NATIONAL BOARD OF CERTIFICATION AND RECERTIFICATION FOR NURSE
ANESTHETISTS
TERMS AND CONDITIONS OF USE
OF NBCRNA.COM
Welcome to the website of the NATIONAL BOARD
OF CERTIFICATION AND RECERTIFICATION FOR NURSE ANESTHETISTS (the
“NBCRNA”). Please take a few minutes to
review the following statements containing important legal information, privacy
policies and other terms and conditions of use of this site.
Thank you
for your cooperation, and enjoy your visit!
SUMMARY OF IMPORTANT LEGAL INFORMATION
Copyright
and Trademark Notices.
The content of material provided by NBCRNA on the Site is copyrighted by
NBCRNA or used by NBCRNA under license or other legal authority. NBCRNA and its licensors retain all copyrights
and other proprietary rights in or relating to any content, including any
software, provided on the Site. All rights are reserved and such content may
not be reproduced, downloaded, used, modified, published, displayed,
disseminated, or transferred, in any form or by any means, except with the prior
written agreement of NBCRNA or as indicated below. You may download and print a small number of
copies of the content for your own personal uses. You may not sell, transfer, reproduce,
transmit, distribute, perform or display such content for any commercial
purpose without the prior express written consent of NBCRNA.
Information
Presented by NBCRNA.
The information presented on behalf of NBCRNA on the Site is designed
for informational and educational purposes only. Although NBCRNA endeavors to ensure the
accuracy and reliability of information presented by or on behalf of NBCRNA on
the website, it does not guarantee the accuracy, completeness, efficacy or
timeliness of such information, and therefore, makes no representation or
warranty regarding the same. Reliance on
any information appearing on the Site is solely at your own risk.
Information Presented by Users and Third
Parties. Any
content and/or opinions uploaded or submitted by a third party, including all data,
information, materials, articles, hyperlinks, documents, spreadsheets,
presentations, images, individual user profiles, comments, opinions, or other
dialogue, any other content or opinions in any form and responses to questions
(hereinafter “User-Posted Content”) are solely the opinions and responsibility
of the person or entity submitting them and do not necessarily reflect the
opinions of NBCRNA. NBCRNA makes no
representation or warranty regarding User-Posted Content that is posted or
uploaded by users of the Site or other third parties, and NBCRNA expressly
disclaims any and all liability related thereto. By using the Site, you agree to hold NBCRNA
harmless from any and all claims arising out of User-Posted Content. Reliance on any information appearing on the
Site, whether provided by third parties at the invitation of NBCRNA or visitors
or contributors to the website is solely at your own risk.
Liability of NBCRNA and its Licensors. The
Site and information provided on the Site
is provided on an “as is” and “as available” basis, with all faults. Neither NBCRNA nor any person associated with
NBCRNA makes any warranty or representation with respect to the quality,
accuracy, or availability of the Site.
Specifically, but without limiting the foregoing, neither NBCRNA nor
anyone associated with NBCRNA warrants or represents that the Site or the
information provided on the Site will be accurate, reliable, error-free,
uninterrupted; that defects will be corrected; that the Site or the servers
that make them available are free from viruses or other harmful components; or
that the Site will otherwise meet your needs or expectations. NBCRNA disclaims all warranties of any kind,
express or implied, including any warranties of merchantability, fitness for a
particular purpose or non-infringement.
In no event will NBCRNA or its contractors be liable for any damages of
any kind, under any legal theory, arising out of or in connection with your use
of, or inability to use, the Site, including any direct, indirect, incidental,
special, consequential or punitive damages, including, but not limited to, lost
profits or damages resulting from delay, interruption in service, viruses,
deletion of files or electronic communications, or errors, omissions, or other
inaccuracies in the Site or the content transmitted on the Site or personal
injury, whether or not there is negligence by NBCRNA and whether or not NBCRNA
has been advised of the possibility of any such damages.
User Obligations. You agree to comply in all respects with
these Terms and Conditions as they may be amended, updated or revised from time
to time. Your failure to comply with the
provisions of copyright and trademark restrictions and user obligations may
expose you to civil and/or criminal liability.
