Professional Assessment for Workforce Accelerator Participants Terms of Use
The National Association for Healthcare Quality (“NAHQ,” “we,” “us,” or “our”) agreed to provide you with access to and use of NAHQ’s Professional Assessment pursuant to an agreement with your employer (“Sponsor”). The following terms and conditions, and any documents they expressly incorporate by reference (collectively, “Terms”), govern your access to and use of NAHQ’s Professional Assessment, including the webpages, software, content, functionality, information, data, scores, rankings, results, and reports offered on or in conjunction with NAHQ’s Professional Assessment (collectively, “Professional Assessment”).
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY.
THESE TERMS TAKE EFFECT WHEN, IN NAHQ’S PROFESSIONAL ASSESSMENT PRE-SURVEY QUESTIONNAIRE, YOU: (i) CHECK THAT YOU ACCEPT THESE TERMS; AND (ii) CLICK THE “SAVE” BUTTON. BY DOING SO, YOU: (i) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (ii) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS; AND (iii) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS.
IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE PROFESSIONAL ASSESSMENT AND THE INFORMATION YOU PROVIDE IN NAHQ’S PROFESSIONAL ASSESSMENT PRE-SURVEY QUESTIONNAIRE WILL NOT BE SAVED.
1. 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 Professional Assessment thereafter. Your continued use of the Professional Assessment, 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 Professional Assessment to ensure you are aware of any changes.
2. Access and Use.
2.1. Access and Use Limited License. Subject to and conditioned on your acceptance and compliance with these Terms, NAHQ hereby grants you a limited, personal, non-exclusive, non-transferable, non- assignable, non-sublicensable, royalty-free license to access and use NAHQ’s Professional Assessment to:
(i) Assess the work you perform relative to NAHQ’s healthcare quality competencies;
(ii) Compare your NAHQ Professional Assessment score to the aggregate Professional Assessment scores of other individuals who have completed the Professional Assessment;
(iii) Compare your NAHQ Professional Assessment ratings to the aggregate NAHQ Professional Assessment ratings of other individuals who have completed the Professional Assessment across healthcare quality domains, competencies, and behaviors;
(iv) Create an individual professional healthcare quality competency development plan for yourself;
(v) Access resources to assist you in creating your individual professional healthcare quality competency development plan;
(vi) Temporarily store copies of the Professional Assessment in random-access memory (RAM) (or memory used for similar purposes) on your computer device, incidental to you accessing the Professional Assessment;
(vii) Store files related to the Professional Assessment that are automatically cached by your web browser for display enhancement purposes; and
(viii) Print or download a copy of your Professional Assessment report, for your individual use in assessing the work you perform relative to NAHQ’s healthcare quality competencies and creating an individual professional healthcare quality competency development plan for yourself.
Except as provided in this Section 2.1, you may not otherwise access or use the Professional Assessment.
2.2. Access and Use Restrictions. You may not:
(i) Reproduce all or any part of the Professional Assessment, except as provided in Section 2.1;
(ii) Create derivative works based upon, publicly display, publicly perform, lease, license, rent, sell, or re-sell all or any part of the Professional Assessment;
(iii) Provide access to the Professional Assessment in whole or in part to any individual or entity;
(iv) Make the Professional Assessment available, in whole or in part, to any individual or entity;
(v) Allow any individual or entity to use the Professional Assessment in whole or in part;
(vi) Access or use the Professional Assessment to develop or assist others with the development of other goods or services or for purposes of competitive analysis;
(vii) Delete or alter any copyright, trademark, or other proprietary rights notices from the Professional Assessment or any copies;
(viii) Circumvent any copy protection, rights management, or security features in or protecting the Professional Assessment;
(ix) Reverse engineer, disassemble, decompile, decode, adapt, otherwise attempt to derive or gain access to the source code of the Professional Assessment;
(x) Introduce into or activate within the Professional Assessment any malicious or technologically harmful material;
(xi) Use any robot, spider, or other automatic means to access the Professional Assessment for any purpose, including monitoring or copying all or any part of the Professional Assessment;
(xii) Access or use the Professional Assessment in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any individual or entity, or that violates any applicable law, regulation, or rule;
(xiii) Interfere with the proper working of the Professional Assessment; or
(xiv) Otherwise access or use the Professional Assessment beyond the scope of the limited access and use rights granted to you in Section 2.1 or in any manner that is inconsistent with these Terms.
