The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Use Of Site

  • HITRUST Central Terms of Use

    Version 1.3
    Effective Date: 28 February, 2009

    HITRUST Central is a private online community operated by HITRUST Services Corporation (herein referred to as HITRUST), which provides access to Content and Services pertaining to healthcare information security, privacy and compliance. With the exception of a few sections available to the public (“Public Sections”), HITRUST Central is intended for use by authorized individuals only. The use of any section of HITRUST Central for authorized purposes only.

    Authorization to access and use non-public sections of HITRUST Central (“Private Sections”) must be established through entry into a HITRUST Central/Assessment Manager and Exchange Subscription Agreement, which these Terms of Use supplement.

    Access to and use of the Public Sections is a privilege extended by HITRUST which may be revoked at any time at HITRUST’s sole discretion. By accessing the Public Sections a user accepts and agrees to be bound by these Terms of Use and all other terms, conditions and policies posted in the Public Sections.

    The following Terms of Use apply to all individuals who access HITRUST Central. Other websites and services maintained by HITRUST are subject to separate terms of use.

    1. NOTICE. The violation of these Terms of Use or additional terms and conditions applicable to access to and use of HITRUST Central, its Services or Content, may be a violation of federal or state criminal or civil laws pertaining to the protection of computer data, stored communications, computer resources and intellectual property.

    2. User Authorization to Access Private Sections.

    a. Only authorized individuals (“Registered Users”) may access HITRUST Central, use its Services, view or download its Content, or contribute Content. Registered Users must be registered according to HITRUST’s policies and procedures.

    A. A Registered User may be authorized by entry into a HITRUST Central/Assessment Manager and Exchange Subscription as an individual, or by sponsorship by an entity which has entered into a HITRUST Central/Assessment Manager and Exchange Subscription (“Sponsor”) as its authorized agent to access and use HITRUST Central on its behalf.

    b. HITRUST may suspend access by any Registered User at any time that HITRUST has reason to believe that the Registered User (i) has permitted an unauthorized person to access HITRUST Central, HITRUST Assessment Manager, the CSF, CSF Tools, Services, Content or any other online service maintained by HITRUST, (ii) has used, attempted to use or is using HITRUST Central, HITRUST Assessment Manager, the CSF, CSF Tools, Services, Content or any other online service maintained by HITRUSTfor any unlawful purpose or in order to infringe or facilitate the infringement of any copyright or other intellectual property right, or (iii) has otherwise used, attempted to use or is using HITRUST Central, HITRUST Assessment Manager, the CSF, CSF Tools, Services, Content or any other online service maintained by HITRUST in violation of a HITRUST Central/Assessment Manager and Exchange Subscription Agreement r or these Terms of Use. In the event of suspension HITRUST shall promptly notify the Registered User, and if applicable the Sponsor. The Registered User, or if applicable Sponsor, may request that HITRUST reinstate suspended access. If HITRUST determines that there is no reasonable basis for continued suspension, HITRUST shall reinstate the Registered User’s access.

    c. HITRUST shall terminate a Registered User’s authorization (i) upon request of the Registered User or, if applicable, the Sponsor or (ii) upon termination of the applicable HITRUST Central/Assessment Manager and Exchange Subscription for any reason.

    d. HITRUST may terminate a Registered User’s authorization at HITRUST’s discretion, in the event that HITRUST determines that the Registered User (i) has permitted an unauthorized person to access HITRUST Central, HITRUST Assessment Manager, the CSF, CSF Tools, Services, Content or any other online service maintained by HITRUST, (ii) has used, attempted to use or is using HITRUST Central, HITRUST Assessment Manager, the CSF, CSF Tools, Services, Content or any other online service maintained by HITRUST, for any unlawful purpose or in order to infringe or facilitate the infringement of any copyright or other intellectual property right, or (iii) has otherwise used, attempted to use or is using HITRUST Central, HITRUST Assessment Manager, the CSF, CSF Tools, Services, Content or any other online service maintained by HITRUST in violation of a HITRUST Central/Assessment Manager and Exchange Subscription Agreement or these Terms of Use. In the event of termination HITRUST shall promptly notify the Registered User, and if applicable the Sponsor.

    3. Access Credentials for Private Sections.

    a. Access to the Private Sections of HITRUST Central requires use of a user name and password issued to a specific individual Registered User by HITRUST. Use of other credentials, methods or processes to obtain access is unauthorized and prohibited. Use of credentials issued to any other individual is also unauthorized and prohibited.

    b. Each Registered User is responsible for any use of his or her user name or password and must take reasonable precautions to prevent other parties from having access to or learning them. Failure to protect a user name and password may result in unauthorized individuals having access HITRUST Central and using the Services or accessing Content, and may be grounds for suspension or termination of authorization. Any Registered User who has reason to believe his or her user name and/or password has been compromised is required to notify HITRUST at its contact email address given in these Terms of Use.

