Terms of Use

Please review these Terms of Use Carefully before using this website.

Thank you for visiting Home Centered Care Institute’s website (“HCCI” “we” or “us” or “our”). We are dedicated to promoting and advancing home based primary care and providing the highest quality information, services and products to support home based primary care providers. We provide our educational tools, products and services subject to the following terms and conditions.

NOTE: THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER PROVISION IN THE “DISPUTES” SECTION BELOW THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND HCCI.

By using this website, you agree to these Terms of Use. Please read them carefully. They contain important information about your rights and obligations. By using HCCI’s educational materials, services or ordering products from HCCI, you acknowledge that you have read and reviewed these terms in their entirety, you agree to these terms and the privacy policy and these terms constitute binding and enforceable obligations on you.

By visiting and/or using HCCI, you fully and unconditionally agree to these Terms of Use. If you do not agree to these Terms of Use, please do not visit or use materials on HCCI’s site. Any information, education, service or product provided by HCCI is conditioned upon your acceptance of this Terms of Use Agreement. By using this site, you represent that you lawfully consent to U.S. jurisdiction for all purposes on our site as if a resident of the U.S., and have the right, authority and capacity to enter into these Terms of Use Agreement.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE

The contents on HCCI’s site, including text, graphics, images, interactive materials, information from our affiliates, members, instructors and contributors (“Content”) are for educational and informational purposes only. The Content is not intended to substitute for professional medical advice, diagnosis or treatment. You should consult your physician or otherwise qualified health care professional with any questions you may have regarding medical treatment. Do not rely on HCCI’s information to determine your medical treatment requirements.

If you have a medical emergency, call 911 immediately. HCCI does not recommend or endorse any physician listed in an HCCI directory or listing, nor does it recommend or endorse any specific treatment plan, tests, procedures, products or other information that is mentioned on HCCI’s site. Reliance on information provided on this site is solely at your own risk.

Changes to Terms of Use
We may revise these Terms of Use at any time by updating this page. Such changes will be effective immediately upon posting. It is your responsibility to periodically visit this page to review the most current version of the Terms of Use. Your continued use of HCCI following such change will indicate your acceptance to the most recent Terms of Use. You may print a copy of this Terms of Use Agreement for your reference.

Registration
When and if you set up an account with HCCI, use educational materials and information, access HCCI’s physician listings, or make a purchase from HCCI, you agree to: (1) provide accurate, current, and complete information; (2) maintain and keep your information accurate, current, and complete; (3) not impersonate any person or entity, and (4) you will not select a user name that in our sole discretion deems offensive. We reserve the right to terminate your access to and use of HCCI’s site if any information provided by you is untrue, inaccurate, not current, or incomplete. Our use and disclosure of any information you provide us is governed by our privacy policy. All activity conducted in connection with your account will be your responsibility.

Materials Posted on Site

All materials posted on the HCCI site are protected by the copyright laws in the United States. HCCI authorizes its users to view or download materials solely for personal, noncommercial use so long as you include the copyright notice that is noted on the Content. Any special rules associated with specific Content may be noted in the Content and are hereby incorporated into these Terms of Use by reference.

Title to the Content remains with HCCI or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of HCCI. All rights not expressly granted herein are reserved to HCCI and its licensors. If you violate any of these Terms of Use, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.

HCCI’s Site and the Content are provided on an “as is” basis. HCCI, ITS LICENSORS, AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, HCCI, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on HCCI’s site.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content.

In no event shall HCCI, its licensors, its suppliers, or any third parties mentioned on the HCCI Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the HCCI Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not HCCI, its licensors, its suppliers, or any third parties mentioned on the HCCI Site are advised of the possibility of such damages. HCCI, its licensors, its suppliers, or any third parties mentioned on the HCCI Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. HCCI, its licensors, its suppliers, or any third parties mentioned on the HCCI Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Your Conduct
By using HCCI’s website you agree not to:

Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.
Falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information.
Restrict or inhibit other users from using HCCI.
Violate any applicable laws, rules, or regulations.
Express or imply that any statements you make are endorsed by us.
Engage in spamming or flooding.
Access or use (or attempt to access or use) another user’s content without permission.
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of HCCI’s services or website.
Copy, recreate, use or publish any copyright, trademark, or other proprietary rights notices contained in or displayed HCCI.
“Frame” or “mirror” any portion of HCCI’s website, or link to any page from HCCI’s website without our prior written authorization.

Sharing Information: By using HCCI, you agree not to upload, post, email or otherwise send or transmit any material that: (1) contains viruses, worms, Trojan horses, defects, date bombs, time bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with HCCI; (2) is abusive, illegal, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights or otherwise objectionable or which may give rise to liability or violate any law; (3) is in violation of a copyright, trademark or other intellectual property or other right of any person; (4) requests personally identifiable information; or (5) contains any advertisement, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.

Your Submissions: If you choose to upload or otherwise submit any material to or through HCCI, including without limitation, video photographs, images, text, graphics, sounds, data, or files (“Submissions”), by uploading such Submissions you represent and warrant that: (1) you own or otherwise possess all necessary rights with respect to your Submissions; (2) your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary rights of any third party; and (3) you hereby consent to the use of your likeness, and you acknowledge you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual’s likeness, or if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us with a copy of any such consents, releases and/or permission upon our request). And, you grant an irrevocable, nonexclusive right to the Submissions to HCCI, without compensation.

We may request that you submit evidence of your ownership of or right to use your Submissions. If, upon such request, we do not receive information we deem sufficient to evidence such rights, we reserve the right to: (i) suspend any service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.

