TERMS OF USE 

Terms of Use

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Please Note: The contents of the Website, such as text, graphics, images, and other materials created by us or obtained from our licensors, and other materials contained on the Website, including tools, opinions, advice, chats, blogs, emails, publications, suggestions and other information (“Content”) are for informational purposes only and are not a substitute for professional advice from or consultation with a medical or health professional or medical diagnosis or treatment. You use the Website and the Content at your own discretion and risk. We are not liable or responsible for any loss, injury, or damage arising from any Content found on the Website. Always seek the advice of your doctor or health care provider with any questions you may have regarding a medical condition.

While we have endeavored to make sure the information contained on this Website, the Content and associated tools is accurate, we cannot guarantee the accuracy of such information.  This Website, the Content and associated tools are provided “as is” and without warranty or guarantee of any kind.

The use of this Website, the Content and associated tools is not intended to and does not either replace a facility’s annual risk assessment or guarantee the avoidance of any local, state, or federal citations received as the result of any regulatory surveys.

Links to external web sites are provided for the convenience of users and are not managed by us.  Please note that we do not review, control or take responsibility for the content of these sites.

Terms and Conditions of Use

AS OF February 10, 2023

TERMS AND CONDITIONS OF USE

BY USING THE WEBSITE innovateipc.org (“WEBSITE”) OR SERVICES (“SERVICES”) PROVIDED BY THE UNIVERSITY OF NEBRASKA AND NEBRASKA MEDICINE (“US”, “WE” or “OUR”), YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USAGE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE OR ANY CONTENT PRODUCED BY US.

PLEASE NOTE: The Website Does Not Provide Medical Advice

The Website and the Content contain opinions and provide information. The content, information, opinions, and suggestions on the Website and in the Content are offered for informational purposes only. We are not engaged in rendering professional advice, whether medical or otherwise, to the users of the Website or Content.

The content, information, opinions, and suggestions contained on the Website and in the Content are not meant as, and are not a substitute for, professional advice from or consultation with a medical or health professional. To the extent a user uses and considers content, information, opinions, and suggestions obtained on the Website or in the Content, the user does so at his or her own risk, and The University of Nebraska, Nebraska Medicine and their respective owners, members, regents and employees are not be liable or responsible for any loss, injury, or damage arising from any content, information, opinion, or suggestion found on the Website or in the Content.

The Website and Content may offer health and related information, but such information is designed and provided for informational purposes only. No information on the Website is intended to convey medical advice and nothing on the Website constitutes or should be construed as the practice of medicine. You should not rely on any information provided on the Website as a substitute or replacement for professional medical advice, diagnosis and/or treatment from a licensed medical professional.  We are not responsible for any actions or inaction on a user’s part based on the information that is presented on the Website.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Website.

The contents of this Website, such as text, graphics, images, and other materials created by us or obtained from our licensors, and other materials contained on the Website, including tools, opinions, advice, chats, blogs, emails, publications, suggestions and other information and other materials created by us or obtained from our licensors, and other materials contained on the Website (collectively, “Content”) are for informational purposes only.

We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by us, our employees, others appearing on the Website at our invitation or other visitors to the Website is solely at your own risk.

The Terms of Use (“Terms”) apply exclusively to your access to, and use of, the Website and any services that may be offered through the Website (“Services”).  These Terms do not alter in any way the terms or conditions of any other agreement you may have with us or our parents, licensors, subsidiaries or affiliates, for products, services, or otherwise.  If you are using the Website or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of these Terms.

We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Website, at any time and in our sole discretion.  Any changes or modifications will be effective immediately upon posting of the revisions to the Website, and you waive any right you may have to receive specific notice of such changes or modifications.  Your continued use of the Website following the posting of changes or modifications will confirm your acceptance of such changes or modifications.  Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Website and the Services.  If you do not agree to the amended Terms, you must stop using the Website and the Services.

PLEASE READ THIS AGREEMENT AND OUR  PRIVACY POLICY  CAREFULLY BEFORE USING OR ACCESSING THE SERVICES. BY USING OR ACCESSING THE SERVICES, YOU SIGNIFY YOUR ASSENT TO THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT ASSENT TO THIS AGREEMENT, PLEASE DO NOT USE THE SERVICES.

Privacy Policy

Please refer to our Privacy Policy  for information on how we collect, use and share personally identifiable information from our users.  By using the Website and Services, you acknowledge and agree that internet transmissions are never completely private or secure.  You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.  You understand and agree that we make no warranty, guarantee or representation that use of any of the Website is protected from viruses, security threats or other vulnerabilities.

Registration, Password, Security

Whenever you provide us information on this Website, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete.  If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, we may without notice suspend or terminate your access to the Website and refuse any and all current or future use of the Website or any portion thereof.

