QICME - Terms of Use

Terms of Use

This site, located at www.Qicme.org (the "Site"), is owned by the Peer·Point Medical Education Institute, LLC. Any person accessing, browsing, or otherwise using the Site shall be considered a "User." The Peer·Point Medical Education Institute, LLC (we, us, our), provides access to this website subject to the User’s acceptance of this Website User Agreement ("Agreement").

1. About Us

The vision of Qicme is to provide healthcare stakeholders with valuable and innovative Quality Improvement initiatives that can be implemented at the point-of-care level. Measurable and reportable programs will be created to provide participants with the greatest amount of value in an effort to improve the quality of care of their patients.

The singular mission of the PeerPoint Medical Education Institute, LLC is to improve patient outcomes by providing superior, accredited medical education that enhances the delivery of healthcare.

2. Acceptance of Terms

By accessing or using the Site, the User agrees to be bound by the terms of this Agreement. The User is encouraged to periodically review this Agreement for any updates or changes. If the User does not accept the terms of this Policy, the User is advised not to use the Site.

3. THE SITE DOES NOT PROVIDE MEDICAL ADVICE

All of the material provided at the Site, such as graphics, photographs, software, text, advice, messages, or any other material provided on the Site ("Content") are for informational purposes only and are not substitutes for professional medical advice. The User is advised to consult a physician or appropriate healthcare provider with questions or concerns regarding the User’s or others’ health.

4. Privacy

The User agrees that he/she has read and understands the terms of the Site’s Privacy Policy, which is incorporated herein. This policy governs the collection, use, and sharing of personal and nonpersonal information from the User when using the Site.

5. Conflict of Interest

Authors providing information to the Site regarding any commercial product or service (such as a medication, device, or procedure) have been asked to disclose any possible conflict of interest. This request follows the conflict-of-interest guidelines applied to Continuing Medical Education (CME) Programs. Where possible, this disclosure information is included in the content of the Site. Additionally, the disclosure information is available on request. Content not attributed to a particular author was written by the editorial staff employed by the Peer•Point Medical Education Institute, LLC. None of these individuals has declared any conflict of interest.

6. Risk of Using the Site and the Internet

The User assumes total responsibility and risks for use of the Site and the Internet. The User acknowledges and agrees that any uploads or transmission that the User makes to, from, or through the Site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely the User’s.

7. Downloading Materials From The Site

The User understands that we cannot and do not guarantee or warrant that materials available for downloading from the Site including, without limitation, links, will be free of infection, viruses, worms, Trojan horses, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information. The User is responsible for implementing sufficient procedures and checkpoints to satisfy the User’s particular requirements for accuracy and security of data input and output and for maintaining a means external to the Site for the reconstruction of any lost data.

8. Intellectual Property

The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, trademarks, and other information (the "Proprietary Content") is, unless otherwise noted, the property of the Peer•Point Medical Education Institute, LLC. The Proprietary Content is protected by federal, state, and international copyright and trademark laws or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. The User may print and download portions of material from the different areas of the Site solely for the User’s noncommercial personal use; however, all copyright notices should be retained. No portion of the Proprietary Content may be reprinted, republished, modified, or distributed in any form without the express written permission as noted below. The only exclusion is for materials designated as downloadable files. The User may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license, or create derivative works of any of the Proprietary Content. The User may not make any unauthorized copies of any Proprietary Content.

To request permission to use material from the Site, as required by the preceding restrictions, contact QIinfo@qicme.org. Please include the subject line "Request for permission to use material."

Certain Proprietary Content may be licensed from third parties and all such third party content and all intellectual property rights related to the third party content belong to the respective third parties. In addition, certain trademarks are the property of their respective third party owners, and the use of trademarks, logos, or brand names in the Site are for identification purposes only and does not imply an endorsement by the Peer·Point Medical Education Institute, LLC, of the trademark owner or vice versa or that such trademark owner has authorized us to promote its products, services, or content. The User may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained on the Site or the Proprietary Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by the Peer·Point Medical Education Institute, LLC.

Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, or trademark of the Peer·Point Medical Education Institute, LLC, or any third party.

