ASSESSMENT TECHNOLOGIES INSTITUTE, LLC
NATIONAL HEALTHCAREER ASSOCIATION
THE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT
THIS (“AGREEMENT”) BETWEEN YOU AND ASSESSMENT TECHNOLOGIES INSTITUTE, LLC (“ATI
”), THROUGH ITS NATIONAL HEALTHCAREER ASSOCIATION DIVISION (“NHA
”) GOVERNS YOUR USE OF NHA CERTIFICATION EXAMS, NHA STUDY MATERIALS AND ALL RELATED MATERIALS, WHETHER DELIVERED BY SHIPMENT OR ACCESSED ONLINE (COLLECTIVELY REFERRED TO HEREIN AS “NHA PRODUCTS
”) MADE AVAILABLE TO YOU BY NHA, INCLUDING BUT NOT LIMITED TO, THROUGH NHA’S ONLINE SERVICES (“NHA ONLINE SERVICES
”). YOU MUST AGREE TO THESE TERMS BEFORE ESTABLISHING AN ACCOUNT WITH NHA AND BEFORE YOU ACCESS ANY NHA PRODUCTS. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE” AND, INSTEAD, CONTACT NHA CUSTOMER SERVICE. IF YOU DO NOT CLICK “AGREE”, YOU WILL NOT BE ABLE TO CREATE AN ACCOUNT WITH NHA AND YOU SHOULD NOT ACCESS THE NHA PRODUCTS.
ATI and NHA are U.S.-based businesses, operating in and from the United States.
YOUR NHA ACCOUNT
Prior to creating an account with NHA (“Account”), you will be required to provide certain information, establish a user name and password, and may be provided with access codes and product codes by NHA. When establishing your Account, you agree to provide complete and accurate information to NHA and to permit NHA to store and use your registration data for use in maintaining your Account. You agree to protect your username and password, as well as any access codes and product codes provided by NHA, and not share them with others or permit any unauthorized use of the NHA Products or NHA Online Services. By establishing an Account, you certify and represent that you will be the person taking the certification exam for which you have registered and that any attestations required in connection with the foregoing will be completed only by you and will contain true and accurate information. You understand and agree that any false, misleading, or fraudulent statements provided by you may result in your loss of certification or credentials provided by NHA.
You understand and agree that NHA Products and NHA Online Services each constitute intellectual property and proprietary material that is owned by NHA or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by NHA and its licensors. Assessment Technologies Institute, LLC, National Healthcareer Associates®, NHA, and other Assessment Technologies Institute, LLC trademarks, service marks, graphics, and logos used in connection with the NHA Products and NHA Online Services are trademarks or registered trademarks of Assessment Technologies Institute, LLC in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the NHA Products and NHA Online Services may be the trademarks of their respective owners. NHA and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
NHA Products made available to you by NHA are licensed, and not sold, to you, subject to the terms of this Agreement and your timely payment of any fees that may be due and payable by you to NHA. Your license to use NHA Products is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each NHA Product, including any updates or enhancements thereto. You are not authorized to assign or transfer this license or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, NHA grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the NHA Products or NHA Online Services (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the NHA Products or NHA Online Services). You agree to use NHA Products and NHA Online Services only as permitted under this Agreement. You will not disclose any NHA Products or any part thereof, including any exam questions and answers, to any third party, as NHA Products are the proprietary property of NHA and doing so would result in serious financial harm to NHA, for which you may be held personally liable. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use NHA Products and NHA Online Services.
If NHA reasonably suspects that you have violated this Agreement, or if you have not paid fees when due and payable to NHA, then, without notice to you, NHA may terminate this Agreement, the license, and your account and deny you further access to NHA Products and NHA Online Services and you may face disciplinary action, including the revocation of your certification credentials. NHA reserves the right to report violations of these Rules to concerned third parties, which may include the candidate’s school or employer, any regulatory or licensing body, or law enforcement.
NHA may take any and all legal action necessary to protect its intellectual property. Upon termination of this license, you shall cease all use of the NHA Products and NHA Online Services and remain liable for paying all amounts that may be due and payable by you to NHA. NHA reserves the right to modify, suspend, remove, or disable access to any NHA Products or NHA Online Services at any time without notice and in no event will NHA be liable for making any such changes.
USE OF DATA
Before establishing an Account with NHA Products, you are required to agree to the following terms around use of certain data, as described below:
Your Contact Data:
NHA will collect and may use personally identifiable information including, but not limited to, the following: name, address, phone number, fax number, email address, employer, title, user ID and password, and IP address. We use this information to provide the highest quality of service to our customers, candidates and certified professionals and so that we can contact you, provide materials to you upon your request, register you, send relevant messages via e-mail or postal mail, or for any other purpose identified in this policy or when personal information is collected. NHA may contact you via email, text or phone in order to notify you of important timely information or upcoming deadlines, such as exam or recertification deadlines, which, if missed, may lead to late fees. NHA or a third party engaged by NHA may also contact you via surveys to conduct research about your opinion of current products and services, of potential new services that may be offered or topics of interest in your field or via sweepstakes offers. Any demographic information we request is generally used in aggregate form for various analyses conducted by NHA regarding our website and related materials.
