ONS Terms of Use

Please read these Terms carefully. They create an enforceable contract and contain important information about your legal rights, remedies, and obligations. These Terms include an arbitration provision requiring individual arbitration of disputes instead of jury trials or class actions.  

These Terms apply to your activities on each website that links to these Terms, as well as all products and services available via such websites (“Services”). You agree to these Terms by accessing or using the Services, creating or accessing your account, or making a purchase. If you do not agree to these Terms, then you may not use Services.

Services are provided by Oncology Nursing Society, Oncology Nursing Certification Corporation, or Oncology Nursing Foundation, as applicable (“we”, “us”, “our”, and similar words even if not capitalized, and together, “group companies”). All references to “you” and similar words such as “your” (even if not capitalized) mean the individual using Services, and if you are using Services on behalf of an organization, it means both you and that organization. If you use Services on behalf of an organization, you represent that you are authorized to use Services on behalf of that organization and you are agreeing to these Terms and the other policies referenced in these Terms on behalf of both you and that organization. You state that you are of legal age in the jurisdiction in which you reside to form a binding contract with us.

We provide details regarding our processing of personal data in our Privacy Policy, which is available here: https://www.ons.org/privacy-policy. By accessing or using the Services, you consent to our collection and use of your information, as described in the Privacy Policy.

1. Additional Terms and Conditions. Other terms and conditions may apply, as applicable to a particular Service, and are incorporated herein. If there is a conflict between these Terms and those other terms, the other terms will control with respect to the particular Service, and our obligations, if any, with respect to the particular Service are governed solely by those other terms and conditions, and nothing in these Terms should be construed to alter those other terms and conditions.

• ONS Membership Terms and Conditions, available here: https://www.ons.org/legal-notices/membership-terms-conditions
• ONS Congress Terms and Conditions, available here: https://www.ons.org/congress/2024/ons-congress-terms-and-conditions
• ONS Code of Conduct, available here: https://www.ons.org/code-of-conduct
• Course Cancellation Policy, available here: https://www.ons.org/course-cancellation-policy
• Educational Integrity Statement, available here: https://www.ons.org/educational-integrity-statement  

2. Your Account

     2.1. Account. You may need to create an account to use certain Services, and you may be required to be logged in to the account and have a valid payment method associated with it. When creating and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address.

     2.2. Responsibility. You are solely responsible for your account and everything that happens on your account, whether authorized or not. Accordingly, you must maintain the confidentiality of your account and login credentials. You may not use anyone else’s account, share accounts, or transfer accounts.  You will notify us immediately if you believe that someone else may be using your account without your authorization. If you request access to an account, we may ask that you provide information for verification purposes.

     2.3. Communications by Telephone. If you communicate with us by telephone about your account, you agree that purchases you make via those communications are validly authorized by you.

    3. Purchases; Payments; Refunds

     3.1. Purchases. You agree to pay fees for purchases, and you authorize us to charge your supplied payment method for the amounts described in your checkout process. You agree not to use an invalid or unauthorized payment method. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.  If we are unable to process payment, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may restrict, suspend, or terminate your access to Services. If your payment method fails and your purchase is nevertheless processed, you agree to pay the applicable fees within 30 days of notification from us. We reserve the right to disable access to Services for which we have not received adequate payment.

     3.2. Installment or Subscription Purchases. If you make a purchase with an installment or subscription option that we offer and fail to pay any installment or subscription payment, then we may terminate your right to use the Services. If you terminate an installment or subscription purchase early, then termination will be effective at the end of the then-current subscription term (even if you stop using the subscription early) and you will be responsible for all payments remaining for the then-current subscription term.

     3.3. Refunds. Except as provided in these Terms, purchases are non-cancelable and non-refundable. Certain purchases are eligible for a refund in accordance with our Course Cancellation Policy, which is available here: https://www.ons.org/course-cancellation-policy.

     3.4. Refund Abuse. At our discretion, if we believe you are abusing our refund policy (e.g., consuming the content before requesting a refund or previously requesting a refund for the content), we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict, suspend, or terminate use of the Services. If we ban your account or disable your access, you will not be eligible to receive a refund.

     3.5. Taxes. Unless you provide us with a valid and correct tax exemption certificate, you are responsible for sales and other applicable taxes.

