By creating an account on the Credentialing USA, Inc. website for use of the credentialing tools (the “Service”), you are agreeing to be bound by these Terms and Conditions. Credentialing USA has the right to refuse service to anyone for any reason at any time.
The Service allows you to enter and store credentialing data and to efficiently complete related tasks through an account accessed via internet connection from your computer. The Service is for use by professionals and businesses. Certain elements of the Service are proprietary technology of Credentialing USA. Use of the Service does not provide you access to or rights in any of the proprietary information, software or know how belonging to Credentialing USA.
Your Representations and Obligations
When you use the Service, you make the following representations and agreements:
- The account is for a human being and will not be used by a “bot” or automated user.
- The account is for just one professional. Multiple professionals may not share a login.
- You provided complete and correct information for your account, including your full legal name, a valid email address, a valid credit card and any other information requested.
- The person providing the account information is authorized to purchase services and to make charges to the credit card for that purpose.
- You must check the accuracy of your data and the activity completed using the Service.
- You may provide people who work with you access to your account. However, you are responsible to protect your account and prevent unauthorized use of your password.
- You are responsible for any activity using your password, whether or not authorized.
- Your use of the Service, including all of your content and transactions, will comply with these Terms and Conditions and all applicable laws, rules and regulations.
- You will pay Credentialing USA all fees and associated taxes for the use of the Service.
- You will reimburse Credentialing USA for any and all liabilities, damages, or expenses either of Credentialing USA or asserted by a third party (including interest, attorneys’ fees and other legal costs) that result from your breach of these Terms and Conditions.
Violation of these representations and agreements will result in the termination of your account.
Pricing and Payment
You must establish an account and make an initial payment to have access to the Service. The price for the Service depends on the payment intervals you see attachment 1. The price of the Service is subject to change upon 30 days’ notice. Notice of a price change may be provided at any time by posting the change to the Credentialing USA website.
You will be charged a set up fee (the “Set Up Fee”) during the initial activation of your account. At that time you will be asked to select your preferred intervals, either monthly or annually, for the ongoing installment fees necessary to maintain your account (the “Ongoing Fees”).
The SetUp and Ongoing Fees do not include sales or other applicable state or local taxes. You are responsible for all applicable sales and other taxes. Sales and other taxes may be charged to your credit card with your Fees or at the time Credentialing USA becomes aware of the need to collect such sales or other taxes.
If your account is not canceled (as provided below) the Ongoing Fee will be charged to your credit card for use of the Service until cancellation or termination. All Set Up and On-Going Fees and taxes are non-refundable. There are no refunds or credits for a partial period’s use of the Service or for periods when the Service was not used but the account was not cancelled. In the interest of fairness, no exceptions will be made to this policy.
To terminate the Service and stop future Ongoing Fee charges, you must cancel your account. You may cancel your account by logging into your account at Credentialing USA website, clicking on the billing link, click onto the manage billing, and click the cancellation button. An email or phone request does not cancel your account. Your cancellation takes effect immediately and you’ll not be charged again. If your account has been closed for more than six months, Credentialing USA will archive all data for two years. To retain your data from the archives and reopen your account a $199 fee will apply. However, Credentialing USA has no obligation to retain your information beyond the two years and may delete any or all of your account information without liability. Credentialing USA may retain certain data contributed by you if Credentialing USA believes it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. You must move all data and information that you wish to retain to another location prior to the cancellation.
Credentialing USA has the right terminate your account for any reason at any time. If your account is terminated, it will be deactivated, and you will not have access to it. You will have no right to move any data or information from your account following termination by Credentialing USA.
Warranties and Limitation of Liability
Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” CREDENTIALING USA EXPRESSLY DISCLAIMS ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CREDENTIALING USA DOES NOT AND CANNOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR OR VIRUS-FREE OR THAT THE RESULTS FROM USE OF THE SERVICE WILL BE ACCURATE.
You understand that Credentialing USA uses third party vendors and hosting partners to provide the hardware, software, networking, and related technology to run the Service. Information processed and transmitted through the Service, including your data, may be (a) sent over various networks unencrypted; and/or (b) changed to work with the requirements of the connecting networks or devices.
