Acceptance of Terms
Welcome to the National Association of Community Health Centers Web site. This agreement (“Agreement”) is between National Association of Community Health Centers (collectively, “National Association of Community Health Centers”, “we” or “ours”) and you and your agents (“you” or “yours”) for the use of this Web site (the “Web site”). This Agreement includes any guidelines or rules posted and updated on the Web site by us from time to time. By using the Web site, you agree to these terms and conditions Agreement. You can review the most current version of this Agreement at any time below.
If such features are available on the Web site, you must register to obtain access to the non-public portions of the Web site and/or to apply for accreditation online. Upon completion of registration and/or application, you will receive a password and such other items as the National Association of Community Health Centers may provide. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs because of your enabling or permitting another person or entity to use your password. You agree to immediately notify us if (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the Web site. The National Association of Community Health Centers is not responsible for any loss or damage arising from your failure to comply with the provisions of this Section. You acknowledge and agree that the National Association of Community Health Centers may terminate your password and/or other access privileges and remove and discard any Content (as defined below) without notice to you for any reason, including without limitation, if (i) you do not use the Web site for what the National Association of Community Health Centers, in its sole discretion, deems to be an extended period of time, (ii) the National Association of Community Health Centers believes that you have violated any provision herein, and/or (iii) you have otherwise acted or failed to act in any manner that the National Association of Community Health Centers deems objectionable. You agree that any termination of your access to the Web site shall not result in any liability or other obligation of the National Association of Community Health Centers to you or any third party in connection with such termination.
This Web site, including any subsection accessible through our home or entry page, is owned and maintained by or for the National Association of Community Health Centers When you access, browse, or use this Web site, you accept, without limitation or qualification, the terms and conditions set forth and any additional terms and conditions of use set forth by the National Association of Community Health Centers from time to time. No intellectual property or other rights in or to this Web site or its contents are transferred to you.
You acknowledge that the Web site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively “Content”), which is generally provided by the National Association of Community Health Centers or by licensors of the National Association of Community Health Centers You agree and acknowledge that, notwithstanding that the National Association of Community Health Centers permits access to the Content, the Content or its use or the use of this Web site is protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the Web site and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by the National Association of Community Health Centers and third parties. In addition to the National Association of Community Health Centers’s and its licensors’ rights in individual elements of the Contents, the National Association of Community Health Centers owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
The logo service marks, trademarks, and/or trade dress of the National Association of Community Health Centers (also “AAHRPP”) are owned exclusively by the National Association of Community Health Centers All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Users of the Web site may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, incorporate into another Web site, or in any other way exploit the Web site and/or any of the Content, in whole or in part, without the prior written consent of the National Association of Community Health Centers Permission is granted only when certain limited criteria are met. To request such permission, please visit here.
Notwithstanding the foregoing, users may view the Web site and Content in its present form and/or download copies of the materials for personal, noncommercial use, provided user keeps intact all copyright and other proprietary notices. The use of any materials on any other Web site or networked computer environment is prohibited. User recognizes that its unauthorized use of the Web site and/or Content may subject user to civil or criminal liability.
**If you wish to distribute or use the materials in some other manner, you must receive the prior written consent of the National Association of Community Health Centers Permission is granted only when certain limited criteria are met. To request such permission, please visit here.
The Web site may contain links to third-party sites solely as a convenience, and the inclusion of a link does not imply endorsement of the linked site by the National Association of Community Health Centers The linked sites are not under the control of the National Association of Community Health Centers and the National Association of Community Health Centers is not responsible for the contents of any linked site or any link contained in a linked site. The National Association of Community Health Centers may provide such third-party links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by the National Association of Community Health Centers.
THE USE OF THE WEB SITE IS SOLELY AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE National Association of Community Health Centers EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE National Association of Community Health Centers MAKES NO WARRANTY THAT THE WEB SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE, VIRUS-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEB SITE AND/OR CONTENT IS TO CEASE USING THE WEB SITE AND/OR CONTENT.
You understand and acknowledge that the National Association of Community Health Centers assumes no responsibility to screen or review Content and/or User Content (as defined below) that is originated by parties other than the National Association of Community Health Centers, and that the National Association of Community Health Centers shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, edit or remove any Content and/or User Content that is available on the Web site. The National Association of Community Health Centers expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of such Content and/or User Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AND/OR USER CONTENT.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE CONTENT PROVIDED ON THE WEB SITE IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE, ADVICE, DIAGNOSIS OR TREATMENT AND YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISIONS REGARDING THE USE OF THE CONTENT. THE National Association of Community Health Centers RECOMMENDS THAT ALL USERS CONSULT THEIR PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER REGARDING ANY SYMPTOMS OR CONDITIONS THEY ARE EXPERIENCING OR ANY QUESTIONS THEY MAY HAVE REGARDING A MEDICAL CONDITION OR POTENTIAL MEDICAL CONDITION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE National Association of Community Health Centers SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF THE National Association of Community Health Centers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR INABILITY TO USE THE WEB SITE, (II) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFETED OR FAILED TO BE EFFECTED, (III) ANY LINK PROVIDED IN CONNECTION WITH THE WEB SITE, OR (IV) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE WEB SITE.
