ACTIONED TERMS OF USE

 

THE FOLLOWING TERMS OF USE APPLY TO YOUR USE OF THIS WEB SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS AS THEY MAY BE AMENDED BY US FROM TIME TO TIME. PLEASE READ THEM CAREFULLY.

Electronic Communications. You are communicating with us electronically when you visit any of ACTIONED’s Web sites or send e-mails to us; and you consent to receive communications from us electronically. ACTIONED’s Web site addresses include but are not necessarily limited to:

www.jcahpo.org

www.actioned.org

www.myeyecareer.org

www.myjcahpoce.org

Privacy Policy. To access a copy of ACTIONED’s privacy policy which explains the way ACTIONED may use, store, and disclose information provided by you to ACTIONED or information ACTIONED may maintain or store regarding you, please follow the link at the bottom of the Web page on the main homepage of the site.

Copyright. All content including but not limited to text, graphics, downloads, and software included on this site is the property of ACTIONED or its licensors and protected by United States and international copyright laws.

License and Restrictions. ACTIONED grants you a limited license to access and make personal use of this site. Except as otherwise explicitly agreed in writing, ACTIONED owned content received through this Web site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by ACTIONED licensors may be subject to additional restrictions. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of ACTIONED. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through this site to anyone, including but not limited to others in the same organization without ACTIONED’s express prior written consent.

Notice Specific to Software Available on This Web Site. Any software including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") that is made available to download from the Web site is the copyrighted work of ACTIONED and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is licensed to you by us or third-party licensors for your personal use only. We do not transfer title to the Software to you. You may own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein.

The Software is made available for download solely for use by end users according to the License Agreement. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ACTIONED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, ACTIONED MAY MAKE AVAILABLE AS PART OF THE WEB SITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ACTIONED DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. YOU MUST RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE WEB SITE OR IN ACTIONED SOFTWARE PRODUCTS.

No Unlawful or Prohibited Use. As a condition of your use of the Web sites, you will not:

1. Use the Web site for any purpose that is unlawful or prohibited by these terms, conditions and notices;

2. Use the Web site in any manner that could damage, disable, overburden, or impair any ACTIONED server, or the network(s) connected to any ACTIONED server, or interfere with any other party's use and enjoyment of the Web site;

3. Attempt to gain unauthorized access to any Web site, other accounts, computer systems, or networks connected to any ACTIONED server or to any of the Web site through hacking, password mining, or any other means;

4. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web site;

5. Use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site;

6. Use any meta tags or any other "hidden text" utilizing ACTIONED's name service or trademarks or trade dress without the express written consent of ACTIONED;

7. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

8. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material, or information;

9. Upload, or otherwise make available files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;

10. Use any material or information, including images or photographs, which are made available through the Web site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

11. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

12. Harvest or otherwise collect information about others, including e-mail addresses;

13. Use the site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);

14. Violate any applicable laws or regulations; and

15. Use our sites, services, or tools if you are not able to form legally binding contracts.

Any unauthorized use automatically terminates any permission or license granted by ACTIONED and ACTIONED reserves the right to pursue all of its legal remedies for such infringement.

Trademarks. ACTIONED logos, graphics including print style and colors used, names and acronyms are trademarks, service marks, or trade dress of ACTIONED and may not be used without the prior express written consent of ACTIONED. All permitted users must include tag lines identifying the marks as belonging to ACTIONED and being used with permission. Other trademarks or service marks that may appear on this site are the property of their respective owners and may not be used without prior permission of such owners.

Postings, Feedback, and Other Material Supplied by You. If the ACTIONED site provides you the opportunity to provide your feedback and suggestions or to otherwise post, upload, input, or submit for review by others using the ACTIONED site (“Submissions”), you agree that ACTIONED and its affiliated entities may use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights.

Except as otherwise agreed between you and ACTIONED pursuant to a separate agreement signed by both ACTIONED and you, ACTIONED will not pay any compensation to you for the use of your Submission. ACTIONED is under no obligation to post or use any Submission you may provide, and may remove any Submission at any time in its sole discretion.

You represent and warrant that with respect to any Submission you make, you have full legal right under copyright and any other applicable law to provide, post, upload, input, or submit the Submissions, and to grant the licenses and sublicenses described in these Terms of Use.

Links to Third-Party Sites. The Site may provide you with links to sites not operated or supported by ACTIONED that will let you leave ACTIONED’s site. The linked sites are not under the control of ACTIONED and ACTIONED is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. ACTIONED is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACTIONED of the site.