9. Acceptable and Lawful Use of the Site

Any information provided by the User in connection with use of the Site (a) shall not be false, inaccurate, or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (d) shall not infringe on the copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy of the Peer·Point Medical Education Institute, LLC, or third parties; (e) shall not be defamatory, libelous, unlawfully threatening, or harassing; and (f) shall not create liability for the Site to lose the services of Internet service providers or other suppliers. The User may not take any action that imposes an unreasonable burden upon the infrastructure used to support the Site, including but not limited to unsolicited e-mail, also called spam.

10. NO WARRANTIES

THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

THE INFORMATION CONTAINED ON THIS SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE USER SHOULD SEEK THE ADVICE OF THE USER’S PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER FOR ANY QUESTIONS THE USER MAY HAVE REGARDING A MEDICAL CONDITION.

THE PEER·POINT MEDICAL EDUCATION INSTITUTE, LLC, DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY ADVICE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO THE USER. THE PEER·POINT MEDICAL EDUCATION INSTITUTE, LLC, DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE PEER·POINT MEDICAL EDUCATION INSTITUTE, LLC, THEIR PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING CONTENT, ADVICE, PRODUCTS, OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE; (II) ANY INACCURACIES OR OMISSIONS IN THE CONTENT; (III) USE OF THE CONTENT; (IV) THE COST OF PROCURING SUBSTITUTE MERCHANDISE, ADVICE, AND SERVICES RESULTING FROM USE OF THE SITE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA; (VI) STATEMENTS, ADVICE, WARRANTIES, GUARANTEES, OR CONDUCT OF THE PEER·POINT MEDICAL EDUCATION INSTITUTE, LLC, OR ANY THIRD PARTY ON THE SITE, OR (VII) ANY OTHER MATTER RELATING TO THE USE OF THE SITE.

THE USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, ADVICE, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THIS SITE, THE PEER·POINT MEDICAL EDUCATION INSTITUTE, LLC, UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO THE SITE, IF ANY, FOR THE USE OF THE SITE BY THE USER OR $1.00.

BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF THE PEER·POINT MEDICAL EDUCATION INSTITUTE, LLC, AND THEIR AFFILIATES, PARTNERS, CONTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS, ATTORNEYS, AND AGENTS.

12. Indemnification

The User agrees to indemnify, defend, and hold the Peer·Point Medical Education Institute, LLC, and their affiliates, partners, contributors, officers, directors, employees, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including reasonable attorney's fees) resulting from (i) the User’s use of the Site, (ii) the User’s use of or reliance on the products, services, advice, or information provided through the Site, or (iii) the User’s breach of any provision of this Agreement. The Site reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with the Site in asserting any available defenses.

13. Policy Regarding Copyright Infringement and Designation of a Copyright Agent

The Site’s policy regarding copyright infringement and the Site’s designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:

The Site respects the intellectual property rights of others and requires those that visit the Site or use our network to do the same. The Site may, in appropriate circumstances and at our discretion, remove, or disable access to material on the Site or our network that infringes upon the copyright rights of others. The Site also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our network repeatedly infringe on others’ copyrights, the Site may in our sole discretion terminate those individuals' rights to use the Site and/or network.

If the User believes that the User’s work has been used on the Site or our network in any manner that constitutes copyright infringement, please notify us at QIinfo@qicme.org. The notice should include the following information:

An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work the User claims has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on the Site or network of the material the User claims has been infringed, or the link or reference to another website that contains the material the User claims has been infringed;
The User’s name, address, telephone number, and e-mail address;
A statement by the User that the User has a good-faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner, or the law; and
A statement by the User that the information in this notification is accurate and a statement, under penalty of perjury, that the User is the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

14. System Outages

The Site has periodically scheduled system downtimes for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages or any third-party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

15. User Content

Should any User respond to us or any of its employees, agents, partners, contributors, or others through the Site, via e-mail, message boards, or otherwise, with any information including, but not limited to, feedback, questions, requests, opinions, comments, suggestions, or the like regarding the content of any document, the Site or any other information ("User Feedback"), such information shall be deemed to be nonconfidential and we shall have no obligation of any kind with respect to such information. We shall be free to reproduce, use, disclose, and distribute the information to others without limitation and shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.

