National Association for Healthcare Quality
Please read these Terms carefully before you access and use the Educational Resources. By clicking “I agree,” you accept and agree to be bound to and abide by these Terms. If you do not agree to these Terms, you may not access or use the Educational Resources.
- CPHQ Review Course Online provided through www.mynahq.nahq.org;
- CPHQ Online Practice Exam provided through www.mynahq.nahq.org;
- CPHQ Candidate Examination Handbook provided through www.mynahq.nahq.org;
- Online CPHQ review sessions available through NAHQ’s GoToMeeting webinar tool (“Review Session”) and related materials;
- Review Session recordings available through NAHQ’s GoToMeeting webinar tool; and
- Live CPHQ review course and related materials (“Live CPHQ Review Course”);
known collectively as “Educational Resources”. The following terms and conditions, and any documents they expressly incorporate by reference known collectively as “Terms”, govern your access to and use of the Educational Resources.
- Changes to these Terms. We are entitled to revise and update these Terms from time to time, in our discretion. All changes are effective immediately when we post them, and apply to all access and use of the Educational Resources thereafter. Your continued use of the Educational Resources, following the posting of revised Terms, means you accept and agree to the changes. You are expected to check this page each time you access the Educational Resources to ensure you are aware of any changes.
- Accessing Educational Resources. We reserve the right to withdraw or amend the Educational Resources available online (collectively, “Online Educational Resources”), in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Online Educational Resources are unavailable at any time or for any period of time. From time to time, we may restrict your access to some parts or all of the Online Educational Resources.
You are responsible for making all arrangements necessary for you to securely access and use the Online Educational Resources. WITHOUT LIMITING THE FOREGOING, NAHQ IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, OR DATA DUE TO YOUR USE OF THE ONLINE EDUCATIONAL RESOURCES.
To access the Online Educational Resources or the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Online Educational Resources that all the information you provide in connection with the Online Educational Resources is correct, current, and complete.
If you choose, or are provided with, a username, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other individual or entity. You also acknowledge your account is personal to you and you agree not to provide any other person or entity with access to the Online Educational Resources using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure you log off of your account when you are done using the Online Educational Resources. You should use caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, 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 violated any provision of these Terms.
- Intellectual Property Rights. The Educational Resources and their contents, features, and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), as well as HQ Solutions: Resources for the Healthcare Quality Professional (Fourth Edition) and the NAHQ CPHQ Certification Exam are owned by NAHQ, its licensors, or other providers of such material and are protected by United States copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to access and use the Educational Resources for your personal, non-commercial use only, to prepare to take the NAHQ CPHQ Certification Exam. You may not record, reproduce, distribute, modify, create derivative works based on, publicly display, publicly perform, download, store, or transmit any of the Educational Resources, except with respect to your use of the Online Educational Resources, you may do the following:
- Your computer may temporarily store copies of the Online Educational Resources in random-access memory (RAM), incidental to you accessing those materials;
- You may store files that are automatically cached by your web browser for display enhancement purposes; and
- You may print or download one copy of a reasonable number of pages of the Educational Resources for your own personal, non-commercial use, and not for further reproduction, publication or distribution.
In addition, you may not delete or alter any copyright, trademark, or other proprietary rights notices from the Educational Resources. No right, title, or interest in or to the Educational Resources is assigned or transferred to you, and all rights not expressly granted to you under these Terms are reserved by NAHQ. Any use of the Educational Resources not expressly permitted by these Terms is prohibited.
- Trademarks. NAHQ’s names and logos, product and service names and logos, and all related designs and slogans are trademarks of NAHQ (“NAHQ Marks”). You may not use the NAHQ Marks without NAHQ’s prior written consent.
- Reliance on Information Posted. The information presented in the Educational Resources is made available solely for educational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or anyone who may be informed of any of its contents.
The Educational Resources may include content provided by third-parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in the materials are the opinions and the responsibility of the person or entity providing those materials. The materials do not necessarily reflect the opinions of NAHQ. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
- Changes to the Educational Resources. We may update the Educational Resources from time to time, but any materials on the Educational Resources may be out of date at any given time, and we are under no obligation to update such materials.