Third-Party Content. This Site may display content supplied by third parties and Users of the Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, or any other user of the Site are those of the respective author(s) or distributor(s) and not of ACTIONED.

Monitoring. ACTIONED has the right, but not the obligation, to monitor the content of the Site to determine compliance with the Terms of Use and any other operating rules established by ACTIONED. ACTIONED has the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Site. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions of the Terms of Use or otherwise objectionable or stale. Notwithstanding this right, you remain solely responsible for the content of you Submissions. You acknowledge and agree that neither ACTIONED nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on the Site.

Links to ACTIONED. You may not create a hyperlink to the ACTIONED site without ACTIONED’s express written consent signed by the Executive Director of ACTIONED.

Secured Areas/Passwords. Some portions of this site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded, and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. ACTIONED will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact ACTIONED. ACTIONED will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else.

DISCLAIMER. THIS SITE IS PROVIDED BY ACTIONED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACTIONED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ACTIONED RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION. ACTIONED DOES NOT WARRANT THAT THE WEB SITE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE WEB SITE WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY SECURE.

ACTIONED DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM ITS CUSTOMERS OVER THE INTERNET, TELEPHONE SYSTEM, OR OTHER FORM OF COMMUNICATION SYSTEM. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF EQUIPMENT OR WEB SITE PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY SUCH THIRD PARTIES MAY PRODUCE SITUATIONS IN WHICH THE WEB SITE MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH ACTIONED WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, ACTIONED CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, ACTIONED DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACTIONED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACTIONED DOES NOT WARRANT THAT THIS SITE, ITS SOFTWARE PROVIDED ON THIS SITE, ITS SERVERS OR E-MAIL SENT FROM ACTIONED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACTIONED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Health Information. This site may contain information on health-related topics. This information is not meant to be a substitute for the advice provided by your own doctor. You should not use this information for diagnosing a health problem or disease but should always consult your own doctor.

Applicable Law. The laws of the state of Minnesota without regard to principles of conflict of laws will govern these Terms of Use and any dispute that might arise between you and ACTIONED or its affiliates.

Disputes. Any dispute relating in any way to your visit to ACTIONED shall be submitted to confidential arbitration in Minneapolis, Minnesota, except that, to the extent you have in any manner violated or threatened to violate ACTIONED's intellectual property rights, ACTIONED may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnity. You agree to indemnify and hold ACTIONED, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including costs and reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, any Submissions you make, your violation of the TOS, or your violation of any rights of another.

Restrictions, International Use, and Export and Import Compliance. Use of the Site and transfer, posting and uploading of software, technology, and other technical data via the Site may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Site to parties identified on such lists; (b) agree not to use the Site for military, nuclear, missile, chemical, or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Site any software, technology, or other technical data in violation of U.S. or other applicable export or import laws.

Site Policies, Modification, and Severability. Please review our other policies. These policies also govern your visit to ACTIONED. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

Hyperlinking to the ACTIONED Sites. You may not hyperlink to this Site unless you have the advanced written and signed permission from the ACTIONED Executive Director. If you are granted permission to hyperlink you will have a limited, revocable, nonexclusive right to create a hyperlink to this Web site provided you comply at all times with all of the following conditions:

  • The hyperlink must resolve to ACTIONED’s page at www.actioned.org or to another of ACTIONED’s Web pages as agreed to in writing as part of the permission;
  • The text of the hyperlink on the linking Web site must include the terms “ACTIONED” or www.actioned.org (you may not use any ACTIONED logo or other proprietary graphic, including but not limited to banner advertisements, as part of the hyperlink without the prior written permission of ACTIONED);
  • The hyperlink and surrounding context on the linking Web site must not falsely represent or suggest any relationship between the linking Web site and ACTIONED (including suggestions of affiliation, endorsement, or sponsorship);
  • The hyperlink and surrounding context on the linking Web site must not portray ACTIONED or its products or services in a false, misleading, derogatory, or otherwise offensive manner;
  • The hyperlink must deliver users directly to this Web site unaltered, unmodified, and unadulterated in any way by the hyperlinking Web site.

Notice. ACTIONED may provide you with notices, including those regarding changes to the Terms of Use including but not limited to e-mail, regular mail, text message, postings on the Site, or other reasonable means now known or hereafter developed.

California Residents. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

How to Contact Us. To contact ACTIONED send an e-mail to:

ContactUs@jcahpo.org.
 
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