PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
YOU AGREE TO READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Website.
HIPAA Exams, Inc. ("HIPAA Exams") provides small and medium sized businesses and organizations with (i) HIPAA, First Aid, Cardio-Pulmonary Resuscitation ("CPR"), Blood Borne Pathogen and other training courses (the "Training Courses"). The Department of Health and Human Services ("HHS"), Red Cross, ECC, AHA does not certify or recommend any organization as compliant. The training courses are our interpretations of the guidelines. We are not backed, represented or certified by any network or organization as that may be interpreted as a violation of the law. Compliance is in the implementation of the guidelines not the training. The training course is intended to consolidate and organize the guidelines provided by other organizations. It is the responsibility of the individual organizations to implement and comply with guidelines. HIPAA Exams makes no representation that its training course complies with any guidelines. If this does not suit your needs we suggest not using this site.
The following are the terms and conditions for access to this web site and use of the HIPAA Course. 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 © 2007-2012 HIPAA Exams, Inc. All rights reserved.
This website, 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' trademark or other intellectual property rights concerning that name or logo.
Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
* Simply reviewing the HIPAA Course does not make your organization compliant. You must implement all of the HHS guidelines, not just review them.
* HHS & State HIPAA guidelines are constantly changing and being interpreted. You must review them on an on-going basis in order to stay compliant.
* This training course does not encompass your state guidelines.
* HHS certifies no training organization.
* This training course is our interpretation of HHS HIPAA guidelines.
* HIPAA Exams takes no responsibility for the content or it's accuracy.
* The HIPAA Course may only be used for lawful purposes.
3. Training Courses and Support
4. Restrictions and Responsibilities
4.1 No Rights in Software. This is an Agreement for services and access to this website, 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 HIPAA Course or any software, documentation, or data related to the HIPAA Course ("Software"); remove any proprietary notices or labels from the HIPAA Course or any Software, modify, translate, or create derivative works based on the HIPAA Course or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the HIPAA Course or any Software.
Unless you are an authorized reseller of the HIPAA Course, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the HIPAA Course or the Software, or any content, including but not limited to newsletters, distributed to you by HIPAA Exams in connection with the HIPAA Course. Violation of these restrictions may result in the termination of this Agreement.
4.2 Permitted Use of the Training Courses. The Training Courses shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Training Courses or any Software for time sharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Training Courses 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 Training Courses, 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.
4.3 Compliance with Laws; You shall use the Training Courses 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 Training Courses, HIPAA Exams may do so and may block any e-mail messages, remove any such content or prohibit any use of the Training Courses that HIPAA Exams believes may be (or is alleged to be) in violation of the foregoing.
4.4 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 Training Courses or (iii) otherwise arises from or relates to your use of the HIPAA Course. In addition, you acknowledge and agree that HIPAA Exams has the right to seek damages when you use the HIPAA Course 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.
4.5 Your Information. In using the varied features of the Training Courses, 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 Training Courses to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the HIPAA Course 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.
4.6 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 Training Courses 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 Training Courses, 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 HIPAA Course, 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.
4.7 Choice of Law as added by Beaumont Vance, Consent to Jurisdiction, and Forum Selection. This Agreement shall be interpreted under the laws of the State of Colorado. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of Denver, State of Colorado. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Denver, State of Colorado shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. Any final judgement rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgement and may be enforced in other jurisdictions in any manner provided by law.
4.8 Agreement to Pay. You agree to pay HIPAA Exams for the training courses at the then current HIPAA Exams prices. All charges must be paid in advance according to the then current HIPAA Exams prices.
4.9 Payment. You agree to pay HIPAA Exams for all charges at the prices then in effect for any training course taken by you or other persons (including your agents), and you hereby authorize HIPAA Exams to collect fees by charging the credit or debit card you provide to us. You hereby authorize HIPAA Exams to charge your credit or debit card to pay for any charges that may apply to your account. You must notify HIPAA Exams of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit HIPAA Exams from charging your account.
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 Training Courses, 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.
6. Warranty Disclaimer; Remedies
USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE Training Courses, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. HIPAA Exams DOES NOT WARRANT THAT THE Training Courses 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 non-performance of the HIPAA Course shall be for HIPAA Exams to use commercially reasonable efforts to adjust or repair the Training Courses.
7. 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.
8. Information Collection
Our primary goals in collecting information are to provide and improve our services, features and content, and to enable users to easily use the Training Courses.
In the course of using our services, we ask you to provide us with certain personally identifiable information that can be used to contact or identify you and administer your account ("Personal Information"). Personal Information may include, but is not limited to, your name, phone number, credit card or other billing information, email address and home and business postal addresses. We use your Personal Information mainly to provide the services and administer your inquiries.
We will not sell or otherwise provide your Personal Information to any third parties for commercial or non-commercial purposes.
We also use your Personal Information to contact you with HIPAA Exams newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please contact HIPAA Exams' Customer Support.
We use your Personal Information and the Personal Information of any employee you enter into the system in order to send annual renewal notices via email. You and the employees you enter into the system agree to receive these emails and further agree they are not a solicition but informational and required. Employers agree that they may opt-out their account administrators from further notices at any time. However, employees must opt-out themselves and can not be opt-out by the employer as this may deny the employee of regulatory updates.
HIPAA Exams is very concerned with safeguarding your information. We employ reasonable physical, technological, and administrative security measures and attempt to ensure they are applicable under the circumstances. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We will make any legally required disclosures of any breach of the security, confidentiality or integrity of your unencrypted electronically stored Personal Data (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
10. Change of Terms
HIPAA Exams may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on our website. These changes become binding and effective the date they are posted to our website. No further notice is required by upon your continued use of the website. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service.
11. Entire Agreement
This Agreement and all policies and guidelines incorporated in this Agreement by reference constitute the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.