PRIVACY POLICY
NBCRNA provides the following privacy policy (the “Privacy Policy”) in
order to demonstrate our firm commitment to privacy. NBCRNA may need to change this Privacy Policy
from time to time in order to address new issues and to reflect changes on our
Site. Please refer back to this Privacy
Policy regularly because your use of the Site signifies that you agree to be
bound by the terms and conditions of this Privacy Policy, as amended from time
to time. The terms and conditions of
this Privacy Policy apply to any and all uses of the Site.
a. Collection of Personal
Information. NBCRNA may ask for information about our
users at the point of registration. Such
information may include name, age, education level, gender, e-mail address, zip
code and areas of interest. This information
tells us about the types of people (e.g., providers vs. patients) who
use the Site, allows us to verify a user’s identity and helps us tailor the
Site to our audience.
b. Use of Personally
Identifiable Information. NBCRNA will not sell or otherwise
transfer or disclose personally identifiable information to third parties
without the user's prior consent except as may be required by federal, state or
local law, or by exigent circumstances.
That means that NBCRNA will not disclose your name, e-mail address,
street address or phone number without your consent. We may use your personally identifiable
information to compile and display content and information that we think you
might be interested in. NBCRNA also may
use your profile information on an aggregate basis -- without personal
identifiers -- to develop and display new features and content for the Site,
and to provide others with aggregate information about our users and the usage
patterns of the Site. NBCRNA also may
perform statistical analyses of user behavior (on an aggregate basis) in order
to measure interest in and use of the various areas of the Site and to improve
the NBCRNA’s services and activities.
c. Use of Personally
Identifiable Information in an NBCRNA Directory. The
NBCRNA Site may also provide identifiable user data such as name, city, state,
job title, and workplace to other users of the Site through an NBCRNA online
directory. Users of the Site agree to
use directory information for individual, professional and confidential
reference purposes only and agree not to use this directory, in whole or in
part, for mailing lists, solicitations, fundraising or commercial
purposes. Users of the Site further
understand and agree that their names and contact information may be posted on
this site in an NBCRNA . Such users
agree to hold NBCRNA harmless from any and all claims arising out of or
relating to the publication or display of any identifiable information.
d. Retention of User
Information. It is not possible for a user to delete his
or her profile from our database, nor is it feasible to delete all traces of a
user's activity in the system. Messages
posted to bulletin NBCRNAs are examples of user activities that are not
feasible to delete.
e. Voluntary Disclosure of
Personally Identifiable Information on Bulletin NBCRNAs, News Groups and Chat
Rooms, and other Interactive Areas (collectively "Interactive
Areas"). Users should be aware that when they
voluntarily disclose personally identifiable information (for example, user
name, e-mail address) on an Interactive Area of the Site, that information,
along with any substantive information disclosed in the user's communication,
can be collected and correlated and used by third parties and may result in
unsolicited messages from third parties. Such activities are beyond the control
of NBCRNA and NBCRNA is not responsible for the discoverability of any user’s
identity by methods beyond our control.
f. Cookie Technology. NBCRNA
collects non-personal identification information through the use of “cookie”
technology and/or Internet Protocol (“IP”)
address tracking. Cookies are
small text files a website can use to recognize repeat users and facilitate the
user’s ongoing access to and use of the site.
Non-personal identification information might include the browser used
by the user, the type of computer, the operating systems, the Internet service
providers and other similar information.
The NBCRNA system also automatically gathers information about the areas
the user visits on the Site and about the links the user may select from within
the Site to other sites.
NBCRNA cannot control the use of cookies by advertisers or third
parties displaying data on the Site or whose sites a user visits or links to
from the Site. Most browsers are set to
accept cookies. You can set yours to
refuse cookies, or to alert you when cookies are being sent.
g. Password Protected
Areas. NBCRNA does not warrant or represent that the
information you submit to the Site will be protected against loss, misuse, or
alteration by third parties. You are
responsible for taking all steps to ensure that no other person has access to
your password or account. It is your
sole responsibility to (1) control the dissemination and use of your password;
(2) authorize, monitor, and control access to and use of your password; and (3)
promptly inform NBCRNA of any need to deactivate your user name or
password. You permit NBCRNA and all
other persons or entities involved in the operation of the website to transmit,
monitor, retrieve, store and use your information in connection with the operation
of NBCRNA Site. NBCRNA does not and
cannot assume any responsibility or liability for any information submitted by
you to the Site or for your or third parties’ use or misuse of information
transmitted or received through the Site.
h. Links to other sites. Users
will find advertising or other content on the Site that enable linking to the
sites of certain third parties. These
third party sites may have their own privacy policies or no policy at all. The NBCRNA Privacy Policy does not apply to such
other sites. NBCRNA has no control over
and is not responsible for the content displayed on such sites, nor over the
measures, if any, that are taken by such sites to protect the privacy of user
information. Users should check the
privacy policy of any third party site before providing personally identifiable
information.
