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Terms of Use for Data Abstractor Academy

These Terms of Use set forth the terms and conditions of an agreement (this “Agreement”) between (a) you, as an individual who has purchased a subscription to products and services available through https://www.dataabstractoracademy.com (collectively the “Services”), (b) you, on behalf of an institution or other entity that has purchased a subscription to the Services, or (c) you, as a user of the Services either (i) under a subscription purchased by you or another subscriber or (ii) in any other capacity. Purchase of a subscription to use the Services, or use of the Services by other means, constitutes your agreement with these Terms of Use. If you do not agree, or do not intend to comply, with these Terms of Use, please do not purchase a subscription to use, or use, the Services.

Scope of This Agreement

In this Agreement, “you” or “your” means any individual or entity, in one or more capacities described above, subscribing to the Services (a “Subscriber”) or using the Services (a “User”). Unless otherwise stated, “Data Abstractor Academy,” “we,” “us,” or “our” means Data Abstractor Academy.

This Agreement, along with any other written agreements that you have entered into with Data Abstractor Academy with respect to the Services and your subscription, constitutes the entire understanding between you and Data Abstractor Academy with respect to the subject matter hereof. All other prior representations, statements, and undertakings, whether oral or written, are hereby expressly superseded and canceled.

This Agreement incorporates by reference the Data Abstractor Academy Privacy Policy, which is available for your review at https://www.dataabstractoracademy.com (our “Site”). You should read and understand all of the provisions of our Privacy Policy before you become a Subscriber to, or User of, the Services.

We may amend this Agreement from time to time by posting the amended terms on our Site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our Site, and when they become effective, they will be incorporated into the Terms of Use on this page.

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO OUR SERVICES.

This Site is protected by reCAPTCHA, and the Google Privacy Policy and Terms of Service apply.

Certain Requirements

In order to subscribe to, or to use, Data Abstractor Academy Services, you must:

  • Be an individual at least 13 years of age or older, and
  • Have the power and authority to enter into binding agreements with us without restriction under applicable law or be using the Services under a subscription purchased by a Subscriber with such power and authority.

You must not subscribe to, or use, Data Abstractor Academy Services if you are doing so for the benefit of a competitor.

You must also use a Data Abstractor Academy-recommended version of an operating system, Internet browser, and any other required software to access Data Abstractor Academy content (the “Licensed Materials”) as specified in our System Requirements at our Site. Our System Requirements are updated from time to time to account for advancements in technology. Data Abstractor Academy reserves the right to discontinue support for any system or device at any time. Compensation will not be provided for your inability to use or access the Services on discontinued or unsupported systems or devices.

Finally, in accordance with current United States export restrictions, the Data Abstractor Academy software may be used by individuals and entities throughout the world except those in the following embargoed countries and regions: Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine. If you reside in one of these countries or regions, you may not purchase a subscription to, or use, the Data Abstractor Academy software.

Grant of License

In consideration of, and subject to, payment of the appropriate subscription fee for the Services to which you subscribe (if applicable), and your agreement to, and compliance with, the terms and conditions in this Agreement, Data Abstractor Academy grants to you a non-exclusive, non-sub-licensable, non-transferable license and right to use and access the Licensed Materials from multiple devices and locations with nonconcurrent log-on access. The Services are provided solely for internal use by Data Abstractor Academy, its Subscribers, or authorized entities (e.g., hospitals, staffing agencies) to assess the quality and competency of data abstractors as part of a package of qualifications when staffing abstractors for positions. In certain cases, access to the Services may be provided at no cost as an ancillary benefit within a staffing placement package to evaluate abstractor suitability for hospitals or other healthcare entities; such provision does not constitute commercial use or distribution of the Licensed Materials.

Software Use

The term “software” includes all Data Abstractor Academy products, features, applications, services, technologies, and software. The Data Abstractor Academy software is designed to work with systems that meet our System Requirements. Any attempt to use the Data Abstractor Academy software on systems that do not meet those requirements constitutes a violation of this Agreement and might result in unexpected behavior and consequences, for which Data Abstractor Academy shall not be held responsible or liable for any damages.

