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Testimonial
about Program Developer Nancy McAward:
"I was
new to nursing management and Nancy was able to coach me at
a level of understanding that was appropriate for my experience.
Her experience and knowledge of nursing management and hospital
operations is extraordinary! As I developed in my leadership
role, Nancy tailored her mentoring to challenge me in ways that
broadened my practice."
-
Marco Fernandez, RN, MSN, Director of Critical Care and Special
Care, St. Thomas Hospital
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of Service
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of Terms of Service
These
Terms of Service govern your use of all websites
published by The Healthcare Performance Institute
(“HCPI”) and ATN Associates LLC.
By using, visiting, or browsing The Healthcare
Performance Institute’s websites, you
accept and agree to be bound by these Terms
of Service. If you do not agree to these Terms
of Service, you should not use The Healthcare
Performance Institute's websites.
Changes to Terms
of Service
HCPI reserves the right,
from time to time, with or without notice
to you, to change these Terms of Service in
our sole discretion. The most current version
of these Terms of Service is posted on the
site, and can be reviewed by clicking on the
"Terms of Service" link located
at the bottom of most of the sites' pages.
The most current version of the Terms of Service
will supersede all previous versions. Your
use of the HCPI websites after changes are
made means that you agree to be bound by such
changes.
Privacy
Any information submitted
on HCPI's websites is subject to our Privacy
Policy, the terms of which are incorporated
herein.
Membership and Billing
You can find the specific details regarding your billing program with HCPI at anytime by viewing the payment terms on the registration page you used to register with your program. We reserve the right to terminate any account at any time for any reason.
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As a customer of a HCPI program, you agree that we are permitted to charge or debit, as applicable, your fees and any applicable tax or other charges you may incur in connection with your use of HCPI's services. As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The fee will be billed according to the terms on your registration page (the page where you entered your account information). You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. We will automatically bill your Payment Method for each billing period on the calendar day corresponding to the commencement of your membership, if applicable and if you are paying by installments. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by contacting us at info@healthcareperformanceinstitute.com.
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To receive certification,
you must be paid in full with your program.
You may continue to pay installments,
if offered, or be charged your remaining
balance, at your option.
Account
Access
For
programs that allow you access to a password-protected
site, HCPI works to make your online experience
as customized and personalized as practical.
In order to provide you with ease of access
to your account, HCPI may place a cookie (a
small text file) on any computer from which
you access HCPI's websites. When you revisit
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to recognize you. This allows HCPI to automatically
determine your account access privileges while
allowing you to navigate the websites without
having to repeatedly log in. It also helps
us understand and meet your interests and
needs; allow tracking and authentication of
your use of the message boards; and more accurately
collect other information, such as survey
data. You are responsible for maintaining
the confidentiality of your account and password
and for restricting access to your computer.
Disclaimers of Warranties
and Limitations on Liability
HCPI's websites and its contents
are provided "as is" and we make
no representations or warranties of any kind
with respect to HCPI's websites or its contents.
We assume no liability or responsibility for
any errors or omissions in the content of
HCPI's websites, any interruptions, failures,
or delays in the delivery of any content contained
on HCPI's websites, any losses or damages
arising from the use of the content provided
on HCPI's websites, or any conduct by users
of HCPI's websites. We disclaim all representations
and warranties, including, for example, non-infringement,
warranties of merchantability, and fitness
for a particular purpose. In addition, we
do not represent or warrant that the information
accessible via our sites is accurate, complete
or current.
In no event shall HCPI, its shareholders,
directors, officers, or employees be liable
(jointly or severally) to you for any special,
incidental, indirect or consequential damages
of any kind, or any damages whatsoever resulting
from loss of use, data or profits, whether
or not advised of the possibility of damage,
and on any theory of liability, arising out
of or in connection with the use or performance
of this information. If any applicable authority
holds any portion of this section to be unenforceable,
then liability will be limited to the fullest
possible extent permitted by applicable law.
Indemnification
You agree to indemnify, defend,
and hold HCPI and its subsidiaries, affiliates,
officers, directors, agents, co-branders or
other partners, employees, and representatives
harmless from and against any and all claims,
damages, losses, costs or expenses (including
reasonable attorneys' fees and disbursements)
which arise directly or indirectly out of
or from (i) your breach of this Agreement,
(ii) any allegation that any materials that
you submit to HCPI or post on message boards
infringe or otherwise violate the copyright,
trade secret, trademark or other intellectual
property rights of a third party, and (iii)
your access or use of the Sites and/or the
Services. This indemnification shall survive
in the event this agreement is terminated
for any reason.
