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The inquisit.org website (the "Site") is a service of Health Industry Technology, LLC d/b/a Inquisit ("Inquisit", "us" or "we"). These inquisit.org Terms of Use ("Terms of Use") set forth the terms and conditions under which you may enter and use the Site and any services available on the Site.
General Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ENTERING OR USING THE SITE, REGISTERING WITH THIS SITE, OR PURCHASING ANY EDUCATIONAL MATERIALS, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ENTER OR USE THE SITE.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 5 AND 6 BELOW.
WE MAY REVISE THESE TERMS OF USE AT ANY TIME. WHEN WE DO, WE WILL ALSO REVISE THE "LAST UPDATED" DATE AT THE TOP OF THESE TERMS OF USE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT TERMS OF USE. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERTEXT LINK LOCATED AT THE BOTTOM OF OUR WEB PAGES. WE MAY ADD ADDITIONAL CONDITIONS WHICH GOVERN YOUR USE OF THE SITE BY POSTING SUCH CONDITIONS ON THE SITE FROM TIME-TO-TIME. YOUR CONTINUED ENTRY TO AND/OR USE OF THE SITE AFTER WE POST ANY REVISED TERMS OF USE CONSTITUTES YOUR AGREEMENT TO ANY SUCH REVISED TERMS OF USE.
1. General Use and Restrictions.
1.1. Use of Site. Subject to your strict performance with these Terms of Use, Inquisit grants you a non-exclusive and limited privilege to enter and use the Site to view information ("Content") regarding Inquisit and the types of materials and programs that it offers for your personal use. Inquisit also grants you a non-exclusive and limited privilege to print copies of any Content that you are authorized to access for your personal use. "Content" as defined herein does not include Educational Programs, as defined below.
1.2. Restrictions. You agree not to enter or use the Site for any purpose that is prohibited by these Terms of Use, and agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site, including the Content and Educational Programs. You agree not to, and agree not to cause or permit others to, (a) rent, lease, sublicense or otherwise make commercial use of Content, (b) modify, translate, reverse engineer or disassemble, enable disabled features, or decompile any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site, (c) use any of our trademarks as metatags on other websites, or as keywords for search results page advertisement, (d) use the Site in any manner that is illegal or that impairs the operation of the Site or its availability or usage by others, (e) display any part of the Site in frames (or any Content or Educational Programs via in-line links), and/or (f) remove any title, trademark, copyright and/or restricted rights notices or labels or copyright management information on the Site or Content. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site. If you have not registered to use the Site, you agree not to use or access, or attempt to use or access, any Content or Educational Programs or other feature of the Site intended only for users that have registered with the Site. If you wish to use any Content in any manner not expressly permitted under these Terms of use, please submit a request to info@inquisit.org for our consideration.
1.3. Modifications to the Site or Service. For the avoidance of doubt, we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Content, at any time for any reason (or for no reason) and without notice or liability, subject only to the terms of Section 17 below.
2. Linking and Third Party Dealings.
2.1. Links to External Sites. We may provide hyperlinks to other websites and Internet resources operated by parties other than Inquisit. We have no control over such sites and resources or their privacy policies, and thus take no responsibility for the information contained on these sites. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such websites does not imply any sponsorship, affiliation or endorsement of the material on such websites or with their operators.
2.2. Linking to the Site. We welcome links to the Site from other websites, but if we demand that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at anytime after such demand is made.
3. Intellectual Property.
3.1. General. Except for Content that is in the public domain, the Site and all original Content and Educational Programs, as well as the selection and arrangement of the Content, is owned by (or licensed to) Inquisit or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein or permitted by law. Except as otherwise expressly provided in these Terms of Use, all rights in and to the Site, Content and Educational Programs are expressly reserved by Inquisit.
3.2. Trademarks. INQUISIT, THE RESOURCE FOR BETTER HEALTH CARE KNOWLEDGE and all associated logos are either common law trademarks or service marks or registered trademarks or service marks of Inquisit, and all page headers, custom graphics, button icons, and scripts are trade dress of Inquisit or its licensors. Inquisit’s trademarks, service marks and trade dress may not be used to identify the source of any product or service other than Inquisit’s products and services, or to mislead consumers as to whether any product and/or service is somehow related to or associated with Inquisit.