The Data Abstractor Academy software is designed to access your computer system’s clipboard during use. While a training module or assessment is in progress, the software may disable all clipboard functions of your computer system (including copy-paste-print and save-to-disk functions).

The Data Abstractor Academy software may monitor all processes on your computer to determine whether there are any applications that could be used (intentionally or unintentionally) to copy Data Abstractor Academy materials. Use of such applications simultaneously with the Data Abstractor Academy software may violate this Agreement. When such an application is found by Data Abstractor Academy, in its sole discretion, to be active on a User’s device, the administrator will be notified of the application name. Data Abstractor Academy will make a reasonable effort to notify the User with instructions to disable it. In addition, Data Abstractor Academy reserves the right to disable the launch of any training module or take other actions if any such application is found to be active on the User’s device. The User may not be able to switch between applications when Data Abstractor Academy software is running. You understand and acknowledge this disabled function as part of the subscription terms. Data Abstractor Academy may discontinue or reintroduce the above-mentioned functionality at any time at its sole discretion.

The content presented in the training modules and assessments serves as an educational tool only for individuals preparing for data abstraction certification exams or professional development in clinical data abstraction. The Services are intended solely for internal use to assess data abstractor quality as part of a package of qualifications when staffing abstractors for positions at hospitals or other entities. The Assessment Score is calculated by Data Abstractor Academy based on its own proprietary algorithm. The Assessment Score is not intended to predict your performance on any official certification exam offered by third-party organizations but is designed for instructional purposes to help evaluate abstractor competency and preparedness for internal staffing purposes.

Data Abstractor Academy will always keep your account and assessment performance results confidential and will not provide such information to third parties without your written consent. However, if an educational or other institution (e.g., a hospital, healthcare organization) pays for the Services or receives them as part of a staffing package and requests the performance results from Data Abstractor Academy, then that institution will have access to your results for internal evaluation purposes only.

Data Abstractor Academy software is designed to simulate data abstraction workflows reflective of clinical registry standards, such as those used by various registries. However, it is important to understand that we have no affiliation with any of these entities, including the National Cardiovascular Data Registry (NCDR®), The Society of Thoracic Surgeons (STS®), the Vascular Quality Initiative (VQI®), the Metabolic and Bariatric Surgery Accreditation and Quality Improvement Program (MBSAQIP®), the National Surgical Quality Improvement Program (NSQIP®), the Center for International Blood and Marrow Transplant Research (CIBMTR®), the United Network for Organ Sharing (UNOS®), the Trauma Quality Improvement Program (TQIP®), or the Trauma Registry. Therefore, we cannot guarantee that the Data Abstractor Academy training scenarios and software will respond to the actions of Users in an identical manner to the official workflows of these registries.

The Data Abstractor Academy software has been tested with a wide range of computer configurations; however, due to the rapidly evolving computer industry and unpredictability of various factors affecting computer systems, Data Abstractor Academy does not guarantee the predictable behavior of the software or its functionality on every computer configuration. You recognize all of the above terms and accept that the use of the Data Abstractor Academy software on your system is done solely at your own risk.

Access via Mobile Devices

Access to training modules and assessment services via certain mobile devices (e.g., smartphones, tablet computers) is provided as an additional feature on some of our Services, but it is not intended to be a replacement for computer access. Data Abstractor Academy, at its sole discretion, may choose to discontinue offering access via any or all mobile devices at any time with or without notice, reason, or explanation.

To install and use any of our software or apps, you must have a compatible device that meets all of the System Requirements found at our Site.

“Jailbroken” or “rooted” devices are not supported. (Jailbroken and rooted devices refer to any devices that do not have the operating system of the original equipment manufacturer (OEM) and any devices that have operating systems that have been modified in a manner not approved or supported by the OEM). You will not attempt to install or use the Data Abstractor Academy software on any jailbroken or rooted device. Further, any attempt to install or use the software on a jailbroken or rooted device will constitute a violation of this Agreement and may result in account termination, without refund, at the sole discretion of Data Abstractor Academy.

You agree that Data Abstractor Academy shall not be held liable for any damage to your mobile devices or operating systems, or any data loss resulting from the direct or indirect installation or use of the Data Abstractor Academy software.

