Terms of Use

Public Health Accreditation Board Terms of Use

These Terms of Use apply to the use of phaboard.org (the “PHAB Site”). By clicking on the Agree button below, and by using the PHAB Site and any services accessible from the PHAB Site, you agree to the following terms and conditions (“Terms of Use”). The Public Health Accreditation Board (“PHAB”) may change these Terms of Use from time to time. By continuing use of the PHAB Site, you accept and agree to be bound by all changes.

ACCEPTABLE USE OF THE PHAB SITE

PHAB provides to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the PHAB Site conditioned on your continued compliance with these Terms of Use. These Terms of Use permit you to use and access for noncommercial, personal or internal business purposes only the PHAB Site (i) on a single laptop, mobile device, or personal computer (not functioning as a server) and (ii) from the Internet or through an on-line network (so long as such access occurs through a single laptop, mobile device, or personal computer (not functioning as a server)). You may also load information from the PHAB Site into your laptop’s, mobile device’s, or personal computer’s temporary memory (RAM) and print and download materials and information from the PHAB Site solely for your noncommercial, personal or internal business use, provided that all hard copies contain all legends, notices, and identification markers associated with authenticating documents or identifying proprietary rights. If any content is made available for user redistribution, it may only be redistributed within your place of work / organization. PHAB reserves the right to restrict your use of the PHAB Site at any time, which may include terminating your permission to make personal copies of material from the PHAB Site.

Actual or attempted unauthorized use of the PHAB Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. PHAB reserves the right to view, monitor, and record activity on the PHAB Site without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the PHAB Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the PHAB Site as well as to disclosures required by or under applicable law or related government agency actions. PHAB will also comply with all court orders involving requests for such information. In addition to the foregoing, PHAB reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the PHAB Site, or any portion of the PHAB Site, in order to protect the PHAB Site, PHAB, or PHAB’s business.

Your right to use the PHAB Site will take effect at the moment you install, access, or use the PHAB Site and is effective until terminated as set forth below. Your right to access and use the PHAB Site will terminate automatically if you fail to comply with these Terms of Use. Termination will be effective without notice. Upon termination, you must destroy all copies of any aspect of the PHAB Site in your possession. Nevertheless, any provisions of these Terms of Use intended to survive any termination of your right to access and use the PHAB Site, including, without limitation, the disclaimers, limitations on liability, and proprietary rights provisions herein related to PHAB’s ownership rights, will survive the termination of these Terms of Use for any reason.

PROPRIETARY RIGHTS

These Terms of Use provide only a limited license to access and use the Web Site. Accordingly, you expressly acknowledge and agree that PHAB transfers no ownership or intellectual property interest to or title in the PHAB Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the PHAB Site, unless otherwise indicated, are owned, controlled, and licensed by PHAB and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, PHAB does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.

Unless otherwise noted, the PHAB Site is Copyright © 2011 Public Health Accreditation Board. All rights reserved. PHAB also owns a copyright in the contents of the PHAB Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the PHAB Site. Any downloadable or printable programs, directories, databases, information, or materials available through the PHAB Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by PHAB. PUBLIC HEALTH ACCREDITATION BOARD, and all other names, logos, and icons identifying PHAB and its programs, products, and services are proprietary trademarks of PHAB, and any use of such marks, including, without limitation, as domain names, without the express written permission of PHAB is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

Except as expressly permitted by the Terms of Use, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any legends, notices, or markers, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the PHAB Site.

DISCLAIMER OF WARRANTIES

The information contained in the PHAB Site, including but not limited to the accreditation standards, appeals processes, accreditation decisions, and other materials related to accreditation, is provided as a service to those seeking information about accreditation from PHAB and the Internet community, and does not constitute professional advice. PHAB presents the PHAB Site with a good-faith representation that the information it contains is generally reliable. However, in spite of our efforts, the information in the PHAB Site may become out of date over time, and may contain inaccuracies, technical inaccuracies and/or typographical errors, and the information may be changed periodically. Accordingly, PHAB makes no claims, promises or guarantees regarding the accuracy, completeness and adequacy of any information contained in the PHAB Site. The PHAB Site and all information and materials contained thereon are provided to you on an “AS IS” basis.

