a binding contract. The Site is not directed to children under 13, who must not submit any information through it.

2. 3.2

   [OPTIONAL — owner and counsel to decide: If JHI admits students under 18, an individual under 18 may use the Site only with the involvement and consent of a parent or legal guardian, who accepts these Terms on the individual’s behalf.]

3. 3.3

   Eligibility to enroll in a Course is determined by the Enrollment Agreement and JHI’s admission requirements. Eligibility to take any examination or obtain any certification or license is determined solely by the applicable Third-Party Body.

4. 3.4

   You may not use the Site if JHI has suspended or terminated your access under Section 24, or if your use would violate applicable law.

4.Changes to These Terms

1. 4.1

   JHI may revise these Terms by posting revised Terms on the Site with a new “Last Updated” date. Revised Terms take effect when posted [or, for material changes, [NUMBER] days after posting — owner to decide], apply only to use of the Site after that time, and do not apply to any dispute of which JHI had actual notice before the revision was posted.

2. 4.2

   Your continued use of the Site after revised Terms take effect constitutes acceptance of them. If you do not agree, you must stop using the Site.

3. 4.3

   A revision to these Terms does not amend any Enrollment Agreement that you have already signed or accepted.

5.Description of the Site and Services

1. 5.1

   Informational purpose. The Site provides general information about JHI and the Courses, including descriptions, schedules, published prices, language options, and knowledge-base articles. It also lets you ask JHI to contact you (Inquiry Form) or to email you (Session Alerts).

2. 5.2

   Offerings. As described on the Site, JHI offers or plans to offer:

   1. (a)

      examination-preparation courses, including for the certified nursing assistant (CNA), phlebotomy, TEAS, HESI, and NCLEX examinations;

   2. (b)

      skills workshops;

   3. (c)

      online continuing education, reported through CE Broker where the Course and profession allow;

   4. (d)

      professional-development workshops, described on the Site as coming soon; and

   5. (e)

      CPR and basic life support courses, details of which are pending and will be published only when confirmed [AUTHORIZATION STATUS — owner to confirm].

3. 5.3

   Language. Courses are taught in English, with bilingual assistance in Haitian Creole and Spanish for selected programs. Unless a course description or the Enrollment Agreement says otherwise, bilingual assistance is learning support; it does not mean that a Course, its materials, or any third-party examination is offered in that language.

4. 5.4

   No transactions. The Site does not accept payments, provide user accounts, or enroll anyone in a Course. Submitting the Inquiry Form is a request for information only; it does not reserve a place or commit you or JHI to any purchase or sale.

5. 5.5

   Availability. JHI may change, suspend, or discontinue any part of the Site at any time without notice.

6. 5.6

   Certificates and verification. JHI may issue a Certificate of Completion or a Certificate of Participation for a Course. A certificate records that the person named completed the stated training through JHI; it does not independently constitute state licensure or national certification, and it is not an American Heart Association card or any other third-party credential. Each certificate carries a number and a QR code, and anyone who enters the number on the Site’s verification page can see the name, the course, the dates, the hours, any license number printed on it, and whether it is valid. JHI may revoke a certificate that was issued in error or obtained by misrepresentation, and the verification page will then show it as revoked.

7. 5.7

   Shop purchases. JHI may sell uniforms, student equipment and study material through the Site. Buying them is not a condition of enrolling in, attending, or completing any Course, and JHI does not require students to buy these items from JHI. Prices, availability and delivery are as stated at the time of purchase, and the sale terms in Section 11 apply.

6.Educational Information Disclaimer

1. 6.1

   General information only. The Content is provided for general educational and informational purposes. It is not medical, nursing, clinical, legal, financial, immigration, or other professional advice, and it is not a substitute for advice from a qualified professional about your circumstances.

2. 6.2

   Not medical advice. Nothing on the Site is intended to diagnose, treat, or advise on any medical condition. Do not rely on the Site when caring for a patient or in an emergency. In an emergency, call 911.

3. 6.3

   Regulatory information may change. Content about examinations, eligibility, fees, licensure, certification, continuing education, and employment summarizes rules set by Third-Party Bodies. Those rules change, sometimes without notice, and the Content may not reflect the latest changes.

