AAAASF TERMS OF USE

 

IMPORTANT NOTICE FOR RESIDENTS IN NORTH AMERICA ONLY: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION
AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

 

Effective Date:  May 4, 2020

This Terms of Use (“Agreement” or “Terms”) is a contract between you and the American Association for Accreditation of Ambulatory Surgery Facilities (“AAAASF,” “we”, “us” or “our”), governing your use of our website at https://aaaasf.org (the “Site”), any mobile applications (“Apps”) we control, or any other websites, pages, features, or content owned and operated by us (collectively, including the Site and Apps, the “Services”).

By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading our Apps, registering an account, or contributing content or other materials to the Services, you expressly understand, acknowledge and agree to be bound by the Terms of Use. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms of Use.

In addition, you may read our Privacy Policy at https://www.aaaasf.org/privacy-policy/ any time for more information about how AAAASF collects, stores, and protects your information when you use the Services.  Our Privacy Policy is hereby incorporated by reference into these Terms of Use as though fully set forth herein.

Please read the Terms of Use and Privacy Policy carefully and save them.  If you do not agree with the Terms of Use and the Privacy Policy, you should leave the Services and discontinue use of the Services immediately.

Contents

  1. CHANGES TO THIS AGREEMENT
  2. ACCESSING THE SERVICES AND ACCOUNT SECURITY
  3. PROHIBITED USES
  4. MOBILE SERVICES
  5. COMMUNICATIONS
  6. TERMINATION; SURVIVAL
  7. THIRD PARTY SITES AND PUBLIC FORUMS
  8. ASSIGNMENT
  9. INTELLECTUAL PROPERTY RIGHTS
  10. ENTIRE AGREEMENT; NO WAIVER
  11. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES AND CANADA
  12. GOVERNING LAW
  13. INDEMNIFICATION
  14. LIMITATION OF LIABILITY
  15. INTERPRETATION
  16. CONTACT US

 

  1. CHANGES TO THIS AGREEMENT

We reserve the right to modify the Terms of Use, including the Privacy Policy, at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Services, or other manner.

Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.

If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Services, or discontinue any use of the Services immediately.

  1. ACCESSING THE SERVICES AND ACCOUNT SECURITY

To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.

By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms of Use and your use of the Services.

From time to time, we may restrict access to some or all parts of the Services, including the ability to upload documents or data, make payments, send messages, or access compliance information.

In order to access some services available on the Site, Apps, or other Services you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any suspected breach of security or unauthorized use of your account.

  1. PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with the Terms of Use.

You agree not to use the Services:

  • For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability;
  • To submit false reports or evaluations of medical facilities, staff, or other survey findings,
  • To submit false clinical data reports, delete valid reports, or otherwise misrepresent facility patient safety data;
  • To submit false or misleading credentials or records about the facility or any of its staff;

Additionally, you agree not to:

  • Use the Services for any commercial purpose;
  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or any other party’s use of the Services;
  • Use any robot, spider or other automated device, process, or means to access the Service for any purpose;
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
  • Otherwise attempt to interfere with the proper working of the Service.
  1. MOBILE SERVICES

Some of the Services may be available via your mobile phone, including but not limited to (i) the ability to communicate with AAAASF, (ii) the ability to browse the Services from your mobile phone, and (iii) the ability to access certain AAAASF features through the Apps you have downloaded and installed on your mobile phone (collectively the “Mobile Services”).  We do not charge for the Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices in all jurisdictions. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, it any, may be applicable to your use of such Mobile Services.

  1. COMMUNICATIONS

You consent to receive communications from us by email in accordance with this Agreement, our Privacy Policy, and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

In addition, AAAASF is not obligated to send follow-up or reminder written communications, and it remains your responsibility to ensure that we have a valid and current email address on file for you, which you regularly check for critical communications including those related to facility accreditation status.

You agree that we may communicate with you regarding AAAASF and the Services by email, SMS, MMS, text message or other electronic means to your mobile device.

