ARC Resource Library – Terms & Conditions

Effective Date:  30th  day of November, 2023

PLEASE READ THIS DOCUMENT CAREFULLY

1. INTRODUCTION

These terms and conditions (the “Terms & Conditions”) govern the use of the Accreditation Regulatory Companion, aka ARC (the “Site”).  This Site is owned and operated by SAYAS Alliance Inc, dba Courtemanche & Associates (C&A) as a resource repository to its members.  Throughout the Site, the terms “we”, “us”, and “our” refer to C&A,  and ‘you”, “your”, “yours” refers to the User.

By using this Site, you indicate that you have read and understand these Terms & Conditions and agree to abide by them at all times.

2. CODE OF CONDUCT / REGISTRATION OBLIGATIONS

As a user of our Site, you agree to use our Site legally, and within the parameters as intended.  If we believe you are using our Site illegally or in a manner that violates these Terms & Conditions, we reserve the right to limit, suspend or terminate your access to our Site.  We also reserve the right to take any legal steps necessary to prevent you from accessing our Site, or for any damages incurred, directly or indirectly from inappropriate activity.

  1. No Illegal Activity
  2. No Fraudulent Activity
  3. No Bad Code
  4. No Data Mining or Bots
  5. No Use Other Than Intended

3. USE OF SITE CONTENTS

Subject to your compliance with these Terms & Conditions, we grant to you limited, revocable permission to one (1) single login per organization (Access). This Access shall remain in effect unless and until terminated by you, by request or non-renewal, or by C&A.

You agree not to reproduce, duplicate, or copy for redistribution, transfer, sell, resell or exploit any portion of the resources made available to the user through this Site, beyond the authorized Access.

4. SERVICE LIMITATIONS & MODIFICATIONS

We use reasonable efforts to keep the Site operational and to provide you with ease of access. However, the offerings and the availability may change from time to time; for example:

  • The Site may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant regulatory requirements.
  • We aim to evolve and improve the Site, and may modify, suspend or remove portions, or even all resources on the Site.
  • C&A has no obligation to provide any specific content through the Site and may remove content or resources at any time, in our exclusive determination.
  • If you have prepaid for access and the Site is permanently discontinued prior to the end of the pre-paid period, C&A will provide a one-time temporary alternate access to the published content as of the date of permanent termination.
  • C&A has no liability to you, or any obligation to provide a refund in connection with internet or other service outages, or failures resultant of action of government, authorities, other third parties, or events beyond our control, or the users failure to access within the timeframe of the subscription.

5. PAYMENTS, PRICES, TAXES, RENEWAL

Prices

  • Prices for our products are subject to periodic change without notice.
  • Purchase price includes one (1) user login for the primary subscriber.
  • Sales Tax is calculated based on the location of C&A’s principal address.
  • Not-for-profit organizations are responsible for providing accurate proof of tax exemption. In the event documentation is inaccurate, or otherwise falsified, C&A will immediately terminate user access to the Site.

Payments & Billing

  1. Purchase of a 1 year user Access is for the 12 month period from the date payment is received.
  2. Access will be activated once payment is received and cleared for orders submitted with a request for invoice or through contractual agreement.
  3. Payment may be made in two (2) forms:
    • Payment by organizational check
    • Payment by Credit Card via Stripe
  4. We reserve the right to refuse any order placed with us. We reserve the right in our sole discretion, to limit or cancel orders placed that have questionable destination or use.  In the event and order is cancelled we may attempt to notify you by contacting the e-mail and/ or billing address/phone number provided at the time the order was made.

Chargebacks & Returned Payment

    1. Users may be charged a fee for any chargeback on credit card, debit card, or Stripe transaction.
    2. A $40 fee will be assessed on any check payments that are returned as unpaid.

Renewal

    1. Notice for renewal –
      • Your on-line subscription will automatically renew unless changed by the user.
      • Notice for automatic renewal will be sent to user’s email on file, 14 days, 7 days, 1 day prior to renewal order being processed.
    2. Charges for renewal
      • The annual subscription price will be charged to the credit card on file. In the even the card on file has expired, subscription access will be terminated at the renewal date.
      • User subscriptions paid by invoice and check payment will receive notification of pending renewal. Access will terminate if payment is not received by the term date and will continue when payment is received in full.

Cancellation

We reserve the right, at any time, to modify or discontinue the resources (in part or in entirety) available on the Site without prior notice.

6. THIRD PARTY SITES OR RESOURCES

The Site may contain third-party tools, resources and information, over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such resources “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party resources.  Use of any of the third-party resources on this Site are at your own risk.

Certain content, products, tools, resources available on our Site may include materials from third-parties.  Third-party links on this Site may direct you to websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

7. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS

We cannot warrant that all information available on this Site is current at all times. Regulatory Information changes as healthcare expectations and requirements change. Documents are reviewed from time to time for updates, changes, and refinement. Each document, tool and resource is current as of the date noted within the footer of each document. Reliance on the material on this Site is at your own risk.

8. LIMITATION OF LIABILITY

C&A and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses, including legal fees from your use of the Site.

9. PRIVACY POLICY – Access here

10. INTELLECTUAL PROPERTY

With the exception of external links to third-party sources, content published and made available on our Site is the property of C&A and the Site’s creators. This includes, but is not limited to images, text, logo, documents.

11. FITNESS FOR USE

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information without notice to users.

12. GENERAL TERMS

Term of Agreement

The term of this Agreement (Term) is for 364 days from the date of subscription purchase payment made in full.

Indemnification

Except where prohibited by law, by using this Site you indemnify and hold harmless C&A and our directors, officers, agents, employees, subsidiaries and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms & Conditions.

Governing Law

The Terms & Conditions are governed by the laws of the United States, State of Texas.

Changes

These Terms & Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site.  We will notify users of these changes to the Terms & Conditions by way of a post on our Site. It is your responsibility to check this page periodically for changes.  Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Entire Agreement

These Terms & Conditions and any policies or operating rules posted to this Site constitutes the entire agreement and understanding between C&A and the user and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals.     Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against C&A.

Severability

If at any time any of the provisions set forth in these Terms & Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms & Conditions.  All other provisions will not be affected by the removal and the rest of the Terms & Conditions will still be considered valid.

13. CONTACT INFORMATION

Please contact us if you have questions or concerns.  Our contact information is:

Courtemanche & Associates
PO Box 23659
Charlotte, NC  28227
info@courtemanche-assocs.com

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