4. 6.4

   Confirm with the source. Before relying on the Content, including in deciding to enroll in a Course, to apply for or schedule an examination, or to renew a license, you must confirm the current requirements directly with the relevant Third-Party Body, such as the Florida Board of Nursing, Prometric, CE Broker, or the organization that awards the certification you seek. Where the Site cites an official source, the official source controls.

5. 6.5

   No special relationship. Using the Site or contacting JHI does not create a professional-client, instructor-student, or other special relationship. A student relationship arises only under an Enrollment Agreement.

7.No Guarantee of Certification, Licensure, Examination Results, or Employment

YOU ACKNOWLEDGE AND AGREE THAT JHI DOES NOT GUARANTEE, AND THAT NOTHING ON THE SITE OR IN ANY COMMUNICATION FROM JHI IS A PROMISE OR GUARANTEE, THAT:

1. 7.1

   YOU WILL BE ADMITTED TO, PERMITTED TO TAKE, OR PASS ANY EXAMINATION, INCLUDING ANY CNA, PHLEBOTOMY, TEAS, HESI, OR NCLEX EXAMINATION, ON ANY ATTEMPT OR WITH ANY PARTICULAR SCORE;

2. 7.2

   YOU WILL OBTAIN, MAINTAIN, OR RENEW ANY CERTIFICATION, LICENSE, REGISTRATION, OR OTHER CREDENTIAL;

3. 7.3

   ANY COURSE OR CONTINUING EDUCATION HOURS WILL BE ACCEPTED BY ANY LICENSING BOARD, EMPLOYER, SCHOOL, OR OTHER THIRD-PARTY BODY, OR WILL SATISFY ANY REQUIREMENT FOR YOUR PROFESSION, LICENSE TYPE, OR RENEWAL PERIOD;

4. 7.4

   ANY SCHOOL, COLLEGE, OR PROGRAM WILL ADMIT YOU;

5. 7.5

   YOU WILL OBTAIN EMPLOYMENT, A PROMOTION, OR ANY PARTICULAR POSITION, WAGE, OR EARNINGS, OR THAT ANY BUSINESS YOU START WILL SUCCEED; OR

6. 7.6

   ANY OTHER PARTICULAR RESULT WILL FOLLOW FROM USING THE SITE OR TAKING A COURSE.

7. 7.7

   Decisions of others. Certifications and licenses are awarded by external Third-Party Bodies, not by JHI. Results depend on factors outside JHI’s control, including your own preparation and attendance, prior education, eligibility, background-check results, examination conditions, and the independent decisions of Third-Party Bodies.

8. 7.8

   Individual results. Reviews, examples, and statements of individual experience on the Site describe particular individuals only. They are not typical results or a prediction of your results.

8.Status of JHI and Its Courses

1. 8.1

   Not accredited. JHI is not an accredited institution.

2. 8.2

   Not a state-approved or Board-approved program. The Courses are not state-approved or Board-approved nursing education programs, nursing assistant training programs, or other pre-licensure, training, or credentialing programs. Completing a Course does not by itself qualify you for any license or certification.

3. 8.3

   Not an approved remedial provider. JHI is not on the Florida Board of Nursing’s list of approved remedial course providers, and no Course satisfies any remedial-education requirement that applies to a candidate who has not passed a nursing licensure examination.

4. 8.4

   Examination preparation and professional development only. The Courses are offered for examination preparation, skills practice, continuing education, and professional development. They do not replace any education, training, clinical hours, or other requirement set by a Third-Party Body.

5. 8.5

   Continuing education provider number. JHI holds Florida continuing education provider number 50-46278, under which it reports completions through CE Broker where the Course and profession allow [PROVIDER STATUS — counsel to confirm how this provider approval is described and that Sections 8.1 to 8.3 remain accurate alongside it]. The number identifies JHI as the reporting provider. It does not mean that any board has approved or evaluated any Course except as a continuing education offering, or that a Course satisfies a particular requirement for your license type.

