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Terms of Use and Privacy Policy - NICHQ.org

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Terms of Use

NICHQ.org is a Web site that provides resources to people all over the world to help them take effective action to improve children’s healthcare. It will be helpful to people in many different roles in the healthcare system — including (but not limited to) physicians, nurses, other clinicians, managers, executives, policy-makers, educators, parents and interested members of the lay public.

NICHQ.org is owned and operated by the National Initiative for Children’s Healthcare Quality, Inc. (NICHQ), a Massachusetts nonprofit corporation. By using our Web site, you agree to the following Terms of Use, which constitute an agreement between the National Initiative for Children’s Healthcare Quality, Inc. (NICHQ) and you. If you do not agree to these Terms of Use, do not use NICHQ.org.

When we refer to ourselves as "we," "us," "our," and similar terms, we mean the National Initiative for Children’s Healthcare Quality, Inc. (NICHQ), including any subsidiary we control. We may change these terms from time to time. You will always be able to view the most current version by clicking on a link at the bottom of any page on our site.

Scope of These Terms
These Terms of Use apply to your use of the NICHQ.org Web site. We may have other Web sites that may be covered by different Terms of Use. The Terms of Use for each of our Web sites are available on those sites. When you leave one of our Web sites and go to another Web site (whether controlled by us or by a third party), different terms may apply.

Information on NICHQ.org
NICHQ.org is a resource presented for the sole purpose of helping healthcare professionals improve care for the children and families that they serve. We include a lot of information on NICHQ.org, including articles, references, tools, databases and advertising. While we hope you find the information helpful, if you are a healthcare professional you should remember that the content on NICHQ.org is not meant to serve as a substitute for your own clinical judgment. If you are a consumer who chooses to use the information on NICHQ.org, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. CONSUMERS WHO RELY ON INFORMATION ON NICHQ.org DO SO AT THEIR OWN RISK.

We follow a standard set of editorial procedures for information that we put on NICHQ.org. However, we do not offer you any warranty or guarantee related to NICHQ.org. WE SPECIFICALLY DISCLAIM ANY WARRANTIES; EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH NICHQ.org OR IN THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH NICHQ.org.

It is your responsibility to evaluate the information and results from tools we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information contained on our Web site with other sources before undertaking any treatment or action based on it. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional.

Some information on NICHQ.org comes from you or from other users. We are not responsible for that information. Whether the information comes from us or from you, WE ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM YOUR USE OF THE INFORMATION ON NICHQ.org. IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF YOUR USE OF NICHQ.org, HOWEVER ARISING, EXCEED ONE THOUSAND DOLLARS ($1,000), REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY YOU OR ANYONE MAY HAVE.

You understand and agree that we cannot and do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise available on NICHQ.org or through the Internet, in general, in any way. You also understand and agree that we cannot and do not warrant or guarantee that files available for downloading through the Web site will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. You understand and agree that you are solely responsible for implementing sufficient precautions, procedures and checkpoints to satisfy your own requirements for the accuracy of data input and output, and for maintaining a means external to NICHQ.org for the reconstruction of any lost data. We do not assume the responsibility for the loss of any information, data, or other materials resulting from your use of NICHQ.org.

Although we are selective about the organizations we link to, WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY WEB SITES THAT ARE LINKED TO OUR SITE OR THAT YOU BROWSE TO AFTER FOLLOWING A LINK FROM NICHQ.org.

While we welcome your feedback on NICHQ.org, we must make the final decisions about the content that is posted on the site to make sure it meets the needs of all our users. You can use the feedback link on our site to send us comments and criticisms, but IF YOU ARE DISSATISFIED WITH OUR RESPONSE OR WITH THE CONTENTS OF NICHQ.org, YOUR ONLY REMEDY IS TO STOP USING THE WEB SITE.

Copyright
The National Initiative for Children’s Healthcare Quality, Inc. owns the information on NICHQ.org except where other owners or co-owners are specifically indicated. In fact, the entire contents and design of NICHQ.org are protected under U.S. and international copyright laws. You may look at NICHQ.org online, download individual articles, print or email pages of content and download tools to your personal or handheld computer for later reading or use, and even print a reasonable number of copies of pages for yourself or your colleagues. You must not remove any copyright notices from our materials. We reserve all our other rights. Among other things, this means you must not sell our information, rewrite or modify it, redistribute it, put it on your own Web site, or use it for any commercial purpose without our prior written permission.

