Last Updated June 30, 2023
Welcome to Nursegrid Learn! These Terms of Use (or “Terms”) govern your use of Nursegrid Learn and learn.nursegrid.com, as well as access to courses via healthstream.com/HSAPP) (“Nursegrid Learn”) provided by HealthStream, Inc. (together, with subsidiaries and affiliates, “HealthStream”, “us” or “we”). Please read these Terms carefully. If you have any questions, please contact us at learnsupport@nursegrid.com.
BY ACCESSING OR USING NURSEGRID LEARN, YOU ACCEPT THESE TERMS AND ALL DOCUMENTS INCORPORATED BY REFERENCE HEREIN. You can also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form. These Terms will remain in effect as long as you access Nursegrid Learn or maintain a Nursegrid Learn profile. You acknowledge that we may make changes to Nursegrid Learn at any time. If you do not agree to these Terms, do not access or use Nursegrid Learn.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND HEALTHSTREAM.
Nursegrid Learn offers online, on-demand access to nursing licensure and career learning resources to support registered users (“Users”) to meet their ongoing nursing education and licensing goals. Users can purchase individual nursing continuing education courses or subscribe to Nursegrid Learn on an annual basis. If you subscribe to Nursegrid Learn, your subscription starts the day you subscribe upon our receipt of full payment of the annual subscription amount and automatically renews every 12 months unless you cancel it prior to such renewal. You acknowledge that your and our obligations under the subscription begin anew with each renewal, and that we owe you no obligations beyond each successive annual subscription period.
To use Nursegrid Learn, you must be at least 18 years old and reside in the United States or any of its territories or possessions. By installing or using Nursegrid Learn, you represent and warrant that you are of legal age to form a binding contract with us and you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use Nursegrid Learn.
The courses and other Contents (described in Section 9) offered on Nursegrid Learn may relate to your career and the provision of healthcare, but Nursegrid Learn is not career, medical, or any other form of professional advice. YOU UNDERSTAND AND AGREE THAT ALL NURSEGRID LEARN CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NURSEGRID LEARN DOES NOT OFFER CAREER, EMPLOYMENT, MEDICAL, OR LEGAL ADVICE, OR ANY TYPE OF COACHING, ADVISING, OR PROFESSIONAL SERVICE. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other User, or by anyone who may be informed thereof. If you have employment or career questions, you are advised to speak with your supervisor or legal counsel. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or any other situations necessitating professional advice or services from an individual holding the requisite licenses.
At Nursegrid Learn, your privacy is of the highest priority. Any personal information you submit to us via Nursegrid Learn is treated as described in the Privacy Notice for Nursegrid and Nursegrid Learn, which is incorporated into these Terms by this reference.
As a User, if you purchase a single course or subscription, you are prompted to connect your existing hStreamID or create a new hStreamID to use on Nursegrid Learn. The hStreamID gives you access to the HealthStream Learning Center, where you can access the Nursegrid Learn courses you have purchased. Your hStreamID is governed by the HealthStream Privacy Statement.
Your hStreamID and Nursegrid Learn account are personal to you and you agree not to provide any other person with access to Nursegrid Learn using your credentials. You are responsible for maintaining the confidentiality of your credentials, and you are responsible for all activities that occur using your credentials. You represent and warrant that any information you submit to us is truthful and accurate and you will maintain the accuracy of that information. You agree to not do anything that might jeopardize the security of your account and to notify us immediately of any unauthorized access to or use of your credentials or any other breach of security.
You agree to pay the fees associated with the Nursegrid Learn courses that you purchase or to which you subscribe and any changes you make to your selections from time to time, as well as any and all applicable sales and use taxes for the purchase of your subscription based on the address that you provide when you register as a User. All fees are quoted in United States dollars. Billing for your subscription starts on the day you purchase your subscription. You will be billed for each calendar day of your subscription including a full calendar day on the day you sign up.
We may, at our option, offer discounts or promotions from time to time. Eligibility, terms and conditions of discounts and promotions are described on Nursegrid Learn at the time offered. We reserve the right to rescind or discontinue a discount or promotion if we determine that a User is ineligible or for any other reason in our sole discretion.
You must maintain a valid payment method associated with your account. You expressly authorize us to charge your payment method for the fees of your subscription or individual courses purchased, along with any sales and use taxes. You will not be granted access to your purchased courses or subscription until we receive your payment in full. You represent and warrant that the payment information you provide to us is correct and accurate and you are using a payment method that you are legally authorized to use for this purpose. You agree that you are solely liable for any payment or credit card fraud, abuse, or unauthorized use by you or others.