6. 8.6

   [LICENSURE STATUS — counsel to confirm whether JHI relies on an exemption from licensure by the Florida Commission for Independent Education and whether that status should be stated here.]

7. 8.7

   Third-party names. References to any Third-Party Body or examination, such as TEAS, HESI, or NCLEX, are for identification only, and those names may be trademarks of their owners. Except for the provider number described in Section 8.5, JHI is not affiliated with, endorsed by, or sponsored by any Third-Party Body.

9.Course Information, Pricing, and Availability

1. 9.1

   Published information. The Content may contain errors or become out of date, and Course content, schedules, instructors, format, location, and language assistance may change.

2. 9.2

   Written confirmation of price. Prices on the Site are for information only and are not an offer capable of acceptance. A price is binding only when JHI confirms it in writing in the Enrollment Agreement or in [PRICE CONFIRMATION DOCUMENT — owner to confirm, e.g., an enrollment invoice]. If a price on the Site is wrong, JHI is not obliged to honor it but will tell you the correct price before you enroll.

3. 9.3

   Courses on hold. A Course may be shown as on hold, coming soon, or subject to availability. JHI does not guarantee that any Course will start on a particular date, run at all, or have places available. The rights of an enrolled student if JHI cancels or reschedules a Course are governed by the Enrollment Agreement.

4. 9.4

   No payment through the Site. The Site does not accept payment. Do not send payment card or bank details through the Inquiry Form or by email. JHI will explain its accepted payment methods during enrollment [owner to confirm].

5. 9.5

   Fees that may not be included. Unless the Enrollment Agreement expressly states otherwise, a published price may not include:

   1. (a)

      examination, application, and retake fees charged by Prometric, test administrators, or other Third-Party Bodies;

   2. (b)

      background-check and fingerprinting fees;

   3. (c)

      certification, licensure, and renewal fees;

   4. (d)

      textbooks, study guides, and other learning materials;

   5. (e)

      uniforms, scrubs, and required footwear;

   6. (f)

      supplies and equipment; or

   7. (g)

      travel, parking, and similar personal costs.

6. 9.6

   Before enrolling, please ask JHI which costs are included in the price of the Course you are considering. The Enrollment Agreement will state the price and all fees payable to JHI.

7. 9.7

   Enrollment Agreement controls. Enrollment in any Course is governed by a separate Enrollment Agreement. If anything on the Site conflicts with the Enrollment Agreement on any matter relating to a Course, the Enrollment Agreement controls.

10.Enrollment, Cancellations, and Refunds

1. 10.1

   You become enrolled in a Course only when you and JHI have both signed or accepted an Enrollment Agreement and any conditions it contains, such as payment or eligibility requirements, have been met.

2. 10.2

   Your rights to cancel, withdraw, transfer, or obtain a refund are set out in the Enrollment Agreement [REFUND POLICY — owner and counsel to provide; these Terms deliberately state no refund terms]. Nothing in these Terms limits any cancellation or refund right that applicable law gives you.

3. 10.3

   JHI will give you the Enrollment Agreement, including its cancellation and refund terms, to review before you are asked to sign it or to pay [owner to confirm].

11.Continuing Education

1. 11.1

   Reporting. Where a continuing education Course and your profession allow, JHI reports your completion to CE Broker under provider number 50-46278, using the license information you provide, within [REPORTING TIMEFRAME — owner to confirm, consistent with Florida reporting deadlines].

2. 11.2

   Your responsibilities. You are responsible for:

   1. (a)

      confirming, before you enroll, that a Course will count toward the requirements of your profession, license type, and renewal period;

   2. (b)

      giving JHI accurate and complete license information;

   3. (c)

      checking your CE Broker record after completing a Course and telling JHI promptly of any error; and

   4. (d)

      meeting all renewal requirements and deadlines set by your licensing board.

3. 11.3

   Acceptance varies. Credit acceptance and subject-matter requirements vary by profession and license type. JHI’s provider number identifies JHI as the reporting provider; it does not establish that a Course satisfies a particular mandatory subject for your license type. Unless a course description expressly states otherwise, JHI makes no representation that any Course is accepted outside Florida or by any certifying organization.

