Executive Commentary

Certification by ACHC means only that: (i) the product certified currently contains the necessary elements and/or fields that correspond to the items set forth in the ACHC Accreditation Standards for which the product certified is intended to be used (the “Applicable Accreditation Requirements”); (ii) the product certified has the ability to collect, store, and report the data necessary under the Applicable Accreditation Requirements for review by ACHC during a survey; and (iii), if the product certified is used correctly by you, it could improve or expedite your survey experience with ACHC.

Certification by ACHC does not mean or include anything else, including, without limitation, any representation, or warranty regarding the quality, functionality, uptime, downtime, security, performance, support, compatibility, vulnerability to attack, or fitness for any purpose of the product certified or that the product certified is free from defects, malware, bugs, or other issues. Use of the certified product does not guaranty or ensure accreditation by ACHC. ACHC is not recommending or endorsing any certified product or its use, and nothing herein shall be construed as such a recommendation or endorsement.

ACHC disclaims any and all liability associated with any certified product and/or your use of any certified product, and you irrevocably waive any and all claims you have or may have against ACHC with respect to any certified product or your use thereof, including, without limitation, liability and claims associated with quality, functionality, uptime, downtime, security, performance, support, compatibility, vulnerability to attack, fitness for any purpose, defects, malware, bugs, cyberattacks, ransomware, data breaches, and other issues with, caused by, or related to the product certified or the provider of the product certified or your use of the product certified.

If you wish to use any certified product, you are encouraged to conduct appropriate due diligence, including checking references, in determining whether to use any of the certified product and whether such use is appropriate for you. You acknowledge and agree that your use of any certified product is at your sole risk.