     3.6. Codes. Purchases may include or be accessible via codes. If the applicable code’s value is insufficient for a purchase, we may require that the remaining balance be paid by credit card or other acceptable means of payment. A code cannot be reloaded, resold, redeemed for more than its value, transferred for value, redeemed or exchanged for cash, returned, or refunded (except to the extent required by law or as otherwise authorized by us), or used in a manner otherwise prohibited by these Terms. We reserve the right to decline to honor a code in the event of a disputed charge, bounced check, other failure of consideration, or if we suspect it was obtained fraudulently. We will not be responsible for codes that have been lost, stolen, destroyed, expired, misplaced, improperly redeemed, or used without your permission or authorization. You are solely responsible for everything that happens through your codes. As applicable, you may not use anyone else’s codes or share codes. You agree to notify us of any unauthorized use of your codes, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Services due to someone else using your code as a result of your failing to keep your codes secure and confidential.

     3.7. Shipping. For physical products, risk of loss and title passes to you when the product ships. You are responsible for inspecting each package upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt the carrier asks you to sign. We are not responsible for any visible shipping damages not noted on the delivery receipt.

     3.8. Pricing and Availability. Prices and promotions are subject to change. We strive to communicate accurate pricing and product information, but errors may occur. In the unlikely event that an error impacts your order, or a Service is no longer available, we will either contact you for instructions or cancel your purchase.

    4. Use of Services

      4.1. Use of Services. Subject to these Terms and any other terms applicable to particular Services, we grant you permission to use the Services. This permission is limited to your internal, non-commercial use and is personal, non-exclusive, non-transferable, non-sublicensable, and revocable.

     4.2. Restrictions. You may not, directly or indirectly, in whole or in part:

• modify, copy, reproduce, perform, create a derivative work of, reverse engineer or reverse assemble, license, or commercially exploit the Services;
• frame, mirror, or attempt a similar technique on the Services, or remove any identification, copyright, or other proprietary notices from the Services;
• attempt to gain unauthorized access to the Services, such as by circumventing or disabling any content protection system or digital rights management technology;  
• damage, disable, overburden, or impair the Services or interfere with another party’s use of the Services;
• use the Services to develop a competing product or service;
• disclose information through the Services that you do not have the consent to disclose;
• create a false identity for the purpose of misleading us or others or use Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as us);
• use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
• use the Services to violate a third party’s intellectual property, privacy, publicity, or other rights, or to transmit or disseminate inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information, or to defame, abuse, harass, stalk, or threaten others;
• introduce any viruses, worms, or other harmful components into the Services;
• harvest or otherwise collect information about others, including e-mail addresses;
• use the Services for medical advice, as a substitution for independent clinical judgment, or in violation of applicable laws or regulations;
• use Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Services, or in violation of any applicable U.S. or other export and re-export restrictions;
• use the Services if you are below the required age for consent to use the Services;
• attempt to use the Services without our express permission after we have terminated your right to do so;
• violate our Educational Integrity Statement, which is available here: https://www.ons.org/educational-integrity-statement; or
• violate our Code of Conduct, which is available here: https://www.ons.org/code-of-conduct.
• use any part of the Services as a prompt to Artificial Intelligence (AI) tools or language models or train any language model with the Services. 
• use the Services to create new AI content without our prior written consent. 