    4. Availability of HITRUST Central.

    a. HITRUST Central is accessible by use of a personal computer, laptop or other comparable device using standard, commercially available Internet browser applications and standard Internet connections. Each user (or Sponsor, if applicable) is responsible for providing his or her own computer, browser and Internet connection. The quality of the Services obtained by a user, including but not limited to graphics quality, connection speeds and potential for interruption, depends upon the computer, browser and Internet connection used, and is not the responsibility of HITRUST.

    b. HITRUST will use commercially reasonable efforts to make HITRUST Central available twenty-four hours per day, 365 days per year, subject to interruption for reasonable periods from time to time for purposes of maintenance, upgrades and other management activities. HITRUST Central may also be subject to interruption for other reasons not subject to HITRUST’s control, such as events or occurrences affecting Internet services providers or data hosting services.

    5. License for Use of Services and Content.

    a. HITRUST or its suppliers own all title and intellectual property rights in and to all images, photographs, animations, video, audio, music, text and “applets” incorporated into the Services (“Content”), which are protected by applicable copyright or other intellectual property laws and treaties.

    b. A user may use the Services and access Content for any purpose connected with education and information sharing about issues relevant to healthcare information security compliance, subject to the prohibitions and restrictions of these Terms of Use.

    c. HITRUST cannot and does not guarantee the accuracy, relevance, timeliness or completeness of Content. HITRUST may modify Content to correct errors or otherwise provide for clarification or added value, but has no obligation to do so. Further, HITRUST is not responsible for and exercises no control over user-contributed Content or external resources which may be referenced or linked in Content, and users make use of and rely upon such resources wholly at their own risk.

    d. Users are authorized to view and download Content from HITRUST Central for personal use by the individual and internal use by the Sponsor or its Affiliates, if applicable, under the following conditions:

    i. The user may make one (1) electronic copy of Content, which shall be stored and used only on a computer which is either (x) the personal property of the user, if the user does not have a Sponsor, or (y) if the user does have a Sponsor, authorized by the Sponsor for use by the user. Any such electronic copy shall be kept secure against copying, and against dissemination to any other party.

    ii. Make paper copies of the Content for use by the user and if applicable the user’s Sponsor. Any such paper copy shall be kept confidential and secure against copying by or dissemination to any other party.

    e. Users may not create derivative works based on or including Content without HITRUST’s express written consent

    6. Content Contribution by Registered Users. Registered Users may upload or post (“contribute”) Content they create to HITRUST Central, provided that by doing so they accept and agree to the following terms:

    a. Content contributed to HITRUST Central shall not be considered Personally Identifiable Information (“PII”) for purposes of the HITRUST Online Services Privacy Policy.

    b. HITRUST does not generally review Content contributed by users prior to contribution. HITRUST may review contributed Content after contribution, to monitor compliance with or upon notice of a possible violation of these Terms of Use. In the event HITRUST determines, in HITRUST’s sole discretion, that Content violates any provision of these Terms of Use, HITRUST may, but has not obligation to modify or remove such Content.

    c. All Content contributed by a user, including ideas, becomes the intellectual property of HITRUST, and the user (and Sponsor, if applicable) expressly consents to release all rights, including but not limited to monetary rights and copyright, to such content, and further acknowledges that the Content may be used by HITRUST to create derivative works, or quoted in other media, and may or may not be attributed to user or Sponsor by name.

    d. Contributed Content shall not contain copyrighted or confidential information or materials or trade secrets, unless (i) the user contributing is the owner of the copyright or trade secrets, or has the right to waive confidentiality with respect to the information or materials, or (ii) the contributor has written permission from the trade secret or copyright owner, or person with the right to waive confidentiality, to contribute the protected information or materials.

    e. Contributed Content shall not contain information, intentionally or unintentionally, that is false or misleading.

    f. Content contributed to HITRUST Central may be accessible to all users of HITRUST Central, at the sole discretion of HITRUST. HITRUST may from time to time provide controls which allow users to limit access to some areas in HITRUST Central, but HITRUST does not warrant these controls and shall not be held liable should these controls fail.

    g. HITRUST shall not be deemed the publisher of any information or materials provided by a user. Opinions expressed by users shall not be attributed under any circumstances to HITRUST, its officers or advisors, and shall be attributed only to the user who expressed them.

    h. In all cases, a user who contributes Content to HITRUST Central shall indemnify, hold harmless and defend HITRUST, its officers and advisors, from and against any claims, losses or liabilities arising from or pertaining to any violation of this Section 6 by the user, or any other liability arising from or pertaining to the user’s contribution of the Content.

