The NAHQ Website is available only to individuals who can enter into legally binding contracts under applicable law. By using the NAHQ Website, you represent and warrant that you are of legal age to form a binding contract with NAHQ. If you do not meet all of these requirements, you must not access or use the NAHQ Website. You agree you are responsible for your use of the NAHQ Website and any consequences resulting from your use of the NAHQ Website. You may use the NAHQ Website only in compliance with these Terms and applicable law. If you do not agree to these Terms, do not access or use the NAHQ Website.
These Terms apply to anyone accessing or using the NAHQ Website, even if such individuals are not NAHQ members.
Changes to These Terms
NAHQ may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when posted, and apply to all who access and use the NAHQ Website thereafter. Your continued use of the NAHQ Website following the posting of the revised Terms means you accept and agree to the changes. You are responsible for regularly reviewing the Terms.
Accessing the NAHQ Website and Account Security
NAHQ reserves the right to withdraw or amend the NAHQ Website, and any content or services on the NAHQ Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the NAHQ Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the NAHQ Website, or the entire site, to users, including NAHQ members.
You are responsible for both: (i) making all arrangements necessary for you to have access to the NAHQ Website; and (ii) ensuring all persons who access the NAHQ Website through your internet connection are aware of these Terms and comply with them.
The NAHQ Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the NAHQ, its licensors, sponsors, content providers, or other third parties and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the NAHQ Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the NAHQ Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the NAHQ Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
• Modify copies of any materials from the NAHQ Website.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the NAHQ Website.
You must not access or use, for any commercial purposes, any part of the NAHQ Website or any services or materials available through the NAHQ Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the NAHQ Website in breach of the Terms, your right to use the NAHQ Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the NAHQ Website or any content on the NAHQ Website is transferred to you, and all rights not expressly granted are reserved by NAHQ. Any use of the NAHQ Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
NAHQ receives requests from third parties to utilize NAHQ’s name, logos, and its products’ and services’ names and logos. You must not use such marks without NAHQ’s prior written permission. For additional information regarding NAHQ’s marks, see NAHQ Trademarks.
You may use the NAHQ Website only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree not to:
· Use the NAHQ Website in any way that violates any applicable international, federal, state, or local law or regulation, including any laws regarding the export of data or software to and from the US or other countries.
· Impair the proper operation of the NAHQ Website or any network which is used to support or access the NAHQ Website.
· Use the NAHQ Website in any manner that could disable, overburden, damage, or impair the NAHQ Website or interfere with any other person’s use of the NAHQ Website, including their ability to engage in real time activities through the NAHQ Website.
· Create derivative works based upon, publicly display, publicly perform, lease, license, rent, sell, or re-sell all or any part of the NAHQ Website’s contents.
· Use the NAHQ Website to develop or assist others with the development of goods or services or for purpose of competitive analysis.
· Use any robot, spider, or other automatic device, process, or means to access the NAHQ Website for any purpose, including monitoring or copying any of the material on the NAHQ Website.
· Use any manual process to monitor or copy any of the material on the NAHQ Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the NAHQ Website, the servers on which the NAHQ Website are stored, or any server, computer, or database connected to the NAHQ Website.
· Attack the NAHQ Website via a denial-of-service attack or a distributed denial-of-service attack.
The NAHQ Website may contain forums and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the NAHQ Website.
All User Contributions must comply with the Content Standards set out below in these Terms. Any User Contribution you post to the NAHQ Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the NAHQ Website, you grant us, our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns; and (ii) all of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NAHQ, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. In addition, we are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the NAHQ Website.
NAHQ does not endorse any opinions expressed by other users. We are not responsible for monitoring User Contributions, nor does NAHQ undertake editorial control of postings. NAHQ may edit or remove User Contributions in its sole discretion, but it is not obligated to do so.
We have the right to disclose your identity or other information about you to any third party who claims that your User Contribution violates their rights, including their intellectual property rights or their right to privacy. In addition, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the NAHQ Website. YOU WAIVE AND HOLD HARMLESS NAHQ FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NAHQ AND ANY OF ITS AFFILIATES, LICENSEES, OR SERVICE PROVIDERS DURING OR TAKEN AS A RESULT OF INVESTIGATIONS BY NAHQ OR LAW ENFORCEMENT AUTHORITIES.
