AccredAbility End User License Agreement

 

AccredAbility 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 AccredAbility. By selecting the "Accept License Agreement" button or installing or using AccredAbility 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 AccredAbility services in any way.

Definitions

"AccredAbility" refers to AccredAbility 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 AccredAbility. "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

AccredAbility 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 AccredAbility 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 AccredAbility 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 AccredAbility 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 AccredAbility by You is true, accurate, current and complete. All rights not expressly granted in this Agreement are reserved by AccredAbility. If You want to use the Software for any purpose other than as expressly permitted under this Agreement, You must obtain from AccredAbility a separate agreement permitting such use.

Ownership and Related Intellectual Property

AccredAbility 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

AccredAbility 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 AccredAbility Software please contact us at info@AccredAbility.com.

CHARGES AND CANCELLATION

After purchase of a subscription or use of the Software, there will be no refunds given. You agree that AccredAbility may charge to Your credit card or other payment mechanism agreed to by both You and AccredAbility, all amounts due and owing for the Software, including without limitation subscription fees or any other fee or charge. AccredAbility may change prices at any time, including changing from a free service to a paid service provided, however, that AccredAbility provided you with prior notice of the applicable fees and agreed to pay such fees. You agree that in the event AccredAbility is unable to collect any fees owed by You to AccredAbility, AccredAbility, may take any steps it deems necessary to collect such fees and that You will be responsible for all costs and expenses incurred by AccredAbility 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, AccredAbility 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 AccredAbility 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 AccredAbility Software are the sole fault of the agencies and not AccredAbility and that if AccredAbility reproduces an error originated by an agency you expressly acknowledge and agree to not hold AccredAbility 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 AccredAbility Software you expressly acknowledge and agree to not hold AccredAbility 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 AccredAbility; (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 AccredAbility 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 AccredAbility 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 AccredAbility 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. AccredAbility 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

AccredAbility 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 AccredAbility ("we") expressly acknowledge and agree that AccredAbility 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 AccredAbility. 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. AccredAbility 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 AccredAbility 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

  • Accredability 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 accredability or any officer, director, employee, agent, supplier, or independent contractor of accredability 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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