No refund or cancellation will be honored due to your inability to install or use the Data Abstractor Academy software on any mobile device (regardless of whether or not the device meets the minimum System Requirements found at our Site).

An Internet connection is required while the Data Abstractor Academy software is in use, and a Wi-Fi Internet connection with an unlimited data plan is highly recommended (both unlimited upload and unlimited download). Use of a fixed data plan, limited data plan, or any other pay-per-use data plan for an Internet connection is not recommended. If you use a fixed, limited, or pay-per-use data plan, you will be solely responsible for any data charges incurred. You agree that Data Abstractor Academy shall not be held liable for any data charges, overage fees, or any other miscellaneous fees or costs that result, directly or indirectly, from using the Data Abstractor Academy software on your devices, including in the event of software malfunction.

It is your sole responsibility to ensure that your mobile device is appropriately used and safeguarded. If your device is lost or stolen, you must notify Data Abstractor Academy immediately so that we may disable access to the account. You will be fully liable for any damages directly or indirectly resulting from any violations of this Agreement.

Access to Content

You are allowed to use the Licensed Materials for the specific training modules and assessments to which you have subscribed or been granted access as part of an internal staffing evaluation package. Each material has its own subscription fees and duration, though access may be provided at no cost to authorized entities (e.g., hospitals) solely for the purpose of assessing data abstractor quality during staffing placement. You are not allowed to access the content of materials that you have not subscribed to or been authorized to use (e.g., access to NSQIP® training does not mean that you will have access to VQI® or NCDR® training materials). The Licensed Materials may not be distributed, resold, or used to create revenue-generating content by any User or entity without the express written permission of Data Abstractor Academy and, where applicable, the respective trademark holders (e.g., the American College of Surgeons for NSQIP® and MBSAQIP®).

Reasonable Use

Data Abstractor Academy products are intended for individual self-study and internal evaluation of data abstractor competency as part of a staffing qualification package and are provided in the form of subscriptions or free access within staffing contexts. The products are designed to facilitate careful review by Users of all content contained within the subscriptions or evaluation packages to deliver maximum benefit and optimal assessment experience with a usage pattern of at least 90% of regular Users of any particular subscription (hereafter also referred to as “normal” product usage). Normal product usage does not include rapid creation of multiple assessments without reasonable time for completion, usage of the entire subscription more than 2.5 times (i.e., usage of every question or module contained in the training at least twice, with up to half of the content being used as many as three times), creation of more than 200 assessments during a single pass through of the subscription, or usage which is suspected to be shared between multiple Users on the same device or network.

Usage of Data Abstractor Academy subscriptions or evaluation packages that is determined not to fall under reasonable use may result in action taken against the account, at Data Abstractor Academy’s sole discretion. Subscription or package utilization that is indicative of, or arising from, impermissible business, multiple Users, community use, or fraudulent use may result in suspension or termination of the subscription or access in question. Data Abstractor Academy may contact any Subscriber or User at any time to request clarification of a usage pattern that is suspected of unreasonable use.

Orders

Most of the information collected in the registration process will be used to process orders, where applicable. During the order process, you will have to provide financial information such as your credit/debit card number, expiration date, CVV2 code, payee name, and billing address. This information is used for billing purposes and to fulfill your order. To properly process your credit/debit card information, we must share your personal and financial information with the merchant bank for authorization and approval. This process is protected by an enhanced security system. We do not share your personal and financial information with any other third parties except those specified in our Privacy Policy. If the Services are provided at no cost as part of a staffing placement package, no financial information will be required, and access will be governed by the terms of this Agreement and any related staffing agreements.

When you attempt a transaction on our website, the card processor verifies available funds by placing a hold, or pending charge, in the amount of the intended transaction against your card. The card processor then confirms the accuracy of your remaining information (e.g., your address, CVV2 Code, expiration date, etc.) before processing the transaction. If you enter an incorrect address or other associated detail, then the transaction is declined. This is NOT a situation unique to this website; it is how virtually all online transactions are handled. Typically, it takes the card-issuing bank 2–5 days to clear associated pending charges resulting from failed/declined attempts.

We charge for each successful transaction attempt, provide a confirmation on our website, and send a confirmation email to the registered email address. You can also log in to your account on our website and click “Billing” to retrieve a copy of your payment receipt, if applicable.