i. Security of
Information. NBCRNA is committed to keeping user
information secure, and uses industry standard technology in an attempt to
achieve that goal.
j. Release of Information
to Comply with Legal Requirements or Government Request. NBCRNA
reserves the right at all times to disclose any information uploaded to or
appearing on the Site to the extent necessary to comply with any applicable
law, regulation, legal process, subpoena or governmental request.
k. Removal of Information
and Termination of Usage. NBCRNA reserves the right, but
does not assume any responsibility, to (1) remove from the Site any material
posted by you which NBCRNA, in its sole discretion, deems inconsistent with
these Terms and Conditions; and/or (2) terminate your access to all or
part of the Site. However, NBCRNA can
neither review all material prior to transmission on the website nor ensure
prompt action with respect to objectionable material after it is transmitted on
the Site. Accordingly, NBCRNA assumes no liability for
any action or inaction regarding transmissions, communications, or other
content that is provided by third parties.
NBCRNA reserves the right to take any action it deems necessary to
protect the personal safety of users of the Site
and the public, however, NBCRNA has no liability or responsibility to anyone
for performance or nonperformance of the activities in this paragraph.
l. Parental Permission. NBCRNA
does not intend that children will use the Site. Some of the information available on the Site
may not be appropriate for children.
USERS UNDER 18 YEARS OF AGE MUST OBTAIN PARENTAL PERMISSION TO USE THE
SITE. Adults should not assist
unauthorized children to access the Site.
NBCRNA will not knowingly collect, use or disclose personally
identifiable information about visitors under 18 years of age.
m. Contact
Information. NBCRNA welcomes your comments and questions. All comments and questions regarding this
Privacy Policy should be directed by email to recertification@nbcrna.com.
n. Complaint Procedures. Any
suspected violations of these Terms and Conditions or misuse of the Site should
be immediately reported to [insert webmaster’s e-mail
address].
LINKS TO OTHER SITES AND ADVERTISING ON
NBCRNA.COM
The Site contains links to third party websites. These links are
provided solely as a convenience to users and not as a guarantee, warrantee, or
recommendation by NBCRNA of the content on such third-party websites or as an
indication of any affiliation, sponsorship or endorsement of such third party
websites. NBCRNA is not responsible for
the content of linked third-party sites and does not make any representations
regarding the privacy practices of, or the content or accuracy of materials on,
such third-party websites. Furthermore,
NBCRNA is not responsible for webcasting or any other form of transmission
received from any linked website. If you decide to access linked third-party
websites, you do so at your own risk. Your use of third-party websites is
subject to the terms of use for such sites.
THE SITE ALSO MAY CONTAIN ADVERTISEMENTS BY THIRD PARTIES. NBCRNA MAY RECEIVE ROYALTIES FROM SUCH
ADVERTISERS. NBCRNA DOES NOT ENDORSE,
GUARANTEE, WARRANT, OR RECOMMEND ANY PRODUCT OR SERVICE CONTAINED IN
ADVERTISEMENTS.
USE OF
INTERACTIVE AREAS
NBCRNA may
provide interactive forums, chat rooms, news groups, bulletin NBCRNAs and other
interactive areas (“Interactive Areas”) on the Site. If you use any of the
Interactive Areas, you are solely responsible for your own communications and
the consequences of posting those communications, and you assume responsibility
for such communications, including its legality, reliability, and
appropriateness. By posting or otherwise
displaying information on the Site, you grant to NBCRNA the right to display,
copy, distribute and publish in any format User-Posted Content you upload or
otherwise transmit to the Site. NBCRNA
does not assume any responsibility for the truthfulness, accuracy or
reliability of any material posted on any Interactive Area, or of consequences
of any Interactive Area communications on or arising from use of the Site. IN CASES WHERE YOU FEEL THREATENED OR BELIEVE
SOMEONE ELSE IS IN DANGER, YOU SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY
IMMEDIATELY.
In
consideration of being allowed to use the Interactive Areas, you agree not to
engage in the following activities:
1. Using an Interactive
Area for any purpose in violation of local, state, national, or international
laws;
2. Posting material that
infringes on the intellectual property rights of others or on the privacy or
publicity rights of others;
3. Posting material that
is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or
embarrassing to another user or any other person or entity as determined by
NBCRNA at its sole discretion;
4. Posting material that
contains any virus, worm, Trojan horse or other code which may contaminate or
destroy the files or programs of NBCRNA or its users;
5. Posting advertisements,
solicitations of business or job postings without prior express written consent
from NBCRNA in advance of making the posting;
6. After receiving a
warning, continuing to disrupt the normal flow of dialogue, or post comments
that are not related to the topic being discussed (unless it is clear the
discussion is free form);
7. Posting chain letters
or pyramid schemes;
8. Impersonating another
person;
9. Allowing any other
person or entity to use your identification to post or view comments;
10. Posting the same note
more than once (i.e., “spamming"); or
11. Posting messages or any
other content that may restrain trade or encourage or facilitate an agreement
about the following subjects: prices, discounts, or terms or conditions of
sale; salaries; profits, profit margins, or cost data; market shares, sales
territories, or markets; allocation of customers or territories; selection,
rejection, or termination of customers or suppliers; or any other information
that violates federal or state anti-trust or competition laws.