4. Disclaimer of Warranties. You expressly acknowledge and agree that you use the Site, Content and Educational Programs at your sole risk. To the maximum extent permitted by applicable law, the Site, Content and Educational Programs are provided to you on an "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, Inquisit makes no representations or warranties relating to the Site, Content or Educational Programs including, without limitation, representations or warranties that (a) the Site, Content or Educational Programs shall meet your requirements, (b) the operation of the Site will be uninterrupted or error free, or (c) any errors, omissions or defects in the Site, Content or Educational Programs will be corrected. You acknowledge and agree that you assume sole responsibility for ensuring that all Content and Educational Programs are accurate and up to date. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INQUISIT HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT INQUISIT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SITE, CONTENT AND EDUCATIONAL PROGRAMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INQUISIT FURTHER DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON INFRINGEMENT WITH RESPECT TO THE SITE, CONTENT AND EDUCATIONAL PROGRAMS. Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL INQUISIT BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE, THE LOSS OF ANY CONTENT OR EDUCATIONAL PROGRAMS OBTAINED THROUGH THE SITE, AND/OR THE INACCURACY OF ANY INFORMATION ON THE SITE (INCLUDING CONTENT AND EDUCATIONAL PROGRAMS), AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE, THE CONTENT, EDUCATIONAL PROGRAMS AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE, IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF INQUISIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To the extent not prohibited by law, in no event shall Inquisit’s total liability to you for all damages exceed the greater of (a) $5.00, or (b) the aggregate of all fees received by Inquisit from you within the three (3) month period before the applicable claim arises. Some jurisdictions do not allow the disclaimer of some types of damages, so some of the above may not apply to you.
6. Indemnification. You hereby agree to indemnify and hold harmless Inquisit and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your entry and/or use of the Site, Content and/or Educational Programs, and/or (b) any breach, or alleged breach, of any of these Terms of Use by you.
7. Governing Law and Jurisdiction. These Terms of Use shall be deemed to be agreed to by you in Allegheny County, Pennsylvania. These Terms of Use, and all matters arising out of or relating to these Terms of Use, shall be governed by the laws of the State of Pennsylvania and the United States, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to exclusive jurisdiction and venue in the U.S. District Court for the Western District of Pennsylvania, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in or for Allegheny County, Pennsylvania. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.
8. General Provisions.
8.1. Entire Agreement. The Privacy Policy and these Terms of Use constitute the entire agreement between the parties with respect to your use of the Site (including, without limitation, the Service) and supersedes all prior and contemporaneous agreements and understandings regarding such subject matter.
8.2. Assignment. You may not transfer any rights, interests or obligations you may have under these Terms of Use without the prior written consent of Inquisit. Inquisit may assign our rights under these Terms of Use, in whole or in part, without your consent. Subject to the foregoing, these Terms of Use shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors, heirs and permitted assigns.
8.3. Severability. If any provision of these Terms of Use is declared or found to be illegal, unenforceable or void, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is illegal, unenforceable or void, it being the intent and agreement of the parties that these Terms of Use shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent or, if that is not possible, by substituting therefore another provision that is legal and enforceable and achieves the same objective. If the remainder of these Terms of Use shall not be affected by such declaration or finding and is capable of substantial performance, then, each provision not so affected shall be enforced to the extent permitted by law.
8.4. Cumulative Remedies. No right or remedy conferred by these Terms of Use is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time.
8.5. Notices. Inquisit may provide notice to you relating to these Terms of Use by sending an e-mail to your last known e-mail address, if any; your last known postal address, if any; or by posting a notice on the Site, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Site.
8.6. Miscellaneous. A printed version of these Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Inquisit to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If we bring any suit against you to enforce these Terms of Use or otherwise in connection with your use and/or entry of the Site, you agree that if we prevail in such suit we shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees. Use of the Site is unauthorized in any jurisdiction that does not give substantial effect to all provisions of these Terms of Use.
Additional Terms of Use for Registered Users
9. Use of Site by Registered Users. Inquisit offers educational materials (including downloadable course materials), audio conferences, webinars and live seminars (collectively, "Educational Programs"). If you are a Registered User, Inquisit grants you a non-exclusive and limited privilege to (a) purchase certain Educational Programs for a fee, (b) register for Educational Programs that are provided through the Site for free, and/or (c) access, view and/or download the Free Educational Programs for which you have registered and the other Educational Programs that you have purchased for your own personal educational and informational purposes, subject to your strict performance with these Terms of Use. Inquisit also grants you a non-exclusive and limited privilege to print a single copy of any Educational Program that you have purchased or for which you have registered, for your personal use, and to use such printed copy of the Educational Programs solely for customary purposes, such as notetaking, reference, discussion and study. Such copies may not be used for commercial purposes competitive with Inquisit.
10. Restrictions. Without limiting any restrictions set forth in Sections 1.2 or 9 above, you agree not to (a) distribute Educational Programs to any third party, (b) permit any third party to use or access Educational Programs, (c) lend Educational Programs to any third party, (d) make Educational Programs available over a network where they could be used by multiple computers at the same time, (e) display or broadcast Educational Programs for any third party, (f) otherwise make Educational Programs available or accessible to any third party by any means, or (g) make commercial use of the Educational Program that is competitive with Inquisit.
11. Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information.
12. Security. Information (such as registration and payment information) transmitted on the Internet and/or stored on systems connected to the Internet is not 100% secure. As a result, we cannot ensure, warrant or guarantee the security or integrity of such information.