By storing information using the Service, you waive all claims you may have at that time or in the future related to loss of control of your personal information, name or likeness. In no event will Credentialing USA or any contributor to the Service be liable for any of the following (whether under contract, warranty, negligence, strict liability or other legal theory):
- any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Credentialing USA has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy), resulting from: (i) the use or inability to use the Service; (ii) the cost of procurement of substitute services related to any transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmission or data; (iv) statements or conduct of any third party on the Service; (v) termination of your account; or (vi) any other matter relating to the Service or this Terms and Conditions (recognizing that some States do not allow the limitation of incidental or consequential damages);
- attorneys’ or expert fees incurred by you with respect to any legal action or claim arising out of the use of the Service or these Terms and Conditions;
- damages resulting from your negligent acts and omissions or willful misconduct, including failure check the accuracy of data or activity completed using the Service;
- damages resulting from unauthorized use of your account;
- damages due to acts beyond Credentialing USA’s control including, without limitation, government act, legal restraint, equipment failure, power surge, transmission interruption, war, terrorist act, civil disturbance, labor dispute, emergency or natural disaster;
- damages arising out of or related to the use, installation or maintenance of any equipment, software, browser, or technical failure, including interruption of availability of the Credentialing USA website or delayed or garbled transmission;
- damages from a virus, worm, software lock, drop dead device, trap door, back door, time bomb or similar harmful program that may enter your computer while using the Service.
Credentialing USA’s total liability to you for all damages will not exceed the amount of Fees you paid to Credentialing USA for use of the Service.
Credentialing USA claims no ownership or rights in data you provide to the Service. Your account and information uploaded remain yours. Credentialing USA does not pre-screen content. Credentialing USA may, but has no obligation to, remove content and accounts containing content that Credentialing USA determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, or otherwise violates another party’s rights or these Terms and Conditions.
Changes to the Service or the Terms and Conditions
Credentialing USA may change, modify suspend or discontinue, temporarily or permanently any part of the Service at any time with or without notice to you. Credentialing USA will not be liable to you or to any third party for any change, modification, suspension or discontinuance of the Service. Updates to the Service, including new tools or improvements, are subject to these Terms and Conditions. Use of the Service after any changes represents your consent to the changes.
Credentialing USA may update, change or modify these Terms and Conditions at any time with or without notice to you. You can review the most current version of the Terms and Conditions at any time at: http://www.credentialingusa.com/terms-and-conditions.html.
You agree not to engage in any of the following activities in connection with your account:
- modifying, adapting or hacking the Service or modifying another website to falsely imply that it is associated with the Service or Credentialing USA;
- reverse engineering, dissembling, decompiling, reproducing or copying any Credentialing USA proprietary technology associated with the Service;
- reselling, copying or allowing third parties access to use the proprietary portions of the Service without the express written permission by Credentialing USA;
- copying or reusing any portion of the proprietary visual design elements without express written permission from Credentialing USA;
- spamming, mail bombing, spoofing, pharming, phishing or other fraudulent or harmful use of the Service;
- transmitting any virus, worm, software lock, drop dead device, trap door, back door, time bomb or similar harmful program.
Any unauthorized conduct will result in termination of your account.
- As used in these Terms and Conditions, “Credentialing USA” means the company, its officers, directors, shareholders, employees and agents and “you” means your business, its officers, employees, owners, agents and includes any person who has your password.
- Technical support is available only to account holders who have timely paid their Ongoing Fees. Technical support is available by emailing email@example.com, calling (605) 214-1401, or mailing CUSA, PO Box 173, Alcester, SD 57001.
- Credentialing USA has the right to suspend your account at any time for any reason. If your account is suspended, it will be deactivated, and you will not have access to it until the reason for the suspension is resolved to the satisfaction of Credentialing USA in its sole discretion.
- The failure of Credentialing USA to enforce any right under these Terms and Conditions will not constitute a waiver of such right or term.
- These Terms and Conditions are governed by and must be interpreted according to the laws of the State of South Dakota, without regard to conflicts of laws principles.
- You agree that any legal action arising from or related to the Terms and Conditions or the use or inability to use the Service will be brought only in the state or federal courts located in Sioux Falls, Minnehaha County, South Dakota.
- Questions about these Terms and Conditions can be emailed to firstname.lastname@example.org or mailed to CUSA, PO Box 173, Alcester, SD 57001-0173.