Refunds

Except as otherwise provided in this Agreement or at the sole discretion of Data Abstractor Academy, no refunds, cancellations, or changes to subscriptions will be allowed. Data Abstractor Academy reserves the right to refuse a refund if the Subscriber or User is found to be in violation of this Agreement or acting against Data Abstractor Academy’s interest. No refunds apply to Services provided at no cost as part of a staffing evaluation package.

Member Account/Password and Security

You must complete Data Abstractor Academy’s registration process in order to subscribe to and use the Services by providing us with current, complete, and accurate information as prompted by the applicable registration form, or you may be granted access via an authorized entity (e.g., a hospital) as part of a staffing package. You are responsible for the accuracy of the data provided and may update your profile data to reflect the most accurate current information. You will also choose a password or be assigned one by an authorized entity. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Data Abstractor Academy immediately of any unauthorized use of your account or any other breach of security. Data Abstractor Academy shall not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Data Abstractor Academy or another party due to someone else using your account or password.

Ownership

The Licensed Materials, including all intellectual property rights in and to the Licensed Materials (such as copyright), are the sole and exclusive property of Data Abstractor Academy and its licensors. You have no rights in or to the Licensed Materials, but you are entitled to use them according to the terms of this Agreement for internal evaluation purposes only.

Subscription Term

You have the right to use and access the Licensed Materials for the courses and materials you have subscribed to or been granted access to as part of a staffing package for the duration of your subscription period or evaluation period unless an interval of maintenance downtime has been scheduled. The Licensed Materials will be provided as described in the respective product descriptions and may change, at Data Abstractor Academy’s sole discretion, during the course of a subscription or evaluation period. For training modules and assessments, the number of questions or scenarios may vary during the term based on content changes and updates. However, subscriptions or packages will always have a minimum number of active questions or scenarios, as described in the corresponding product descriptions. The subscription or evaluation period will start immediately after your activation unless you notify Data Abstractor Academy of a desired later start date before using any of the Licensed Materials. Subscriptions or evaluation periods cannot be suspended temporarily and reactivated at a later date. You must use the course material within the designated period, and no free extensions are offered in exchange for any unused time.

At the end of your subscription or evaluation period, your right to use and access the Licensed Materials will expire automatically unless you renew under Data Abstractor Academy’s then-current terms and conditions or extend the evaluation period via a staffing agreement. A renewal or extension will allow you to access existing training and assessment information for an extended preset period. Renewals or extensions are offered as a continuation of the current period but not for later use after the term has expired. You must renew or extend the subscription prior to its expiration date. A renewal or extension will be provided only for the course or package subscribed to or evaluated. Some courses are offered as a combination package, and renewal or extension will only be permitted for individual courses in the package but not for the original combined package. This Agreement and your right to use the Licensed Materials will also terminate at Data Abstractor Academy’s sole discretion if you fail to comply with any terms or conditions in this Agreement. The training and assessment information will not be reset (deletion of test/performance/usage information) during the subscription or evaluation period unless it meets the eligibility criteria described below.

A reset option may be available for eligible products. If the option is available, it is based on the continuous duration (without any intermediate breaks) of a currently active subscription or evaluation period and does not take previous subscriptions into account. A reset is a permanent and irreversible purge (deletion) of all your test and performance data from our system. You may perform a reset directly from your account on our website. This option is available for eligible products only under the following circumstances:

  • Purchase of a new subscription: You purchased a brand-new subscription (i.e., your previous subscription expired, and you did not renew) and still have the old information in your new training module, or
  • Continuous subscription or evaluation for 180 days or more without a reset: For Users who have subscribed to or evaluated a particular course for 180 days or more, without interruption, and whose subscription or evaluation has never been reset, we provide a one-time-only opportunity to reset the test information.

Renewal of an active subscription does NOT qualify as a new subscription purchase. An eligible subscription or evaluation package can be reset only once during its active period. Once it has been reset, another reset is not possible, regardless of the remaining subscription time or purchase of a renewal.