13. Account and Password. In order to register to use the Site, you must, among other things, (a) provide your e-mail address to be used as your user name, and (b) select a password. Once you have done so, you will be considered a Registered User and will be issued a website account to use the Site. Accordingly, you agree to protect your website account by, among other things, keeping your password confidential. You agree to (a) immediately notify Inquisit of any unauthorized use of your password or website account or any other breach of security, and (b) ensure that you exit from your website account at the end of each session. Inquisit cannot and will not be liable for any loss or damage arising from your failure to comply with this section. If you allow another party to use your website account, you will be responsible for all use by the party using your account.
14. Fees and Payment.
14.1. Fees. Each Educational Program available for purchase and/or registration on the Site has a List Price posted on the Site. By purchasing and/or registering for an Educational Program, you agree that the List Price will be paid in full by you or your employer. If your employer does not pay for the Educational Program, you agree to pay all amounts due immediately upon demand.
14.2. Payment Method. All amounts due must be made by (1) a credit card designated by you, or (2) corporate or personal check. If you pay by credit card, you agree that Inquisit is authorized to charge your designated card for your purchase. If Inquisit does not receive payment from the applicable card issuer or its agents, you agree to pay all amounts due immediately upon demand. If you select to pay by check, payment is due within thirty (30) days of your registration for the applicable Educational Program. If you or your employer have established an account in order to pay for Educational Programs, we will invoice you or your employer, as applicable, for the amount due. All payments are due within thirty (30) days of the invoice date.
15. Cancellation and/or Modification of Educational Programs. Inquisit may (a) change the presenter(s) for any Educational Program, and/or (b) reschedule or cancel any Educational Program, in each of (a) and (b) above, at any time for any reason (or for no reason) and without notice or liability.
15.1. Rescheduled Educational Programs. If Inquisit reschedules any Educational Program for which you have registered, you may (a) elect to participate in the rescheduled Educational Program, (b) request (and Inquisit will issue) a full refund of the amount paid to us for such Educational Program, or (c) apply the amount paid for the Educational Program to the purchase of or registration for another Educational Program.
15.2. Educational Programs Cancelled by Inquisit. If Inquisit cancels any Educational Program for which you have registered, you may (a) request (and Inquisit will issue) a full refund of the amount paid to us for such Educational Program, (b) substitute the Educational program with a different Educational Program with the same or lesser List Price, or (c) apply the amount paid for the Educational Program to the purchase of or registration for another Educational Program.
16. Cancellation by Registered User.
16.1. Cancellation Due to Hardship. If you cancel your registration for any live Educational Program due to illness, a family emergency or a crisis at your employer organization, you may (a) request (and Inquisit will issue) a full refund of the amount paid, (b) substitute the Educational program with a different Educational Program with the same or lesser List Price, or (c) apply the amount paid toward the purchase of or registration for another Educational Program.
16.2. Cancellation For Other Reasons. This Section 17.2 applies if you cancel your registration for any Educational Program for any reason other than those set forth in Section 17.1 above. If you cancel your registration for any live Educational Program two weeks or more prior to the date of the Educational Program, you may (a) request (and Inquisit will issue) a refund of the amount you paid to us for that Educational Program, less a twenty (20) percent service charge, (b) substitute the Educational program with a different Educational Program with the same or lesser List Price, or (c) apply the amount paid toward the purchase of or registration for another Educational Program. If you cancel your registration for any live Educational Program less than two weeks prior to the date of the Educational Program, we will not issue a refund and you agree to pay all amounts due; provided, however, that you may substitute the Educational Program with a different Educational Program with the same or lesser List Price or apply the amount paid toward the purchase of another Educational Program.
17. Termination/Suspension of Services.
17.1. Your Duties Upon Termination/Suspension. We may, in our sole discretion, terminate or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.
17.2. Refunds. If we terminate your use of the Site on grounds that you have violated the Terms of Use, you will not be entitled to a refund of the payments that you have made to Inquisit, if any. If we terminate your use of the Site for any other reason, and such termination prevents you from accessing, viewing and/or downloading any Educational Program that you have purchased but not yet accessed, viewed or downloaded, we will issue a refund of the amount paid for such Educational Program.
18. Grievances. Inquisit provides participants with a means to voice grievances and seek resolution of problems related to Educational Programs. Please submit any grievances related to Educational Programs in writing to info@inquisit.org or directly to Inquisit’s CE Administrator. The CE Administrator will attempt to resolve the grievance informally, and Inquisit will inform you of its decision. If you are not satisfied with the initial disposition, you may present your case to the Vice President of Inquisit. All decisions by the Vice President are final.
19. Legal Disclaimer. The Site is intended for educational purposes only, and is not a clinical or medical service. Inquisit does not verify the content of any Educational Programs.
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