At HIPAA Exams, we respect and protect the privacy of our customers and those who use our websites. The following Privacy Statement provides details about how your information is collected and used.

Information Collection and Use
HIPAA Exams is the sole owner of information collected on this site. We do not sell, share, or lease this information to others. HIPAA Exams collects information from our users at several different points on our website.

Our website offers several opportunities for visitors to register for promotional and informational mailings, online seminars and resources. These registration forms are often linked to our mailing lists and require users to give contact information.. We use this contact information to send users information about our company and its products and services if requested or necessary. Users may opt-out of receiving future mailings at any time.

Sharing and Usage
We will never share, sell, or lease your personal information with third parties for their promotional use. We may disclose or report personal information in limited circumstances where we believe in good faith that disclosure is required under the law.

Use of Web Technologies
We use a variety of technologies on our sites. Among these are cookies; a piece of information that our websites provide to your browser when you visit our sites. Cookies allow us to verify the login status of customers using products or services linked directly with our website, track point of entry to point of registration for those users participating in our affiliate signup programs, and to track and measure the success of a particular marketing campaign. Cookies also allow us to track overall site usage and determine areas users prefer, enabling us to make your visit to our websites easier by recognizing you when you return and helping to provide you with a customized experience. Usage of a cookie is in no way linked to any personally identifiable information while on our site. If you choose to disable cookies, you may still use our site; however, you may have limited access to some areas within our websites.

We also keep track of activity on our website via log files stored on our web servers. We collect information such as IP address, browser type and version, and pages you view. We also keep track of how you got to our site and any links you click on to leave our site. Once you leave our site, we do not track you. We use your website activity to assist us in offering you a personalized Web experience, assist you with technical support, diagnose problems with our server, administer our websites and to tailor our product and service offerings to you.

Security
We take every precaution to protect the confidentiality and security of your personal information by using industry-recognized security safeguards such as firewalls, coupled with carefully developed security procedures to protect your information from loss, misuse or unauthorized alteration. When we ask for sensitive information, such as credit card numbers, we protect it through the use of encryption during transmission, such as the Secure Socket Layer (SSL) protocol.

Choice/Opt-out
HIPAA Exams provides users the opportunity to opt-in, opt-out or change preferences via a link in the footer of most email messages. These options are made available when you sign-up for our email lists and in email messages delivered from our company.

Some communications (e.g. important account notifications and billing information) are necessary. You must cancel your account to unsubscribe from these communications.

 

 

This web site, and the information which it contains, is the property of HIPAA Exams, Inc.and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "HIPAA Exams" and the HIPAA Exams logo are registered trademarks of HIPAA Exams, Inc., under the applicable laws of the United States and/or other countries. Other HIPAA Exams product or service names or logos appearing in this Site are either trademarks or registered trademarks of HIPAA Exams, Inc. and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of HIPAA Exams's trademark or other intellectual property rights concerning that name or logo.

Copyright © 2007-2008 HIPAA Exams, Inc. All rights reserved. Except as permitted under a separate written agreement with HIPAA Exams, Inc., neither the HIPAA Exams software, nor any content that appears on any HIPAA Exams site, including but not limited to, web pages, newsletters, or templates may be reproduced, republished, repurposed, or distributed without the prior written permission of HIPAA Exams, Inc.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.

HIPAA Exams, Inc. ("HIPAA Exams") provides small and medium sized businesses and organizations with (i) a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online newsletter campaigns (the "Newsletter Marketing Product"). The Newsletter Marketing Produc and any related offerings are referred to in these Terms and Conditions of Use as the “Products). HIPAA Exams’s Products may not be used for the sending of unsolicited email ( sometimes called "spam").

The following are the terms and conditions for access to this web site and use of the Products. By checking the ‘I accept’ button on the sign-up page or by logging in to HIPAA Exams, you accept these terms and conditions.

 

1. Copyright and Trademark Information

Copyright © 2007-2008 HIPAA Exams, Inc. All rights reserved.

This web site, and the information which it contains, is the property of HIPAA Exams and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "HIPAA Exams" and the HIPAA Exams logo are registered trademarks of HIPAA Exams, Inc., under the applicable laws of the United States and/or other countries. Other HIPAA Exams product or service names or logos appearing in this Site are either trademarks or registered trademarks of HIPAA Exams, Inc. and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of HIPAA Exams’s trademark or other intellectual property rights concerning that name or logo.

2. Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

• The Products may not be used for the sending of unsolicited email (sometimes called "spam").
• The Products may only be used for lawful purposes.
• The Newsletter Marketing Product will be subject to monthly subscription fees once you have completed your free trial period or have exceeded the free subscriber limit. The Newsletter Marketing Product may also be subject to per message and overage charges.
• You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the Products.
• You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you ("Permission Based Lists") in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. You acknowledge and agree that not all messages sent through use of the Products will be received by their intended recipients.
• Every email message sent by you in connection with the Products must contain the HIPAA Exams "unsubscribe" link that allows the recipient to remove themselves from your mailing list.
• You will comply with the restrictions on content of e-mail messages and activities using the Products as set forth in this Agreement.

3. Products and Support

The Products are provided subject to these Terms and Conditions of Use, as they may be amended by HIPAA Exams, and any guidelines, rules or operating policies that HIPAA Exams may establish and post from time to time (collective, the "Agreement"), including without limitation HIPAA Exams's customer Privacy Policy, as linked from all email generated from HIPAA Exams or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Product or at HIPAA Exams's website. The Products are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Products. If you are using the Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You must complete the registration form on the HIPAA Exams sign up web page in order to use the Products. You will need to register separately for the Newsletter Marketing Product. You shall provide true, accurate, current, and complete information about yourself as requested in the registration form. You may from time to time provide HIPAA Exams's service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Products. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by HIPAA Exams or its personnel.

4. Email, Permission Practices, Image Hosting & Prohibited Content

4.1 Subscriber Opt Out. Every email message sent in connection with the Products must contain an "unsubscribe" link.

4.2 Permission Practices. You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. If you have used the HIPAA Exams feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting.

4.3 Footers. For every email message sent in connection with the Products, you acknowledge and agree that HIPAA Exams may add an identifying footer stating "Powered by HIPAA Exams" or a similar message.45.4 Use of Images Hosted by HIPAA Exams. Images hosted by HIPAA Exams on HIPAA Exams controlled servers may only be used in connection with the Products and for no other purpose whatsoever.

4.5 Prohibited Content. HIPAA Exams prohibits the use of the Products or web site by any person or entity that:

• Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
• Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
• Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
• Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
• Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
• Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
• Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
• " Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.
• Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
• Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
• Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

4.6 Right to Disable Access. HIPAA Exams, at its own discretion, may immediately disable your access to the Products without refund if HIPAA Exams believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.

5. Restrictions and Responsibilities

5.1 No Rights in Software. This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.

Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by HIPAA Exams in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.

5.2 Permitted Use of the Products. The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that HIPAA Exams perform such work at its standard professional services rates. HIPAA Exams can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.

5.3 Compliance with Laws; Monitoring. You shall use the Products only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Although HIPAA Exams has no obligation to monitor the content provided by you or your use of the Products, HIPAA Exams may do so and may block any e-mail messages, remove any such content or prohibit any use of the Products that HIPAA Exams believes may be (or is alleged to be) in violation of the foregoing.

5.4 Indemnification. You hereby agree to defend, indemnify and hold harmless HIPAA Exams and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products or (iii) otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that HIPAA Exams has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

5.5 Your Information. In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to HIPAA Exams. HIPAA Exams may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Products as a result of solicitation by a marketing partner of HIPAA Exams, HIPAA Exams may share your information with the marketing partner and the marketing partner may share related information with HIPAA Exams. HIPAA Exams will not provide your contact information to companies you have not authorized for that purpose unless required by law or unless you are terminated from HIPAA Exams due to unsolicited commercial email being sent from your HIPAA Exams account. HIPAA Exams will never sell or rent your contact lists to anyone without your permission. In the event HIPAA Exams amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.

5.6 Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to HIPAA Exams or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to HIPAA Exams by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to HIPAA Exams by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—HIPAA Exams a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.

6. Termination

You may terminate this Agreement at any time by calling HIPAA Exams Customer Support. There are no refunds for any fees paid.

HIPAA Exams may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. HIPAA Exams shall have no liability to you or any third party because of such termination or action.

HIPAA Exams may delete any of your archived data. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

7. Warranty Disclaimer; Remedies

USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. HIPAA Exams DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND HIPAA Exams INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Products shall be for HIPAA Exams to use commercially reasonable efforts to adjust or repair the Products.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL HIPAA Exams OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "HIPAA Exams") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF HIPAA Exams SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, HIPAA Exams IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF HIPAA Exams TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY HIPAA Exams TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.