Your Learning Data
: You understand and agree that, in the course of your use of NHA Products, you (and your school or institution, if your use of NHA Products is affiliated with a school or institution) will submit personal and identifiable data regarding you and your individual use of NHA Products, which may include, but not be limited to, your academic performance and student record, your individual grades and scores, instructor feedback and comment, your personal learning behaviors, and various metrics related to your learning of particular subject matters made available through NHA Products (“Your Learning Data”). You understand and agree that NHA, through NHA Products, will collect, maintain, process, have access to, and use Your Learning Data to (i) confirm your identity to ensure only authorized users are accessing NHA Products and for general NHA Products security, (ii) analyze and provide certain information about your learning and academic performance to you, the school or institution with whom your NHA Products use is affiliated, including other parties associated with and required by your school or institution, and instructor(s) from your school or institution, (iii) provide technical support to you and your school or institution on NHA Products, and (iv) generate reports and analytics for use by you, your school or institution, other parties associated with and required by your school or institution, and its instructor(s) regarding your learning and academic performance and/or the learning and academic performance of an entire class or classes at your school or institution. You understand and agree that, unless you, or your school or institution, and NHA have agreed otherwise, NHA, through NHA Products, reserves the right to remove Your Learning Data from NHA Products records after you graduate from or otherwise end your matriculation with the school or institution affiliated with your NHA Products use, provided that NHA reserves the right to continued use of all General NHA Products Data and School Metrics, as defined below, without specific, identifiable reference to you or Your Learning Data.
Please note that the following information is not “Your Learning Data”: (1) that you have sat for an NHA certification exam; (2) that you passed your exam and have been issued a certification; (3) your exam scores; (4) your certification number; (5) the date of issuance and expiration of your certification; and (6) your certification status (whether your certification is current, you have allowed your certification to lapse or if your certification has been revoked).
General NHA Products Data
: You also understand and agree that, through NHA Products and the use of other third party software, NHA may collect diagnostic, technical, and general NHA Products usage information that is gathered, de-identified, and made anonymous, to (i) facilitate NHA’s product support and software development, and improve NHA Products, (ii) verify compliance with license terms, (iii) monitor, record and report information about NHA Products user activity and engagement with the NHA Products sites and modules, (iv) collect information around device use, NHA Products site volume and load, and user results in connection with certain NHA Products features or material (“General NHA Products Data”).
Aggregate School Metrics:
Your Learning Data and General NHA Products Data may also be used in the aggregate, anonymous, and de-identified by NHA for benchmarking analytics and general metrics about your school’s or institution’s performance as compared to other schools and institutions and other NHA customers (“School Metrics”).
You understand and agree that NHA may share various types of aggregated and anonymous, de-identified data described above with third parties, provided however, in no event will NHA share any personally identifiable information about you with any third party (other than the school or institution with whom your NHA Products use is affiliated, and NHA contractors for whom NHA remains fully responsible) without your express consent to such disclosure.
COMPLIANCE WITH LAWS; EXPORT
You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of NHA Products and NHA Online Services. You will not use the NHA Products and NHA Online Services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export the NHA Products except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. NHA Products may not be exported into any U.S. embargoed countries or to anyone on the U.S. Government’s list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
NHA Products and NHA Online Services were developed using private funds and are “Commercial Items” as defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation.” Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
USE OF LINKS
NHA may include material from third parties or include links to third party websites in its NHA Products. Such material is provided as a convenience to you and NHA assumes no liability or responsibility for such third party materials or websites.
DISCLAIMER OF WARRANTIES
NHA PRODUCTS AND NHA ONLINE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND NHA AND ATI HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE NHA PRODUCTS AND NHA ONLINE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY NHA EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR MODIFY THIS SECTION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILTY TO USE, NHA PRODUCTS AND NHA ONLINE SERVICES IS AT YOUR SOLE RISK. NHA DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN NHA PRODUCTS. NHA TAKES PRECAUTIONS TO PROTECT NHA PRODUCTS AND NHA ONLINE SERVICES, BUT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NHA DOES NOT GUARANTEE OR WARRANT THAT YOUR USE OF NHA PRODUCTS OR NHA ONLINE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL ASSESSMENT TECHNOLOGIES INSTITUTE, LLC, NHA, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE NHA PRODUCTS AND NHA ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, NHA’S LIABILTY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall NHA’S and ATI’s total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
By accepting this Agreement and using the NHA Products and NHA Online Services, you agree that you will indemnify and hold NHA, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of the NHA Products and NHA Online Services, or any action taken by NHA to protect its intellectual property, including, but not limited to, suspension or termination of your access to NHA Products and NHA Online Services.
NHA reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of NHA Products and NHA Online Services.
This Agreement is governed by the laws of the State of Kansas, U.S.A., without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of Kansas, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement.
No NHA employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement, unless such modification is in a written agreement signed by an authorized representative of each party.
This Agreement is the entire and exclusive agreement between NHA and you regarding your use of NHA Products and NHA Online Services and replaces any prior agreements between you and NHA regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. NHA’s failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. NHA is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of NHA’s control. NHA reserves the right to take steps NHA believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that NHA has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as NHA believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to NHA's right to cooperate with any legal process relating to your use of the Services and/or Products, and/or a third-party claim that your use of the Services and/or Products is unlawful and/or infringes such third party's rights).
Last updated on February 27, 2018