In the event that the National Association of Community Health Centers permits you to upload, post, e-mail or otherwise transmit content, data, information or other materials (collectively, “User Content”) for display on the Web site or otherwise, you will be responsible for all such User Content that you upload, post, email or otherwise transmit using the Web site. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that appears on the Web site and not to download, email or otherwise transmit such User Content in violation of such third party’s rights. By submitting User Content to the National Association of Community Health Centers, you automatically grant, or warrant that the owner of such User Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content.
You are expressly prohibited from placing any message in any User Content or any product, good or service or otherwise transmitting through or posting on the Web site (including in any e-mail message or any chat board posting) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, “Prohibited Conduct”). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that the National Association of Community Health Centers is not responsible or liable to you or any other party or user of the Web site for any Prohibited Conduct by you or any other party or user of the Web site.
You may not collect or store personal data of other users of the Web site without the prior, written permission of such user(s). You may not directly or indirectly, intentionally disrupt or interfere with the Web site in any manner that may adversely affect the National Association of Community Health Centers or any user of the Web site. You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
By your use of the Web site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Web site. You further represent and warrant that your and your employees and agents use of the Web site and of any data input into or generated by the Web site shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.
You further agree and acknowledge that you are solely responsible for inputting and retrieving data using the Web site, and for the accuracy and adequacy of information and data furnished using the Web site. If you are a healthcare provider: (a) you have full responsibility for the care and well being of patients and any reliance on the Web site shall not diminish that responsibility; and (b) you are responsible for establishing such procedures as you deem appropriate in your professional judgment to verify the accuracy of data transmitted hereunder and to provide backup procedures for any loss of data or unavailability of the Web site.
You acknowledge and agree that by providing the Web site hereunder, the National Association of Community Health Centers is not rendering medical or other health care services or engaged in the practice of medicine and shall not be liable to any party for any act or failure to act relating thereto, in addition to any limitation of liability provisions contained in this Agreement.
If you contact the National Association of Community Health Centers with information (other than personally identifying information pursuant to our Privacy Statement) including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Web site, the content of the Web site or any item on the Web site (collectively, “User Feedback”), the User Feedback shall be deemed to be non-confidential and the National Association of Community Health Centers shall have no obligation of any kind with respect to the User Feedback. In addition, you agree and acknowledge that the National Association of Community Health Centers shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, the National Association of Community Health Centers shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. The National Association of Community Health Centers shall not be liable or owe any compensation for the use or disclosure of the User Feedback.You acknowledge and agree that by providing the Web site hereunder, the National Association of Community Health Centers is not rendering medical or other health care services or engaged in the practice of medicine and shall not be liable to any party for any act or failure to act relating thereto, in addition to any limitation of liability provisions contained in this Agreement.
Unless otherwise specified, the materials, information, products and services available on the Web site are solely available in or applicable to the United States, its territories, possessions and protectorates. The National Association of Community Health Centers makes no representation that materials or information in this Web site, or the products and services available on the Web site, are appropriate or available for use outside the United States. Those who choose to access the Web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Web site is further subject to United States export controls. No software from this Web site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to defend, indemnify and hold the National Association of Community Health Centers, its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any third party claim, action or demand (“Claim”) and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web site and/or its Content and/or User Content. The National Association of Community Health Centers shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
The National Association of Community Health Centers reserves the right to terminate this Agreement in appropriate circumstances if you infringe upon the intellectual property rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), our designated agent for notice of alleged copyright infringement in connection with the Web site is:
Alexandra Walker
7501 Wisconsin Ave, Suite 1100W
Bethesda, MD 20814
To file a notice of infringement with the National Association of Community Health Centers, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at http://lcweb.loc.gov/copyright/
You understand and agree that the National Association of Community Health Centers may from time to time amend this Agreement and establish and revise practices and limitations concerning the Web site and your use of the Web site. You agree that the National Association of Community Health Centers shall have no liability for the deletion or failure to store any messages and other communications or other Content or User Content maintained on the Web site or transmitted using the Web site. This Agreement constitutes the entire agreement between you and the National Association of Community Health Centers with respect to the Web site and governs your use of the Web site. You also may be subject to additional terms and conditions that may apply when you use third party content or Web site available through the Web site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and the National Association of Community Health Centers and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement and the relationship between you and the National Association of Community Health Centers will be governed by the laws of the State of Maryland, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and the National Association of Community Health Centers will rest exclusively in the state and federal courts located in the State of Maryland. The failure of the National Association of Community Health Centers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Web site or this Agreement must be filed within one year after such claim or cause of action arose. The National Association of Community Health Centers may provide notice to you by e-mail or regular mail. The Web site may also provide notice of changes to this Agreement at any time and from time to time by displaying notices to you on pages of the Web site. The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.