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National Quality Forum

Terms of Use For The Quality Positioning System™ (QPS™)
Version dated 9/12/2011

1. Acceptance of Terms of Use: 

   1. By using or visiting the Quality Positioning System (“QPS”) on the NQF website, you agree to the National Quality Forum Terms of Use for the Quality Positioning System (QPS) (the “QPS Terms of Use”).  NQF’s Privacy Policy and Terms of Use for NQF’s website (collectively, the “NQF Terms of Use”) also apply to your use of QPS.  To the extent there is a conflict between the QPS Terms of Use and the NQF Terms of Use, or the NQF Terms of Use are silent on a topic covered by the QPS Terms of Use, the QPS Terms of Use will control.  The QPS Terms of Use, together with the NQF Terms of Use, form a legally binding agreement between you and NQF in relation to your use of QPS.  Collectively, this legal agreement is referred to as the “Terms of Use.”
   2. Users who are not NQF account holders will be prompted to agree to the Terms of Use upon each use of QPS.  NQF account holders accept the Terms of Use upon first use of QPS and that acceptance applies to every use of QPS by the account holder.

2. Modifications to the Terms of Use:

   The National Quality Forum (“NQF”) may change the QPS Terms of Use or the NQF Terms of Use from time to time.  NQF will make a new copy of the QPS Terms of Use available on entry to QPS.  Versions of the QPS Terms of Use will be dated so that users will be able to tell if the QPS Terms of Use have changed since the user last accessed QPS.  In addition, NQF will alert users to changes in the NQF Terms of Use.  All users understand and agree that NQF will treat use of QPS after the date on which the Terms of Use changed as acceptance of the revised Terms of Use. 

3. NQF Accounts: 

   In order to access some features of QPS, such as portfolio creation, you must create an NQF website account.  You are solely responsible for the activity that occurs on your account and for keeping your password secure.  You must notify NQF immediately of any breach of security or unauthorized use of your account by contacting info@qualityforum.org.

4. Use of the Quality Positioning System: 

   1. QPS consists of software that is designed to allow you to access health care quality measures and related information.
   2. You agree that you will not engage in any activity that interferes with or disrupts QPS.
   3. You agree that you will not reproduce, duplicate, copy, sell, trade, or resell QPS, in whole or in part, for any purpose.  You may not and you may not permit anyone else to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of QPS or any part thereof.
   4. You agree not to access or attempt to access QPS by any means other than through the interface that is provided by NQF, unless you have been specifically allowed to do so in a separate agreement with NQF.  You specifically agree not to access or attempt to access QPS through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present in QPS.

5. Use of Content:

   1. Information in QPS is compiled and published by the National Quality Forum (“NQF”) as a reference for information regarding health care quality measures endorsed by NQF.  QPS users also have the ability to create content, such as measure portfolios (collectively, “User-Generated Content”), which may be shared with other QPS users. 
   2. Measures and related information (collectively, the “Measures Content”) may only be used for non-commercial implementation and/or reporting of performance data.  Measures Content regarding a specific measure may be protected by intellectual property rights which are owned by a Measure Steward that provides the Measures Content to NQF.  You may not modify, rent, lease, loan, sell, distribute or create derivative works based on that specific Measures Content, in whole or in part, unless the Measure Steward associated with that Measures Content has specifically given you permission to do so.  You should contact the appropriate Measure Steward if you wish to use the specific Measures Content for a purpose other than non-commercial implementation and/or reporting of performance data. Measures Content does not include User-Generated Content and User-Generated Content does not include Measures Content.  “Measures Content” and “User-Generated Content” constitute “Content,” collectively.
   3. Content may include hyperlinks to other web sites or resources.   NQF has no control over, or responsibility for, third party websites or the information contained in those websites.
   4. Unless you have agreed otherwise in writing with NQF, nothing in the Terms of Use gives you the right to use any of NQF’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, with the exception of the term “NQF-endorsed®” where applicable to measures.
   5. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Content.  Such proprietary rights notices may be affixed to the Content by NQF or by the Measure Steward.
   6. Users may create User-Generated Content that references NQF-endorsed® measures, including but not limited to portfolios.  Other users may have the ability to access, comment on and/or copy the User-Generated Content involving endorsed measures.  The inclusion of or reference to an endorsed measure in User-Generated Content does not alter the Terms of Use related to the measure itself.
   7. Users retain copyright and any other rights already held in User-Generated Content which submitted, posted, or displayed on or through QPS.  By submitting, posting or displaying User-Generated Content, you give NQF a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly display and distribute any User-Generated Content which you submit, post, or display on or through QPS.  This license is for the sole purpose of enabling NQF to display, distribute and promote QPS.

6. Privacy: 

   NQF reserves the right to monitor the use of QPS for:  compliance with the Terms of Use; analysis of the traffic on our website; market research; and improvement of site utility.  NQF reserves the right to monitor User-Generated Content submitted, posted, or displayed on or through QPS and to delete such User-Generated Content in its sole discretion.  QPS users should note that the system allows users to “publish” information in a variety of ways that can be viewed by other QPS users.  See the NQF Privacy Policy for further information at http://www.qualityforum.org/About_NQF/Privacy_Policy.aspx.

7. Disclaimer of Warranties and Liabilities: 

   1. You expressly agree that your use of QPS is at your sole risk and that QPS is provided “as is” and “as available.” 
   2. NQF makes no representations or express or implied warranties of any nature with respect to QPS or the Content, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. NQF makes reasonable efforts to keep the Content as current as the information provided by a given measure steward in the last endorsement cycle or measure update.  In particular, NQF does not represent or warrant that:
      1. Your use of QPS or the Content will meet your requirements;
      2. Your use of QPS will be uninterrupted, timely, secure or free from error;
      3. Content obtained by you as a result of using QPS will be accurate or reliable; or
      4. Defects in the operation or functionality of QPS will be corrected.
   3. NQF is not liable for any direct, indirect, incidental, special, consequential or exemplary damages incurred by you under any theory of liability as a result of using QPS or the Content, including but not limited to, loss or damage related to the:
      1. Accuracy and reliability of the Content;
      2. Application or outcomes of measures or Content, including decisions made or actions taken as a result;
      3. Accuracy or efficacy of measure portfolios; or
      4. Deletion of, corruption of, or failure to store, measure portfolios or comments.

8. General:

   1. The Terms of Use constitute the entire legal agreement between you and NQF regarding your use of QPS and the Content.
   2. You agree that NQF may provide you with notices, including those regarding changes to the Terms of Use, by email or postings on the NQF web site.
   3. You agree that NQF’s failure to exercise a right or pursue enforcement under the Terms of Use does not constitute a waiver of NQF’s rights.
   4. To the extent that any court of law deems any provision of the Terms of Use invalid, that provision will be deleted from the Terms of Use, but the balance of the Terms of Use will be given full force and effect.
   5. The Terms of Use are governed by the laws of the District of Columbia without regard to conflict of laws provisions.  You and NQF agree to submit to the exclusive jurisdiction of courts located in the District of Columbia should a dispute reach the level of a court proceeding.