If any portion of the Website requires you to register or open an account you may also be asked to choose a password and a user name.  Please select a password that would not be obvious to someone trying to guess your password and account, and you are fully responsible for all activities that occur under your password and account identification.  You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.  Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Website and your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account.  Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (a) any action or inaction of us under this provision; (b) any compromise of the confidentiality of your account or password; and (c) any authorized access to your account or use of your password.  You may not use anyone else’s account at any time without the permission of the account holder.

Grant of License and Restrictions on Use

We hereby grant you a non-exclusive, non-transferable, revocable license to use the Website, Content and Services in accordance with these terms.  You may not publicly display, distribute, license, sell or otherwise transfer the Content or Services to any third party.  You may access and reproduce the Content and Services only as strictly necessary for your private, informational use of the Contents and Services for their intended purpose.  If you wish to make third parties aware of the Website, Content and Services, please refer them to this Website.  The license granted above does not authorize you to send the Content or Services directly to a third party.  Content and Services, such as self-assessments, can be modified to suit the needs of your facility, but, as further explained below, we offer no representations or warranties and accept no liability for the original or any modified versions of the Content or Services.  The Content and Services are licensed, not sold.  We retain all the right, title, and interest in and to the Content and Services, including but not limited to all copyright, trademark, patent, trade secret, and other proprietary rights. Any use not explicitly authorized by the license above is prohibited.  Without limiting the foregoing, all commercial use, and any further reproduction, display, distribution, or modification for commercial use, is prohibited.

Acknowledgment of Federal Funding

The content is soley the responsibility of the authors and does not necessarily represent the official views of the Centers for Disease Control and Prevention. This website was developed using funding from the Centers for Disease Control and Prevention, grant number NU38CK000483.

Hyperlinks

We may provide links to third party content (“Third Party Content”) and websites.  We provide these links as a convenience, and we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of any third party site accessible by hyperlink from the Website or websites linking to the Website.  Such sites are not under our control and the inclusion of a link does not imply affiliation, endorsement, or adoption by us of any site or any information contained therein.  When you leave our Website, you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Website.

Submissions

You acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information regarding us, our Website, or our Services that you provide to us (“Submissions”) are non-confidential and shall become the sole property of us.  We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without credit, acknowledgement or compensation to you.  You further agree that we are free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to us without any monetary or other obligation to you.

User Content and Interactive Services or Areas

The Website may include discussion forums, chat rooms, blogs, profiles, or other interactive areas or services (collectively “Interactive Areas”) in which you or other users meet, create, post, or store content, such as text, music, sound, photos, videos, graphics, code, or other items or materials on the Website (“User Content”).  You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.

Indemnification

You agree to defend, indemnify, and hold harmless us and our respective parents, licensors, subsidiaries, affiliates, independent contractors, service providers, and consultants, and their respective members, directors, assignees, employees, licensees, representatives and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of our Services, any User Content you post, store, or otherwise transmit on or through the Website, or your use of the Interactive Areas, including, without limitation, any actual or threatened suit, breach or alleged breach, demand, or claim made against us and our respective parents, members, licensors, subsidiaries, affiliates, independent contractors, service providers, and consultants, and their respective members, directors, assignees, employees, licensees, representatives and agents, arising out of or relating to the User Content, your conduct, your violation of these terms, or your violation of the rights of any third party. Further, you agree to indemnify, hold harmless and defend us and our respective parent, licensors, subsidiaries, affiliates, independent contractors, service providers, and consultants, and their respective members, directors, assignees, employees, licensees, representatives and agents, from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to reasonable attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of this Agreement.

Disclaimer

THE USE OF THE WEBSITE, THE PUBLICATIONS AND THE SERVICES IS AT YOUR OWN RISK.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING SIGNED BY US, THE WEBSITE, THE SITE MATERIALS CONTAINED THEREIN, AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WE AND OUR RESPECTIVE PARENTS, LICENSORS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, ASSIGNEES, EMPLOYEES, LICENSEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE WEBSITE.  NEITHER US NOR OUR RESPECTIVE PARENTS, LICENSORS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, ASSIGNEES, EMPLOYEES, LICENSEES, REPRESENTATIVES AND AGENTS REPRESENT OR WARRANT THAT THE MATERIALS ON THE WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.  WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Limitation of Liability

IN NO EVENT SHALL WE OR OUR RESPECTIVE  PARENTS, LICENSORS, SUBSIDIARIES,  AFFILIATES OR THEIR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, ASSIGNEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PHYSICAL OR PERSONAL INJURY, DEATH, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE PUBLICATIONS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULTS 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 OUR RECORDS, PROGRAMS, OR SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law and Venue

These terms and the Website shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law provisions.  You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Nebraska, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these terms.

Except as expressly provided in a particular “legal notice” on the Website, these terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Website, the Content and the Services.

Termination

Notwithstanding any of these terms, we reserve the right, without notice and in its sole discretion, to terminate your license to use the Website and to block or prevent your future access to and use of the Website.

Severability

If any provision of these terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.