Terms of Use

Welcome to the web site of the Certification Commission for Healthcare Information Technology (CCHITSM). This web site (the "CCHIT Web Site" or the "Web Site") provides general information about CCHIT and its products and services free of charge to users in the United States.

All users of the CCHIT Web Site are subject to the following terms and conditions of use (these "Terms of Use").

Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the CCHIT Privacy Policy [hyperlink], which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.

CCHIT may revise and update these Terms of Use at any time without notice by posting the amended terms to this Web Site. Your continued use of the CCHIT Web Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.

BACKGROUND


CCHIT is an independent, nonprofit organization whose mission is to accelerate the adoption of robust, interoperable healthcare information technology (HIT) throughout the United States by creating an efficient, credible, sustainable mechanism for the certification of HIT products. It's development work is governed by a Board of Commissioners representing a broad array of stakeholders. CCHIT's business and fnancial operations are governed by a Board of Trustees (the "Trustees") representative of key stakeholders.

COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to CCHIT or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the CCHIT Web Site for personal use or legitimate business purposes. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of CCHIT, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the CCHIT Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with CCHIT or the applicable owner of such content. Except as expressly authorized by CCHIT in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site.

SERVICE MARKS


CCHITSM and CCHIT CertifiedSM are service marks of CCHIT. The terms CCHIT and CCHIT Certified, the CCHIT and CCHIT Certified logos and all related names, logos, product and service names, designs and slogans are service marks of CCHIT. You may not use such marks without the prior written permission of CCHIT for any purpose, including, without limitation, in any advertising or publicity, or otherwise to indicate CCHIT's sponsorship of or affiliation with any product or service. All other names, brands and marks are used for identification purposes only and may be the service marks, trademarks or registered trademarks of their respective owners.

AUTHORIZED USE

You agree to use the CCHIT Web Site only for lawful purposes:

(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the CCHIT Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the CCHIT Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the CCHIT Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the CCHIT Web Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the CCHIT Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the CCHIT Web Site); (10) post "spam," transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone's use of the CCHIT Web Site, or which, as determined by CCHIT, may harm CCHIT or users of the CCHIT Web Site or expose them to liability.

(b) Any content and/or opinions uploaded, expressed or submitted to any publicly available section of the CCHIT Web Site (including password-protected areas), and all articles and responses to questions in such publicly available sections of the Web Site, other than the content provided by CCHIT, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of CCHIT. You understand and acknowledge that you are responsible for whatever content you submit, and you, not CCHIT, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to CCHIT in any manner, including posting to a publicly available area of the CCHIT Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to submit it or post it to the CCHIT Web Site. You understand that any postings, or content submitted for posting, to publicly available portions of the CCHIT Web Site are non confidential for all purposes. Except as otherwise specified by CCHIT at the time of submission, you grant to CCHIT the right to use all content submitted to CCHIT in any manner CCHIT chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

(c) CCHIT reserves the right, but does not assume any responsibility, to (1) remove any material posted on the CCHIT Web Site which CCHIT, in its sole discretion, deems inconsistent with the foregoing commitments, including any material CCHIT has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user's access to all or part of the CCHIT Web Site. However, CCHIT can neither review all material before it is posted on the CCHIT Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, CCHIT assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. CCHIT reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, CCHIT has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the CCHIT Web Site and may expose you to civil and/or criminal liability.

ONLINE TRANSACTIONS


Any transaction engaged in by any user through the CCHIT Web Site is governed by these Terms of Use and the specific terms and conditions for such transaction, as specified by CCHIT.

LINKS TO OTHER SITES; DEALINGS WITH THIRD PARTIES


The CCHIT Web Site contains links to other web sites on the Internet. CCHIT is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the CCHIT Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.

If you choose to correspond, participate in a promotion or engage in transactions with any other organization or business found on or through this Web Site, including, without limitation, any of the Sponsors, you acknowledge and agree that CCHIT is not a party to, and will not be responsible for, your interaction with such organization or business, including its treatment of your information and the terms and conditions applicable to any transaction between you and such third party. The terms of your interaction with any third party are solely between you and such third party. You agree that CCHIT will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such organizations or businesses on this Web Site.

LIABILITY OF CCHIT AND ITS TRUSTEES


CCHIT and its Trustees do not assume any liability for the materials, information and opinions provided on, or available through, the CCHIT Web Site (the "Site Content"). Reliance on the Site Content is solely at your own risk. CCHIT and its Trustees disclaim any liability for injury or damages resulting from the use of any Site Content.

THE CCHIT WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE OR OTHERWISE THROUGH CCHIT (THE "CCHIT SERVICES") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER CCHIT, NOR ANY TRUSTEE, NOR ANY PERSON ASSOCIATED WITH CCHIT OR ANY
TRUSTEE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE CCHIT WEB SITE, THE SITE CONTENT OR THE CCHIT SERVICES . SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER CCHIT, NOR ANY TRUSTEE, NOR ANY PERSON ASSOCIATED WITH CCHIT OR ANY TRUSTEE, WARRANTS OR REPRESENTS THAT THE CCHIT WEB SITE, THE SITE CONTENT OR THE CCHIT SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE CCHIT WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CCHIT WEB SITE, THE SITE CONTENT OR THE CCHIT SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CCHIT AND ITS SPONSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

IN NO EVENT WILL CCHIT OR ITS LICENSORS, CONTRACTORS OR TRUSTEES, OR ANY PERSON ASSOCIATED THEREWITH, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE CCHIT WEB SITE, THE SITE CONTENT, THE CCHIT SERVICES OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CCHIT WEB SITE, THE SITE CONTENT OR THE CCHIT SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY CCHIT OR ITS LICENSORS, CONTRACTORS OR TRUSTEES, AND WHETHER OR NOT CCHIT OR ITS LICENSORS, CONTRACTORS OR TRUSTEES HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

INDEMNIFICATION


You agree to indemnify and hold harmless CCHIT and its officers, directors, employees, agents, affiliates, Trustees, third party information providers, licensors and others involved in the CCHIT Web Site or the delivery of products, services or information over the CCHIT Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys' fees, arising from any violation by you of these Terms of Use or your use of the CCHIT Web Site or any products, services or information obtained from this Web Site.

PRIVACY; PROTECTION OF PERSONAL INFORMATION


CCHIT's use of your personal information and your responsibilities in connection with protecting your privacy are described in the CCHIT Privacy Policy, which is incorporated by reference into these Terms of Use.

COMPLIANCE

The owner of this Web Site is based in the State of Illinois, USA. CCHIT makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.

CONTACT

Please contact Alisa Ray at aray@cchit.org or (312) 233-2583 if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.

MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and CCHIT with respect to the CCHIT Web Site and the CCHIT Services, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect, except as otherwise specified by CCHIT with respect to any particular CCHIT Service. Any cause of action you may have with respect to the CCHIT Web Site or any CCHIT Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the CCHIT Web Site or any CCHIT Service shall be in the state or federal courts located in or near Chicago, Illinois. You agree to submit to the jurisdiction of such courts.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

CCHIT's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and CCHIT nor any trade practices shall be deemed to modify these Terms of Use.


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