Accessibility

Data Abstractor Academy is committed to ensuring that we provide access to our electronic and information technologies, learning platform, and content made available through our online applications for Users with disabilities. We make reasonable efforts to follow the guidelines put forth by the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines 2.0 (Level AA) in accordance with section 508 of the Americans with Disabilities Act in order to provide accessible products and User experiences for all Users.

To allow for the use of browser-based accessibility accommodations within a Data Abstractor Academy-supported browser, we utilize scripting languages, including JavaScript, in our online applications as well as device-independent event handlers.

We have taken steps to make our product reasonably accessible, including adjustable font sizes and colors, background brightness and contrast settings, and ongoing improvements to offer voiceovers and closed captions for any video content. We test with popular browsers and eReader services but cannot cover all custom platforms. We hope to provide a consistent User experience (subject to certain limitations) across devices, regardless of input tools.

If you are enrolled in Data Abstractor Academy’s products and have any questions, comments, or suggestions on web accessibility issues relating to our website or mobile apps, please contact us to initiate our accommodation request process as follows:

  • Please complete the Request Form and send it by email to: support@dataabstractoracademy.com
  • Once your request form is received, Data Abstractor Academy will send you a confirmation email. We may request additional information or documentation to better understand your request. Please be sure to include your contact information in your request form.
  • After your request has been processed, we will notify you and provide any information that you will need.

Please note that Data Abstractor Academy does not make arrangements on your behalf with any third-party certification bodies or registries for accommodations related to their exams or processes. Please consult with the individual certification administrator or registry (e.g., ACS, ACC, STS, SVS) on how to apply.

Search Engines and Web Crawlers

The information that is posted on Data Abstractor Academy Forums is routinely indexed by search engines and web crawlers (like Google, MSN, Yahoo, etc.). Therefore, when an online search is conducted, the information posted might appear in search results. If you do not wish for your posting to be made publicly available or indexed by third-party search engines, then do not make a post on our forums.

Linked Internet Sites

Data Abstractor Academy is not responsible for the content available on any other Internet sites linked to the Site. Accessing other Internet sites linked to the Site is at your own risk.

You may link to the home page of our website as long as the link does not cast us in a false or misleading light.

Postings

Data Abstractor Academy is under no obligation to review any messages, information, or content (“Postings”) posted on the Site by Users and shall not be responsible for, or liable relating to, any such Postings. Notwithstanding the above, Data Abstractor Academy may from time to time review the Postings on the Site and may decline to accept and/or remove any Postings, including the following:

  • Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law
  • Advertisements or solicitations of any kind
  • Messages posted by Users impersonating others
  • Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references
  • Messages by non-spokesperson employees of Data Abstractor Academy purporting to speak on behalf of Data Abstractor Academy
  • Messages that offer unauthorized download of any copyrighted or private information
  • Multiple messages placed within individual folders by the same User restating the same point

Printing and Downloading

You may print only that portion of the Data Abstractor Academy materials where Data Abstractor Academy specifically provides a print icon, Print, from the most current database version solely for your personal educational use or internal evaluation purposes as part of a staffing qualification package, and only if you include a source reference to Data Abstractor Academy and its copyright notice. The Licensed Materials may not be distributed, resold, or used to create revenue-generating content by any User or entity without the express written permission of Data Abstractor Academy and, where applicable, the respective trademark holders (e.g., the American College of Surgeons for NSQIP® and MBSAQIP®). Data Abstractor Academy reserves the right to restrict the printing of any Licensed Materials. Except as provided in this Agreement, you may not print the Licensed Materials.

You may download only those Data Abstractor Academy materials where Data Abstractor Academy specifically provides a download icon, Download, from the most current database version solely for your personal educational use or internal evaluation purposes as part of a staffing qualification package, and only if you do not remove any source reference to Data Abstractor Academy or its copyright notice. The Licensed Materials may not be distributed, resold, or used to create revenue-generating content by any User or entity without the express written permission of Data Abstractor Academy and, where applicable, the respective trademark holders. Data Abstractor Academy reserves the right to restrict the downloading of any Licensed Materials. Except as provided in this Agreement, you may not download any Licensed Materials.

