Terms of Use


NATIONAL HEALTHCAREER ASSOCIATION WEBSITE

TERMS OF USE

WELCOME

Thank you for choosing to visit our website. National Healthcareer Association (“NHA”, “we”, “us” and “our”), is a division of Assessment Technologies Institute, LLC (“ATI”), with its principal place of business located at 11161 Overbrook Road, Leawood, Kansas 66211, USA.   These website Terms of Use  ("these Terms") apply to your access to, and use of, NHA’s websites located at www.nhanow.com as well as any other NHA-controlled sites, regardless of domain name or IP address, and NHA-sponsored social media pages (collectively "Site" or "Sites") and features, applications and products accessible through, or in connection with, the Sites (collectively the "Services"). Certain Services may be subject to additional terms as may be set forth in these Terms, on the Sites or in connection with your use of such Services, (“Additional Terms”) and your use of such Services constitutes your agreement to all applicable Additional Terms and such Additional Terms are hereby incorporated by reference into these Terms. Further, these Terms are in addition to the terms or conditions of any other agreement you may have with NHA, or its parent corporations or their affiliates, for products, services or otherwise (“Agreements”).  In the event of any inconsistency between, on the one hand, these Terms and, on the other hand, the Additional Terms or Agreements, the Additional Terms or Agreements shall prevail.

Please review these Terms carefully as they contain important information regarding your legal rights, remedies and obligations.  By accessing or using this Site or the Services, you are entering into a legal contract with NHA, the terms of which govern your use of this Site and our Services.  Accordingly, by your access or use you agree to be bound by the terms and conditions described herein and all additional terms incorporated by reference.  If you do not agree to all of these Terms, do not use this Site or our Services. 

COPYRIGHTS AND LIMITATIONS ON USE

All content in this Site, our other Sites and in our Services, including layouts, designs, images, programs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the “Content”) is the property of NHA and its affiliated companies or licensors and is protected by copyright and other intellectual property laws.  You are granted a limited license, without the right to sublicense, to access and use this Site or any other of our Sites and, if applicable, the Services for your non-commercial and personal use only. Such license is subject to these Terms, the applicable Additional Terms, if any, and the Agreement, if any, and any other applicable terms and conditions.  You expressly agree not to:
• resell, lease, transfer, lend, timeshare, syndicate or commercially use the Sites, Services or Content;
• decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, Services or Content;
• distribute, publicly perform or publicly display the Sites, Services or Content;
• modify, adapt, translate, or create any derivative works of the Sites, Services, Content or any portion thereof;
• use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
• download, index or in any non-transitory manner store or cache any portion of the Sites, Services, Content or any information contained therein, except as expressly permitted on the Sites or Services;
• remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, Services or Content;
• create or attempt to create a substitute or similar service or product through the use of or access to the Sites, Services, Content or any proprietary information related thereto; or
• use the Sites, Services or Content other than for its intended purpose.

You may not use the Sites or Services to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law.  NHA may at any time exercise editorial control over the content of any information or material that is submitted or distributed through its facilities and/or services.

You may not, without the approval of NHA, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services.

The permissions granted to you herein automatically terminate without notice if you fail to comply with these Terms in your use of this Site, our other Sites or our Services. Any unauthorized use of any Content may be a violation of copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes. NHA has zero tolerance for infringement of its intellectual property rights and will zealously take action to protect its rights.

CHILDREN

We recognize the importance of protecting the privacy and safety of children. Our Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Services and do not send any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.

LINKS

Our Sites or Services may contain links or other connections to other third-party websites, platforms, products, services or applications that are independent of our Services. The information collection practices and privacy policies of these third parties may differ from ours. NHA provides links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by NHA of any site or any information contained therein.

When you leave our Sites, these Terms will no longer govern your Internet browser session. Your use of any site to which you navigate from our Sites will be subject to that site's terms of use, if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.  We recommend that you carefully read their policies. 

LOCAL LAWS; EXPORT

NHA controls our Sites from its headquarters in the United States and makes no representation that the Sites or Content is appropriate for use in other locations.  You may not use, download, or export our Content in violation of any U.S. export laws and regulations. If you use our Sites from outside the U.S, you do so on your own initiative and will do so in compliance with any local laws. 

TRADEMARKS

All logos and any other product or service name or slogan contained in our Sites are trademarks of NHA or its affiliates, or our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of NHA or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing names, trademark or product or service name of NHA, ATI or our affiliates without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of NHA and may not be copied, imitated or used, in whole or in part, without our express prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by NHA.