You agree: (i) your User Contributions will be non-commercial, educational in nature, and on topic; (ii) your User Contributions must not be defamatory, offensive, threatening, or include illegal materials; (iii) you will not impersonate any person or entity, including NAHQ or NAHQ’s personnel, or misrepresent an affiliation with any person or entity; (iv) you may not intentionally or unintentionally violate or encourage or assist anyone else to violate any local, state, or federal ordinance, statute, law, or regulation; (v) your contributions must not violate any person’s privacy rights; (vi) your User Contributions may not include material protected by copyright or other intellectual property rights without the owner’s permission; (vii) your User Contributions must not include any materials you do not possess a right to post under law or as a result of a fiduciary or contractual relationship, including as a result of a nondisclosure or confidentiality agreement; and (viii) you may not exchange non-public, competitively sensitive information on pricing, strategic plans, profit margins, or related subjects, and your User Contributions must not encourage or facilitate, either expressly or implicitly, to illegally restrict free trade.
Reporting Claims of Copyright Infringement
NAHQ will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any User Contributions accessible on or from the NAHQ Website infringe your copyright, you may request removal of those materials (or access to them) from the NAHQ Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), the written notice (each a “DMCA Notice”) must include the following information:
· Your physical or electronic signature.
· Your contact information (full name, mailing address, email address, and phone number).
· Identification of the copyrighted material that you claim has been infringed.
· Identification of the material on the NAHQ Website you claim infringes your copyright in a sufficiently precise manner to allow us to locate that material.
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
· A statement that the information in the DMCA Notice is accurate.
· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Scott S. Fintzen
Gaido & Fintzen
320 Walnut Street
St. Charles, IL 60174 email@example.com
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on the NAHQ Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe material you posted to the NAHQ Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification to NAHQ (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include:
· Your physical or electronic signature.
· Your contact information (full name, mailing address, email address, and phone number).
· Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.
· A statement under perjury that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
· A statement that you will consent to the jurisdiction of the Federal District Court for the district in which your address is located (or if you reside outside of the United States for any judicial district in which the NAHQ Website is found) and that you will accept service from the person (or an agent of that person) who provided NAHQ with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the NAHQ Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
NAHQ Termination of Access to the NAHQ Website
NAHQ maintains the right to suspend or disable your access to the NAHQ Website and any account you may have created, at its sole discretion and without prior notice to you if you breach these Terms or if NAHQ otherwise determines in its sole discretion that such action is warranted. Without limiting the foregoing, it is NAHQ’s policy, in appropriate circumstances and at its discretion, to terminate access to the NAHQ Website for users who may be repeat infringers of the copyrights of others.
Online Purchases and Click-Through Agreements
These Terms govern your access and use of the NAHQ Website. NAHQ offers educational and professional products, services, courses, and events on the NAHQ Website. Other terms may apply to the sale of products, services, courses, and events offered on the NAHQ Website. In addition, before using certain features of the NAHQ Website, you may be asked to indicate your acceptance of separate terms by clicking a button marked “I Accept” or other words that similarly acknowledge your consent or acceptance of a click-through agreement. To the extent the click-through agreement includes additional terms, or there is a conflict between these Terms and terms of the click-through agreement, the click-through agreement will govern.
Links from the NAHQ Website
If the NAHQ Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, through banner advertisements, and sponsored links. Unless NAHQ expressly states otherwise, it does not control the contents of these sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you choose to access any of the third-party sites linked to the NAHQ Website, you do so at your own risk and subject to the terms and conditions of use for such sites. Before accessing and using any third-party websites or resources, you are strongly encouraged to read the websites’ privacy policies and other applicable terms.
International Access and Use
NAHQ is based in the State of Illinois in the United States. If you access or use the NAHQ Website outside of the United States, you do so at your own risk and, in addition to being responsible for compliance with these Terms, you are responsible for compliance with the laws of your jurisdiction.