A User may cancel an Nursegrid Learn subscription by sending a written cancellation request to learnsupport@nursegrid.com. A subscription will not auto-renew if the cancellation request is received at least 24 hours prior to the subscription anniversary date.
Unless otherwise noted in the description for a particular course, a User may receive a refund for a course if (i) the User sends a written refund request to learnsupport@nursegrid.com within thirty (30) days of purchasing the course and (ii) the User has completed less than fifty (50%) percent of the course, the coursework is not completed, the User has not begun the course final exam, and the User has not claimed, saved, e-mailed or downloaded certificate of completion for the course. No refunds are available under any other circumstances.
Unless otherwise expressly indicated, Nursegrid Learn and the information and contents included thereon, including but not limited to all images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information and screens appearing in Nursegrid Learn, and other materials, as well as names, logos, taglines, trade dress, and other trademarks on Nursegrid Learn, are copyrights, trademarks, trade dress or other intellectual property (collectively, the “Contents”) owned, controlled, or licensed by HealthStream or its affiliates, or are the property of their respective owners. The Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. Without limiting the generality of the foregoing, Nursegrid Learn courses are Contents that are created and owned by HealthStream or created by our content partners and licensed by HealthStream.
Subject to these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Nursegrid Learn and the courses to which you purchase access for your own personal, non-commercial purposes. Nursegrid Learn (including the Contents) is licensed to you, not sold. Except as expressly provided in these Terms, no license to or regarding any of the Contents is granted in connection with your use of Nursegrid Learn. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel, or otherwise any ownership, license, or other grant of right to any copyright, trademark, or other intellectual property of HealthStream or any third party. Only a duly authorized officer of HealthStream may grant permission or a license to use any of our Contents; any attempted grant or similar promise by anyone other than a duly authorized officer of HealthStream is invalid. We reserve all rights not expressly granted in these Terms. The permissions described herein will terminate automatically if you breach any of these Terms of Use.
HealthStream may make Nursegrid Learn available through one or more mobile applications. If you access Nursegrid Learn through a mobile application, you must have a compatible mobile telephone or handheld device, Internet access, and the necessary minimum specifications (“Software Requirements”). The Software Requirements for Apple iOS devices and Android OS devices can be found on the relevant App Store page. Software may be upgraded from time to time to add support for new functions and services. The mobile application may request certain privacy permissions from time to time such as access to your calendar, device camera or microphone, or other apps and associated features on your device. You acknowledge that the terms of the agreement with your respective mobile network provider will continue to apply when using Nursegrid Learn on a mobile application. Data and messaging charges may apply to such use, and you accept responsibility for any such charges that arise. If you are not the bill payer for the mobile device used to access Nursegrid Learn on a mobile application, you will be assumed to have received permission from the bill payer for such use.
You agree to (i) use Nursegrid Learn in compliance with these Terms and applicable laws and (ii) never use Nursegrid Learn to transmit any personal health information, medical advice, diagnoses, or any other service that requires professional licensure. Any other use of the Contents in Nursegrid Learn including reproduction for purposes other than as noted above, without the prior written permission of HealthStream, is strictly prohibited.
You agree to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer Nursegrid Learn or any portion thereof (including the Contents) or use it in any manner not expressly authorized by these Terms. You may not copy, reverse engineer, translate, port, modify or make derivative works of any portion of Nursegrid Learn. Tampering with Nursegrid Learn, conducting fraudulent activities on Nursegrid Learn and all other illegal activities are prohibited and may subject a User to legal action and/or termination of your access to Nursegrid Learn. You may not use our Contents in any way that might confuse or that disparages Nursegrid Learn or HealthStream in any way.
You may only link to Nursegrid Learn, learn.nursegrid.com, or our Contents if you: (a) link in a way that is fair and legal and does not damage or exploit our reputation or take advantage of it; (b) do not suggest any form of association, approval, or endorsement on our part without our express written consent; and (c) ensure your placement of the link or our Contents is compliant with the standards set forth in with these Terms. We reserve the right to withdraw linking permission or disable all or any social media features and any links at any time without notice in our sole discretion.
Without limiting the foregoing, you are strictly prohibited from using Nursegrid Learn: (t) in a manner that violates any applicable law, rule, or regulation, including without limitation the U.S. CAN-SPAM Act, the Canadian Anti-Spam Legislation, or the Children’s Online Privacy Protection Act, each as amended from time to time; (u) to promote any goods or services or send communications that are illegal in the place offered to consumers; (v) to promote adult services, illegal gambling, counterfeit or pirated goods or services, or violate any securities or commodities regulations (such as to support a “pump and dump” scheme); (w) to defraud, deceive or mislead anyone; (x) to communicate or transmit content that is defamatory, dishonest, obscene, sexually explicit, pornographic, vulgar or offensive; (y) to promote or engage in discrimination, racism, harassment or hate speech against any individual or group; or (z) to threaten or promote violence.
