Terms of Use

Terms of Use and Privacy Policy

Terms of Use

NICHQ.org is an Internet system that provides resources to people all around the world to help them take effective action to improve children’s health. It will be helpful to people in many different roles in the healthcare system — including (but not limited to) physicians, nurses, other clinicians, managers, executives, policy-makers, educators, parents, caregivers and interested members of the lay public.

NICHQ.org is owned and operated by the National Institute for Children’s Health Quality, Inc. (NICHQ), a Massachusetts nonprofit corporation. By using our website, you agree to the following Terms of Use, as well as our Privacy Statement (as more fully described below), the terms of which are hereby incorporated into this agreement by reference, which constitute an agreement between the NICHQ and you. If you do not agree to these Terms of Use, please do not use NICHQ.org.

When we refer to ourselves as "we," "us," "our," and similar terms, we mean NICHQ, including any subsidiary we control. We may change these terms from time to time. Use constitutes your acceptance of such changes. You will always be able to view the most current version by clicking on a link at the bottom of any page on our site.

Scope of These Terms

Disclaimer of Warranties and Liability

Copyright

Trademarks

Policy on Using and Sharing NICHQ.org Content

Linking to Us

Content That You Submit to NICHQ.org

Advertising/Sponsorship and Solicitation Policy

Procedures for Making and Responding to Claims of Copyright Infringement

Laws That Govern This Agreement

About the Privacy Statement

No Unlawful or Prohibited Conduct

Consequences

Reporting a Violation

General

Questions

 

Scope of These Terms

These Terms of Use apply to your use of the NICHQ.org website and to tools and platforms accessible through NICHQ.org, including our Online Communities (“the Communities”), the Improvement Lab (“ILab”) and the Online Learning Center (“Learning Center”). We may have other websites that may be covered by different Terms of Use. The Terms of Use for each of our websites are available on those sites. When you leave one of our websites and go to another website (whether controlled by us or by a third party), different terms may apply.

Disclaimer of Warranties and Liability

NICHQ.org is a resource presented for the sole purpose of helping healthcare professionals improve care for the children and families that they serve. We include a lot of information on NICHQ.org, including articles, references, tools, databases and advertising. While we hope you find the information helpful, if you are a healthcare professional you should remember that the content on NICHQ.org is not meant to serve as a substitute for your own clinical judgment. If you are a consumer who chooses to use the information on NICHQ.org, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. CONSUMERS WHO RELY ON INFORMATION ON NICHQ.org DO SO AT THEIR OWN RISK.

We follow a standard set of editorial procedures for any information that we present on NICHQ.org.  Although we generally do not review content posted directly by users in advance of its publication, we reserve the right to review any content at any time prior to or after it is published.  However, we do not offer you any warranty or guarantee related to NICHQ.org or Communities. WE SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH NICHQ.org OR IN THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH NICHQ.org.

It is your responsibility to evaluate the information and results from tools and other content available on NICHQ.org. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information contained on our website with other sources before undertaking any treatment or action based on it. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional.

Some information on NICHQ.org comes from you or from other users. We are not responsible for that information. Whether the information comes from us or from you, WE ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM YOUR USE OF THE INFORMATION ON NICHQ.org. IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF YOUR USE OF NICHQ.org. IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF YOUR USE OF NICHQ.org, HOWEVER ARISING, EXCEED ONE THOUSAND DOLLARS ($1,000), REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY YOU OR ANYONE MAY HAVE.

You understand and agree that we cannot and do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise available on NICHQ.org or through the Internet, in general, in any way. You also understand and agree that we cannot and do not warrant or guarantee that files available for downloading through the website will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. You understand and agree that you are solely responsible for implementing sufficient precautions, procedures and checkpoints to satisfy your own requirements for the accuracy of data input and output, and for maintaining a means external to NICHQ.org for the reconstruction of any lost data. We do not assume the responsibility for the loss of any information, data, or other materials resulting from your use of NICHQ.org.