Disclaimer of Warranties
THE NAHQ WEBSITE IS PROVIDED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE NAHQ WEBSITE, INCLUDING ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE NAHQ WEBSITE, IS AT YOUR SOLE RISK. NAHQ MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE NAHQ WEBSITE, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE NAHQ WEBSITE WHETHER EXPRESS, IMPLIED, OR STATUTORY TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, NAHQ MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THE NAHQ WEBSITE, INCLUDING ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE NAHQ WEBSITE, OR RESULTS FROM YOUR USE THEREOF, WILL MEET YOUR OR ANY OTHER INDIVIDUAL’S OR ENTITY’S REQUIREMENTS OR EXPECTATIONS; OPERATE WITHOUT INTERRUPTION; ACHIEVE ANY INTENDED OR DESIRED RESULTS; BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD-PARTY’S SOFTWARE, SYSTEMS, OR OTHER
SERVICES; BE SECURE, ACCURATE, CONSISTENT, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THIS SECTION DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the fullest extent permitted by applicable law, you shall defend and indemnify NAHQ, and its directors, officers, employees, volunteers, agents, representatives, contractors, successors, and assigns (collectively, “NAHQ Persons”) against all losses, liabilities, claims, and actions, including, reasonable attorneys’ fees and other expenses (collectively, “Claims”), related to your use of the NAHQ Website, including its content, violation of these Terms, or any other actions or omissions connected with your use of the NAHQ Website.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NAHQ NOR ANY NAHQ PERSONS SHALL BE LIABLE FOR ANY LOSS ARISING OUT OF OR RELATED TO THESE TERMS, THE NAHQ WEBSITE, YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE NAHQ WEBSITE, OR YOUR PERSONAL INFORMATION IN NAHQ’S POSSESSION OR CONTROL. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE NOT ENTITLED TO RECOVER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE FROM NAHQ OR THE OTHER NAHQ PERSONS. THE FOREGOING LIMITATIONS APPLY: (I) EVEN IF THE DAMAGES WERE FORESEEABLE; (II) WHETHER OR NOT NAHQ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (III) EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL THEIR ESSENTIAL PURPOSE; AND (IV) REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. YOU ACKNOWLEDGE THESE LIMITS ON LIABILITY STATED IN THIS SECTION ARE REASONABLE. THIS LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
All matters arising out of or relating to the NAHQ Website or these Terms, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of Illinois, without giving effect to any choice of law provision or rule. Any action arising out of or relating to these Terms or the NAHQ Website shall be instituted exclusively in the U.S. District Court for the Northern District of Illinois, or the Illinois state courts located in Cook County, Illinois. You and NAHQ submit to the exclusive jurisdiction of these courts.
Jury Trial Waiver
YOU AND NAHQ HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY, IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE NAHQ WEBSITE.
YOU MUST BRING ANY ACTION AGAINST NAHQ OR ANY NAHQ PERSONS ARISING OUT OF OR RELATED TO THESE TERMS OR THE NAHQ WEBSITE WITHIN ONE YEAR OF THE ACTION ACCRUING OR IT IS PERMANENTLY BARRED. YOU HEREBY WAIVE THE RIGHT TO FILE AN ACTION ARISING OUT OF OR
RELATED TO THESE TERMS OR THE NAHQ WEBSITE UNDER ANY LONGER STATUTE OF LIMITATIONS.
Waiver and Severability
No waiver by NAHQ of any term or condition stated in these Terms is deemed a continuing waiver of a term or a waiver of any other term, and any failure of NAHQ to assert a right or provision under these Terms does not constitute a waiver of that right or provision. If a court or other tribunal having jurisdiction over a dispute between you and any NAHQ 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.
These Terms, together with any policies incorporated herein by reference, are the entire agreement between you and NAHQ with respect to your access and use of the NAHQ Website, and supersede any prior agreements between you and NAHQ regarding the NAHQ Website.
The NAHQ Website is operated by the National Association for Healthcare Quality, 8600 West Bryn Mawr Avenue, Suite 710 N, Chicago, Illinois 60631. All Feedback and other communications related to the NAHQ Website should be directed to NAHQ at: firstname.lastname@example.org.
Last Modified: November 1, 2021