Terms of Use

Terms of Use

Last updated March 1, 2011

The abouthipaa.com website (“Website”) is the property of Clearwater Compliance LLC (“CLEARWATER COMPLIANCE”) and includes all pages under the Website’s domain URL (www.abouthipaa.com) and any related abouthipaa.com or AboutHIPAA URLs. Any use of this Website constitutes acceptance of the terms contained herein. The AboutHIPAA.com terms of use agreement (Agreement) constitutes a binding and enforceable agreement between you and CLEARWATER COMPLIANCE. By using or accessing this Website, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the AboutHIPAA.com Website.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING A USER’S LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IT ALSO CLEARLY SPECIFIES THE MANNER BY WHICH ACCEPTANCE OCURRS SHOULD THESE TERMS OF USE CHANGE.

Section 1. Terms of Use Modifications

CLEARWATER COMPLIANCE reserves the right to change or revise this Agreement at any time by posting a notification of changes on the home page of our Website. No notification of such revisions will be made known by any other mechanism. CLEARWATER COMPLIANCE will notify you of revision dates by posting the last revised date preceding the first paragraph of this Agreement. The revised Agreement will take effect immediately after it has been posted on our Website. Your continued use of our Website after the posting of a modification notification will signify your acceptance of any such changes or revisions to this Agreement.

Section 2. Payments and Refunds.

CLEARWATER COMPLIANCE makes available digital content and/or subscription services for sale on our Website. To purchase said digital content you must agree to the terms and conditions contained in this Agreement, any related software license agreement and provide a credit card or other payment method made available by our payment services provider. Payment is due in U.S. dollars. CLEARWATER COMPLIANCE uses a third party service to accept payments and does not retain any credit card or other payment information in our databases. Payment is due immediately upon order placement. You are responsible for any taxes due and will pay CLEARWATER COMPLIANCE for digital content without any reduction for such amounts.

Section 3. Digital Content Copyright License

All digital content made available for use or for sale on our Website, including design, text, graphics, pictures, video, information and other files, and their selection and arrangement (the “Digital Content”), are the property of the authors, with all rights reserved. You are granted a limited license to use and access said Digital Content, and to download and print a copy of any portion of the Digital Content for personal use, or for use within one business unit profit center, provided that you keep all copyright or other proprietary notices intact, wherever such notices appear.

As pertaining to all the Digital Content, you may not make available, in any form and by any mechanism, said Digital Content on any public or private website or incorporate the Digital Content in any other database or compilation. Any use of the Digital Content, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Digital Content only for lawful personal uses in accordance with the foregoing and does not allow you to sell the Digital Content or use the Digital Content for commercial purposes other than as provided for herein.

Section 4. Use Restrictions

Absent prior written permission from CLEARWATER COMPLIANCE, you may not copy, distribute, republish, upload, or transmit information contained in this Website (“Information”) in any manner. However, you may download one copy of the Information provided you do not change the Information in any manner and further provided that you do not delete or change any copyright, trademark, or other proprietary notice contained in the Information. Where appropriate, the CLEARWATER COMPLIANCE Website provides links to other resources. However, as provided herein, CLEARWATER COMPLIANCE disclaims all warranties, express or implied, regarding the Information and links to other resources.

The Information does not include Federal or State statutes or regulations used in their original form on this Website. Such statutes and regulations are in the public domain and may be freely used consistent with U.S. law. However, the Information does include any paraphrasing, summary, or commentary related to these statutes and regulations and any formatting or layout related to same. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on this Website. Any Information downloaded by you from this website is licensed to you by CLEARWATER COMPLIANCE. This license does not transfer to you any intellectual property rights in the Information under any patent, copyright or trademark. All such rights remain with CLEARWATER COMPLIANCE. Modifying, or using the Information for any purpose, other than as specifically authorized herein, violates CLEARWATER COMPLIANCE’s intellectual property rights.

Absent prior written consent from CLEARWATER COMPLIANCE, you may not copy or imitate any elements of this Website, including but not limited to, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from CLEARWATER COMPLIANCE, you may not use framing, metatags, or hidden text techniques in association with ANY CLEARWATER COMPLIANCE or AboutHIPAA.com logo, trademarks or other copyrighted or proprietary information.

Section 5. Restricted Rights

CLEARWATER COMPLIANCE grants you only RESTRICTED RIGHTS regarding use of the Information and Website. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1) (ii) of The Rights in Technical Data and Commercial Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is CLEARWATER COMPLIANCE.

Section 6. Transmissions

You acknowledge that transmissions (Transmissions) by you to and from this Website are controlled by the CLEARWATER COMPLIANCE privacy policy and are non-confidential (i.e. others may read and/or intercept such Transmissions). Transmissions may take the form of questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written materials about this Website provided by you to CLEARWATER COMPLIANCE.

CLEARWATER COMPLIANCE has the right, but not the obligation, in its sole discretion to review any Transmissions using this Website and to edit or delete any Transmissions that violate any part of this Agreement. You hereby consent to collection and use of such Transmissions in accordance with CLEARWATER COMPLIANCE’s then current privacy policy and acknowledge that submitting Transmissions to this Website creates no financial or fiduciary relationship between you and CLEARWATER COMPLIANCE.