Content on NICHQ.org may include links to external websites, which are evaluated for inclusion on NICHQ.org using the following guidelines: The website provides clinical- and/or improvement-related information or content (e.g., resources and tools) that is entirely, or at least in part, freely available to users. NICHQ.org does not include links to websites or organizations that are commercial or product-based; pharmaceutical or medical products organizations or services; consulting services; or other types of organizations or websites, as determined by NICHQ's sole discretion. Although we are selective about the organizations we link to, WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY WEBSITES THAT ARE LINKED TO OUR SITE OR THAT YOU BROWSE TO AFTER FOLLOWING A LINK FROM NICHQ.org.

While we welcome your feedback on NICHQ.org, we reserve the right to make the final decisions about the content that is posted on the site and to remove such content in our unfettered discretion for any reason or no reason. If you believe that your work has been used on NICHQ.org in a way that constitutes copyright infringement, please contact our Copyright Agent by following the procedures described below.  To register other types of complaints or feedback, you can use the “Contact Us” feature or any other feedback link on our site to send us comments and criticisms, but IF YOU ARE DISSATISFIED WITH OUR RESPONSE OR WITH THE CONTENTS OF NICHQ.org, YOUR ONLY REMEDY IS TO STOP USING THE WEBSITE.

Copyright

The National Institute for Children’s Health Quality, Inc. owns the information on NICHQ.org except where other owners or co-owners are specifically indicated. You acknowledge and agree that the content and materials available on NICHQ.org, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, logos, taglines, audio and video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights or other proprietary rights and laws.

Among other things, this means you must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from such content or materials except as expressly provided in these Terms of Use or with our prior written permission. You acknowledge and agree that the unauthorized use of the contents and materials on NICHQ.org could cause irreparable harm to NICHQ and that in the event of such unauthorized use, NICHQ shall be entitled to an injunction in addition to any other remedies available at law or in equity.

Trademarks

We or our partners also own the names we use for our products and services on NICHQ.org, and these names are protected by trademark laws in the U.S. and internationally. All trademarks are the property of their respective owners. NICHQ’s marks include without limitation the following:

  • National Institute for Children’s Health Quality
  • NICHQ
  • Improvement Lab (ILab)
  • The NICHQ logo
  • The ILab logo
  • The Best Fed Beginnings logo
  • The WISCH logo

If your activities are noncommercial, you may make use of our trademarks by linking to us or discussing us with others, as long as you make it clear that we are the owner of the trademark. Any other uses of our trademarks require our prior written approval, unless they constitute permissible fair use under applicable law.

Without limiting the foregoing, you may not use our trademarks in any of the following ways:

  • In a non-NICHQ product or service name or publication title.
  • Within or as part of your own trademarks.
  • To identify non-NICHQ products or services.
  • In a manner which will likely cause confusion.
  • In a manner that implies that NICHQ sponsors, endorses or is otherwise connected with your activities, products, or services.
  • In a manner that disparages NICHQ.

Policy on Using and Sharing NICHQ.org Content

NICHQ’s goal is to make the content posted on NICHQ.org free and open to all, as often as possible, and for our users around the world to access our resources in order to promote the improvement of children’s health quickly and broadly.

In keeping with our mission, we invite registered users of NICHQ.org to download, learn from, and share the content on NICHQ.org, as permitted under these Terms of Use.

Unless otherwise prohibited, you may look at NICHQ.org content online; download individual documents; print or email pages of content; download tools to your personal or handheld computer for later reading or use; and print a reasonable number of copies of pages for yourself or your colleagues, provided that:

  • You may not modify the content or any copyright notices or source indications.
     
  • You may NOT post the content directly into another website. Instead, because we update the content on NICHQ.org frequently and want to make sure people are using the most up-to-date information, you should link to the content on NICHQ.org.
     