    7. Prohibited Activities. HITRUST Central and the Services may not be used, and Content may not be viewed, downloaded or contributed, for any purpose or activity which may be illegal, or in any manner which may cause harm to any person (including but not limited to any user), or may interfere with the effective functioning of HITRUST Central. In particular, and without limiting the preceding restriction, no person may access HITRUST Central, view, download or contribute Content, or use the Services:

    a. In any way which violates any applicable law or regulation.

    b. In any way that could damage, disable, overburden, or impair or interfere with any other party's use of the Services or access to HITRUST Central.

    c. To attempt to gain unauthorized access to any information, documents, records, accounts, devices, systems or networks connected to HC through hacking, password cracking, IP spoofing or any other means.

    d. To obtain or attempt to obtain any materials or information through any means not intentionally made available through HITRUST Central.

    e. To upload or distribute files that contain viruses, Trojan horses, worms, spyware, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage electronic data or the operation of any device or software.

    f. For any commercial use, surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

    g. To defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

    h. To publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

    i. To upload, or otherwise make available, files or messages that contain images, photographs, movies, music, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) without the legal right to do so.

    j. To advertise or offer to sell or buy any goods or services for any personal or business purpose.

    k. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

    l. To reverse assemble, reverse compile, or otherwise reverse engineer or attempt to derive the source code of any software included in the Services or accessible through HITRUST Central.

    m. To rent or lease use of the Services to any other party, including service bureau work, multiple-user licenses, application service provider services, rental arrangements or time-sharing arrangements

    n. To provide communications or data, document or records transfer services, except to the extent that such transfer is included in authorized uses of the Services.

    By accessing HITRUST Central, a user agrees to indemnify, hold harmless and defend HITRUST, its officers and advisors, from and against any claims, losses or liabilities arising from or pertaining to any violation of this Section 7 by the user, or any other violation arising from or pertaining to the user’s access to and use of HITRUST Central, Content or Services.

    8. User and Sponsor Warranties, Damages and Remedies.

    a. TO THE GREATEST EXTENT PERMITTED BY LAW, HITRUST MAKES NO WARRANTIES, REPRESENTATIONS TO USERS OR SPONSORS WITH RESPECT TO THE SERVICES AND CONTENT.

    b. HITRUST AND ITS SUPPLIERS PROVIDE THE SERVICES AND CONTENT “AS IS” AND WITH ALL FAULTS.

    c. HITRUST AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, SECURITY, CONFORMITY TO DESCRIPTION, NON-INFRINGEMENT, RELIABILITY OR AVAILABILITY, ACCURACY OR COMPLETENESS, RESULTS, LACK OF VIRUSES, ALL WITH REGARD TO THE SERVICES OR OTHERWISE ARISING OUT OF THE USE OF HITRUST CENTRAL, SERVICES AND CONTENT.

    d. THE ENTIRE RISK AS TO THE QUALITY OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES OR USE OF HITRUST CENTRAL OR CONTENT AT ALL TIMES REMAINS WITH THE USER (AND SPONSOR, IF APPLICABLE) AT ALL TIMES

    e. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HITRUST OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER DATA OR INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO USE OF OR INABILITY TO USE HC, THE SERVICES, OR CONTENT, THE PROVISION OF OR FAILURE TO PROVIDE HC, THE SERVICES, OR CONTENT, OR OTHERWISE ARISING OUT OF USE OF HC, THE SERVICES, OR CONTENT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF HITRUST OR ANY SUPPLIER, AND EVEN IF HITRUST OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL USERS OR SPONSORS.

    f. NOTWITHSTANDING ANY DAMAGES THAT A USER OR SPONSOR MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), A USER’S AND SPONSOR’ SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS OF USE IS TO DISCONTINUE USING THE SERVICES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

    9. Dispute Resolution

    a. Arbitration. All claims or disputes arising from or pertaining to these Terms of Use, excepting only actions for injunctive relief for violations or threatened violations of the License terms of Section 5, shall be determined by final and binding arbitration, conducted in Dallas, Texas, Washington, in accordance with the Arbitration Rules then obtaining of the American Arbitration Association. Judgment upon any arbitration award may be entered in any court of competent jurisdiction.

    b. Injunctive Remedies for License Violations. Any violation of the License terms of Section 5 will cause irreparable injury to HITRUST, and, as a result, HITRUST shall be entitled to seek any injunctive relief or other rights or remedies to which HITRUST is or may be entitled to under law.

    c. Applicable Law. This Agreement shall be interpreted consistently with federal law applicable to the parties, provided that state law issues shall be exclusively interpreted according to the laws of the State of Texas, without regard to choice of law principles.

    d. Jurisdiction and Venue. Jurisdiction and venue for any action for injunctive relief under this License shall be in the county court for Dallas County, Texas at Dallas, Texas. Users and Sponsors waive all defenses of lack of personal jurisdiction and forum non conveniens.

    e. Legal Fees and Costs. In the event of legal proceedings for injunctive relief arising from or pertaining to these Terms of Use the substantially prevailing party shall be awarded its reasonable attorneys fees and costs of litigation, including any on appeal or in bankruptcy proceedings.

    10. Amendment. From time to time HITRUST may amend these Terms of Use, by posting a notice of such amendment and publishing the amended Terms of Use on HITRUST Central.

    11. Severability. If any provision of these Terms of Use is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

    12. Contact Information. If you need additional information or have any questions please contact HITRUST at notices@hitrustcentral.net.