If you wish to access or use the Professional Assessment, in whole or in part, in any manner not permitted by Section 2.1, please address your request to NAHQ at: info@nahq.org. NAHQ is not required to grant your request.
2.3. Geographic Restrictions. NAHQ and the Professional Assessment are based in Illinois, United States. Only individuals residing and working in the United States are permitted to access and use the Professional Assessment. You represent and warrant that you are an individual residing and working in the United States.
2.4. Professional Restrictions. Only practicing healthcare quality professionals are permitted to access and use the Professional Assessment. You represent and warrant that you are a practicing healthcare quality professional.
3. Professional Assessment Responses. In order to use the Professional Assessment, you must complete the Professional Assessment regarding the activities you most often perform as part of your work duties. You represent and warrant that all information you submit through the Professional Assessment (“Responses”) is accurate and complete. YOU ACKNOWLEDGE THAT NAHQ OWNS YOUR RESPONSES. YOU HEREBY ASSIGN TO NAHQ ALL RIGHT, TITLE, AND INTEREST IN, AND NAHQ IS FREE TO USE, WITHOUT ANY ATTRIBUTION OR COMPENSATION TO YOU OR ANY THIRD-PARTY, YOUR RESPONSES, FOR ANY PURPOSE WHATSOEVER, ALTHOUGH NAHQ IS NOT REQUIRED TO USE YOUR RESPONSES.
4. Healthcare Quality Professional Competency Rankings. You acknowledge that your healthcare quality professional percentile rankings provided by the Professional Assessment are based on your Responses and the resulting scores are compared to the Professional Assessment responses and resulting scores provided by other users. As more users provide responses or as existing users update their responses, your percentile rankings may change. Accordingly, the percentile rankings you receive from the Professional Assessment may change over time.
5. Intellectual Property Rights. NAHQ is and will remain the exclusive owner of: (i) its names and logos and its products’, services’, courses’, events’, and websites’ names and logos (“NAHQ Marks”); (ii) NAHQ’s products, services, courses, events, and websites, including the Professional Assessment (“NAHQ’s Educational Products and Services”); and (iii) all associated Intellectual Property Rights. For purposes of these Terms, “Intellectual Property Rights” means trademarks, copyrights, patents, trade secrets, database rights, and other intellectual property rights throughout the world. No right, title, or interest in or to the NAHQ Marks, NAHQ’s Educational Products and Services, or the associated Intellectual Property Rights are assigned or transferred to you, and all rights not expressly granted to you under these Terms are reserved by NAHQ.
6. Accessing Professional Assessment. The Professional Assessment is only available online through www.nahq.org. You are responsible for making all arrangements necessary for you to securely access and use the Professional Assessment. To access and use the Professional Assessment, you must have a MyNAHQ account username (your email address) and password. You are prohibited from providing any individual or entity with your username and password. You must notify us immediately of any unauthorized access to or use of your username or password or the Professional Assessment or any other related security breach. You are responsible and liable for all activity occurring under your username and password, including access to and use of the Professional Assessment. We have the right to disable or suspend your username or password at any time, in our discretion, for any or no reason, including if, in our opinion, you violated these Terms. Information on how to recover or reset your username or password is available at NAHQ.org.
7. Updates, Maintenance, Support, Alterations, Suspension, and Withdrawal. NAHQ is entitled, but is not obligated, to update or provide maintenance or support for the Professional Assessment. NAHQ IS ENTITLED TO ALTER, SUSPEND, OR WITHDRAW THE PROFESSIONAL ASSESSMENT IN WHOLE OR IN PART, AT ANY TIME, FOR ANY PERIOD, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE, IN ITS DISCRETION.