Obligations & Responsibilities
You acknowledge that, if we provide you with the ability to view and distribute user-generated content on the Website, we are acting only as a passive conduit for such distribution, and we are not undertaking any obligation or liability relating to any such content. We do not and cannot review all communications and materials posted to HCCI’s website, and we are not responsible for the content of such communications and materials. All such content is offered AS IS, and you view and use it at your own risk. You acknowledge and agree that we may (but are not obligated to) do any of the following, at our discretion: (1) monitor and/or filter any Submissions; (2) remove or refuse to send, transmit, or otherwise use any Submission (including without limitation, by suspending the processing and shipping of any order related to any Submission); and/or (3) disclose any Submission, and the circumstances surrounding the transmission or use thereof to any third party.

If you become aware of misuse of HCCI’s website by any person, please contact us at info@HCCInstitute.org.

Our Use of Information Submitted
You agree that we are free to use any comments, information, reviews, feedback, postings, materials, photographs, artwork, ideas, or any other content contained in your Submissions or any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the HCCI Site or other products or services.

Idea Submission
Any ideas and/or suggestions that you submit to HCCI will be owned by HCCI, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to HCCI.

Compliance
You agree to comply with all applicable laws, statutes and regulations regarding your use of this Site and your purchase of products or services (if applicable) through our Site. HCCI may, in its sole discretion report actual or perceived violations of law to law enforcement or appropriate authorities. If HCCI becomes aware of any potential violation of the Terms of Use or our Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the appropriate enforcement action, during which we may suspend services or terminate the account of any customer being investigated.

Termination
HCCI reserves the right in its sole discretion to terminate or restrict your use of the HCCI Site or services, without notice, for any or no reason, and without liability to you or any third party. You agree that HCCI shall not be liable to you or any third party for any termination of your access to the HCCI Site or its Services. At HCCI’s sole discretion, HCCI may modify or remove any User Content that violates or is inconsistent with these Terms of Use or their intent, if your conduct is disruptive, or you have violated the law, these Terms of Use, or the rights of us or another user. HCCI will have no liability to you for any deletion of your User Content.

HCCI may also change, suspend, or discontinue any aspect of its Site or services at any time, including the availability of any feature or content without prior notice. Any updates to the Site will be subject to these Terms of Use.

Trademarks
Unless otherwise noted, all trademarks, service marks and trade names of HCCI used on the Site are trademarks or registered trademarks of HCCI in the U.S. and/or other countries. They may not be used without HCCI’s prior express written permission.

Copyright
The entire content of the HCCI Site, including but not limited to text, graphics and code, is HCCI’s property. HCCI grants you permission to electronically copy and print hard copy portions of the HCCI Site solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Site content is strictly prohibited, unless authorized by us in writing.

Copyright Violations
HCCI respects the intellectual property rights of others and will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the Digital Millennium Copyright Act. If you believe your copyright or the copyright of another has been infringed on, please provide our Copyright Agent with a written notice containing the following information:

a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you believe has been infringed;
an identification of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringed is located on the site;
information on how to contact you including your address, telephone number, and email address, if available;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Claims of infringement should be mailed via certified mail, return receipt requested, to the following address:

Home Centered Care Institute
1900 East Golf Road, Suite 950
Schaumburg, Illinois 60173

Warranty Disclaimer & Liability Limit
To the fullest extent permissible under applicable law, we present HCCI’s website, products and services “AS IS” and without any warranty of any kind, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the functions contained in HCCI’s website will be uninterrupted or error-free, that defects will be corrected or that HCCI’s website or the server that makes this website available are free of viruses or other harmful components. In the event of any breach of any warranty, your exclusive remedy shall be that HCCI shall, at its option, repair, replace, or refund the price you paid for any defective goods. HCCI assumes no liability or responsibility for any errors or omissions on HCCI’s website; any failures, delays or interruptions in HCCI’s website’s accessibility; any losses or damages arising from the use of HCCI’s website; or any conduct by other users of HCCI’s website. HCCI reserves the right to deliver HCCI’s website in its sole and absolute discretion. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing may not apply to you. IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE) AND TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID FOR THE PRODUCT. Some states do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.

Indemnification
You agree to indemnify, defend and hold HCCI, our shareholders, officers, directors, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, in whole or in part, out of your use of the Website or your violation of these Terms of Use, any law or the rights of any third party.

Electronic Notices
By using the Website, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Third-Party Links
The Website may link to sites operated by third parties. However, we have no control over these linked sites, all of which have their own terms of use and data collection practices. These linked sites are only for your convenience, and you access them at your own risk.

Disputes
Your use of HCCI’s website shall be governed by the laws of Illinois, without regard to choice of law provisions.

You agree that any dispute, claim or controversy arising out of or relating in any way to HCCI’s products or service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court in Cook County, Illinois. The arbitrator can award the same damages and relief that a court could award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.

If you elect to seek arbitration or file a small claims action, you must first send a certified written Notice of your claim (“Notice”) to HCCI:

Home Centered Care Institute
1900 East Golf Road, Suite 950
Schaumburg, Illinois 60173

The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If you and HCCI do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or HCCI may commence an arbitration proceeding or file a claim in small claims court.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA.

General
The Services are controlled and operated within the United States, and are not intended to be subject to the laws or jurisdiction of any country or territory other than that of the United States. We do not represent or warrant that the Services or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Services availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such provision. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

Contact Us
If you have any questions about these Terms of Use, please contact us at: info@HCCInstitute.org.

Home Centered Care Institute
1900 East Golf Road, Suite 950
Schaumburg, Illinois 60173
630-283-9200