- Event Recordings. NAHQ has the exclusive right to photograph, record, and film, in any media now known or hereafter created (collectively, “Recordings”) the Review Sessions and the Live CPHQ Review Course. NAHQ is the exclusive owner of the Recordings and has the exclusive right to assign, transfer, reproduce, prepare derivative works from, modify, incorporate into other works, distribute, perform publicly, display publicly, transmit, broadcast, sell, and otherwise use and exploit the Recordings. You may not record any aspect of the Review Sessions or the Live CPHQ Review Course without NAHQ’s prior written permission.
- Participant Publicity Release. You hereby grant NAHQ an unconditional, worldwide, fully transferable, fully sub-licensable, assignable, perpetual, non-terminable, exclusive, irrevocable, royalty-free right (but not the obligation) to photograph, record, digitize, film, reproduce, distribute, prepare derivative works based on, publicly perform, publicly display, and otherwise use your name, image, likeness, voice, and other personal characteristics as they may appear in the Recordings, in all formats and media now known or hereinafter created, for any purposes, including advertising, trade, and commercial purposes. You acknowledge NAHQ is the owner of the Recordings and you have no right to inspect or approve the Recordings or NAHQ’s use of the Recordings.
- Participation Disclosures. You hereby grant NAHQ permission to disclose all information NAHQ may have in its possession or control regarding your access to and use of the Educational Resources between October 5, 2018 and September 30, 2019, including:
- Whether you accepted the Terms;
- The dates you logged into www.mynahq.nahq.org;
- The dates you accessed and used the CPHQ Review Course Online, the duration of each use, and whether you started or completed the CPHQ Review Course Online;
- The dates you accessed and used the CPHQ Online Practice Exam, the duration of each use, and whether you started or completed the CPHQ Online Practice Exam;
- Whether you are scheduled to take the NAHQ CPHQ Certification Exam;
- Whether you passed the NAHQ CPHQ Certification Exam;
- Which of the Review Sessions you attended; and
- Which of the days of the Live CPHQ Review Course you attended
(collectively, “Participation Information”).
- Disclaimer. The Educational Resources are provided “as-is,” “As-Available,” and “with all faults.” You assume all risks associated with your access to and use of the Educational Resources. NEITHER NAHQ NOR ANYONE ASSOCIATED WITH NAHQ REPRESENTS OR WARRANTS THAT: (i) THE EDUCATIONAL RESOURCES are ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; (ii) DEFECTS WILL BE CORRECTED; (iii) THE EDUCATIONAL RESOURCES OR THE SERVERS THAT MAKE the Educational Resources AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iv) THE EDUCATIONAL RESOURCES WILL MEET YOUR NEEDS OR EXPECTATIONS; or (v) your use of the educational resources will allow you to pass the NAHQ CPHQ certification exam. NAHQ disclaims all representations and warranties of any kind with respect to the Educational Resources and your access to and use of the Educational Resources whether express, implied, or statutory to the fullest extent possible pursuant to applicable law, including the implied warranties of merchantability, NON-INFRINGEMENT, and fitness for a particular purpose.
- Indemnification. You shall defend and indemnify NAHQ, its directors, officers, employees, volunteers, agents, and contractors (“Indemnified Persons”) against all losses, liabilities, claims, and actions, including reasonable attorneys' fees and other expenses (collectively, "Claims"), related to your: (i) acts or omissions; (ii) breach of these Terms; (iii) violation of applicable law; and/or (iv) access to or use of the Educational Resources. Despite this provision, you are not required to defend or indemnify an Indemnified Person for Claims caused by that Indemnified Person’s willful or wanton misconduct.
