These Terms and Conditions govern your use of KHI Learning (learning.khi.org), operated by Kansas Health Institute (“KHI,” “we,” “us,” or “our”). By creating an account, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, do not create an account and do not use or access the Services.
- “Account” means the credentials and information used to access KHI Learning.
- “Content” means text, graphics, video, audio, workbooks, handouts, and other materials made available through KHI Learning.
- “Services” means the KHI Learning platform and the courses, tools, and features available through it.
- “User” or “you” means any individual who accesses or registers for KHI Learning.
KHI Learning is intended for working professionals and adult learners. Individuals under 18 may not access or use the Services. By creating an Account, you represent and warrant that you are 18 years of age or older, and you have legal capacity to enter into these Terms.
You must provide accurate information when creating your account and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. KHI may suspend or terminate accounts that violate these Terms or are engaged in illegal or fraudulent use of the Service.
From the date we grant you access until access is suspended or terminated, we grant you a limited, non-exclusive, revocable, non-transferable right to access the Services and view the Content through the Services. Some Content, benefits or functionality may only be available for limited periods. The Services and the Content viewed through the Services may only be accessed by you on a supported device. The Content and Services are for your personal and non-commercial use only and may not be shared with any other person, except as expressly permitted in the Agreement. Except for the foregoing, no right, title or interest is provided to you. You agree not to use the Service for public performances. You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Services or Content therein.
You may view the Content only in geographic locations where KHI offers the Services and has licensed the Content. The available Content may vary by geographic location and may change from time to time.
Except as expressly permitted through the Services, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use the Services, Content and information contained on or obtained from or through the Services. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the Services or Content protections in the Services; use any robot, spider, scraper or other automated means to access the Content or Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services; embed or otherwise distribute the Services on any website, FTP server or other means; insert any code or product or manipulate the Services or Content in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, including any software viruses or any other computer code, files or programs.
When using KHI Learning, including any discussion boards or feedback tools, you agree not to:
- Post unlawful, sexually explicit, obscene, offensive, abusive, threatening, defamatory or deceptive content.
- Promote violence or promote or assist in any form of unlawful activity.
- Discriminate against, or post content that is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age.
- Use the Services, in any way or for any purpose, that is intended to harm any person in any way.
- Impersonate KHI staff, instructors, other users, or any other person.
- Attempt to gain unauthorized access to other accounts or platform systems.
- Use KHI Learning for unsolicited mass communications (“spam”).
Unless otherwise noted, all Content, including workbooks, handouts, videos and other materials on KHI Learning, is the property of Kansas Health Institute and is protected by copyright. Content is provided for your personal educational use. You may not reproduce, redistribute or use KHI Learning content for commercial purposes without KHI's prior written permission.
Where course content links to or references third-party articles or publications, those materials remain the property of their respective owners, and your use of them is subject to the third party's own terms.
KHI does not claim ownership of any content you submit through discussion boards or feedback tools, but by submitting it, you grant KHI a non-exclusive, transferable, royalty-free, perpetual, worldwide license to use, display, distribute, reproduce, modify and moderate that content within KHI Learning. You agree, represent and warrant that you have the right to create or upload the content uploaded to the Services and the right to use and grant KHI a license to all materials of which such content is comprised and that it will not contravene any aspect of these Terms. If KHI determines in its discretion that any such content does not comply with the requirements of these Terms, KHI may delete or disable access to such content.
KHI does not guarantee that KHI Learning or any specific course will be available at all times or any time, and reserves the right to modify or discontinue Content, courses or features at any time without notice.
KHI LEARNING AND ITS CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND KHI DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, REGARDING ACCURACY, COMPLETENESS, TIMELINESS, TRANSLATION, ACCESS, COMPATIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Course content is intended for educational purposes and does not constitute professional, medical or legal advice. KHI does not warrant that KHI Learning will be uninterrupted, error-free, free of viruses or malware or secure.