5. Operation and Administration of the Services. You acknowledge that we may do any of the following, with or without notice modify, suspend, or terminate the Services, in whole or in part, for any reason. We may also perform routine or non-routine maintenance, error correction, or other changes. We reserve the right to remove, limit, or restrict any content you submit or post on or through the Services in our sole discretion.  We reserve the right to access, read, preserve, and disclose information we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to support requests, or (e) protect the rights, property or safety of us, our users and customers, and the public. 
6. Our Rights to Content You Provide. By submitting or posting content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with us for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit, and such content will not violate any third party’s intellectual property, privacy, publicity, or other rights. You also agree to all such uses of your content with no compensation paid to you.
7. Electronic and Telephonic Communications. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Telephone communications with us, our agents or independent contractors may be monitored and/or recorded. You consent, on behalf of yourself and other users of your phone number, to such monitoring or recording. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you on that number via text message or telephone, including via prerecorded or auto-dialed calls. This consent is for non-telemarketing calls only.
8. Intellectual Property. The Services are owned, controlled, or licensed by or to us, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Your use of the Services does not grant any rights to you other than the right to use the Services except as permitted by these Terms. We reserve all rights in the Services. You may not use our name or any of our trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Udemy or the Services is voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
9. Links to Other Sites. The Services may contain links to third-party sites, which we provide solely as a convenience to you. These third-party sites are not under our control, and we are not responsible for and do not endorse these third-party sites. If you use any links to third-party sites, you may be subject to any terms of use and privacy policies applicable to those third-party sites.
10. Termination. We reserve the right to restrict, suspend, or terminate your use of any or all of the Services (including your account and deleting Your Content) for any reason with or without notice. If you do not have an account, you can stop using the Services at any time and doing so will terminate the applicability of these Terms to you with respect to those Services. If you have an account, you can terminate your account at any time by contacting us here: https://help.ons.org/support/tickets/new. If you owe us any amounts at the time of termination, then you must promptly pay all such amounts. We reserve the right to close an account when the user dies.
11. Disclaimers. We do not promise that the Services will be error-free or uninterrupted, that defects will be corrected, that your use of the Services will provide specific results, or that the services will be free of viruses or harmful components. The Services do not provide medical advice and do not serve as substitutes for independent clinical judgment. The Servies are offered on an “as is” and “as available” basis. All information contained in the Services is subject to change without notice. We disclaim all warranties (express, implied, and statutory), including but not limited to any warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement, and all liability for identity theft and other misuse of your identity or Your Content. We disclaim any liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Services. We do not vet content submitted by users of the Services, and we do not represent or guarantee that any such content is truthful or accurate or that you will have any right to use that content. We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, costs of obtaining substitute goods or services, or personal injury or death), arising out of or related to your use of the Services. Unless otherwise stated in these Terms, your sole remedy against us for dissatisfaction with the Services is to stop using the Services. This disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
12. Limitations of Liability. Except where prohibited by law, in no event will we (including our group companies) be liable to you for any indirect, consequential, incidental, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. If, notwithstanding these Terms, we are found liable to you for any damage or loss arising out of or relating to these Terms or your use of the Services, our liability (and the liability of each of our group companies) will not exceed the greater of (a) $100, or (b) the amount you paid (if any) for the Services giving rise to the liability.
13. Indemnification. You agree to indemnify, defend (if we so request), and hold harmless us (including our group companies and our and their officers, directors, employees, suppliers, partners, and agents, and the successors and assigns of each of the foregoing) from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from: (a) Your Content; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
14. General

      14.1. Modifications to These Terms. We may modify these Terms from time to time to reflect new or different practices or features, and we reserve the right in our sole discretion to modify these Terms at any time. If we make a material change, we will notify you using prominent means, such as email notice to the email address specified in your account or by posting notice through the Services. Modifications will be effective on the day they are posted unless otherwise stated. Your continued use of the Services after modifications become effective means that you accept those changes.

     14.2. Governing Law; Jurisdiction. You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Pennsylvania without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Allegheny County, Pennsylvania, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within 1 year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

     14.3. Dispute Resolution. All disputes arising out of or related to these Terms or matter arising out of or relating thereto, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and, you agree that you are waiving your right to trial by a jury. You agree that any arbitration under these terms will take place on an individual basis; class arbitrations and class actions are not permitted and, you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by these Terms. Any in-person hearings or appearances shall be held in Allegheny County, Pennsylvania. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow these Terms and shall be final and binding. The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

     14.4. Waiver. Our failure to insist on or enforce strict performance of these Terms will not operate as a waiver by us of any provision or any right we have to enforce these Terms, nor shall any course of conduct between us and you or any other party be deemed to modify these Terms.

     14.5. Severability. If a court of competent jurisdiction determines any provision of these Terms to be invalid or unenforceable, that provision will be severable and will not affect the validity or enforceability of any other provision of these Terms.

     14.6. Survival. Provisions of these Terms that by their nature survive termination will so survive, including but not limited to the restrictions, disclaimers, limitations, indemnities, our rights to use your content, and dispute resolution provisions.

     14.7. Entire Agreement. These Terms, and all policies referenced in these Terms, contain the entire agreement between you and us related to the Services and your use of the Services, superseding all prior discussions and agreements (whether oral or written) by you and us related to the same. These Terms will prevail over any other terms and conditions of any document you issue to us for the Services (such as a purchase order), which will be of no force and effect, even if we accept or do not otherwise reject the document. These Terms cannot be modified by printed or handwritten additions, changes, redlines or blacklines, or strikethroughs. These Terms are to be interpreted without any inference or rule of construction against the party that drafted them.

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Last Updated: September 20, 2024