4. 11.4

   Reporting errors. If a completion that JHI reports contains an error made by JHI, JHI will correct it promptly after you notify JHI.

12.Communications and Consent

1. 12.1

   Inquiry Form. By submitting the Inquiry Form and checking the consent box, you agree that JHI may contact you by email and telephone, using the details you provide, about the course you asked about. This does not subscribe you to Session Alerts [owner to confirm].

2. 12.2

   Call Booking. By booking a call through the Site and checking the consent box, you agree that JHI may telephone you at the number you give, at the time you choose, and email you about the booking. A booked call is a free, no-obligation conversation with an advisor: it does not enroll you in any Course, reserve a place, or form any contract for a Course. JHI will make reasonable efforts to call at the time booked and, if it cannot, will contact you to arrange another time. Times are shown and booked in Eastern Time.

3. 12.3

   Telephone. Telephone contact in response to inquiries and Call Bookings is made by JHI staff [owner to confirm: without automated dialing technology or prerecorded or artificial-voice messages]. JHI does not operate a text-message marketing program, and giving your number does not enroll you in one. If you opt in on the Enrollment Application, JHI may send you admissions-related text messages about your application; message and data rates may apply, and you may reply STOP at any time to stop them.

4. 12.4

   Session Alerts. By signing up for Session Alerts and checking the consent box, you agree that JHI may email you about start dates and continuing education. Consent to Session Alerts is not a condition of enrolling in any Course.

5. 12.5

   Withdrawing consent. You may withdraw consent to any communication at any time by any reasonable means, including by telling a member of staff, replying to an email, using an unsubscribe link, or contacting JHI as described in Section 30. Communications about a Course in which you are enrolled are governed by the Enrollment Agreement.

6. 12.6

   Your own details only. Submit only your own contact details, or details you are authorized to give. Do not submit another person’s telephone number or email address without that person’s permission.

7. 12.7

   Enrollment Application. By submitting the Enrollment Application and checking the required boxes, you confirm that the information you give is true and complete, and you agree that JHI may contact you by telephone or email about your application. Submitting it is an application only: it does not guarantee acceptance, reserve a place in any Course, or form any contract for a Course. Enrollment is complete only when you have reviewed and signed the enrollment agreement and the applicable student policies. [owner to confirm: that a typed name is accepted as the applicant’s electronic signature on the application.]

13.Submissions and Acceptable Use

1. 13.1

   Your Submissions. You represent that each Submission is true, accurate, and complete, relates to you or is made with the authority of the person it concerns, and does not violate any law or anyone’s rights. Do not include health or medical information, government identification numbers, payment card or bank details, or passwords in any Submission.

2. 13.2

   License to Submissions. You grant JHI a non-exclusive, royalty-free license to use, store, copy, and process your Submissions for the purposes described in the Privacy Policy. JHI will not publish a Submission in a way that identifies you without your permission [owner to confirm]. JHI may use any suggestions or feedback you send without obligation to you.

3. 13.3

   Prohibited conduct. You must not, and must not attempt to or help anyone else to:

   1. (a)

      use the Site for any unlawful, fraudulent, or deceptive purpose;

   2. (b)

      submit false or misleading information, impersonate any person, or submit information about another person without authority;

   3. (c)

      send spam through the Site, or submit the forms automatically or in bulk;

   4. (d)

      use any robot, spider, scraper, crawler, or other automated means to access, copy, extract, or monitor the Site or the Content, except for search-engine indexing that complies with the Site’s robots.txt file;

   5. (e)

      copy, republish, frame, or mirror the Site or the Content except as Section 14 permits;

   6. (f)

      probe, scan, or test the vulnerability of the Site or any related system, or circumvent any security, rate-limiting, or anti-spam measure, including by using multiple IP addresses to evade a limit;

   7. (g)

      interfere with or disrupt the Site or its servers or networks, including by a denial-of-service attack or by imposing an unreasonable load;

   8. (h)

      transmit viruses or other harmful code, or attempt to inject code or commands into any form;

   9. (i)

      attempt to access non-public parts of the Site or the systems that host it;

   10. (j)

       use the Site or the Content to build a competing product or dataset, or to train a machine-learning or artificial-intelligence model, without JHI’s prior written consent [owner to confirm];

   11. (k)

       misrepresent your affiliation with JHI or use JHI’s name or marks to suggest endorsement; or

   12. (l)

       harass, threaten, or abuse JHI staff or anyone else in any communication initiated through the Site.