Trademarks
We or our partners also own the names we use for our products and services on NICHQ.org, and these names are protected by trademark laws in the U.S. and internationally. All trademarks are the property of their respective owners. If your activities are noncommercial, you may make use of our trademarks by linking to us or discussing us with others, as long as you make it clear that we are the owner of the trademark. Any other uses of our trademarks require our prior written approval.

You may not use our trademarks in any of the following ways:

  • In a non-National Initiative for Children’s Healthcare Quality product name or publication title.
  • Within or as part of your own trademarks.
  • To identify non-National Initiative for Children’s Healthcare Quality products or services.
  • In a manner which will likely cause confusion.
  • In a manner that implies that the National Initiative for Children’s Healthcare Quality sponsors, endorses or is otherwise connected with your activities, products, or services.
  • In a manner that disparages the National Initiative for Children’s Healthcare Quality.


Linking to Us
Usually, we do not mind if you have a simple link from your Web site to NICHQ.org. However, you must not frame our site or incorporate pieces of it into a different site or product. You are not allowed to link to NICHQ.org if you create or post illegal, obscene, or offensive content, or if the link in any way has a negative impact on our reputation.

Advertising and Sponsorship Policy
The National Initiative for Children’s Healthcare Quality, Inc. accepts advertising on and sponsorship of NICHQ.org. We do not endorse any company, product or service. In addition, advertisers and sponsors may not suggest that either the National Initiative for Children’s Healthcare Quality or NICHQ.org endorses a product, service or company.

Copyright Issues
The National Initiative for Children’s Healthcare Quality, Inc. respects the rights of all copyright holders and reserves the right in our sole discretion to terminate, in appropriate circumstances, users who post materials on NICHQ.org that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To contact our Copyright Agent for notice of claims of copyright infringement on or regarding NICHQ.org: Customer Service (webmaster@nichq.org) at National Initiative for Children’s Healthcare Quality, 30 Winter Street, 6th Floor, Boston, MA 02108, USA.

Laws that Govern This Agreement
The National Initiative for Children’s Healthcare Quality controls NICHQ.org from its offices within the Commonwealth of Massachusetts in the United States of America. NICHQ.org can be accessed from any of the United States and from other countries worldwide. Since the laws of each state or country able to access NICHQ.org may differ, by accessing NICHQ.org both you and the National Initiative for Children’s Healthcare Quality agree that the statutes and laws of the Commonwealth of Massachusetts will apply to all matters relating to use of NICHQ.org. Both you and the National Initiative for Children’s Healthcare Quality submit to jurisdiction in Massachusetts and further agree that any cause of action arising under these Terms of Use shall be brought exclusively in any state or federal court located in Boston, Massachusetts.

The National Initiative for Children’s Healthcare Quality makes no representation that materials on NICHQ.orgare appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access NICHQ.org from other locations do so on their own initiative and are responsible for compliance with local laws.

Acceptance Procedure
By accessing information on or registering with the Web site, you agree with all the terms and conditions of this agreement.

We reserve the right, at our sole discretion, to change the terms and conditions of this agreement from time to time, and your continuing use of NICHQ.org constitutes your acceptance of and agreement to any changed terms and conditions. We will post any such changes in a timely manner, and draw your attention to any significant changes.

Consequences
If you do not comply with these terms, we have the right to block your access, suspend or eliminate your registration and remove any information you have placed on our site. We may also take any legal action if, in our sole discretion, we think it is appropriate. If your violation of this Agreement causes harm to others, you agree to hold the National Initiative for Children’s Healthcare Quality, Inc. harmless against any liability for that harm.

General
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and the National Initiative for Children’s Healthcare Quality, Inc. with respect to your use of NICHQ.org.

Questions or Concerns about Our Terms of Use
For questions or concerns about these Terms of Use, please send an email to webmaster@nichq.org.

Revision date: February 3, 2014

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Privacy Policy

NICHQ.org is a Web site that provides resources to people all over the world to help them take effective action to improve children’s healthcare. It will be helpful to people in many different roles in the healthcare system — including (but not limited to) physicians, nurses, other clinicians, managers, executives, policy-makers, educators, parents and interested members of the lay public.

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