Prohibitions

While you are using the Services, you shall not copy, or attempt in any way to copy, or capture the contents of any screen (including via any OEM-provided functionality or third-party applications), or upload Data Abstractor Academy materials to any other application. Data Abstractor Academy reserves the right to disable your account without refund if you copy or attempt to copy, screenshot, or reproduce any Data Abstractor Academy copyrighted content. If you copy or attempt to copy any Data Abstractor Academy copyrighted content for commercial use, distribution, or revenue generation, then we reserve the right to pursue any and all legal remedies available to us.

You shall not reverse engineer or modify any of the Licensed Materials. No part of the Licensed Materials may be copied, printed, or reproduced for resale, distribution, or other commercial use or offered for sale or reproduced on any bulletin boards, websites, discussion forums, Internet domains, or online chat rooms, except as permitted for internal evaluation purposes as outlined in this Agreement. You shall not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted at the Site. You shall not disclose or share your password with any third parties or use your password for any unauthorized purpose.

You shall not sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials beyond the internal evaluation purposes specified in this Agreement. All accounts at Data Abstractor Academy are monitored for multiple logins and other potential violations. If Data Abstractor Academy believes that an account is being used by multiple Users at the same time or for purposes beyond internal evaluation, Data Abstractor Academy reserves the right to terminate that account without any notice or refund, at its sole discretion. We also retain the right to sue on grounds of breach of contract. Therefore, please do not disclose your account details to anyone else.

Marks

None of the following trademarks displayed on the Site are property of Data Abstractor Academy:

  • The National Cardiovascular Data Registry (NCDR®) is a registered trademark of the American College of Cardiology.
  • The Society of Thoracic Surgeons (STS®) is a registered trademark of The Society of Thoracic Surgeons.
  • The Vascular Quality Initiative (VQI®) is a registered trademark of the Society for Vascular Surgery.
  • The Metabolic and Bariatric Surgery Accreditation and Quality Improvement Program (MBSAQIP®) is a registered trademark of the American College of Surgeons.
  • The National Surgical Quality Improvement Program (NSQIP®) is a registered trademark of the American College of Surgeons.
  • The Center for International Blood and Marrow Transplant Research (CIBMTR®) is a registered trademark of the National Marrow Donor Program and the Medical College of Wisconsin.
  • The United Network for Organ Sharing (UNOS®) is a registered trademark of the United Network for Organ Sharing.
  • The Trauma Quality Improvement Program (TQIP®) is a registered trademark of the American College of Surgeons.

The other trademarks, logos, and service marks displayed on the Site are the property of Data Abstractor Academy. Users are prohibited from using any Data Abstractor Academy marks without the written permission and consent of Data Abstractor Academy. All content on the Site is protected by copyright.

Affiliation

Data Abstractor Academy is a commercial educational service provider for individuals preparing for data abstraction certification exams and professional development in clinical data abstraction, as well as for internal use by authorized entities to assess data abstractor quality as part of staffing qualifications. Data Abstractor Academy is in no way affiliated with any of the following organizations:

  • American College of Cardiology (ACC)
  • The Society of Thoracic Surgeons (STS)
  • Society for Vascular Surgery (SVS)
  • American College of Surgeons (ACS)
  • National Marrow Donor Program
  • Medical College of Wisconsin
  • United Network for Organ Sharing (UNOS)
  • Any other official organization related to any of the foregoing

The National Cardiovascular Data Registry (NCDR®), The Society of Thoracic Surgeons (STS®), the Vascular Quality Initiative (VQI®), the Metabolic and Bariatric Surgery Accreditation and Quality Improvement Program (MBSAQIP®), the National Surgical Quality Improvement Program (NSQIP®), the Center for International Blood and Marrow Transplant Research (CIBMTR®), the United Network for Organ Sharing (UNOS®), the Trauma Quality Improvement Program (TQIP®), and the Trauma Registry do not endorse, promote, review, or warrant the accuracy or quality of the products and services offered by Data Abstractor Academy. Data Abstractor Academy is neither endorsed by nor affiliated with any of these organizations. None of the trademark holders is affiliated with or endorses the products or services offered by Data Abstractor Academy.