RESTRICTED RIGHTS

The Content is provided with “Restricted Rights.” Use by the United States Government is subject to the restrictions of FAR 52.227-19 and DFARS 227-7202-3.  

NO WARRANTY

CONTENT, INFORMATION, AND MATERIAL ON THIS SITE, OUR OTHER SITES, OUR SERVICES AND OUR CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILTY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER NHA NOR ITS PARENT COMPANIES OR THEIR AFFILIATES MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTEE THAT THIS SITE, OUR OTHER SITES, OUR SERVICES AND OUR CONTENT (A) IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (B) WILL BE UNINTERRUPTED OR ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY INFORMATION, CONTENT, OR OTHER MATERIAL ACCESSIBLE FROM OUR SITES OR SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) WILL OPERATE OR PERFORM TO ANY SPECIFIC STANDARD; OR (D) THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY NHA, ITS PARENT COMPANITES OR THEIR AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES THROUGH THIS SITE SHALL CREATE ANY WARRANTY. 

LIMITATION OF LIABILITY

NHA, ITS PARENT COMPANITES, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE EMPLOYEES AND AGENTS (THE “NHA PARTIES”) ARE NOT LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THIS SITE OUR OTHER SITES, OUR SERVICES OR OUR CONTENT. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL NHA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, (INCLUDING BUT NOT LIMINTED TO, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF USE, OR LOSS OF DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, OUR SITES, SERVICES OR CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE NHA PARTIES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE NHA PARTIES’ RECORDS, PROGRAMS OR SERVICES.  YOU HAVE SOLE RESPONSIBILITY FOR BACKUP AND PROTECTION OF YOUR DATA. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NHA PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, SERVICES OR CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NHA FOR ACCESS TO OR USE OF OUR SITES, SERVICES OR CONTENT. 

INFORMATION YOU PROVIDE OR POST ON THIS SITE

Except for information which NHA expressly agrees to treat confidential, any communication, material or information that you transmit or post to our Sites (“User Content”) will be deemed non-confidential. If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this or our other Sites any of the following:
• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations concerning privacy;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files; and
• User Content that, in the sole judgment of NHA, is objectionable or which restricts or inhibits any other person from using or enjoying the our Sites, or which may expose NHA or its users to any harm or liability of any type.

This list of prohibitions provides examples and is not complete or exclusive.

By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.  Any use of our Sites, Services or Content in violation of these Terms, including the foregoing, may result in, among other things, termination or suspension of your rights to use our Sites, Services or Content.

Also, by posting any information or material on our Sites, Services or Content you grant NHA a perpetual, royalty-free license to use, display, reproduce, distribute, modify, and make publicly available such material or information for any commercial or non-commercial use. 

NHA’S USE OF PERSONAL INFORMATION

NHA’s collection and use of personal information is governed by NHA’s Privacy Policy, available by link at the bottom of this page, and any Additional Terms provided during registration with NHA or any NHA product, which are incorporated by reference into these Terms.

If you do not consent to these Terms, NHA’s Privacy Policy or any Additional Terms, please do not continue to use our Sites and Services.   

BREACH OF THESE TERMS

If you violate any of these Terms, NHA reserves the right to terminate or suspend, in whole or in part, without notice, your access to our Sites, Services and Content.

GOVERNING LAW; JURISDICTION

These Terms are governed by the laws of the State of Kansas, USA.  You and NHA consent to the exclusive jurisdiction and venue of the courts located in the Johnson County, Kansas for any legal action connected in any way to these Terms or use of our Sites or Services. You and NHA waive any rights to a jury trial for any claim or cause of action arising out of these Terms or use of our Sites or Services.

GENERAL

NHA’s obligations regarding NHA products and services are governed by the terms of the agreements under which they are sold or licensed.

If any court finds that any provision of this agreement is illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

These terms are not assignable by you, in whole or in part, to any third party and any attempt by you do so shall be void and of no force and effect.

NHA reserves the right to change or modify any of the terms and conditions contained in these Terms or any Additional Terms at any time and in its sole discretion. If NHA changes or modifies these Terms, NHA will update these Terms and post the revised Terms on this Site and will indicate at the bottom of this page the date these Terms were last revised. Similarly, if NHA changes or modifies the terms of any of its other Sites or any Additional Sites, NHA will update the Terms posted on those Sites and in the Services for the Additional Terms. Any changes or modifications will be effective immediately upon posting of the revisions to the Sites and pages, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of any of the Sites or Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms and to review such changes. If you do not agree to the amended terms, you must stop using the Sites and Services.

 
NHA Terms of Use (Rev May 10, 2018)