4. 13.4

   Security reports and enforcement. If you believe you have found a security vulnerability, please report it to info@judehealthinstitute.com instead of testing it further. JHI may investigate suspected violations of this Section 13, disregard or delete Submissions, block access, and cooperate with law enforcement.

14.Intellectual Property

1. 14.1

   Ownership. The Site and the Content are owned by JHI or its licensors and are protected by United States and international intellectual property laws [owner to confirm that JHI owns or has licensed all photographs, graphics, and other third-party material].

2. 14.2

   Trademarks. “Jude Health Institute,” the JHI logo, and “From Bedside to BossSide™” are trademarks of JHI [owner to confirm ownership of each mark and whether any is registered]. Other names and marks on the Site belong to their owners and are used for identification only. You may not use any JHI trademark without JHI’s prior written consent, except to refer accurately to JHI.

3. 14.3

   Limited license. Subject to these Terms, JHI grants you a limited, revocable, non-exclusive, non-transferable license to view the Site and to download or print a reasonable number of pages for your personal, non-commercial use in considering or pursuing your own education, provided that you keep all copyright and other notices intact.

4. 14.4

   Restrictions. Except as Section 14.3 or applicable law (including fair use) permits, you may not copy, distribute, publicly display, modify, create derivative works from, sell, or otherwise exploit any Content without JHI’s prior written consent. Materials provided to enrolled students are governed by the Enrollment Agreement. All rights not expressly granted are reserved, and any unpermitted use automatically terminates the license in Section 14.3.

5. 14.5

   Infringement concerns. If you believe any Content infringes your rights, please contact JHI with a description of the material, its location on the Site, and the rights you claim, and JHI will review your concern promptly.

15.Third-Party Links and Services

1. 15.1

   The Site links to third-party websites and services, including Google (for reviews and map directions), Facebook, Instagram, LinkedIn, YouTube, X, CE Broker, and government and regulatory websites. JHI does not control and is not responsible for their content, accuracy, availability, privacy practices, or terms, and a link is not an endorsement. Your use of any third-party site is at your own risk and subject to its own terms.

2. 15.2

   Services of Third-Party Bodies, such as examination registration and scheduling, background checks, and continuing education tracking, are provided under their own terms. JHI is not responsible for the acts, omissions, fees, decisions, or systems of any Third-Party Body.

16.Testimonials and Reviews

1. 16.1

   Source. Reviews shown on the Site are a selection of reviews posted publicly on JHI’s Google Business Profile. They are statements of third parties, not of JHI. All reviews posted about JHI can be read on Google.

2. 16.2

   Presentation. Reviews are reproduced as their authors wrote them. A shortened review is marked with an ellipsis where text is omitted; emoji are not reproduced; and reviewers are identified by first name and surname initial. JHI does not add words to, correct, or rewrite reviews. Statements about individual examination results may be omitted from excerpts so that individual results are not presented as typical.

3. 16.3

   Individual experiences vary. Reviews reflect their authors’ personal experiences and opinions. They are not a guarantee, prediction, or promise that you will have a similar experience or result (see Section 7).

4. 16.4

   Material connections. [owner to confirm: JHI has not paid for, or given any discount or other incentive in exchange for, any review shown on the Site. If any reviewer received an incentive or has a material connection to JHI, such as employment or a family relationship, that connection must be disclosed with the review.]

5. 16.5

   Removal. If you wrote a review shown on the Site and want it removed from the Site, contact JHI and it will be removed [within [NUMBER] business days — owner to confirm].

17.Accessibility

1. 17.1

   JHI wants the Site to be usable by as many people as possible, including people with disabilities. JHI’s accessibility commitments and known limitations are described in its Accessibility Statement at [ACCESSIBILITY STATEMENT URL]. If you have difficulty accessing any part of the Site or need information in an alternative format, please telephone (407) 606-7964 or email info@judehealthinstitute.com, and JHI will work with you to provide it.