The User acknowledges, consents, and agrees that we may access, preserve, and disclose User Feedback if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any User Feedback violates the rights of third parties; (d) respond to the User’s requests for customer service; or (e) protect the rights, property, or personal safety of the Site, its users, and the public.

The User may only post or distribute content that the User created or which the User has been given permission to post by the owner of such content on the Site. The User may not post or distribute content that is illegal or that violates the terms of this agreement. By posting or submitting content to the Site, the User represents and warrants that (i) the User owns all rights to this content or is authorized to use and distribute this content on the Site; and (ii) this content does not and will not infringe any copyright or any other third party right nor violate any applicable law or regulation.

Although the User or the owner of the content retain ownership of all right, title, and interest in content that the User posts on the Site, by posting such content on the Site, the User grants the Site, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, distribute, modify, adapt, and promote this content in any medium.

16. The User’s Account Obligations

Certain sections of the Site may require that the User register by providing particular information including a user name and password. In these instances, the User agrees to (i) provide accurate and current information about the User as prompted by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If the User provides any information that is untrue, inaccurate, not current or incomplete, or there are reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate the User’s account and decline to permit continued use of the Site, future access to the Site, or any activities related to the User’s registration and account.

The User is responsible for maintaining the confidentiality of his/her user name and password (collectively, "Account Information") and is fully responsible for all activities that occur under the User’s Account Information. The User agrees that the User’s Account Information may be used to attribute an electronic record and electronic signature to the User. Therefore, the User shall not disclose the User’s Account Information to third parties. The User agrees to notify us immediately of any unauthorized use of the User’s Account Information or any other breach of security. We shall not, in any manner, be responsible or liable for fraudulent purchases, requests, or other transactions that are made using the User’s compromised Account Information.

17. Children

The Site does not knowingly collect any personal information from children under the age of 13 years. If the User is younger than 13 years of age, the User agrees that the User will not provide personal information about the User to us through the Site.

18. Governing Law

This Agreement and access to the Site shall be governed by and construed in accordance with the laws of the State of Illinois, exclusive of its conflict of law rules and matters affecting copyrights, trademarks, and patents under US federal law.

19. Choice of Forum

The User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Illinois and of the United States of America located in the State of Illinois for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts. The User hereby irrevocably and unconditionally waives any objection to the establishment of venue of any such litigation in the Courts and agrees not to plead or claim in any State of Illinois Court that such litigation brought therein has been brought in an inconvenient forum.

20. International Users

We make no claims that information on the Site is appropriate or may be downloaded outside of the United States. Access to the Site may not be legal in certain countries or for certain persons. If the User accesses the Site from outside of the United States, the User does so at the User’s own risk and is responsible for compliance with the laws of the User’s jurisdiction regarding online conduct and acceptable content, notwithstanding sections 21 and 22 above. User personal information ("Information") that is submitted to this Site will be collected, processed, stored, disclosed, and disposed of in accordance with applicable US law and our Privacy Policy.

If the User is a non-US user, the User acknowledges and agrees that we may collect and use the User’s Information and disclose it to other entities outside the User’s resident jurisdiction. In addition, such Information may be stored on servers located outside the User’s resident jurisdiction. US law may not provide the degree of protection for Information that is available in other countries. By providing us with the User’s Information, the User acknowledges that the User consents to the transfer of such Information outside the User’s resident jurisdiction as detailed in our Privacy Policy. If the User does not consent to such transfer, the User may not use the Site. If the User has already provided us with Information, please contact QIinfo@qicme.org.

21. Severability

In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by us, at any time or times, to require performance of any provision hereof shall in no manner affect our right at a later time to enforce such provision. No delay or failure by us in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. The User may not assign the User’s rights or delegate the User’s responsibilities hereunder without our express written permission. We may, at any time, assign our rights or delegate our obligations hereunder without notice to the User. No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between us and the User pertaining to the subject matter hereof and supersede all prior agreements, whether oral or written, and documents regarding the User’s use of the Site.

22. Headings

The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.

23. Updates and Modifications

In its sole discretion, we may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If the User has any questions about this Agreement, contact QIinfo@qicme.org.