Upon termination of these Terms: (A) the rights and licenses granted to you herein shall terminate as to the terminated rights; (B) you shall cease all use of Nursegrid Learn; and (C) HealthStream may at its own discretion remove and/or purge data, account information, and any other information obtained by us in connection with providing you Nursegrid Learn. HealthStream reserves the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
WE RESERVE THE RIGHT TO IMMEDIATELY DEACTIVATE OR DELETE YOUR ACCOUNT AND ALL RELATED DATA AND RESTRICT ANY FURTHER ACCESS TO SUCH DATA AT ANY TIME IN OUR SOLE DISCRETION FOR ANY OR NO REASON, WITH OR WITHOUT NOTICE.
Users may have the opportunity to participate in message boards or other interactive features (“Interactive Features”) on Nursegrid Learn or through certain courses. All User Content (defined in Section 16) posted to Interactive Features is public, not private. You are solely responsible and assume all risks for your use of any Interactive Features, including any User Content you post and your interactions with other Users.
We will use commercially reasonable efforts to maintain the availability of Nursegrid Learn. You agree and understand that there will be times when Nursegrid Learn will not be available, such as scheduled maintenance times; outages; emergency maintenance; unavailability caused by software, hardware, other Users; and causes beyond our reasonable control. We will make commercially reasonable efforts to notify you of planned downtime and unavailability. We will not be liable if for any reason all or any part of Nursegrid Learn is unavailable at any time or for any period. We reserve the right to withdraw or amend Nursegrid Learn or restrict User access to Nursegrid Learn, and any service or material we provide in connection with Nursegrid Learn, in our sole discretion without notice.
From time to time, we may, in our sole discretion, develop and provide updates to Nursegrid Learn, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any features or functionality. All Updates will be deemed part of Nursegrid Learn and be subject to these Terms.
Any comments, Feedback (defined below), photos, or other materials posted by you to Nursegrid Learn or any course is your User Content. You represent and warrant that: (i) you created and own the rights to the User Content, or you have the owner’s express permission to post User Content; and (ii) the User Content does not infringe any person’s or entity’s rights or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies. User Content must not: (a) misrepresent your identity or affiliation with any person or organization; (b) seek to collect others’ Personal Information by any means; (c) seek to transmit chain letters, or bulk or junk email; (d) relate to contests, sweepstakes, or other sales promotions; (e) include information that may be used to track, contact, or impersonate another individual; (f) infringe any intellectual property or other proprietary rights of Nursegrid Learn or HealthStream or any other person; (g) seek to harm or exploit children; (h) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful; (i) violate our or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (j) be otherwise objectionable as determined by us at our sole discretion.
You grant to HealthStream an irrevocable, worldwide, royalty-free, fully-paid, sub-licensable, perpetual license to use, reproduce, make derivative works from, distribute, publish, display, or perform your User Content in whole or in part, by any and all means and media, in connection with advertising, marketing, and promoting HealthStream, its products, and services. You acknowledge that HealthStream may modify the User Content for any purpose. However, HealthStream has no obligation to use any User Content, and our use of any User Content does not create or imply any endorsement of or affiliation with you. HealthStream takes responsibility and assumes no liability for any User Content that you post to Nursegrid Learn or any course. We do not endorse any User Content, and the User Content posted does not reflect our opinions, views, or advice. HealthStream reserves the right, but has no obligation to, monitor, modify, post, or remove User Content for any reason without notice.
If you submit feedback related to Nursegrid Learn (“Feedback”), you hereby grant to us all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into HealthStream products or services. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
HealthStream may, from time to time, deidentify the Personal Information (“Deidentified Information”) that we collect from your use of Nursegrid Learn and combine it with others’ Deidentified Information in order to generate reports and studies. Any such reports or studies are the sole and exclusive property of HealthStream. You hereby assign any rights you may have to such reports, studies, and your Deidentified Information contained therein to HealthStream in perpetuity throughout the world for any and all present or future uses in any and all languages and for no compensation. All Deidentified Information will be treated as nonconfidential and nonproprietary. We shall be under no obligation of any kind with respect to such Deidentified Information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Reports to others without limitation. Additionally, we may use any ideas, concepts, know-how, or techniques contained in generating reports or studies for any purpose whatsoever, including but not limited to developing, manufacturing, or marketing products incorporating such information.