2. 17.2

   Requests for accommodations in a Course are handled under the Enrollment Agreement and [ACCOMMODATIONS POLICY — owner to confirm]. Accommodations for a third-party examination must be requested from the Third-Party Body that administers it.

18.Privacy

1. 18.1

   JHI’s Privacy Policy, at our Privacy Policy, describes how JHI collects, uses, discloses, and protects personal information through the Site, and forms part of these Terms.

19.Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE STATE OF FLORIDA:

1. 19.1

   THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

2. 19.2

   JHI EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

3. 19.3

   JHI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY CONTENT, INCLUDING INFORMATION ABOUT EXAMINATIONS, ELIGIBILITY, LICENSURE, CERTIFICATION, CONTINUING EDUCATION, PRICES, OR SCHEDULES, IS ACCURATE, COMPLETE, OR CURRENT.

4. 19.4

   NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JHI OR THROUGH THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

5. 19.5

   THIS SECTION 19 APPLIES TO THE SITE AND THE CONTENT. ANY WARRANTY RELATING TO A COURSE IN WHICH YOU ENROLL IS GOVERNED BY THE ENROLLMENT AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

20.Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS THE LIABILITY OF THE JHI PARTIES TO YOU.

1. 20.1

   EXCLUDED DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO JHI PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, EARNINGS, EMPLOYMENT OPPORTUNITY, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, EVEN IF A JHI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. 20.2

   LIMIT ON TOTAL LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE JHI PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, OR THESE TERMS WILL NOT EXCEED [ONE HUNDRED U.S. DOLLARS (US $100) — owner and counsel to confirm].

3. 20.3

   RELIANCE ON CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE JHI PARTIES WILL NOT BE LIABLE FOR ANY LOSS ARISING FROM YOUR RELIANCE ON CONTENT ABOUT THE REQUIREMENTS OF A THIRD-PARTY BODY WITHOUT CONFIRMING THEM WITH THAT BODY AS SECTION 6.4 REQUIRES, OR FROM THE ACTS, OMISSIONS, OR DECISIONS OF ANY THIRD-PARTY BODY.

4. 20.4

   EXCEPTIONS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR INTENTIONAL MISCONDUCT; LIABILITY FOR GROSS NEGLIGENCE, PERSONAL INJURY, OR DEATH TO THE EXTENT THE LAW DOES NOT PERMIT IT TO BE LIMITED; OR ANY RIGHT OR REMEDY UNDER CONSUMER PROTECTION LAWS THAT CANNOT BE WAIVED BY CONTRACT.

5. 20.5

   COURSES. THIS SECTION 20 APPLIES TO THE SITE AND THE CONTENT. LIABILITY RELATING TO A COURSE IN WHICH YOU ENROLL IS GOVERNED BY THE ENROLLMENT AGREEMENT.

6. 20.6

   ALLOCATION OF RISK. YOU AGREE THAT THESE LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK, THAT JHI MAKES THE SITE AVAILABLE FREE OF CHARGE IN RELIANCE ON THEM, AND THAT THEY APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

21.Indemnification

1. 21.1

   To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the JHI Parties from and against all third-party claims, and all resulting liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees), arising out of or relating to:

   1. (a)

      your breach of these Terms;

   2. (b)

      your violation of any law or of the rights of any third party;

   3. (c)

      any Submission you make, including information about another person submitted without authority; or

   4. (d)

      your misuse of the Site.

2. 21.2

   JHI will notify you promptly of any claim for which it seeks indemnification and may assume the exclusive defense and control of the claim at your expense, in which case you will cooperate. You may not settle any such claim without JHI’s prior written consent.

3. 21.3

   This Section 21 does not require you to indemnify a JHI Party for any claim to the extent caused by that JHI Party’s own negligence or misconduct.

22.Governing Law and Venue

1. 22.1

   Governing law. These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Florida, without regard to conflict-of-laws principles, and, where applicable, the federal laws of the United States.