12. Engaging in any other
conduct that restricts or inhibits any other person from using or enjoying the
Interactive Areas, or which, in the judgment of NBCRNA, exposes NBCRNA or any
of its users or Sponsors to any liability or detriment of any type.
NBCRNA reserves the right but is not obligated to record the dialogue
in public chat rooms. NBCRNA does not
screen communications in advance and is not responsible for screening or
monitoring material posted by users, or any other person or entity. If notified by a user of communication(s)
which are alleged not to conform to the terms of this Section, NBCRNA may but
is not obligated to investigate the allegation and determine in its sole
discretion to remove or request the removal of the communication(s). NBCRNA reserves the right but is not
obligated to remove or edit communications which are abusive, illegal,
disruptive, or that otherwise fail to conform with these Conditions. In addition to the removal rights described
above, NBCRNA reserves the right to terminate a user's access to any or all
Interactive Areas at any time, without or without notice, in the exercise of
its sole discretion.
NBCRNA reserves the right but is not obligated to monitor, edit, or
disclose any posting on the Interactive Areas for lack of adherence to the
Conditions, if required in the course of normal operation and maintenance of
NBCRNA, or if required to do so by law or in the good-faith belief that such
action is necessary to: (i) comply with the law or comply with legal process
served; (ii) protect and defend the rights of NBCRNA or others; or (iii)
protect the personal safety of our users, Sponsors, or the public. NBCRNA HAS NO LIABILITY OR RESPONSIBILITY TO
USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE
AFOREMENTIONED SCREENING ACTIVITIES.
NBCRNA MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES OR UNDERTAKINGS
CONTRARY TO THOSE SET FORTH ABOVE.
MISCELLANEOUS
CONDITIONS OF USE
Resolution and Disputes. These Terms and Conditions shall be governed
in all respects by and construed in accordance with the laws of the State of
Georgia without regard to its conflicts of law principles. These Terms and Conditions, as they may be
amended from time to time, completely and exclusively state the agreement
between you and NBCRNA with respect to the Site, and no other terms that may
have been communicated to you orally or in any other manner shall have any
force or effect. Any cause of action you
may have that arises out of or relates to the Site must be commenced within one
(1) year after the claim or cause of action arises or such claim or cause of
action is barred. Exclusive jurisdiction
over any cause of action arising out of or relating to the Site shall be in the
state or federal courts located in the State of Georgia. You agree and submit to the jurisdiction of
such courts.
If any part of the Terms and Conditions are unenforceable, the
unenforceable part shall be construed to reflect, as nearly as possible, the
original intentions of the parties. The
other provisions of the Terms and Conditions shall remain in full force and
effect. NBCRNA’s failure to insist upon
or enforce strict performance of any provision of the Terms and Conditions
shall not constitute a waiver of the provision.
Neither a course of dealing or conduct between you and NBCRNA nor any
trade practices shall be deemed to modify the Terms and Conditions.
AGREEMENT
BY ENTERING
AND USING THE NBCRNA SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND
UNDERSTAND THESE TERMS AND CONDITIONS OF USE OF NBCRNA.NET; THAT THE
PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND
REASONABLE; AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS VOLUNTARY
AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY
ANY PERSON OR ENTITY.
YOU ALSO AGREE
TO INDEMNIFY AND HOLD HARMLESS NBCRNA AND ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AFFILIATES, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS, AND OTHERS
INVOLVED IN THE DELIVERY OF THE WEBSITE OR THE DELIVERY OF SERVICES OR
INFORMATION OVER THE WEBSITE, FROM AND AGAINST ANY AND ALL LIABILITIES,
EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, FROM ANY
CLAIM, COMPLAINT OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE
SITE, INCLUDING BUT NOT LIMITED TO ANY VIOLATION BY YOU OF THESE TERMS AND
CONDITIONS.
LAST REVISED DATE: _____________, 2012