Nursegrid Learn, learn.nursegrid.com, and all related names, logos, products and service names, designs, and slogans are trademarks of HealthStream or its affiliates or licensors. You must not use, copy, or imitate such marks, whether in whole, partial, or modified form, without the prior written permission of HealthStream. You may not use any meta tags or any other hidden text utilizing a Nursegrid Learn or HealthStream name, trademark, or product name without HealthStream’s prior written permission. Third-party trademarks and service marks used on Nursegrid Learn are the property of their respective owners, and we use them with their consent. HealthStream and the other licensors of the marks on Nursegrid Learn reserve all rights with respect to all Contents and all intellectual property.
You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of Nursegrid Learn or the Contents without the prior written permission of HealthStream. You may only display, download, or print the Contents for the purpose of using Nursegrid Learn as an internal or personal business resource.
HealthStream takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Upon receipt of a DMCA-compliant notice, we will expeditiously remove or disable access to the content that is the subject of the notice. If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may contact the HealthStream Deputy General Counsel at 500 11th Avenue, North, Suite 1000, Nashville, TN 37203 or by email to webmaster@healthstream.com with the following information (you should speak with your legal counsel or See 17 U.S.C. § 512(c)(3) to confirm these requirements):
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice. If material is believed in good faith by HealthStream to infringe a copyright or otherwise violate any intellectual property rights, HealthStream will remove or disable access to the material.
You hereby agree not to use any device, software, or routine to interfere or try to interfere with the proper working of Nursegrid Learn or any activity being conducted via Nursegrid Learn. You further agree not to use or try to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search Nursegrid Learn other than the search engine and search agents that we make available via Nursegrid Learn and other than the generally available third-party web browsers.
You are strictly prohibited from violating or trying to violate our security features, such as by: (i) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (iii) attempting to interfere with service to any User, host, or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (iv) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
Links to websites from Nursegrid Learn are provided solely for your convenience. We are not responsible for the content of any other websites, nor do we make any representations about the content or accuracy of material on any other websites. The inclusion of any linked website on Nursegrid Learn does not imply our approval or endorsement of the website. Please be aware that when you click on links that take you to external websites, you do so at your own risk, and you will be subject to their privacy policies and practices and not ours. Any concerns regarding any such website, service, or resource, or any hyperlink thereto, should be directed to the website’s owner or operator.
YOU USE NURSEGRID LEARN AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NURSEGRID LEARN IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT THAT NURSEGRID LEARN WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WITHIN NURSEGRID LEARN WILL BE CORRECTED.
WE MAKE NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH NURSEGRID LEARN OR RELATING TO NURSEGRID LEARN’S AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY, OR COMPLETENESS. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION, OR ADVICE GIVEN BY HEALTHSTREAM SHALL CREATE A WARRANTY WITHOUT A WRITING SIGNED BY HEALTHSTREAM REFLECTING THE CREATION OF SUCH WARRANTY.
HEALTHSTREAM WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF NURSEGRID LEARN. ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WE SHALL NOT BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE FEES ACTUALLY PAID BY A USER UNDER THIS AGREEMENT IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS, AND, IN EACH CASE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless HealthStream, its subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of NurseGrid Learn, including, but not limited to, your violation of these Terms, your User Content, any use of NurseGrid Learn or its Contents and related products and services other than as expressly authorized in these Terms or your use of any information obtained therefrom.
Any controversy or claim between you and HealthStream arising out of or relating to: (i) these Terms, or the breach thereof; or (ii) your access to or use of Nursegrid Learn; or (iii) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and must commence within one (1) year after the cause of action arises or the claim is permanently barred.
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Nashville, Tennessee but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The Federal Arbitration Act, Tennessee state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Davidson County, Tennessee, USA to enforce these Terms. However, judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The prevailing party shall be entitled to an award of reasonable attorneys’ fees. In arbitration, the parties give up their right to have their Claim decided by a judge or jury, and their Claim is instead decided by an arbitrator. Discovery rights and appellate rights in arbitration are more limited than in court. The arbitrator shall issue a reasoned award in writing, including all findings of fact and law upon which the award was made.
YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST HEALTHSTREAM RELATED TO ANY CLAIM, DISPUTE, OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST HEALTHSTREAM OTHERWISE COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THESE TERMS. YOU AND HEALTHSTREAM EACH AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
UNLESS BOTH YOU AND HEALTHSTREAM AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A CLAIM IMPLICATES THIS SECTION, AND IF THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT OF COMPETENT JURISDICTION, THEN SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