PHAB DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES EXPRESSED, STATUTORY OR IMPLIED WITH RESPECT TO THE PHAB SITE OR THE INFORMATION AND MATERIALS CONTAINED THEREON, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

PHAB FURTHER DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESSED, STATUTORY, OR IMPLIED WITH RESPECT TO THE ACCREDITATION MATERIALS AND ALL RELATED ITEMS AVAILABLE ON THE PHAB SITE AND BY REQUEST FROM PHAB, AS WELL AS WITH RESPECT TO THOSE ENTITIES ACCREDITED BY PHAB AND THE SERVICES PROVIDED BY THE ACCREDITED ENTITIES, WHETHER OR NOT SUCH ENTITIES ARE LISTED ON THE PHAB SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY AND DAMAGES

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PHAB HEREBY DISCLAIMS, AND IN NO EVENT SHALL PHAB OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THE PHAB SITE BE LIABLE FOR, ANY INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF THE PHAB SITE OR ANY INFORMATION OR MATERIALS CONTAINED THEREON, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF PHAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, PHAB SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PHAB SITE, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR ELECTRONIC DATA.

INDEMNIFICATION

You agree to indemnify, save, and hold PHAB and its officers, directors, employees, affiliates, and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the PHAB Site, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you in connection with your use of the PHAB Site. PHAB reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PHAB, and you agree to cooperate with PHAB’s defense of these claims. PHAB will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

IDEA SUBMISSION / USE OF INFORMATION

PHAB does not accept unsolicited ideas for marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to PHAB, you agree that the idea becomes and remains the sole and exclusive property of PHAB without further liability or compensation to you. By submitting such idea, you warrant that PHAB may publish such information, use it as part of its operations, and use its concepts without liability or compensation to you.

If you respond to PHAB with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of PHAB, and your submission of information shall constitute an assignment to PHAB of all worldwide rights, titles, and interests in such information. PHAB will not be liable for any use or disclosure of such information. PHAB will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. PHAB will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever.

THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

For the convenience of visitors to the PHAB Site, the PHAB Site may include links or references to other external websites or services (“Reference Sites”). Links to Reference Sites may lead to resources located on servers maintained by third parties over whom PHAB has no control. PHAB is not responsible for third-party content or the consequences of your use of the Reference Sites. PHAB does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. While PHAB attempts to provide links only to third-party websites that comply with all applicable laws and regulations and PHAB standards, please understand that the content on these third-party websites is subject to change without notice. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk, and we therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party website. PHAB makes no warranties, express, statutory or implied, with respect to the Reference Sites. You acknowledge and agree that PHAB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Sites.

PHAB claims no ownership in, nor any affiliation with, any third-party trademarks appearing in the PHAB Site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of PHAB should be inferred from the use of these marks.

APPLICABLE LAW

You agree that the laws of Commonwealth of Virginia govern any use of the PHAB Site, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of the PHAB Site or material from the PHAB Site. Any controversy or claim arising out of or relating to these Terms of Use or breach hereof, or otherwise relating to the PHAB Site (with the exception of injunctive relief sought by PHAB for any violation of PHAB’s proprietary rights), shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its then-current rules.

Special Considerations for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.

INJUNCTIVE RELIEF

You acknowledge that any breach, threatened or actual, of these Terms of Use will cause irreparable injury to PHAB, such injury would not be quantifiable in monetary damages, and PHAB would not have an adequate remedy at law. You therefore agree that PHAB shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use. Accordingly, you hereby waive any requirement that PHAB post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to PHAB to enforce any provision of these Terms of Use.

SEVERED PROVISIONS AND ENTIRE AGREEMENT

If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the users of the PHAB Site and PHAB relating to the subject matter.

MODIFICATION OF THESE TERMS OF USE; TERMINATION

PHAB reserves the right to modify the Terms of Use at any time upon posting. By continuing to access the PHAB Site after any changes are posted, you are signifying your acceptance of the revised terms and conditions, regardless of whether you have reviewed them. Please visit this page regularly to review the then-current Terms of Use to which you are bound.

PHAB reserves the right to limit, suspect or terminate your access and use of this Web Site at any time without notice.

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