2. 22.2

   Venue. Subject to Section 23, any action arising out of or relating to these Terms or the Site must be brought exclusively in the state courts located in Orange County, Florida, or the United States District Court for the Middle District of Florida, Orlando Division. You and JHI each consent to the personal jurisdiction of those courts and waive any objection to venue there, including on the ground of inconvenient forum.

3. 22.3

   Exceptions. Either party may bring a qualifying individual claim in the small claims division of the County Court in and for Orange County, Florida, and JHI may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to protect its intellectual property or the security of the Site.

4. 22.4

   [OPTIONAL — counsel to decide: If you are a consumer who lives outside Florida, this Section 22 does not deprive you of the protection of any mandatory provision of the law of your state of residence.]

23.Dispute Resolution

1. 23.1

   Informal negotiation. Before filing any claim, other than a small-claims action or a request for urgent injunctive relief, the party raising a dispute must send the other a written notice describing the dispute and the relief sought (a “Notice of Dispute”). A Notice of Dispute to JHI must be sent as provided in Section 28.1; JHI may send one to the email or postal address it holds for you. For thirty (30) days after the notice is received, the parties will try in good faith to resolve the dispute, including by telephone or in-person discussion if either requests it.

2. 23.2

   Tolling. Any applicable limitation period is tolled during that thirty-day period.

3. 23.3

   Proceedings. If the dispute is not resolved within that period, either party may begin proceedings in accordance with Section 22 [or, if counsel adopts Section 23.4, in accordance with that Section].

4. 23.4

   [OPTIONAL — COUNSEL TO DECIDE WHETHER TO INCLUDE AN ARBITRATION AGREEMENT OR CLASS ACTION WAIVER. IF EITHER IS INCLUDED, IT MUST BE PRESENTED CONSPICUOUSLY, AND COUNSEL SHOULD CONSIDER WHETHER THE SITE’S METHOD OF ACCEPTANCE WILL SUPPORT ENFORCEMENT. SAMPLE TEXT FOLLOWS.]

   1. (a)

      [Arbitration. Any dispute not resolved under Section 23.1 will be resolved by final and binding individual arbitration administered by [ARBITRATION PROVIDER] under its consumer rules then in effect, in Orange County, Florida, or by video conference at your election. The Federal Arbitration Act governs this Section 23.4.]

   2. (b)

      [CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND JHI MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.]

   3. (c)

      [Exceptions. The exceptions in Section 22.3 continue to apply.]

   4. (d)

      [Opt-out. You may opt out of this Section 23.4 by written notice to JHI within thirty (30) days after you first accept these Terms, without affecting any other provision.]

   5. (e)

      [Costs. JHI will pay [ARBITRATION FEE ALLOCATION — counsel to decide] of the filing, administrative, and arbitrator fees for any arbitration you begin.]

5. 23.5

   [OPTIONAL — counsel to decide: JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND JHI EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE.]

24.Suspension and Termination of Access

1. 24.1

   JHI may suspend, restrict, or terminate your access to all or part of the Site at any time, with or without notice, if JHI reasonably believes you have breached these Terms, if the law requires, or to protect the Site, JHI, or others, including by blocking IP addresses or by similar technical means.

2. 24.2

   You may stop using the Site at any time. To stop communications, see Section 12.5; to ask JHI to delete personal information, see the Privacy Policy.

3. 24.3

   Suspension or termination of access does not affect any Enrollment Agreement, which may be terminated only under its own terms, or any right or obligation that arose beforehand.

25.Electronic Communications and Electronic Signatures

1. 25.1

   Consent to electronic communications. By using the Site, making a Submission, or emailing JHI, you consent to receive communications from JHI electronically, including by email and by notices posted on the Site, and agree that electronic agreements, notices, and disclosures satisfy any legal requirement that they be in writing, to the extent permitted by applicable law.

2. 25.2

   Electronic signatures. Checking a consent box, clicking a submit button, or typing your name in connection with the Site is your electronic signature and has the same legal effect as a handwritten signature, to the extent permitted by applicable law.

