Accreditation is willing to authorize Your access to Software associated with this End User
License Agreement only upon the condition that You accept that this Agreement governs
Your use of the Software and all services offered by Accreditation. By selecting the "Accept
License Agreement" button or installing or using Accreditation Software, You indicate
acceptance of this Agreement and Your agreement, as an authorized representative of Your
company or organization (if being acquired for use by an entity) or as an individual, to comply
with these license terms. If You are not willing to be bound by this Agreement, do not select
the "Purchase Now" button or box (or the equivalent) and do not download or access the
software in or any of Accreditation services in any way.
Definitions
"Accreditation" refers to Accreditation LLC. "You" and "Your" refers to (a) a company or
organization (each an "Entity") accessing the Software, if use of the Software will be on behalf
of such Entity; or (b) an individual accessing the Software, if use of the Software will not be on
behalf of an Entity. "Software" refers to any and all downloadable software, online services,
web application, Apps, or software stored on the cloud that You will use in connection with this
Agreement. This also includes any updates, error corrections, and/or Software Documentation
provided by Accreditation. "License Agreement" means this End User License Agreement and
any documents it may incorporate by reference (e.g. Privacy Policy, Terms of Service).
License Rights and Restrictions
Accreditation grants You a personal, nonexclusive, nontransferable, limited license to (1)
internally use the Software for your internal business operations (i.e., no use by any third
party).
You will defend, indemnify and hold harmless Accreditation from and against any damages,
costs, liabilities, settlement amounts and/or expenses (including attorney's fees) incurred in
connection with any claim, lawsuit or action by any third party that arises as a result of Your
activities undertaken in connection with the Software or the distribution and reproduction of
the Redistributables, or any combination of any Redistributables with any of Your programs
that You distribute.
You expressly acknowledge that this is a non-exclusive, non-transferable, non-sublicensable
license to use the Software. You expressly acknowledge and agree that this Agreement only
permits You to access Accreditation Software. You must create your own account and must not
make the Software available in any manner to any third party, including your employees,
agents, and contractors.
You acknowledge that the Software may contain source code that is provided solely for
reference purposes pursuant to the terms of this Agreement and may not be modified.
You promise and acknowledge that you are solely responsible for all activities undertaken by
You in connection with use of the Software, including but not limited to activities undertaken
by users who gain access to your account. You are solely responsible for maintaining the
security and privacy of your account and password and hold Accreditation not liable and
harmless for activities undertaken by any user of your account.
You promise and agree that You shall (1) comply with all applicable laws and regulations,
including the agreement not to commit any crime, tortious act, or otherwise illegal conduct, (2)
that You have the right and authority to enter into this Agreement, either on Your own behalf
or on behalf of a company or other entity, (3) that You are over the age of 18, and (4) that all
information provided to Accreditation by You is true, accurate, current and complete.
All rights not expressly granted in this Agreement are reserved by Accreditation. If You want to
use the Software for any purpose other than as expressly permitted under this Agreement, You
must obtain from Accreditation a separate agreement permitting such use.
Ownership and Related Intellectual Property
Accreditation retains all ownership to the Software. You expressly acknowledge that this
Agreement does not, including implicitly, transfer or assign to You, any intellectual property
right including any patent, design, trademark, copyright or rights in any confidential
information or trade secrets, in or related to the Software. This includes creative elements both
associated with and not associated with the Software. For example, flowcharts and methods of
organizing data.
Mandatory Activation
Accreditation may require you activate the Software in a certain way and failure to do so may
result in cancellation of this License Agreement.
Customer Service and Support
For help with any Accreditation Software please contact us at support@medtrainer.com.
CHARGES AND CANCELLATION
After purchase of a subscription or use of the Software, there will be no refunds given. You
agree that Accreditation may charge to Your credit card or other payment mechanism agreed to
by both You and Accreditation, all amounts due and owing for the Software, including without
limitation subscription fees or any other fee or charge. Accreditation may change prices at any
time, including changing from a free service to a paid service provided, however, that
Accreditation provided you with prior notice of the applicable fees and agreed to pay such fees.
You agree that in the event Accreditation is unable to collect any fees owed by You to
Accreditation, Accreditation, may take any steps it deems necessary to collect such fees and
that You will be responsible for all costs and expenses incurred by Accreditation in connection
with such collection activity, including collection fees, interest court costs and attorney's fees. If
You fail to comply with any provision of this Agreement, Accreditation may terminate this
Agreement immediately and retain any fees previously paid by You. Upon any termination of
this Agreement, You must cease any further use of the Software and destroy any copies
therewith in Your possession and control.
Third Party Information
You expressly acknowledge and understand that much of the information and data provided by
the Accreditation software and its associated services is taken from various accreditation
agencies such as AAASF, AAASC, Joint Commission, and others. Additionally, mandatory
reporting may be required by various united states regulations and statutes. You further
expressly acknowledge and understand that various accreditation agencies do not represent
that their information is accurate with respect to data guarantees, timeliness, sequence,
accuracy, or completeness and that any mistakes or misinformation made by an accreditation
agency that is incorporated into Accreditation Software are the sole fault of the agencies and
not Accreditation and that if Accreditation reproduces an error originated by an agency you
expressly acknowledge and agree to not hold Accreditation liable in any way for any damages
such an error may cause. You further acknowledge that if laws or regulations change regarding
guidelines provided by accreditation agencies, and such guidelines are in conflict with changed
law or regulations yet utilized in Accreditation Software you expressly acknowledge and agree
to not hold Accreditation liable in any way for any damages such an error or conflict may cause.
