Home Health Quality Improvement

Please read these terms of use carefully before using the Home Health Quality Improvement National Campaign’s (HHQI) Live Chat service using Cover it Live.  By using this service, you signify your agreement to these terms of use.  You also agree to the terms of the Cover it Live Terms of Service that apply to readers.

“We,” “our” or “us” refers to the Home Health Quality Improvement (HHQI) National Campaign, the West Virginia Medical Institute and its affiliates, and their contractors.

No expectation of privacy.  You acknowledge that the HHQI Live Chat service is for public rather than private communications.  Any comments or other submissions you make may be viewed by others and you have no reasonable expectation of privacy.

No guarantee of security.  We cannot guarantee the security of any information you disclose or submit.   You participate at your own risk.

Licenses.  You grant to us and our agents, representatives, affiliates and contractors a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, transferable and sub-licensable license to use, reproduce, publish, display, distribute, transmit, comment on, adapt or modify any content that you submit or display, for any and all purposes, all without further notice, permission or payment to you or to any other person or entity.  You understand that we may transmit, distribute or display your content over various public networks and in various media.

Rules of conduct.  You agree to access and use the HHQI Live Chat service only for the purposes stated and as permitted under these terms of use, the Cover it Live Terms of Service, and all applicable laws and regulations.  You agree that you will not submit, transmit or display any comment or content that is:

·      Harassing, defamatory, abusive, threatening, libelous, illegal or an invasion of privacy of another person;

·      Obscene, pornographic or sexually explicit;

·      Violent, hateful, racially or otherwise bigoted, fraudulent, encouraging criminal conduct or otherwise likely to give rise to civil liability;

·      Misrepresenting your identity or affiliations, providing false information, or using another’s password, account or credit information, identity or likeness;

·      Advertising or offering to sell any products or services, or any other solicitation;

·      In violation of the rights of any third party, including but not limited to intellectual property rights, rights of privacy or confidentiality, or other proprietary or personal rights;

·      Transmitting, installing or otherwise containing a software virus, worm, Trojan horse or other harmful computer component that in any way harms, tampers or interferes with, alters, impairs, damages or affects the use or enjoyment of any person or entity of the HHQI Live Chat service, Cover it Live, or our Web sites, links, computers, servers or databases.

·      Otherwise destructive or disruptive, including but not limited to spamming, flooding, trolling and other similar activities.

We reserve the right to monitor use of the HHQI Live Chat service but have no obligation to do so.  We cannot assure that others will abide by the terms of use or not engage in inappropriate or harmful conduct.  You assume all risk of injury from other users’ conduct.

Changes or interruptions to the service.  We reserve the right, in our sole discretion and without prior notice to you, to change the HHQI Live Chat service by adding, deleting or modifying some or all features, content or components.  You understand and accept that the service may be unavailable, inoperative or disrupted due to maintenance, changes to service, or acts outside our control including but not limited to power outages, disasters, force majeure and computer hackers.  You agree to assume all risk of injury from such changes or interruptions.

Links to unrelated sites.  You agree that we are not liable for any injury that you may incur from:  (i) use of any link to an external website, service or resource made available by us or by another on the HHQI Live Chat service; or (ii) reliance by you on the content of any such Web site, service or resource.  You acknowledge and agree that we have no control over, are not responsible for and do not endorse these external sources or the content thereof.

Amendments.  We reserve the right to amend these terms of use at any time.  You should review the current terms each time you access or use the service.

Submissions.  You are solely responsible for the comments or other submissions you make on or through use of the HHQI Live Chat service and for the consequences of making such comments or submissions.  We owe you no obligation and reserve the absolute right to refuse to post, modify or remove any comment or submission made by you.

Exclusion of warranties.  The HHQI Live Chat service, our Web sites, and any linked sites, services or resources are provided “as is,” as available and without warranties of any kind.  You agree that your use of the service and related or linked sites, services and resources is at your sole risk.  We do not warrant that use of the service or the content will be free from error, secure, uninterrupted, free from viruses or other harmful components, or that defects will be corrected.  We expressly disclaim to the fullest extent permissible all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement.

Indemnification.  You agree to indemnify, defend and hold us, our affiliates, contractors, agents and representatives, and our and their respective directors, officers, employees, agents and assigns, harmless from and against any and all losses, liabilities, damages and costs (including legal fees) resulting from any claim or action arising out of any use by you of the HHQI Live Chat service, our websites, or other linked sites, services or resources, or arising out of any breach by you of these terms of use.

Limitation of liability.  Under no circumstances shall we, our affiliates, contractors, agents and representatives, or our and their respective directors, officers, employees, agents and assigns, be liable to you or to any other person or entity for any direct, indirect, incidental, special, consequential or punitive damages, however caused and by whatever theory of liability, including negligence.  This includes but is not limited to lost profits, personal injury, damage to any property, loss of goodwill or reputation, or other intangible loss.  You agree that in no event shall our total liability to you for all claims, losses and damages related to use of the HHQI Live Chat service exceed the amount paid by you, if any, or $100.00, whichever is less. 

Governing law; jurisdiction and venue.  These terms of use shall be governed by and construed in accordance with the laws of the State of West Virginia, without giving effect to its principles on conflicts of law.  You agree that any action arising out of or related to your use of the HHQI Live Chat service, our websites or these terms of use, shall be filed, and venue shall properly lie, only in state and federal courts located in Charleston, West Virginia.  You hereby submit to the personal jurisdiction of these courts for the purpose of litigating any such action.

General Provisions.  These terms of use do not confer any third party beneficiary rights.  No waiver of any provision by us shall be deemed a further or continuing waiver of this or any other provision; failure to enforce any provision shall not be deemed a waiver of that provision.  If any provision of these terms of use is found to be unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.