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Policies

TERMS OF USE

OVERVIEW:

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE ("TOU") BEFORE USING THE DNP FORUM. By continuing to access or use the DNP Forum, you signify your acceptance of these TOU. St. John Fisher College ("SJFC") is the owner and operator of the DNP Forum, and reserves the right, in its sole discretion, to modify these TOU at any time, with or without notice to you. Any such modifications shall be effective immediately, so you should continue to review thee TOU whenever you access the DNP Forum for use. Your use of the DNP Forum after the posting of modifications to these TOU will constitute your acceptance of the TOU, as modified. If, at any time, you do not wish to accept these TOU, you should immediately discontinue any use of the DNP Forum. Any terms and conditions proposed by you which are in addition to or which conflict with the TOU are expressly rejected and shall be of no force or effect.

The following guidelines and policies are incorporated by reference into these TOU:

For detailed submission guidelines, please visit Information for Authors.

For peer-review policies, please visit Information for Reviewers.

For copyright policies, please visit our page on Copyright.

For privacy policy, please visit our page on Privacy Policy and Notice of Privacy Practices.

CONTENTS:

AUTHORSHIP:

Each submission to DNP Forum, including articles and communications with editors and reviewers (collectively, "Content"), must be made by the corresponding author. Your submission is subject to the Submission Agreement and these TOU.

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ETHICS AND CONSENT:

For submissions that describe human-subjects research, the author(s) must indicate whether or not the research was reviewed by an appropriate institutional review board and the final outcome of any review.

For Content that includes the use of protected health information (PHI) governed by the Privacy Rule (45 CFR §160 and §164), the author(s) must indicate whether or not the research has been reviewed by an appropriate institutional review board or privacy board and the final outcome of any review.

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CONFLICT OF INTEREST:

All participants in the peer-review and publication process must disclose all relationships that could be viewed as potential conflicts of interest. This duty of disclosure is also important in connection with editorials and review articles because it can be more difficult to detect bias in this Content than in reports of original research. Editors of the DNP Forum may use information disclosed as a basis for editorial decisions, and editors should disclose applicable relationships if reasonable in connection with publication of the relevant Content.

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ATTRIBUTION AND USAGE:

Each author retains the copyright in his or her Content, but anyone is allowed to copy and redistribute the Content to others in accordance with the terms of the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 United States License ("License") (e.g., unchanged, only for non-commercial purposes, "appropriate attribution" must be given, etc.) by which all Content in the DNP Forum is distributed.

If you believe that your Content has been improperly published on the DNP Forum, please notify DNPForum@sjfc.edu.

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PRIVACY POLICY AND NOTICE OF PRIVACY PRACTICES:

SJFC takes the collection and use of your personal information ("PI") very seriously. To learn about our commitment to your personal privacy please review our Privacy Policy and Notice of Privacy Practices.

ACCOUNT:

If you wish to make a submission to the journal, or participate in the editorial process as a reviewer, you will be required to open an "Account."

In order to open an "account" on the DNP Forum and submit or review Content for publication, you must: (i) agree to these TOU; (ii) agree to the terms of the License if you are an author; and (iii) provide any information required by the DNP Forum. You promise to submit complete, true, and accurate information. You are responsible for the security of your Account and password. The DNP Forum and SJFC cannot and will not be liable for any loss or damage from your failure to comply with any term of these Policies, including your security obligation. You are also responsible for all activity that occurs under your Account, including when Content is posted by others using your Account. You shall: (i) notify the DNP Forum immediately of any unauthorized use of your Account, including your password, and any other known or suspected breach of any Policy; and (ii) report to the DNP Forum immediately and use reasonable efforts to stop immediately any unauthorized activity that is known or suspected by you.

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DISCLAIMER:

Information on the DNP Forum is intended for use by practicing health professionals and health professions educators and is provided solely for their informational and educational purposes. Information on the Site should not be used independently of sound clinical judgment, peer consultation, additional evidence-based resources, or patient/client preferences. SJFC makes no judgment or warranty with respect to accuracy, timeliness, completeness or suitability of such information. INFORMATION ON THE SITE SHOULD ONLY BE USED WITH (AND NEVER A SUBSTITUTE FOR) THE ADVICE OF A QUALIFIED HEALTH-CARE PROFESSIONAL.

Clinical and educational practices change constantly, and materials on the DNP Forum may not represent the current state of the art or the latest advances. The DNP Forum and SJFC are not responsible for the accuracy or reliability of any Content on the DNP Forum. Authors are solely responsible for the accuracy, reliability, and right to use their Content.

The views or opinions expressed on the DNP Forum are those of the authors and do not necessarily reflect those of the DNP Forum or SJFC.

SJFC PROVIDES THE DNP FORUM "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SJFC DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED. SJFC DOES NOT WARRANT THAT THE DNP FORUM WILL OPERATE ERROR-FREE OR THAT ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF DNP FORUM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGES.

IN NO EVENT WILL SJFC BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TOU OR YOUR USE OF THE DNP FORUM, EVEN IF SJFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE DNP FORUM, YOU DO NOT AGREE WITH ANY PART OF THESE TOU, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST SJFC WITH RESPECT TO THE DNP FORUM, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DNP FORUM. IN NO EVENT SHALL SJFC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE DNP FORUM.

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IDEMNIFICATION:

You agree to release, indemnify, defend and hold harmless SJFC and its trustees, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the DNP Forum, your use of the DNP Forum, any breach by you of these TOU (including, without limitation, any representation, warranty or covenant by you), or your violation of any rights of a third party. SJFC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations.

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CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES:

Any claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of New York, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Monroe County, New York, USA in all disputes arising out of or relating to these TOU or the use of the DNP Forum. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this choice of law and venue.

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WAIVER:

The failure of TOTT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

The failure of SJFC to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.

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REMEDIES FOR BREACH:

If SJFC determines, in its sole discretion, that you have breached any portion of these TOU, or have otherwise demonstrated conduct inappropriate for the DNP Forum, SJFC reserves the right to: delete any or all Content provided by you or your agent(s) to the DNP Forum; discontinue your registration(s) with the DNP Forum; notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or take any other action which SJFC deems to be appropriate.

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SEVERABILITY:

If any provision of this TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then such court shall endeavor to give effect to the intentions reflected in the provision and the provision shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions.

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LIMITATIONS ON CLAIM:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the DNP Forum or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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ENTIRE AGREEMENT:

These TOU and any other terms and conditions referenced herein constitute the entire agreement between you and SJFC and governs your use of the DNP Forum.

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