As described in our Privacy Policy, if you do not wish to receive non-transaction or security-related communications from us, you may opt-out by clicking the “unsubscribe” link in the communication or by contacting us as specified in the “Contact Us” section, below.

  1. TERMINATION; SURVIVAL

We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe you have breached the Terms of Use. You may terminate your account at any time, for any reason, by following any such instructions within the Services, or by contacting us as described in the “Contact Us” section below.

The following provisions will survive termination of this Agreement: (1) Termination; Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Legal Disputes and Arbitration Agreement for Users in the United States and Canada; (5) Governing Law; (6) Indemnity; (7) Limitation of Liability.

  1. THIRD PARTY SITES AND PUBLIC FORUMS

Our Services may contain links to third-party sites that are not owned or controlled by us.

We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services.  We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

Our Services may include a community environment or forum for individuals to discuss topics of their choosing.  Unless a commenter or poster is identified as an official AAAASF moderator or has an officially verified AAAASF account, AAAASF has no responsibility the content, advice, transmissions, or other communications made within such a forum.

  1. ASSIGNMENT

You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

  1. INTELLECTUAL PROPERTY RIGHTS

The content on the Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features, downloadable files, multimedia, our standards, forms, and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to AAAASF, subject to copyright and other intellectual property rights under the law.

Content on the Services is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  We reserve all rights not expressly granted in and to the Content.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services, provided by you to us are non-confidential and shall become the sole property of AAAASF.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.  You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

“AAAASF,” and the AAAASF logo/icon and other graphics, logos, wordmarks, and designs are trademarks of AAAASF in the U.S. and/or other countries for which applications are pending.  AAAASF’s trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AAAASF.

  1. ENTIRE AGREEMENT; NO WAIVER

The Terms of Use, together with our Privacy Policy, and any other legal notices published on the Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services.  If any provision of the Terms of Use is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

  1. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES AND CANADA

Please Read the Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

Initial Dispute Resolution.  We are available by email at [email protected] to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Agreement to Binding Arbitration.  If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration.  All claims arising out of or relating to the Terms of Use (including their formation, performance and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions.  Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures.  The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms of Use, including, but not limited to, any claim that all or any part of the Terms of Use is void or voidable.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms of Use shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures.  If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost.  If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS.  We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial.  You and we further understand that the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver.  You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.

Exception – Small Claims Court Claims.  Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30 Day Right to Opt-Out.  You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at [email protected].  The notice must be sent within thirty (30) days of your agreement to the Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section.  If you opt-out of these arbitration provisions, we also will not be bound by them.

Exclusive Venue for Litigation.  To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree that any litigation between you and us shall be filed exclusively in state or federal courts located in Lake County, Illinois (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in Lake County, Illinois for any litigation other than small claims court actions.  In the event of litigation relating to the Terms of Use or the Services, you and we agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

  1. GOVERNING LAW

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of Illinois, USA, without giving effect to any principles of conflicts of law.

  1. INDEMNIFICATION

You agree to release, indemnify, and defend AAAASF and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “AAAASF Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

  1. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE AAAASF ENTITIES TO YOU

  • By USING THE SERVICES provided by AAAASF, you hereby acknowledge that WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AAAASF ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
  • WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
  • YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, AAAASF ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, AAAASF ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
  • YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
  • WITHOUT LIMITING THE FOREGOING, AAAASF ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
  • SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
  1. INTERPRETATION

In construing or interpreting the Terms of Use, headings are for convenience only, and not to be considered.

  1. CONTACT US

We welcome your questions, comments, and concerns about privacy or these terms. You can contact us anytime via our website located at https://www.aaaasf.org/contact-us/, or as follows:

AAAASF
7500 Grand Avenue
Suite 200
Gurnee, IL 60031

Main: 847-775-1970 or Toll Free: 888-545-5222
Fax: 847-775-1985
Email: [email protected]
Business Hours:  8 am to 4:30 pm CST, Monday through Friday