End of Life Choices New York

These terms and conditions apply to services and courses provided by End of Life Choices New York, Inc. (“EOLCNY” or “we” or “us”). 

You may contact us at [email protected] 

These terms and conditions apply to the sale of any Online Course and/or Taught Course.  Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.

By registering for and/or purchasing a course you agree to the terms of this agreement which will bind you.  If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us. 

The Terms are effective as of March 1, 2022 and are subject to change without notice by EOLCNY at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.

1. Definitions

“Course Materials” means the information provided by EOLCNY to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” means the fees paid by you to EOLCNY for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.

“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.

“Taught Course” means a course taught by us in a classroom setting to which you attend in person.

“Website” means endoflifechoicesny.org or endoflifechoicesny.thinkific.com

“you” means the individual purchasing the Services.

2. The Services

2.1. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3 We expect you to confirm that the Services you are purchasing will meet your needs.  We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services. 

3. Purchasing Services via the Website

3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website.  If you already have an account with us you can log into your account using your user name and password.

3.2 Links to external websites are provided solely as a convenience to you. EOLCNY has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.

4. Fees

4.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them. 

4.2. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase.  

4.3. If you select to enroll in a payment plan, you must complete all monthly payments on time. Failure to pay each monthly payment on time may result in termination or suspension of your account.

4.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and EOLCNY shall not be responsible for these.

4.5. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.

4.6. No refunds are guaranteed.

5. Liability

5.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of professional, legal, or medical advice.

5.2. Although EOLCNY aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

5.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.  Subject to clause 5.4 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

5.4. To the fullest extent permissible by law, you shall indemnify and hold harmless the EOLCNY, its directors, officers, agents, and employees from and against all claims, damages, losses, and expenses (including but not limited to attorney’s fees).

6. Intellectual Property

6.1. All Intellectual Property Rights in the Course Materials, Online Courses and the presentations made by trainers at the Taught Courses are, and remain, the intellectual property of EOLCNY or its licensors, whether adapted, written for or customized or not. Nothing in this agreement is intended to claim rights to materials provided to you from other individuals and entities that are publicly-available as of March 23, 2022.

6.2. You are not authorized to:

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;

(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given

(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright or other notice of EOLCNY on the Course Materials;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

Breach by you of this clause 7 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

6.3. EOLCNY provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Course Materials”). EOLCNY authorizes each user to view the Course Materials. Materials may not be downloaded unless given permission. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.

7. Termination

7.1. We shall be entitled to suspend and/or terminate your account, and seek legal or financial resource, and cease to provide you with any Services with immediate effect in the event that you violate these terms and conditions. 

8. Entire Agreement

These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

9. Force Majeure

EOLCNY shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

10. Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

11. Applicable Law

The Terms of Use are governed by the laws of the United States of America. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. EOLCNY may assign its rights and duties under the Terms of Use without notice to any party at any time.