Acknowledgements
With
regard to HCPI’s websites, you acknowledge
and agree that you will not :
1.
delete any legal notices, author attributions,
or proprietary designations or labels
on any part of the site;
2.
copy or otherwise re-create the source
code, reproduce, publish, distribute,
transmit, display, license, create derivative
works from, transfer or sell any information,
software, products or services obtained
through the websites;
3. transmit any content
that is harmful, threatening, unlawful,
or otherwise objectionable which may
invade another's right of privacy or
publicity;
4. post or transmit
any material that contains a virus or
corrupted data;
5. impersonate any
person or entity, including, without
limitation, an HCPI entity; or falsely
state or otherwise misrepresent your
affiliation with such a person or entity;
6. use any of the websites'
features in a manner that limits availability
of resources to other users (e.g., monopolizing
the message boards, where applicable);
7. delete or revise
any material posted by someone else;
8. violate any applicable
local, state, national or international
law;
9. submit or publish
any material that infringes on patent,
trademark, trade secret, copyright or
other proprietary rights of any party;
10. register, subscribe,
attempt to register, attempt to subscribe,
unsubscribe, or attempt to unsubscribe,
any party for any HCPI website if you
are not expressly authorized by such
party to do so; or
11. use the websites
for any purpose that is unlawful or
prohibited by these terms and conditions.
You may not use the websites in any
manner that could damage, disable, overburden
or impair HCPI's servers or networks,
or interfere with any other user's use
and enjoyment of the websites. Furthermore,
you may not attempt to gain unauthorized
access to any of the accounts, computer
systems or networks connected to HCPI
through hacking, password mining or
any other means. You may not obtain
or attempt to obtain any materials or
information through any means not intentionally
made available through websites.
Message
Boards
HCPI
websites may include message boards and other
community features. HCPI reserves the right
to monitor any content or postings on the
message boards (and other community features),
but has no obligation whatsoever to do so.
We also reserve the right to alter, edit or
refuse to post or remove any postings or content,
in whole or in part, for any reason, and to
disclose such materials and the circumstances
surrounding their transmission to any third
party in order to satisfy any applicable law,
regulation, legal process or governmental
request and to protect ourselves, our clients,
sponsors, users and visitors.
HCPI or its designated agents may remove or
alter any user-created content at any time
for any reason. Message boards and the other
public forums are provided to support the
subscription services offered. They are intended
for users and subscribers and members of HCPI.
HCPI staff may post material and information
on these public areas. HCPI expressly disclaims
all responsibility and endorsement and makes
no representation as to the validity of any
opinion, advice, information or statement
made or displayed in these forums by third
parties, nor are we responsible for any errors
or omissions in such postings, or for hyperlinks
embedded in any messages. Under no circumstances
will we, our affiliates, suppliers or agents
be liable for any loss or damage caused by
your reliance on information obtained through
these forums. The opinions expressed in these
forums are solely the opinions of the participants,
and do not reflect the opinions of HCPI or
any of its subsidiaries or affiliates.
Third Party Content
In general, the content available
on the HCPI websites is supplied by users
and third parties. As such, HCPI distributes
content without editorial control (as does
a bookstore or library). Any opinions, advice,
statements, services, offers, or other information
or content expressed or made available by
third parties, including information providers,
are those of the respective authors or distributors,
and not HCPI. Neither HCPI nor any third-party
provider of information guarantees the accuracy,
completeness, or usefulness of any content.
Furthermore, HCPI neither endorses nor is
responsible for the accuracy and reliability
of any opinion, advice, or statement made
on any of the websites by anyone other than
an authorized HCPI representative while acting
in an official capHCPIty.
Accounts, Passwords and Security
If any of the HCPI
websites require you to open an account, you
must complete the registration process by
providing HCPI with current, complete and
accurate information, as prompted by the applicable
registration form. You acknowledge that by
providing any information to HCPI which is
untrue, inaccurate, not current or incomplete,
HCPI reserves the right to terminate this
Agreement and your continued access and use
of the websites.
As part of the registration process, you will
be asked to select a password. You are entirely
responsible for maintaining the security and
confidentiality of your account and password.
Further, you are entirely responsive for any
and conduct through your account, whether
by you or someone else. You agree to notify
HCPI immediately of any unauthorized use of
your account or any other breach of security.
HCPI will not be liable for any loss that
you may incur as a result of someone else
using your password or account, either with
or without your knowledge. However, you may
be held liable for any losses incurred by
HCPI or another party due to someone else
using your account or password.
Intellectual Property
Copyright
The compilation of all content on this
site is the exclusive property of HCPI
and protected by U.S. and international
copyright laws. All content included on
HCPI's websites, including text, graphics,
photographs, button icons, images, audio/video
clips, logos, designs, digital downloads,
data compilations, and software, is the
property of HCPI or its suppliers and
is protected by United States and international
copyright laws. They should not be reproduced
or used without express written permission
from HCPI.
