Terms of Use

The National Institute for Children’s Health Quality (“NICHQ”) is a mission-driven nonprofit dedicated to driving dramatic and sustainable improvements in the complex issues facing children’s health. This website, the NICHQ Collaboratory, and other online resources (together “NICHQ websites”) are owned and operated by NICHQ. These Terms of Use (“Terms”) apply to any and all information, online communications, services, text, images, video, audio files, links, or other material and content that is or becomes available on NICHQ websites. By using NICHQ websites, you agree to abide by these Terms and our Privacy Policy, which is hereby incorporated into this agreement by reference, constituting an agreement between NICHQ and you. When we refer to ourselves as “we,” “us,” “our,” and similar terms, we mean NICHQ, including any subsidiary we control. We may change these terms from time to time; use constitutes your acceptance of such changes.

Restrictions on Use of NICHQ Websites’ Content

You may not circumvent, disable, or otherwise interfere with the security features of NICHQ websites, nor the features that prevent or restrict the use or copying of any content. Moreover, you may not collect or harvest any personally identifiable information.

Restrictions on Publishing Content to NICHQ Websites

You represent and warrant that any content you publish does not infringe upon or injure the personal or property rights of any individual, group, or entity—including but not limited to defamation, harassment, invasion of privacy, tort, or disclosure of confidential or trade secrets. Furthermore, you shall not violate any law, treaty, or intellectual property rights protected by law (such as copyright, patent, and trademark rights).

Use of the NICHQ Collaboratory

The NICHQ Collaboratory (“CoLab”) is one of many NICHQ websites covered by these Terms. The CoLab is an online system facilitating online collaboration among teams engaged in quality improvement efforts or other children’s health projects. Users of the CoLab may include physicians, nurses, other clinicians, managers, executives, policymakers, educators, parents, caregivers, interested members of the lay public, and others. The CoLab is a resource meant to help improvement teams build community, accelerate change, and strive for continual innovation in many areas affecting children’s health.

If you are a healthcare professional you should remember that this content 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 the CoLab, 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. 

We follow a standard set of editorial procedures when presenting any information on the CoLab, but do not generally review content posted directly by users in advance of its publication. However, we reserve the right to review any content at any time prior to, or after, it is published.

User’s Obligation to Abide by Applicable Law

You shall not violate any law, treaty, or intellectual property rights protected by law (such as copyright, patent, and trademark rights). You acknowledge that the content and materials available on NICHQ websites include intellectual property that is protected under the copyright, trademark, and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic and graphic (art and electronic) images, audio video, and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

Notification of Copyright Infringement

  1. Notice: If you are a copyright owner or an agent of a copyright owner and believe that any content on the site infringes upon your copyrights, you may submit a notification in writing to our designated agent pursuant to the Digital Millennium Copyright Act ("DMCA") 17 USC section 512(c)(3): Judith Gooding, National Institute for Children’s Health Quality, 30 Winter Street, Boston, Massachusetts 02108 (jgooding@nichq.org). According to 17 USC section 512 (c)(3)(a), all copyright infringement notifications must include the following information:
    • 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 copyrighted work claimed to have been infringed—or, if multiple copyrighted works at the website are covered by a single notification, a representative list of such works at the website;
    • 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 you, such as an address, telephone number, and, if available, an email address;
    • A statement that you have 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.

    You acknowledge that if you fail to comply with all of the requirements of 17 USC section 512 (c)(3)(a), your notice may not be valid pursuant to the DMCA. For clarity, only DMCA notices should go to the designated agent; any other feedback, comments, requests for technical support, or other communications should be sent to Judith Gooding, National Institute for Children’s Health Quality, 30 Winter Street, Boston, Massachusetts 02108 (jgooding@nichq.org).

  1. Counter-Notice: If you believe that your content that was removed (or to which access was disabled) is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content, then you may send a counter-notice containing the following information to the designated agent identified in the Notification of Copyright Infringement, Part A:
    • A physical or electronic signature;
    • 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 access to it was disabled;
    • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
    • Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal courts in the Commonwealth of Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Disclaimer of Warranties

NICHQ websites, and the content contained therein, are provided on an “As Is” basis without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. We do not warrant that any content is complete or accurate, that the website will be uninterrupted or error free, or that any content or material is free of rogue programming.

Release and Indemnity

Though we expect all users to adhere to our content policies in these Terms, you may be exposed to content that violates our policies or is otherwise offensive through the use of the website. Your use of NICHQ websites is at your own risk, and you agree that we are not liable for content that is provided by others. We take no responsibility for your exposure to content whether it violates our policies or not. You understand that the information and opinions in content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our beliefs. You hereby release and waive any and all claims and/or liability against NICHQ and our employees, officers, trustees, affiliates, and/or licensors, arising from or in connection with your use of the website, the content, and/or any other material on the website.

Modifications

These Terms and the content may be revised, amended, or supplemented by NICHQ without notice at any time for any reason. Continuing to use NICHQ websites after a change has been made will signify your acceptance of the changes. You should refer back to this page for future updates.

Privacy Policy

The NICHQ Privacy Policy provides additional terms and conditions that apply to your use of NICHQ websites. If you do not agree to the conditions therein, please do not continue to use NICHQ websites.

Other

These Terms will be governed by and interpreted in the English language pursuant to the laws of the Commonwealth of Massachusetts, United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Questions or Concerns

For questions or concerns about these Terms of Use, please contact Matthew Biewener (mbiewener@nichq.org).

 

Last updated April 26, 2018