Terms & Conditions

NICHE Membership Terms and Conditions
Membership in Nurses Improving Care for Healthsystem Elders (“NICHE”) of NYU Rory Meyers College of Nursing is subject to the following general terms and conditions (“Terms”). By joining NICHE, and using its resources, you agree to be legally bound by these terms of use. References to “we”, “us” and “our” in the Terms and Conditions refer to NICHE. References to “you” and “yours” in the Terms and Conditions refer to you, the entity that has joined the NICHE program and who is agreeing to the Terms.


I. Programmatic Terms

NICHE Membership Benefits
1. NICHE is a workforce and organizational development program aimed at improving the quality of care provided to older adults in formal care delivery settings. The NICHE program offers members an evidence-based clinical practice model focused on developing nursing specialization in geriatrics.
2. Membership includes: identification as a NICHE member organization, access to the Knowledge Center, continuing education courses, webinars and the opportunity to collaborate and learn from peers through forums.


NICHE Membership Process and Renewal
1. In order to obtain NICHE membership, new hospitals and post-acute facilities (long-term care, skilled nursing facilities, home healthcare organizations, and other non-acute facilities, hereafter referred to as “post-acute facilities”) must pay for and complete the Leadership Training Program (LTP).
2. Upon completion of the LTP, new hospitals or post-acute facilities are required to develop and submit a program implementation plan for approval by NICHE clinical experts.
3. Upon successful completion of the Leadership Training Program (LTP), members commit to implementing NICHE workforce development and quality improvement models that emphasize clinical nursing specialization and the use of evidence-based practices in the care of older adults. You also agree to submit your program implementation plan to NICHE. Once NICHE has confirmed completion of the LTP, receipt of required fees, and approval of the implementation plan, the hospital or post-acute facility is a NICHE member and NICHE will grant you access to the in-house portfolio of continuing nursing education modules, evidence-based clinical practice guidelines, and clinical practice improvement resources housed in the NICHE Knowledge Center, an online learning management system.
4. During the time that the hospital or post-acute facility is engaged in implementing the NICHE practice model, the Hospital or post-acute facility is permitted to use the NICHE trademark and to represent itself to the public as a NICHE member organization, solely as permitted by the NICHE Trademark Guidelines and the restrictions contained herein.
5. Once approved as a NICHE member organization, hospitals and post-acute facilities (“Member Hospitals or member post-acute facilities”) are required to successfully complete the Program Implementation Review at the end of the first and second year in the NICHE program, and thereafter, at 3-5 year intervals. During the Program Implementation Review, members complete a self-assessment survey and practice portfolio to assess the extent of program implementation on participating nursing units and to document the associated changes in clinical, workforce and organizational outcomes. The Program Implementation Review enables members to assess program strengths and areas for continued improvement. The data is reviewed by NICHE clinical experts and members receive feedback to support ongoing program implementation efforts. At the completion of the Program Implementation Review process, Member Hospitals and post-acute facilities are assigned an implementation level of “member”, “senior friendly”, or “exemplar”.
6. Upon completion of the Annual Recommitment Process which includes a review and recognition level based on the extent of program implementation at the Member Hospital or post-acute facility, the payment of the annual membership fee (within 90 days of the billing date June 1st due August 31st), and approval of the renewal recognition by NICHE; the facility is granted another year of NICHE membership. The Member facility is granted a limited restricted license to use the NICHE trademark solely as permitted by the NICHE Trademark Guidelines and to represent itself to the public as a NICHE member facility. The recognition levels of: member, senior-friendly, and exemplar are also confirmed and can be publicly presented.
7. Post-acute facilities with Associate Member status (closed group) and not currently recognized as NICHE members, are required to convert to full Member status by January 2021. To become NICHE members, associate post-acute facilities must pay the annual membership fee and successfully complete the LTP.
The NICHE Program is a comprehensive program with many levels. We encourage you to familiarize yourself with the Knowledge Center. Once full payment is processed for membership and the LTP, the senior team from the organization will receive access to LTP content and all other resources available to NICHE members. These resources include a webinar series and online courses carrying continuing education credits, including non-credit bearing resources such as clinical improvement models. After the organization’s senior team completes the LTP and their implementation plan is approved, the NICHE Coordinator will be able to request that access be granted to additional staff from within the organization.


GIAP Survey
GIAP Survey: Upon obtaining NICHE membership, your organization will be expected to participate in the GIAP survey to collect baseline data regarding staff’s knowledge, skills, attitudes, and perceptions associated with caring for older adults. We retain the services of Cornell University, Survey Research Institute (SRI) to administer the survey. We use a HIPAA-compliant and secure, cloud-based storage systems for all member data. Entering into membership indicates that the hospital and post-acute facility is agreeing to allow its nurses to participate in the survey. All data is confidential and de-identified so your specific information is not disclosed. Members receive a customized report outlining individual hospital/post-acute care facility and cohort results. The customized reports include recommendations from the NICHE faculty to support program implementation efforts.


