Welcome to the National Committee for Quality Assurance (NCQA) Store at http://store.ncqa.org (the “NCQA Store” or “Website”). The NCQA Store is a website operated by the National Committee for Quality Assurance (“NCQA,” “We,” “Us,” “Our”), located at 1100 13th Street, NW, Third Floor, Washington, DC 20005.
BY USING THE NCQA STORE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Terms Related to Use of the NCQA Store
1. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the NCQA Store and Products are for your personal and non-commercial use. You may not commercially distribute, publish, license, or sell any information or services obtained from the NCQA Store.
2. WEBSITE OWNERSHIP
Elements of the Website are protected by trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the NCQA Store may be copied, retransmitted or made available unless expressly permitted by NCQA or applicable law.
3. ACCOUNT, PASSWORD, AND SECURITY
If the NCQA Store requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account. You agree to notify NCQA without delay of any unauthorized use of your account or any other breach of security.
Your privacy is important to us. We use certain information that we collect from you to operate and provide the NCQA Store. Additionally, we may also automatically upload information about your machine and your use of the NCQA Store.
If you do not wish to use "cookies" you may disable this option in your Internet browser settings. "Cookies" can be removed from your computer.
However, cookies are necessary for secure login to the NCQA Store. You may browse the NCQA Store without cookies. But to make a purchase, you must create a profile and log in, which requires cookies to be enabled. If cookies are disabled, you will be unable to log in and purchase a Product. If you wish to make a purchase, but cannot or do not want to enable cookies, then please call NCQA Customer Support at (888) 275-7585 (M-F 8:30 - 5:00 ET) to make a purchase over the phone.
5. ERRORS ON SITE
We work hard to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Website at any time, including to Product prices, specifications and availability.
6. LIMITATION ON USE BY MINORS
You must have reached the age of majority in your province/state of residence to purchase Products from the NCQA Store.
Products and License Terms
1. LICENSE TO PRODUCTS
Products are licensed (not sold) in the NCQA Store (the “License”). “Licensee” means only the individual or legal entity whose authorized acceptance appears below as evidence of agreement to the separate Product License terms as noted below. Products are licensed for the number of Licensed Users for which a Licensee has paid the applicable fee. “Licensed Users” means the individuals who shall be eligible to access and use the Product on behalf of a Licensee. A Licensed User must be using the Product under the License and solely on behalf of the Licensee.
The License grants the Licensee and its Licensed Users the right to access and use the Products. The License is not transferable from Licensee to any other person, entity, organization or association. Except for authorized Licensed Users, each person, entity, organization or association is required to separately purchase a license to obtain and access the Product.
2. SEPARATE PRODUCT LICENSE TERMS
3. PRODUCT OWNERSHIP
The NCQA Store Products are protected by applicable United States and foreign laws and treaties, including copyright laws and treaty provisions. NCQA or its licensors own all rights, title and interests in the Products, including trade secrets, patents, copyrights and database rights, and the Products shall remain the sole and exclusive property of NCQA. Except as provided, Licensee has no, and is not granted, any right, title, interest or other license in the Products.
EXCEPT AS DESCRIBED IN A SEPARATE PRODUCT LICENSE, NCQA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO PRODUCTS SOLD IN THE NCQA STORE. PRODUCTS ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NCQA AND ITS DIRECTORS, OFFICERS, LICENSORS, SUBCONTRACTORS AND AGENTS (“NCQA PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PRODUCT, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. USE OF THE PRODUCT IS ENTIRELY AT LICENSEE’S OWN RISK AND NCQA AND EACH OF NCQA PARTIES SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR.
5. RETURNS AND EXCHANGES
For hard copy order returns or exchanges, a processing fee of 15% of the total returned items will be charged. Once purchased, electronic publications and web-based publications are non-refundable. For more information on returns and exchanges, please consult the Shipping & Returns page.
General Legal Terms
1. LIMITATION OF LIABILITY
THE LIABILITY OF NCQA ARISING UNDER THIS AGREEMENT WHETHER IN CONTRACT, TORT, OR OTHERWISE SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES. NCQA SHALL NOT HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES ARISING UNDER OR RELATED TO THIS AGREEMENT, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We may assign, transfer or otherwise dispose our rights and obligations under this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or transfer any rights under it.
Any breach of this Agreement will cause irreparable harm to NCQA and shall entitle NCQA to injunctive relief and all legal and equitable remedies available to NCQA, including, but not limited to recovery of reasonable attorney’s fees.
4. GOVERNING LAW AND GENERAL PROVISIONS
This Agreement will be governed by the laws of the District of Columbia, excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the remainder of the Agreement, which shall remain valid and enforceable according to its terms. The words "and" as well as "or" shall be interchangeable to provide the broadest interpretation, and the word "including" shall mean "including without limitation" and "including but not limited to" to provide the broadest interpretation. The headings contained in this Agreement are for reference only and shall not affect the meaning or interpretation of this Agreement. NCQA's failure to exercise or enforce any right or power under this Agreement shall not constitute a waiver of such right or power.
5. CONTACT AND NOTICES
Should Licensee have any questions about this Agreement or the Product please call NCQA at (202) 955-3500. All notices to be given under this Agreement to NCQA shall be submitted to NCQA at 1100 13th Street, N.W., Washington, D.C. 20005, Attention: Customer Support. All notices to be given under this Agreement to Licensee shall be submitted by NCQA via email at the account Licensee provided to NCQA.
6. COPYRIGHT NOTICE
All contents of the Website are Copyright ©2018 National Committee for Quality Assurance. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the Website. Microsoft and the names, logos, and icons of NCQA Products may be either trademarks or registered trademarks of NCQA.