Terms and Conditions


As a condition of membership in NICHE, All NICHE member institutions (“You”) agree to comply with the following NICHE general terms and conditions:
 
I.  Programmatic Terms
 
1.  Hospitals which are not currently designated as NICHE hospitals (hereinafter referred to as “New Hospitals”) are required to successfully complete the Leadership Training Program and pay the following fees: Leadership Training Program Fee and Annual Fee. Additionally, New Hospitals are required to develop and submit to NICHE an action plan. Upon completion of the Leadership Training Program, approval of the action plan by NICHE, and the payment of all required fees, the New Hospital is granted a limited license to use the name NICHE and to represent itself to the public as a NICHE facility.
 
2.  Hospitals that are currently designated NICHE hospitals (hereinafter referred to as “Member Hospitals”) are required to successfully complete the Annual Recommitment Process and pay the Annual Fee. Additionally, Member Hospitals are required to develop and submit to NICHE a renewal designation. Upon completion of the Annual Recommitment Process, approval of the renewal designation by NICHE, and the payment of all required fees, the Member Hospital is granted a limited license to use the name NICHE and to represent itself to the public as a NICHE facility.
 
3.  Skilled nursing facilities, home healthcare organizations, and other nonacute facilities may obtain Associated status by paying an Annual Fee. An Associated Health Care Provider Organization is granted limited access to the NICHE community, resources and materials, subject to the copyright restrictions set forth below.  An Associated Health Care Provider Organization is granted a limited license to use the name NICHE and to represent itself to the public.
 
II. Fees
 
Discounted Member Hospital fees (hereinafter referred to as “Add On” fees) are subject to the designation of one hospital as the full fee paying hospital within the system (hereinafter referred to as “Flagship”) maintaining designation. One hospital within the system must be designated as the Flagship. If the Flagship hospital does not maintain designation, discounted hospitals within its system will be subjected to an increase in fees to the full (Flagship) price. Hospitals receiving discount as additional hospitals within a system (Add On) must receive approval to have “Add On” status and hospital must demonstrate coordination with the Flagship and other hospitals deemed part of the system receiving discounts.
 
III.  Disclaimer
 
1.   NICHE DOES NOT Provide Medical Advice or proscribe individual medical or nursing care. The content on the NICHE Knowledge Center is provided for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Use of the site, including reliance on the content provided, is at your own risk. The NICHE content and webpages pages aim to provide general information about the topics they present. They are not intended to make statements concerning the official policies and practices of the institutions unless stated otherwise.
 
2.   NICHE constitutes a collaborative knowledge center, which is continually updated, enhanced, and evolving. A considerable effort has been made in good faith to ensure that the content on the NICHE Knowledge Center and material accessible from this site are accurate. Despite this effort, it is clear that the evolution of practice standards and/or other inaccuracies are inevitable. Consequently no guarantees are expressed or implied as to the accuracy, timeliness, currency or completeness of any information authored by persons at or agents of NICHE, or accessible using links from this site. Nor is any warranty made that the information obtained from this site or that of an affiliate is valuable or useful for any purpose.
 
3.  You assume full responsibility for any actions taken based on information obtained from this web site and the NICHE Tools. In particular, NICHE emphasize that the information available through this site should not be interpreted on its face as medical or professional advice. All medical information, from this or any other source, needs carefully to be reviewed by a health-care provider before being acted upon in any way.
 
IV.  Intellectual Property Rights
 
1.  Unless otherwise noted, all documents accessed from this site are viewed as a valuable resource of NICHE and are Copyright, New York University, all rights reserved. Use of any data or other materials accessed from this site without the permission of the authors and the University may result in action being taken against offenders.
 
2.  During the term of your membership in NICHE, NICHE licenses the NICHE program and NICHE Tools, and grants a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license, without the right to sublicense, transfer, or assign, for its member facilities hereunder  to use, copy, and create derivatives of the NICHE Tools and program for the internal business purposes of its Facilities only.
 
3.  Use of information from the Knowledge Center for any other purposes, other than those approved by NICHE, is strictly prohibited. The limited license rights granted hereunder terminate upon termination of your membership.
 
4.  Use of NYU or NICHE names, icons and logos is restricted: these names, icons and logos may not be used without the permission of NYU. You will not remove, obscure or modify any copyright, trademark, or other proprietary rights notice from the any materials accessed through the Knowledge Center.
 
V.   Amendments to Terms of Use
 
We may amend these Terms of Use from time to time. If we do, we will publish the changes on the Website. It is your responsibility to check the Website periodically for changes to these Terms. The date at the top of this webpage indicates when these Terms of Use were last updated. Amendments to these Terms of Use will take effect thirty (30) days after the date on which we publish the amendments on the Website, and from then on will govern the relationship between you and us in respect of your use of the NICHE Tools or Website. If you do not agree with the amended Terms of Use, you must not continue to use the Website after the date on which the amendments take effect.
 
VI.   Links
 
The Knowledge Center may provide links to third-party web sites. NICHE does not recommend and does not endorse the content on any third-party websites. It is not responsible for the content of linked third-party sites or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and do not control their content or availability.
 
VII.  Liability
 
The Knowledge Center site makes no representations or warranties about the following: the accuracy, reliability, completeness, currentness, or timeliness of the software, text, graphics, links, or communications provided on or through the use of the site—all cis subject to error. In no event shall New York University, the NICHE Program, or their respective licensors, suppliers, or any third parties mentioned on the site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the site or the Knowledge Center content, whether based on warranty, contract, tort, or any other legal theory, and whether or not NICHE is advised of the possibility of such damages. Neither will they be liable for any personal or patient injury, including death, caused by your use or misuse of the site and/or content.
 
VIII.  Passwords
 
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your NICHE Knowledge Center password or account. It is your sole responsibility to (1) control the dissemination and use of your password; (2) authorize, monitor, and control access to and use of your NICHE Knowledge Center account and password; and (3) promptly inform NICHE of any need to deactivate a password. You grant NICHE and the Knowledge Center and all other persons or entities involved in the operation of the site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the site. NICHE cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using tools and services.