No Warranties

DATA ABSTRACTOR ACADEMY PROVIDES ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Data Abstractor Academy does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made through the Site by any party other than Data Abstractor Academy. Other than as required under consumer-protection law, under no circumstance shall Data Abstractor Academy be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

Data Abstractor Academy materials are for educational and instructional purposes only, intended for internal use to assess data abstractor quality as part of a staffing qualification package, and do not constitute medical advice or official guidance from any clinical registry. Data Abstractor Academy materials are not a substitute for the exercise of professional judgment by certified data abstractors or healthcare providers in real-world registry abstraction scenarios.

Data Abstractor Academy reserves the right to withdraw subscriptions and the complete Site if necessary. If this ever becomes necessary, you will only pay for the time of your subscription that has elapsed (on a pro rata basis), if applicable.

Data Abstractor Academy shall use reasonable efforts to rectify any error that occurs on its Site but does not guarantee access to the Site in case of software errors, viruses, or other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort.

Data Abstractor Academy shall use reasonable efforts to keep its Site online. You understand that scheduled maintenance and problems out of the control of Data Abstractor Academy can cause the Site to be temporarily unavailable.

Limitation of Liability

DATA ABSTRACTOR ACADEMY SHALL NOT BE LIABLE TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR REVENUES, RESULTING FROM, OR ARISING OUT OF OR IN CONNECTION WITH, ACCESS TO OR USE OF THE SITE, OUR SERVICES OR THIS AGREEMENT, EVEN IF DATA ABSTRACTOR ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY MALPRACTICE OR VIRUSES THAT MAY INFECT A USER’S COMPUTER EQUIPMENT.

DATA ABSTRACTOR ACADEMY’S MAXIMUM LIABILITY RESULTING FROM, OR ARISING OUT OF OR IN CONNECTION WITH, YOUR ACCESS TO OR USE OF THE SITE, OUR SERVICES OR THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED YOUR SUBSCRIPTION FEE, IF APPLICABLE, OR $0 IF SERVICES ARE PROVIDED AT NO COST AS PART OF A STAFFING PACKAGE.

Indemnification

You agree to indemnify, defend, and hold harmless Data Abstractor Academy and its members, directors, officers, employees, agents, contractors, and licensors from and against any and all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of any of the terms or conditions of this Agreement, including but not limited to any unauthorized distribution, resale, or use of the Licensed Materials for revenue-generating purposes beyond the internal evaluation scope permitted herein. This indemnification extends to any claims arising from misuse of the Services in violation of restrictions imposed by third-party trademark holders, such as the American College of Surgeons, ensuring Data Abstractor Academy is protected from liability due to User noncompliance.

Confidentiality of Communications

Except as required by law, Data Abstractor Academy will maintain the confidentiality of all User communications, which contain personal User information and are transmitted directly to Data Abstractor Academy. Your Postings in any public forum or arena, such as a message board or a chat room, will not be protected as confidential, and Data Abstractor Academy may use and disclose the information contained in any such Postings (including any ideas, concepts, know-how, or other intellectual property) for any purpose deemed appropriate by Data Abstractor Academy, provided such use remains within the internal evaluation scope of this Agreement.

Governing Law

This Agreement is governed by the internal substantive laws of the state of Florida in the United States of America, without respect to the conflict of laws principles of the State of Florida. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within the State of Florida in the United States of America. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Violations

If you breach any term of this Agreement, Data Abstractor Academy may, at its sole discretion, terminate this Agreement, your access to the Site, and its provision of Services to you without refund. Data Abstractor Academy reserves the right to seek all remedies available at law and in equity for such breaches, including breaches involving unauthorized commercial use or distribution of the Licensed Materials.

DMCA Guidelines

In accordance with the Digital Millennium Copyright Act (DMCA), Data Abstractor Academy encourages all copyright infringement claims to be made in writing. Any registered User or visitor to the Data Abstractor Academy website who believes they are a victim of copyright infringement should notify the Data Abstractor Academy DMCA agent immediately.

If you are the copyright owner or an agent acting on behalf of the copyright owner, please provide us with the following information:

  • A description of the alleged copyright infringement material.
  • Any information that can assist Data Abstractor Academy agents in properly pinpointing the information, including the infringer’s User ID, page URL, date of posting, etc.
  • Detailed contact information, including your full name, address, email, and telephone number.
  • Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”