3. 25.3

   Enrollment documents. Before providing an Enrollment Agreement, or any disclosure that the law requires to be given to you in writing, by electronic means, JHI will obtain your separate consent in the manner applicable law requires, including telling you the hardware and software you need, your right to a paper copy, and how to withdraw consent [counsel to confirm the consent process].

4. 25.4

   Practicalities. You are responsible for keeping your email address current with JHI. You may request a paper copy of these Terms or of any electronic communication from JHI [free of charge — owner to confirm]. You may withdraw consent to electronic communications by contacting JHI, although JHI may then be unable to respond to you by email.

26.Entire Agreement and Order of Precedence

1. 26.1

   Entire agreement. These Terms, the Privacy Policy, and any terms these Terms expressly incorporate are the entire agreement between you and JHI concerning the Site and supersede all prior understandings concerning the Site.

2. 26.2

   Order of precedence. If documents conflict:

   1. (a)

      on any matter relating to a Course, including enrollment, prices, fees, payment, schedules, attendance, cancellations, refunds, course materials, continuing education reporting, and student records, the Enrollment Agreement prevails, followed by any written course policy it incorporates, then these Terms, then the Content;

   2. (b)

      on any matter concerning personal information collected through the Site, the Privacy Policy prevails over these Terms; and

   3. (c)

      on all other matters concerning the Site, these Terms prevail over the Content.

3. 26.3

   Content is not contractual. Course descriptions, prices, schedules, and other Content are informational and form part of a contract only to the extent that an Enrollment Agreement expressly incorporates them.

27.Force Majeure

1. 27.1

   JHI is not liable for any delay or failure in making the Site available or in performing any obligation under these Terms to the extent caused by events beyond its reasonable control, including hurricanes, tropical storms, floods, fires, and other natural disasters; epidemics and public health emergencies and related governmental orders; power, internet, or telecommunications failures; failures of hosting or other service providers; cyberattacks; war, terrorism, or civil disturbance; labor disputes; and acts of any governmental authority or other Third-Party Body. The effect of any such event on a Course is governed by the Enrollment Agreement.

28.Notices

1. 28.1

   Notices to JHI. Legal notices to JHI, including a Notice of Dispute, must be in writing and sent by United States certified mail, return receipt requested, or nationally recognized overnight courier to [LEGAL ENTITY NAME], Attention: [NOTICE RECIPIENT — owner to confirm], Suite 251, 6100 Lake Ellenor Drive, Orlando, Florida 32809, with a copy to info@judehealthinstitute.com, and are effective on receipt.

2. 28.2

   Notices to you. JHI may give you notice by email to the address you provided, by telephone, or by posting on the Site. Email notice is effective when sent, and posted notice when posted.

3. 28.3

   Routine requests, including requests to unsubscribe, need not follow Section 28.1.

29.General Provisions

1. 29.1

   Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

2. 29.2

   Waiver. No failure or delay by JHI in exercising any right is a waiver of it. A waiver is effective only if in writing and signed by an authorized representative of JHI.

3. 29.3

   Assignment. You may not assign these Terms or any right or obligation under them without JHI’s prior written consent. JHI may assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind the parties’ successors and permitted assigns.

4. 29.4

   Headings and interpretation. Headings are for convenience only and do not affect interpretation. The singular includes the plural, and references to Sections are to sections of these Terms.

5. 29.5

   Third parties and relationship. Except for the JHI Parties under Sections 20 and 21, no one other than you and JHI may enforce these Terms. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship.

6. 29.6

   Translations. These Terms are written in English. Any translation is provided for convenience only, and the English version controls to the extent permitted by applicable law.

7. 29.7

   Survival. Sections 6, 7, 13, 14, 16, and 19 through 29, and any other provision that by its nature should survive, survive any suspension or termination of your access to the Site.

8. 29.8

   Statutory rights. Nothing in these Terms limits any right you have under applicable law that cannot be waived or limited by contract.

30.Contact Us

Questions about these Terms may be directed to Jude Health Institute ([LEGAL ENTITY NAME]), Suite 251, 6100 Lake Ellenor Drive, Orlando, Florida 32809; by telephone at (407) 606-7964; by email at info@judehealthinstitute.com; or through the Site at judehealthinstitute.com.