KHI is not responsible for the function or outcome of any artificial intelligence system. Artificial intelligence systems could infringe or misappropriate intellectual property rights of third parties, disclose without authorization confidential information, commit plagiarism or generate inaccurate results. Should you choose to use artificial intelligence systems, you understand and acknowledge that your input could be used to train the artificial intelligence system and could be used to produce any outcome that you have not authorized or provided license to. You accept and acknowledge that you should not disclose any confidential information to the artificial intelligence system, as there is no agreement in place to protect such information. Notwithstanding anything to the contrary in these Terms, KHI cannot and will not be held liable to you or any third party for any form of damages arising out of your use of any provided artificial intelligence systems in the System, including but not limited to, inaccurate results, intellectual property rights infringement of a third party, decisions or actions taken by you in reliance upon such results out of the use of the artificial intelligence system or any published outcome by you that could create any kind of liability.
To the maximum extent permitted by law, KHI is not liable for any indirect, special, exemplary, punitive, incidental or consequential damages arising from these Terms, your use of KHI Learning or the Content, or KHI’s performance or non-performance, or any other reason, whether in an action of contract or tort (including, without limitation, negligence), whether or not KHI has been advised of the possibility of such damages. In addition, KHI’s maximum liability and your sole remedies will not exceed the amounts actually paid by you to KHI within the 90-day period prior to the claim with respect to the direct cause of the claim. You must promptly notify KHI in writing of any claim arising out of or related to these Terms, the Content, the Services or KHI’s performance or non-performance, but in no case more than 30 days after you knew or should have known of the claim. You may not maintain any such claim for which timely notice has not been made, but in no case more than one year after the cause of action accrues.
The laws of some jurisdictions may prohibit the disclaimer of certain warranties or limitations on the remedies for their breach. To the extent any such laws apply and may not be waived by you, the applicable disclaimers and limitations of liability in these Terms are modified to the extent necessary to comply with such laws.
If KHI is unable to perform any obligation because of any event beyond its reasonable control and/or causes making it illegal, impossible or commercially impractical, including without limitation, acts of God; strikes or labor disputes; failure of the internet, network or communications providers; failure of platform providers; or governmental orders or restrictions, KHI will be relieved from its performance to the extent, and for the duration, that such performance is delayed or prevented by such event or cause.
You may cancel your use of the Services at any time upon notice to KHI. Without limiting the other conditions stated in these Terms, KHI may terminate your use of the Services (1) at any time for any reason or no reason on 30 days prior notice to you, or (2) immediately without prior notice if you breach or violate any obligation, representation or warranty of these Terms or any other contract or obligation to KHI.
Upon termination or cancellation of your use of the Services, your license to use the Services and the Content will immediately cease. The rights and obligations of Sections 5, 7, 8, 9. 10, 11, and 12 will survive any cancellation or termination.
Without limiting any other remedies, if KHI seeks to enforce or chooses to defend a claim arising out of or related to the Agreement, you will pay KHI’s costs and expenses arising therefrom or related thereto, including without limitation, attorneys’ fees, to the extent that KHI substantially prevails in such enforcement or defense.
Your use of KHI Learning is also governed by KHI's Privacy Policy (khi.org/privacy-policy/), which applies to khi.org and KHI Learning alike, and by the KHI Learning Cookie Policy (learning.khi.org/cookies), both of which are incorporated into these Terms by reference.
These Terms and Conditions and the documents and terms incorporated into these Terms and Conditions contain the complete agreement and understanding concerning its subject matter and supersedes all other agreements or understandings. We may update these Terms and Conditions from time to time. Continued use of KHI Learning after a revised version is posted constitutes acceptance of the revised Terms. Any waiver by KHI of any obligation or remedy is not an ongoing waiver. You may not transfer, assign or delegate any interest, right or obligation under these Terms.
These Terms and Conditions are governed by the laws of the State of Kansas, without regard to conflict of law principles. Any dispute arising from these Terms or your use of KHI Learning or Content will be subject to the exclusive jurisdiction of the courts of Kansas.
Questions about these Terms and Conditions can be directed to learning@khi.org.