  • You must always credit NICHQ (and any other sources listed for a specific piece of content) as the source of the material, as follows: “[Name of content item]. Boston, Massachusetts: National Institute for Children’s Health Quality; [Year]. (Available on www.NICHQ.org)”
     
  • You may not repackage our content for commercial purposes or otherwise offer it for sale.

Note that some content posted on NICHQ.org originates from outside sources that have granted NICHQ permission to post this content to our website only. Any further permissions for this content must be sought directly from the content owners.

You may be required to register and/or pay to access or use certain content on NICHQ.org. You will be informed of any additional or modified terms governing your use of such content at the time of registration or purchase, and your access to and use of such content will be subject to those additional or modified terms.  If you register or pay for an individual account, you may not share your user name or password with anyone else.  If you register or pay for an organizational account, you may not share the organization’s user name or password with anyone outside of the organization.

We reserve all other rights not expressly granted under these Terms of Use.

To request permission to use NICHQ.org, including its content, in a manner other than as permitted under these Terms of Use, please send an email to webmaster@nichq.org.  Although we will try to respond in a timely manner, we are not always able to do so, and you do not have permission to vary your use of NICHQ.org, including its content, unless and until we give you explicit permission to do so.

Linking to Us

Usually, we do not mind if you have a simple link from your website to NICHQ.org. However, because we update our content frequently and want to make sure people are using the most up-to-date information and recognize its source, you must not frame our site or incorporate pieces of it into a different site or product. You are not allowed to link to NICHQ.org if you create or post illegal, obscene, or offensive content, or if the link in any way has a negative impact on our reputation.

Content That You Submit to NICHQ.org

Unless we tell you that something will be treated confidentially, when you submit content to NICHQ.org, including but not limited to documents, web page text, tools, reports, studies, comments, ratings, and postings to discussion boards, blogs and wikis, you are giving us a royalty-free, world-wide, irrevocable, perpetual, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any medium, form, format, or forum whether presently existing or developed later, and to sublicense such rights to others. For example, you give us the right to display an item of content, such as an document or comment that you post in one of our discussion groups, blogs, listservs, or the Online Communities, for as long as we want. We will consider requests to remove content that you make publicly available on NICHQ.org on an individual basis, but NICHQ will make the final decision whether or not to remove such content.

For our policies regarding information you place on NICHQ.org that will be treated confidentially, please see our Privacy Statement.

You may not post any content, links or code that would be, in the sole and absolute determination of NICHQ, misleading, false, defamatory, vulgar, inappropriate, or harmful. We disclaim any liability for moderating such content, but reserve the right to remove any such content at any time without your consent.

If you submit or post any content or intellectual property to NICHQ.org or NICHQ, you represent and warrant that your submission or posting does not infringe the rights of the owner of such content or intellectual property or any other third party.  You further represent and warrant that the owner of such content or intellectual property has expressly granted, or allowed you to grant, to NICHQ a royalty-free, world-wide, irrevocable, perpetual, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content or intellectual property in any medium, form, format, or forum whether presently existing or developed later, and to sublicense such rights to others.

Advertising/Sponsorship and Solicitation Policy

Unless expressly permitted by NICHQ.org, you may not use NICHQ.org or any information, tool or service provided by NICHQ.org to solicit other users for any commercial purpose, or to advertise commercial programs, products, or services of any kind for which a fee is charged.

NICHQ may permit advertising on and sponsorship of NICHQ.org by third parties. We do not endorse any product or service provided by such parties. In addition, advertisers and sponsors may not suggest that either NICHQ or NICHQ.org endorses a product, service or company.

Procedure for Making and Responding to Claims of Copyright Infringement

NICHQ respects the rights of all copyright holders and has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on NICHQ.org that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that you claim is infringed;
     
  • Identification of the copyright work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
     
  • Identification of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
     
  • Information reasonably sufficient to permit us to contact you, including your address, telephone number, and email address;
     
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
     
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To contact our Copyright Agent for notice of claims of copyright infringement on or regarding NICHQ.org: Support Services (webmaster@nichq.org) at NICHQ, 30 Winter Street, 6th Floor, Boston, MA 02108, USA.