Use Restrictions
By accepting this Agreement You agree not to: (a) use, copy, merge, mutilate, make derivative
works of, or transfer copies of the Software; (b) use the Software on more than one computer
or device without the appropriate permissions from Accreditation; (c) use any backup, archival
copy, or any other duplicate of the Software for any purpose other than to replace the original
copy; (d) rent, lease, sublicense, distribute, transfer, copy, modify or share the Software under
this EULA; (e) provide unauthorized third parties with access to or use of the Software; (f)
reverse engineer, disassemble, or otherwise attempt to access the source code of the Software;
(g) use the Software after any expiration, termination or cancellation of this Agreement (h)
create any derivative works based on the Software. In the even this provision is violated and
Accreditation takes legal action against you, in state court, federal court, arbitration,
international proceeding, or a judicial process of any other jurisdiction, you agree to reimburse
Accreditation for its attorney's fees and costs.
Risk of Use and Medical Information
Medical services often require licensing with various government agencies or certification
groups. By agreeing to this agreement, You expressly acknowledge, represent and warrant that
You have such appropriate certifications and are legally allowed to access such information. You
further agree that you are not accessing and using any third-party financial information,
provided by the NSLDS or otherwise, in order to harass or annoy anyone and that said
information utilized is of a sensitive and private nature warranting reasonable safeguard
precautions by You. You expressly acknowledge and agree that You are solely responsible for
compliance with all federal, state, foreign, and local laws, rules, and regulations, plus the rules
and regulations of any self-regulatory organization relating to use of the Software and the
delivery of any output.
Software is Not a Medical Device
This Software is not a medical device, nor should it be used like one. This Software assists in the
accreditation of medical services but does not diagnose or perform any medical duties. For help
with medical procedures or medical services you should consult a doctor, surgeon or other
licensed healthcare professional.
Software Does Not Provide Medical Advice
This Software does not provide medical advice. This software does not act as a referral service
or endorse any particular healthcare provider or accreditation agency. This Software provides
assistance with accreditation services regarding the medical industry. For medical advice one
should consult a doctor, surgeon or other licensed healthcare professional.
HIPAA Compliance
Along with other regulations and laws, you expressly acknowledge that using this Software is
not a substitute for compliance with any provisions the Health Insurance Portability and
Accountability Act (HIPAA). You further acknowledge that HIPAA requires confidentiality for
patient identify and care and that you will take all reasonable precautions to keep patient
identity secretive. You further understand and acknowledge that you will use all reasonable
means to keep access to Accreditation Software only to the license holder and not allow private
patient data, or data that could derive patient identify or information.
Third-Party Technology
The Software may contain or require the use of third-party technology. Accreditation may
provide certain notices to You in connection with such third-party technology. Your rights to
use separately licensed third-party technology are not restricted in by this Agreement.
However, for clarity, notwithstanding the existence of a notice, third party technology that is
not separately licensed third-party technology shall be deemed part of the Software and is
licensed to You under the terms of this Agreement.
Personal Data Collection
Accreditation collects personal data about You when you use the Software, including Your
name, employer, job title, email address, phone numbers, postal or physical address, payment
information such as Your credit card, and IP addresses. If you don't want your personal data
used in this manner, please immediately request that your account be deactivated. We will only
use your personal data in lawful ways, including without limitation, improving our software and
services, fulfilling your individual requests, and investigating unauthorized activity.
Relationship Between the Parties
You and Accreditation ("we") expressly acknowledge and agree that Accreditation is an
independent contractor and that we agree that no partnership, joint venture, or agency
relationship exists between us.
Entire Agreement; Governing Law
This Agreement may not be modified by You and the rights and restrictions may not be altered
or waived except in a writing signed by authorized representatives of Accreditation. If any term
of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain
effective. No action, regardless of form, arising out of this Agreement may be brought by You
more than one year after the cause of action has arisen. Accreditation shall have the right to
collect from You its reasonable expenses incurred in enforcing this Agreement including
internal costs and attorney's fees. Waiver or failure of Accreditation to exercise in any respect
any right provided for herein shall not be deemed a waiver of any further right hereunder. You
may not assign, transfer or sublicense Your rights, duties or obligations under this Agreement,
in whole or in part.
This Agreement is governed by the substantive and procedural laws of the State of California,
USA, and You agree to submit to the exclusive jurisdiction of, and venue in, the courts of
California in any dispute arising out of or relating to this Agreement.
Exclusion of Warranties and Conditions
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Accreditation makes no representations or warranties,and there are no conditions, endorsements,
guarantees, representations or warranties of any kind either express or implied,(including without limitation
any express or implied warranties or conditions of quality, performance, results, fitness for a particular purpose,
merchantability, merchantable quality, durability, title, non-infringement or arising by statute or otherwise in law
or from a course of dealing or usage of the trade) arising out of or related to this agreement and in no event
shall accreditation or any officer, director, employee, agent, supplier, or independent contractor of accreditation
be liable for any damages whatsoever directly or indirectly arising out of or related to this agreement or any
products or services.
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