We reserve the right to withdraw or amend the Professional Assessment, in our discretion, without notice. We will not be liable if, for any reason, all or any part of the Professional Assessment is 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 Professional Assessment.
8. Feedback. NAHQ welcomes your evaluations, information, input, ideas, recommendations, suggestions, and other feedback regarding NAHQ’s Educational Products and Services, including the Professional Assessment (“Feedback”). If you provide Feedback to NAHQ, NAHQ has no obligation to keep the Feedback confidential. You hereby assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third-party, your Feedback, for any purpose whatsoever, although we are not required to use your Feedback.
9. Other Terms and Conditions. In addition to the Professional Assessment, NAHQ offers other educational and professional products, services, courses, events, and websites. These Terms govern your access to, and use of, the Professional Assessment. Other NAHQ products, services, courses, events, and websites are subject to different terms and conditions. Before accessing and using any NAHQ products, services, courses, events, or websites you are strongly encouraged to read the applicable terms and conditions.
10. Other Website Links. If the Professional Assessment 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, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites and resources linked to the Professional Assessment, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Before accessing and using any third-party websites, you are strongly encouraged to read the websites’ privacy policies and other applicable terms and conditions.
11. Privacy Policy. NAHQ complies with its privacy policy available at Privacy Policy – NAHQ (“Privacy Policy”) in connection with your personal information provided to us either by you or by your Sponsor. The Privacy Policy is subject to change as described therein. By accepting these Terms, you acknowledge you reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your personal information in compliance with the then-current version of our Privacy Policy, whether the information is provided to us by you or your Sponsor.
12. Participation Disclosures. WITHOUT LIMITING SECTION 11 AND THE POTENTIAL USES OF PERSONAL INFORMATION WE IDENTIFY IN OUR PRIVACY POLICY, YOU HEREBY GRANT NAHQ PERMISSION TO DISCLOSE ALL OF YOUR PERSONAL INFORMATION NAHQ MAY HAVE IN ITS POSSESSION OR CONTROL TO YOUR SPONSOR.
13. Disclaimer. THE PROFESSIONAL ASSESSMENT IS PROVIDED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE PROFESSIONAL ASSESSMENT IS AT YOUR SOLE RISK. NAHQ MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PROFESSIONAL ASSESSMENT, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE PROFESSIONAL ASSESSMENT 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 PROFESSIONAL ASSESSMENT 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.
14. Indemnification. 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: (i) acts or omissions; (ii) breach of these Terms; (iii) violation of applicable law; and/or (iv) access to or use of the Professional Assessment. Despite this provision, you are not required to defend or indemnify a NAHQ Person for Claims caused by that NAHQ Person’s willful or wanton misconduct.
15. Limitation of Liability. NAHQ’S AND THE OTHER NAHQ PERSONS’ (DEFINED IN SECTION 14) MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE PROFESSIONAL ASSESSMENT, YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE PROFESSIONAL ASSESSMENT, OR YOUR PERSONAL INFORMATION IN NAHQ’S POSSESSION OR CONTROL, IS LIMITED TO $25.00. 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. THIS SECTION STATES NAHQ’S AND THE OTHER NAHQ PERSONS’ MAXIMUM AGGREGATE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM OR ACTION BROUGHT AGAINST NAHQ AND/OR THE OTHER NAHQ PERSONS BY YOU ARISING OUT OF OR RELATED TO THESE TERMS, THE PROFESSIONAL ASSESSMENT, YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE PROFESSIONAL ASSESSMENT, OR YOUR PERSONAL INFORMATION IN NAHQ’S POSSESSION OR CONTROL. 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 SECTION 15 DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15.1. Legal Notice for New Jersey Residents. The limitations of liability stated in Section 15 do not apply to you if you are a New Jersey resident. In addition, if you are a New Jersey resident, nothing in these Terms waives any rights you may have under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act, to the extent it applies.