If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content in your user submission, you may send a counter-notice containing the following information to our Copyright Agent:

  • Your electronic or physical signature;
     
  • A description of the content that has been removed or to which access has been disabled;
     
  • A description of where the allegedly infringing material is located on the website;
     
  • Your address, telephone number, and email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which NICHQ.org may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person;
     
  • A statement by you that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
     
  • A statement by you made, under the penalty of perjury, that the above information in your counter-notice is accurate and that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law to post and use the content in your user submission.

Please send such notice to our Copyright Agent at: Support Services (webmaster@nichq.org) at NICHQ, 30 Winter Street, 6th Floor, Boston, MA 02108, USA.

If a counter-notice is received by NICHQ, NICHQ may send a copy of the counter-notice to the original complaining party informing that person that NICHQ may restore the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, the removed content may be restored, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the sole discretion of NICHQ.

Laws that Govern This Agreement

NICHQ controls NICHQ.org from its offices within the Commonwealth of Massachusetts in the United States of America. NICHQ.org can be accessed from any of the United States and from other countries worldwide. Because the laws of each state or country able to access NICHQ.org may differ, by accessing NICHQ.org both you and NICHQ agree that the statutes and laws of the Commonwealth of Massachusetts will apply to all matters relating to use of NICHQ.org. Both you and NICHQ submit to jurisdiction in Massachusetts and further agree that any cause of action arising under these Terms of Use shall be brought exclusively in any state or federal court located in Boston, Massachusetts.

NICHQ makes no representation that materials on NICHQ.org are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access NICHQ.org from other locations do so on their own initiative and are responsible for compliance with local laws.

About the Privacy Statement

We pay special attention to privacy issues. You should exercise caution when deciding to disclose any sensitive information on NICHQ.org. If you use certain features of NICHQ.org, NICHQ may make some of your personal information publicly available, such as your name, photo, job title, organization name, city, state, and country.  These uses are more fully described in our Privacy Statement. Otherwise, we recommend that you use caution when deciding whether to give out your own personal information, and that you never give out your address, phone number, date of birth or social security number. You may not give out information about an organization, a patient or another person if you do not have the express authority or permission to share that information publicly. Never submit content to NICHQ.org if you do not have the express authority or permission to share that information publicly.

The purpose of our Privacy Statement is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and discuss your options for controlling your information. Please review the Privacy Statement for NICHQ.org.

No Unlawful or Prohibited Conduct

As a condition of your use of NICHQ.org, you warrant and agree that you will not use NICHQ.org for any purpose that is unlawful or is prohibited by these Terms of Use. You may not use NICHQ.org in any manner which could damage, disable, overburden, or impair NICHQ.org or interfere with any other party’s use and enjoyment of NICHQ.org. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through NICHQ.org.

Consequences; Indemnification

If you do not comply with these terms, as determined by NICHQ in its sole and absolute discretion, we have the right to block your access, suspend or eliminate your registration, and remove any content or other information you have placed on our site. We may also take any legal action if, in our sole discretion, we think such legal action is appropriate. If your use of NICHQ.org or violation of this Agreement causes harm to yourself or others, you agree to defend, indemnify and hold NICHQ harmless against any liability for that harm.

Reporting a Violation

Any user who believes that another user’s use of NICHQ.org is in violation of these Terms of Use may report such violation to NICHQ.org by using the “Contact Us” feature on NICHQ.org. NICHQ will make the final determination in responding to any alleged violation.

General

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use and the Privacy Statement set forth the entire understanding and agreement between you and NICHQ with respect to your use of NICHQ.org.

Questions or Concerns About Our Terms of Use

For questions or concerns about these Terms of Use, please send an email to webmaster@nichq.org.


Revision Date: November 3, 2014