- Modification of The Terms
- Account and Authentication
- Data Requirements
- Accuracy and Currency of Data
- Data Management Service Providers
- Representations, Warranties, and License
- Liability and Indemnification
- Disclaimer of Warranties
- Limitation of Liability
- Ethics and Responsibility
- DMCA Notice
- Governing Law
- Contact Information
Modification of The Terms
We reserve the right, in our sole discretion, to amend this Agreement, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You can determine when this Agreement was last revised by referring to the “Last Updated” notation above. If you use the Website after the amended Agreement been posted, you thereby agree to the amended Agreement.
Account and Authentication
An entity seeking to upload Content into the Website must establish an account with HMS before doing so. To establish an account, the entity must provide the information required at the HMS registration page. The account will become operational upon approval by HMS.
You agree to maintain the accuracy and currency of your account information and Content. In the event your Content appears to be inaccurate or incomplete, HMS reserves the right to suspend or delete your Content from the Website.
You agree to comply with the Website’s requirements explained herein. This sets forth the requirements for Content to be published to the Website. Requirements include information regarding your organizational structure, education and training programs, quality assurance regimens you abide by, assessment information, cost, and other information. HMS reserves the right to modify policies from time to time, and you agree to comply with any revisions that may be adopted as a condition to your right to publish Content to the Website.
Accuracy and Currency of Data
When you publish Content, you will be asked to provide information regarding how frequently the information about your Content is likely to change. If you have not updated the Content within the timeframe that you state, or if you do not respond to an inquiry from HMS regarding the accuracy and currency of that Content, HMS may take appropriate steps, including removal of the Content, to inform users of the Website that the Content may not be current. HMS reserves the right to modify this policy from time to time, and you agree to comply with any revisions that may be adopted as a condition to your right to publish Content to the Website.
Data Management Service Providers
Representations, Warranties, and License
You represent and warrant to HMS that: (i) you are the owner of the Content that you post to the Website, and/or that you have full legal right and authority to post to the Website the Content that you publish on behalf of any Credential Provider; (ii) you have full legal authority to grant to HMS the rights and licenses described in this Publisher Agreement; (iii) the Content that you publish on the Website is accurate, current, and complete as of the date that it is published; and (iv) any Content you post does not and will not infringe upon or constitute a misappropriation of any third party copyright, trademark, trade secret, confidential or proprietary information, patent or other intellectual property right. You further agree to indemnify HMS for any loss resulting from a breach of this representation and warranty.
IN ADDITION TO THE FOREGOING, YOU SPECIFICALLY REPRESENT AND WARRANT THAT YOU SHALL NOT AT ANY TIME POST ANY PERSONALLY IDENTIFIABLE INFORMATION TO THE WEBSITE, AND THAT YOU SHALL AT ALL TIMES COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, RULES AND ORDERS, INCLUDING BUT NOT LIMITED TO THOSE DEALING WITH PRIVACY AND HANDLING AND PROCESSING OF PERSONALLY IDENTIFIABLE INFORMATION. YOU FURTHER AGREE TO INDEMNIFY HMS FOR ANY LOSS RESULTING FROM A BREACH OF THIS REPRESENTATION AND WARRANTY, INCLUDING ANY CLAIMS BY ANY GOVERNMENT AUTHORITY BASED UPON YOUR PRIVACY PRACTICES.
By publishing Content to the Website, you thereby grant HMS a nonexclusive, universal, perpetual, irrevocable, sublicensable, commercial, and non-commercial right and license to: (i) use, copy, duplicate, download, reproduce, store in a retrieval system, distribute, sell, transmit, transfer, disseminate, aggregate, publish, create derivative works from, and otherwise make use of that Content; and (ii) grant to third parties the right and license to do any of the foregoing. You also grant HMS the right to display on our Websites and the Website any trademarks, logos, service marks, and product marks that you publish to the Website.
Liability and Indemnification
Disclaimer of Warranties
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR PUBLISHING OF CONTENT TO, AND USE OF, THE WEBSITES AND WEBSITE IS AT YOUR SOLE RISK. HMS AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES OR THE WEBSITE AND THEIR CONTENT, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITES OR OF THE WEBSITE OR ITS CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HMS WILL NOT BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY ARISING FROM YOUR PUBLISHING OF CONTENT TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES. THIS IS TRUE EVEN IF HMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. HMS DOES NOT GUARANTEE THAT THE WEBSITE WILL BE FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, VIRUSES, INTERFERENCE, HACKING, MALWARE OR OTHER SECURITY INTRUSION, AND HMS DISCLAIMS ANY LIABILITY RELATING THERETO. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, HMS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING OUT OF YOUR PUBLISHING OF CONTENT TO THE WEBSITE, OUR LIABILITY SHALL IN NO EVENT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Ethics and Responsibility
You may not publish to the Website Content regarding any information that pertains to matter or conduct that is unlawful, misleading, malicious, hateful, discriminatory on the basis of race, ethnicity, national origin, sexual orientation, gender, sexual/gender identity or religious affiliation; that threatens or promotes violence; or that promotes or endorses intimidation or harassment. Nor may you use information that you receive from the Website for any such matter or conduct. We reserve the right to suspend or remove any Content that violates this provision.
If you have any questions or concerns, please email us at firstname.lastname@example.org
Last Updated 9/26/2019