- Limitation of Liability. To the fullest extent possible, pursuant to applicable law, and except as otherwise provided in this Section: (i) you knowingly, voluntarily, and irrevocably release from all liability, waive all claims and actions against, and covenant not to make or bring any claim or action against any of the Indemnified Persons related to the Educational Resources, your access to or use of the Educational Resources, the Recordings, or NAHQ’s disclosure of your Participation Information to Employer; (ii) you are not entitled to recover consequential, incidental, indirect, exemplary, special, punitive damages, enhanced damages, lost profits or revenues, or diminution in value from any of the Indemnified Persons; and (iii) in any event, collectively, the Indemnified Persons’ maximum aggregate liability related to these Terms, the Educational Resources, your access to and use of the Educational Resources, the Recordings, or NAHQ’s disclosure of your Participation Information to Employer, whether based on breach of contract, tort (including negligence), or any other theory is limited to Five Hundred and 00/100 Dollars ($500.00). The limitations of liability in this Section apply: (i) even if the damages were foreseeable; (ii) whether all or any of the Indemnified Persons were advised of the possibility of the damages; (iii) regardless of the legal or equitable theory on which the claim or action is based (contract, tort (including negligence), or any other theory); and (iv) even if your remedies under these Terms fail their essential purpose. You acknowledge the limitations of liability in this Section are reasonable and you hereby waive any claim to the contrary. If applicable law limits this Section, each Indemnified Person’s liability is limited to the maximum extent permitted by applicable law. Despite the other provisions of this Section, the limitations of liability in this Section do not apply to liability caused by willful or wanton misconduct.
- Representations and Warranties. You represent and warrant that: (i) you have read, understand, and will abide by these Terms; (ii) you are a resident of the United States; (iii) you are not subject to or located in a country subject to economic or other sanctions or trade embargos enforced by the United States of America, including the United States Treasury Department’s Office of Foreign Assets Control (OFAC); (iv) you will comply with your obligations and exercise your rights under these Terms in accordance with applicable law; and (iii) you are of legal age and you are legally capable of entering into these Terms.
- Governing Law and Choice of Forum. The laws of the State of Illinois, U.S., excluding the State of Illinois’ choice of law rules, govern these Terms. You and NAHQ shall institute any action related to these Terms in the United States District Court for the Northern District of Illinois, U.S., or the Illinois state courts located in Cook County, Illinois, U.S. You submit to the exclusive jurisdiction of these courts.
- Jury Trial Waiver. You hereby waive, to the extent permitted by applicable law, any right to a trial by jury, in any action between the parties related to these Terms.
- Limitations Period. You must bring any claim or action against any of the Indemnified Persons related to these Terms, the Educational Resources, your access to and use of the Educational Resources, the Recordings, or NAHQ’s disclosure of your Participation Information to Employer, within one (1) year of the claim or action accruing, and You hereby waive any right to file an action under any longer statute of limitations.
- Binding Effect. These Terms inure to the benefit of, and are binding on, you and NAHQ and your and NAHQ’s respective successors and permitted assigns.
- Assignment. You are not entitled to assign your rights or delegate your obligations hereunder.
- Waiver. No waiver by NAHQ of any term or condition stated in these Terms is deemed a continuing waiver of a term or condition or a waiver of any other term or condition, and any failure of NAHQ to assert a right or provision under these Terms does not constitute a waiver of that right or provision.
- Cumulative Remedies. NAHQ’s rights and remedies provided in these Terms are cumulative and not exclusive, and NAHQ’s exercise of any right or remedy does not preclude NAHQ’s exercise of any other rights or remedies that may now or subsequently be available to NAHQ at law, in equity, by statute, by contract, or otherwise.
- Severability. If a court or other tribunal having jurisdiction over a dispute between you and any Indemnified Persons, determines any provision of these Terms is unenforceable under applicable law, the rest of these Terms remain in effect to the extent permitted by applicable law. In addition, as to any provision determined to be unenforceable as written in these Terms, the provision is not void, but rather the parties desire the provision be reformed and enforced by the court or other tribunal permitted under applicable law to give effect as near as possible to the original intent of the parties, as if originally accepted or agreed by you in that form.
- Term and Termination. Your right to access and use the Educational Resources begins on the date you accept these Terms and automatically expires on September 30, 2019, unless terminated earlier. Your right to access and use the Educational Resources automatically terminates if you violate these Terms, or if NAHQ’s contract with Employer, pursuant to which you are permitted to access and use some of the Educational Resources, is terminated. In addition, NAHQ may terminate or suspend your access to the Educational Resources with or without cause, with or without notice, at any time, in its discretion.
- Survival. Provisions of these Terms, which by their nature should apply beyond the termination of these Terms or your right to access and use the Educational Resources, remain in force after the expiration or termination of these Terms or your right to access and use the Educational Resources, including Sections 9 through 24.
- Entire Agreement. These Terms are the entire agreement between you and NAHQ, with respect to the subject matter of the Terms, and supersedes any prior agreements between you and NAHQ regarding the same subject matter.