Trademarks
The Healthcare Performance Institute is
pending status as registered trademarks
of HCPI. All HCPI logos, graphics, button
icons, scripts, page headers, and service
names are now or are pending status as
trademarks or trade dress of HCPI. HCPI's
trademarks, pending trademarks, and trade
dress may not be used in connection with
any product or service that is not HCPI's,
in any manner that is likely to cause
confusion among customers, or in any manner
that disparages or discredits HCPI. All
other trademarks not owned by HCPI that
appear on HCPI's websites are the property
of their respective owners, who may or
may not be affiliated with, connected
to, or sponsored by HCPI. Any images of
persons or personalities contained on
HCPI's websites shall not be an indication
of endorsement of any particular product
or our service unless otherwise specifically
indicated.
Use
of Information Submitted
HCPI
is free to use any comments, concepts, reviews,
information, ideas, or techniques contained
in any communication you may send to HCPI,
including, without limitation, responses to
questionnaires or through postings to HCPI's
websites without further compensation, acknowledgement
or payment to you for any purpose whatsoever
including, but not limited to, developing,
manufacturing and marketing products and creating,
modifying or improving HCPI's websites or
other websites. In addition, by posting any
information on our site, submitting suggestions,
or in responding to questionnaires, you grant
us a nonexclusive, royalty-free license to
display, use, reproduce or modify that information.
Under no circumstances shall HCPI have any
obligation whatsoever to pay a fee to any
subscriber or user in connection with the
Submitted Materials upon the occurrence of
a transfer of all or any portion of HCPI's
business through a merger, sale or transfer
of its assets, nor shall the sale of advertising
on any of the websites give rise to any obligation
to pay a fee to subscribers.
You acknowledge and agree that the websites
contain proprietary and confidential information
that is protected by applicable intellectual
property and other laws, and are the sole
property of HCPI or its licensors. You further
acknowledge and agree that any content contained
in advertisements or information presented
to you through advertisers concerning HCPI
or otherwise is protected by copyrights, trademarks,
service marks, patents or other proprietary
rights and laws.
None of the Submitted Materials disclosed
or posted via community boards or other public
forums shall be subject to any obligation,
whether of confidentiality, attribution, or
otherwise, on HCPI's part and we shall not
be liable for any use or disclosure of any
such Submitted Materials.
Disclaimer of Liability
You have the responsibility
to check with applicable laws in your jurisdiction
regarding whether the approaches we suggest
meet legal or licensing requirements, or standards,
in your jurisdiction.
HCPI makes no claims about the results you
can get using our programs. The healthcare
field is a challenging one, and the people
in it have varying degrees of business skill
and ability, as well as clinical ability.
HCPI is in no way liable or responsible for
the results you achieve, or don’t, in
terms of productivity, finances, quality or
care, or quality of service. You understand
that the information in this program is not
meant to be a complete business or operational
plan. You should consult legal, accounting,
other professionals, and other resources to
fully assess your risks and opportunities.
Your Conduct on HCPI's Websites
By accessing HCPI's websites,
you agree not to upload, post, email or otherwise
send or transmit any material that contains
software viruses or any other computer code,
files or programs designed to interrupt, destroy
or limit the functionality of any computer
software or hardware or telecommunications
equipment associated with HCPI's websites.
You also agree not to interfere with the servers
or networks connected to HCPI's websites or
to violate any of the procedures, policies
or regulations of networks connected to HCPI's
websites, the terms of which are incorporated
herein. You further agree not to impersonate
any other person while using HCPI's websites,
conduct yourself in a vulgar or offensive
manner while using our service, or use HCPI's
websites for any unlawful purpose.
Limitations on Use
You must be 13 years of age
or older to use HCPI's service. Unless otherwise
specified in writing, the content on HCPI's
websites is for your personal and non-commercial
use and we grant you a limited license to
access HCPI's websites for that purpose. Without
our express written consent, you may not download
(other than through page caching necessary
for personal use), modify, copy, distribute,
transmit, display, perform, reproduce, duplicate,
publish, license, create derivative works
from, or offer for sale any information contained
on, or obtained from, HCPI's websites. Any
unauthorized use of HCPI's websites or its
contents will terminate the limited license
granted by us.
Right to Terminate
We reserve the right to terminate
or restrict your use of our service, without
notice, for any or no reason whatsoever.
Links
Some of the links on HCPI's
websites may lead to other websites that are
not controlled by, or affiliated with, HCPI.
In addition, other websites may link to HCPI's
websites. HCPI has not reviewed these websites
and is not responsible for the content or
privacy policies of these websites.
Contact
If you have questions concerning
your account, please contact Customer Service.
If you have questions concerning this privacy
policy or the terms of use, please contact
info@healthcareperformanceinstitute.com.
General Information
This Agreement and the relationship between you and HCPI shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You and HCPI irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Sarasota, in the State of Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of HCPI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herewith and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by HCPI of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