Description of Fees
NICHE membership fees are based on hospital bed size and are charged per location. NICHE post-acute facilities are charged a “per location” membership fee. For new hospitals and facilities, there is an LTP fee. Hospital systems and post-acute facility systems that have multiple facilities as NICHE members, (both current members and new ones), will be offered a volume discount New Members: The Leadership Training Program (LTP) fee is based on bed size. The LTP is limited to four (4) participants. The LTP fee and membership fee is due before the start of the program. The NICHE membership year is from September 1 to August 31. If a facility joins NICHE after September, the membership fee for the first year will be prorated.
Existing Members: Membership fees are billed annually on June 1. All fees are due by August 31. The annual membership term is from September 1 to August 31.


Payment Terms
For current members, membership fees are due within 90 days from the bill date. If your account is 90 days past due, your account will be deemed delinquent and access to the Knowledge Center will be restricted. NICHE recognition status will be revoked for all delinquent accounts. Access will be reinstated when full payment is received. All payments are final and NICHE does not offer refunds or pro-rata credits.
 

II. Intellectual Property Rights and Restrictions
1. Knowledge Center. Unless otherwise noted, all documents and material available on our site, including the Knowledge Center, are owned by New York University (NYU), all rights reserved. NICHE Members and their nursing staff employees
• Are permitted to access the Knowledge Center for their internal use and training, and access may not be shared outside of NICHE Member Hospitals or post-acute facilities internal operations, or used for any other purpose.
• May not post any Knowledge Center materials on their website or other publicly available area.
• May not incorporate the materials available on the Knowledge Center into their own materials or training modules.
• Are required to keep their Knowledge Center login credentials confidential and not to share them with any third party or otherwise allow any third party to access the Knowledge Center.


Use of any documents or other materials available on the site except as permitted herein may result in legal action against offenders. You may not remove, obscure or modify any copyright, trademark, or other proprietary rights notice from any materials accessed through the Knowledge Center. The coordinator at each member site is responsible for NICHE materials. The materials can only be distributed to the teacher or educator. The teacher/educator cannot alter/transfer/email the content to anyone, and they have agreed to follow our instructors for the dissemination of materials and the material cannot be emailed, transferred, or for instructor led materials, placed on their intranet or online.


Member facilities may place their logo on NICHE caregiver tools available for patient education. Member facility logos may only be placed at the top, opposite the NICHE logo.


If NICHE determines that a Member has violated this section, NICHE, in its reasonable discretion, may terminate that membership upon notice.
2. Use of NICHE Trademarks. NYU owns the NICHE trademark and logo. Members are granted a limited, revocable, non-sublicensable, non-transferable right to use the NICHE trademarks a logo specified in the NICHE Trademark Guidelines (nicheprogram.org) during the term of their membership, and solely as permitted under the NICHE Trademark Guidelines and subject to the terms herein.


III. Amendments to Terms of Use
We may amend these Terms of Use from time to time without advance notice. If we do, we will publish the revisions on the website. It is your responsibility to check the website periodically for changes to these Terms. The date at the top of the 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 constitute an agreement on a prospective basis to the modified Terms and Conditions of Use and all if the changes govern the relationship between you and us in respect of your use of the NICHE tools or resources. If you do not agree with the amended Terms of Use, you must not continue to use the NICHE Knowledge Center after the date on which the amendments take effect.


IV. Links
The Knowledge Center may provide links to third-party websites. 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.


V. Liability
NICHE maintains an interactive Knowledge Center, which is continually updated, enhanced, and evolving, for use by its Members. Considerable effort has been made in good faith to ensure that the content on the Knowledge Center and material accessible from this site are accurate. NICHE does not provide medical advice or prescribe individualized medical or nursing care. The content in the Knowledge Center is provided for educational informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Use of the site and the content provided is at your own risk. Our content and webpages aim to provide general information about the topics they present. They are not intended to make statements concerning the official policies and practices of individual institutions unless stated otherwise.


The Knowledge Center makes no representations or warranties about the following: accuracy, reliability, completeness, currentness, or timeliness of software, text, graphics, links, or communications provided on or through the use of the site—all is subject to error. In no event shall NYU, NICHE, or their 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.


VI. Passwords
The organization is responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their NICHE Knowledge Center password or account. It is your sole responsibility to (1) control the dissemination and use of your Knowledge Center login and passwords; (2) authorize, monitor, and control access to and use of your Knowledge Center account and password; and (3) promptly inform NICHE of any need to deactivate a password. You grant NICHE 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.