By using this Website, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions to CLEARWATER COMPLIANCE. Accordingly, CLEARWATER COMPLIANCE shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to this Website, you irrevocably waive all “moral rights” in such Transmissions.

Section 7. Indemnification

You agree to defend, indemnify, and hold CLEARWATER COMPLIANCE and its parents, subsidiaries, affiliates, officers and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to your use of this Website, including but not limited to: (1) your submission to this Website of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.

Section 8. Legal Disclaimer

NONE OF THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR WITHIN DIGITAL CONTENT CLEARWATER COMPLIANCE MAKES AVAILABLE FOR SALE ON THIS WEBSITE, SHOULD BE REGARDED AS LEGAL ADVICE. THE DISTRIBUTION AND PUBLICATION OF THIS WEBSITE, AND DIGITAL CONTENT MADE AVAILABLE FOR SALE ON THIS WEBSITE, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN CLEARWATER COMPLIANCE AND ANY WEBSITE USER. THE AUTHORS PROVIDE THE INFORMATION CONTAINED HEREIN, AND THE INFORMATION CONTAINTED IN THE DIGITAL CONTENT, ON AN “AS-IS” BASIS. THE AUTHORS MAKE NO WARRANTIES REGARDING ANY OF THE INFORMATION PROVIDED, AND DISCLAIM ANY LIABILITIES FOR DAMAGES RESULTING FROM ITS USE AS DESCRIBED BELOW.

Section 9. Limitations of Liability

IN NO EVENT SHALL CLEARWATER COMPLIANCE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF CLEARWATER COMPLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT THEN CLEARWATER COMPLIANCE’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEBSITE.

Section 10. DISCLAIMER

YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND THAT CLEARWATER COMPLIANCE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THIS WEBSITE OR THE INFORMATION. CLEARWATER COMPLIANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING, OR ATTEMPTING TO USE, THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING: (1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) CLEARWATER COMPLIANCE DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND (3) CLEARWATER COMPLIANCE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY RELATED SERVERS ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT. CLEARWATER COMPLIANCE MAY PERIODICALLY CHANGE ANY CONTENT/INFORMATION ON THIS WEBSITE. CLEARWATER COMPLIANCE RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN THIS WEBSITE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY CLEARWATER COMPLIANCE’SENDORSEMENT OR SPONSORSHIP THEREOF.

Section 11. Links

This Website includes hypertext links to other websites over which CLEARWATER COMPLIANCE has no control. CLEARWATER COMPLIANCE makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against CLEARWATER COMPLIANCE regarding such websites and must adhere to the usage and privacy policies governing such sites.

Section 12. Trademark

All trademarks used on this Website are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, CLEARWATER COMPLIANCE, abouthipaa.com, and all other colors, graphics, logos, sounds, images, icons and buttons displayed on this Website are trademarks of CLEARWATER COMPLIANCE and/or its affiliates. Absent prior written consent from CLEARWATER COMPLIANCE, you may not copy, imitate, or use any portion of these marks.

Section 13. Data Collection

Your Transmissions are subject to CLEARWATER COMPLIANCE’s Privacy Policy. By using or accessing our Website you agree to review the CLEARWATER COMPLIANCE Privacy Policy and to be bound by its terms and conditions. From time to time CLEARWATER COMPLIANCE may change its Privacy Policy without notice to you, other than that provided for in the Policy. Your continued use of our Website, after the posting of any changes to said Policy, shall constitute your agreement and acceptance of such changes. You can opt out of our Privacy Policy by terminating this Agreement as described herein.

CLEARWATER COMPLIANCE does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 13, with or without parental consent. If you have a good faith belief that CLEARWATER COMPLIANCE has inadvertently collected such information, please contact CLEARWATER COMPLIANCE at info@Abouthipaa.com. CLEARWATER COMPLIANCE will take immediate steps to remove such information from our Website, databases and any other data stores under CLEARWATER COMPLIANCE’s control.

Section 14. Site Monitoring

You acknowledge that you are solely responsible for all of your activities in relationship to this Website, including the contents of all Transmissions and the consequences thereof. You agree to indemnify, defend, and hold CLEARWATER COMPLIANCE harmless from any liability arising from your use of this Website. While CLEARWATER COMPLIANCE respects your privacy, your hereby acknowledge that this agreement creates no reasonable expectation of privacy in any Transmissions.

CLEARWATER COMPLIANCE may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (SPAM). You may not use this Website in association with such SPAM, any computer viruses, or any other potentially damaging computer code. CLEARWATER COMPLIANCE will prosecute violations to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to this Website as well as loss of profits, damages, court costs, and attorney fees associated with repairing any damaged property.

Section 14. Governing Law

This is the entire Agreement between you and CLEARWATER COMPLIANCE relating to your use of this Website. The laws of the State of Tennessee, United States of America, shall govern this Agreement and the CLEARWATER COMPLIANCE privacy policy, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement, or the CLEARWATER COMPLIANCE privacy policy, shall be filed only in state or federal court located in Nashville, TN. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action.

Section 15. Termination

Either you or CLEARWATER COMPLIANCE may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this website. CLEARWATER COMPLIANCE may terminate this agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to this Website.

Section 16. Severability

If any portion of this Agreement and of the CLEARWATER COMPLIANCE privacy policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.

Section 17. Definitions and Constructions

Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter.

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