16. Term and Termination. As discussed above, these Terms take effect when, in NAHQ’s Professional Assessment Pre-Survey Questionnaire, you: (i) check that you accept these Terms; and (ii) click the “SAVE” button. Regardless of when you accept these Terms, your limited license to complete the Professional Assessment automatically expires at the end of the pilot period agreed upon by NAHQ and your Sponsor, unless terminated earlier or extended by NAHQ in its discretion. Your right to access and use the Professional Assessment automatically terminates if you violate these Terms, or if NAHQ’s contract with your Sponsor, pursuant to which you are permitted to access and use the Professional Assessment, is terminated. In addition, NAHQ may terminate or suspend your access to or use of the Professional Assessment with or without cause, with or without notice, at any time, in its discretion.
17. Representations and Warranties. You represent and warrant that: (i) you have read, understand, and will abide by these Terms; (ii) you are employed by your Sponsor; (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); (v) you will comply with your obligations and exercise your rights under these Terms in accordance with applicable law; and (vi) you are of legal age and you are legally capable of entering into these Terms.
18. Governing Law and Choice of Forum. The laws of the State of Illinois, excluding its choice of law rules, govern these Terms. You or NAHQ shall institute any action arising out of or relating to these Terms, the Professional Assessment, your access or use or inability to access or use the Professional Assessment, or your personal information in NAHQ’s possession or control, 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.
19. 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, THE PROFESSIONAL ASSESSMENT, YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE PROFESSIONAL ASSESSMENT, OR YOUR PERSONAL INFORMATION IN NAHQ’S POSSESSION OR CONTROL.
20. Limitations Period. YOU MUST BRING ANY ACTION AGAINST NAHQ OR ANY NAHQ PERSONS ARISING OUT OF OR RELATED TO THESE TERMS, THE PROFESSIONAL ASSESSMENT, YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE PROFESSIONAL ASSESSMENT, OR YOUR PERSONAL INFORMATION IN NAHQ’S POSSESSION OR CONTROL, 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, THE PROFESSIONAL ASSESSMENT, YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE PROFESSIONAL ASSESSMENT, OR YOUR PERSONAL INFORMATION IN NAHQ’S POSSESSION OR CONTROL, UNDER ANY LONGER STATUTE OF LIMITATIONS.
21. Injunctive Relief. You acknowledge that your breach of these Terms would give rise to irreparable harm to NAHQ for which monetary damages would not be an adequate remedy and in the event of such a breach or a threatened breach by you of these Terms, in addition to any and all other rights and remedies that may be available to NAHQ under these Terms, at law, at equity, or otherwise, NAHQ is entitled to equitable relief, including a temporary restraining order, an injunction, and any other relief that may be available from a court having jurisdiction, without any requirement to: (i) post a bond or other security; or (ii) prove actual damages or that monetary damages will not afford an adequate remedy.
22. 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.
23. 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.
24. Assignment. You are not entitled to assign your rights or delegate your obligations under these Terms. NAHQ is entitled to assign its rights and delegate its obligations under these Terms.
25. 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.
26. Severability. 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.
27. Third-Party Beneficiaries. Except as otherwise provided in this Section 27, these Terms are for the exclusive benefit of you and NAHQ and nothing in these Terms confers on any other individual or entity any right, benefit, or remedy. Despite the foregoing, all NAHQ Persons are intended third-party beneficiaries of Sections 14, 15, 18, 19, and 20 of these Terms.
28. Notice. Any notice to us must be sent by email to info@nahq.org, with proof of delivery. Any notice to you must be sent by email to your email address listed in your MyNAHQ account.
29. Conflicts. If there is a conflict between these Terms and any other NAHQ terms of use, contract, policy, procedure, or document, which could apply to your access and use of the Professional Assessment, these Terms govern and control your access and use of the Professional Assessment.
30. 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 Professional Assessment, remain in force after the expiration or termination of these Terms or your right to access and use the Professional Assessment, including Sections 5, 7 through 32.
31. 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.
32. Your Comments and Concerns. The Professional Assessment 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 Professional Assessment should be directed to NAHQ at: info@nahq.org.
