Terms of Agreement

Thank you for using our website.

This website and all related services (the “Site”) is provided by The Patient Safety Group, a division of Smart Patients, Inc. (“PSG,” “we,” or “us.”) The Site includes direct communications between you and PSG; surveys you may respond to; and, if your healthcare organization has designated you as having access to survey results, those results and related analytics tools.

Acceptance of Terms

Whenever you visit, use, or register on the Site, you are agreeing to these Terms of Agreement (“Terms.”) If you do not agree to these Terms, you are not permitted to use the Site. Please read the Terms carefully.

Updates to these Terms

We may modify these Terms at any time, although we expect that most changes will be only editorial in nature or reflect changes in the services we offer. However, in the unlikely event that we would ever make material changes in these Terms that would disadvantage you, we would ask you to consent to the new Terms before they applied to you. If you did not consent, many of the features offered by the Site would be unavailable to you.

The date of the last update to these Terms is stated at the end of this document.

No Practice of Medicine

You understand and agree that we are not engaged in the practice of medicine, either through the Site or any associated communications or services, and that the Site is not a substitute for professional medical advice, diagnosis, or treatment. The Site is provided for informational purposes only and is provided “AS IS.” You are encouraged to seek professional diagnosis and treatment for medical conditions. YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE ON THE SITE.

Eligible Users of the Site

You must be at least 18 years old and legally competent to use the Site.

The Site is intended primarily for U.S. users. If you are not a resident of the U.S.:

  1. We make no claim that information on the Site is appropriate or permissible in your country.
  2. If you register or submit information on the Site, you agree that we may, subject to the protections and limitations described in our Privacy Policy and on the Site, collect, use, store, or disclose that information in the United States or in another country outside your jurisdiction. You understand that information protection laws outside your country of residence may vary. By providing your information, you consent to the international transfer of your information for the purposes explained in these Terms, the Privacy Policy, or elsewhere on the Site.

Privacy and Protection of Personal Information

Our Privacy Policy describing how we manage and protect information is incorporated into these Terms.

Your Survey Responses

"User Content" is content or information submitted by users of the Site. This includes both free-text comments in surveys and in comments or annotations posted by organizational users. When you submit comments or otherwise communicate through the Site, you must follow these rules:

  • Your User Content must be appropriate and civil.
  • Your User Content must notviolate any law; infringe on any third party’s legal rights or be capable of giving rise to legal action against you, us, or third parties; be obscene, indecent, or pornographic; infringe any copyright, trademark, or other intellectual property right; infringe any right of privacy or violate any confidentiality obligation; or be in breach of any contractual obligation owed to any person.

Creating an Account, Passwords, and Security

If your role at your healthcare organization includes analyzing the results of safety culture surveys or other PSG tools, you may have the opportunity to create a PSG account. If you create an account, you must provide us with accurate information, and you will choose a password. You are responsible for maintaining the confidentiality of your password. You are not permitted to share your password with others, and you are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or other breach of security of which you are aware. PSG will not be liable for any loss you or others may incur as a result of someone else using your account, either with or without your knowledge. You may not use anyone else’s account.

You may choose to respond to free-text survey questions. While our management of your responses is subject to our Privacy Policy, you understand and agree that members of your healthcare organization may be able to guess the identity of the author of a given free-text response. You agree that if that were to occur, neither you nor anyone else would have a remedy or claim against PSG, as explained in the Warranty Disclaimer and Limitation of Liability section of these Terms. Therefore, please exercise discretion when deciding what information you choose to include in your responses.

Similarly, if you have a PSG account and you submit comments or annotations through your account, you agree that you will have no remedy or claim against PSG in connection with your comments or annotations, or the actions or inactions of anyone, including your employer, related to your comments or annotations, as explained in the Warranty Disclaimer and Limitation of Liability section of these Terms.

Communications Between Us

For contractual purposes, you (a) consent to receive all communications from us, including any possible messages about security incidents or breaches, in electronic form via your account in the Site or via the email address you submit if and when you register, and (b) agree that all Terms, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Prohibited Uses

As a condition of using the Site, you agree that you will not use the Site in any way that is prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:

  • You must not use our Site in any way that may damage, overburden, or impair the Site or its availability; or in any way that is illegal, fraudulent or harmful or related to any illegal, fraudulent or harmful activity.
  • You may not attempt to gain unauthorized access to the Site, other accounts, or computers or networks associated with the Site, its users, or PSG, including but not limited to using another person’s login credentials.
  • You must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any malicious computer software.
  • You may not copy, modify, distribute, sell or lease any part of the Site or its content or its software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our express written permission.
  • You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Site without our express written consent.
  • You must not use our Site to send any unsolicited commercial communications.
  • If your role at your healthcare organization includes analyzing the results of safety culture surveys or other tools and you use our Site to view such results, you are required to respect the confidentiality and trust of survey respondents.

Use of Materials and Information on the Site

Subject to applicable law, we or our licensors (people or entities from whom we license content) own the intellectual property rights in the Site and materials on the Site. Subject to the protections and limitations described in our Privacy Policy, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any media; as described in our Privacy Policy, this does not include personally identifiable information. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. All these intellectual property rights are reserved.

You must not:

  • republish or repost material from the Site;
  • sell, rent, or sub-license material from the Site; or
  • copy or otherwise exploit material on the Site for a commercial purpose.

Links

We have no responsibility for any third-party websites not operated by us to which our Site may be linked.

Trademarks and Copyrights

The Patient Safety Group, Patient Safety Group, www.patientsafetygroup.org, Smart Patients, www.smartpatients.com, and our logos are trademarks belonging to us. We give no permission for the use of these trademarks, and any such use may constitute an infringement of our rights. Other trademarks or service marks on our Site are the property of their respective owners. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of such rights and we cannot and do not grant any license to exercise such rights.

Copyright Infringement Notice

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please write to our Copyright Agent here or email us at [email protected]. The requirements for what you must include in your notice are in the Digital Millennium Copyright Act, 17 U.S.C. § 512. We respond expeditiously to notices of claimed copyright infringement. If we become aware that a user is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate or block that user.

Warranty Disclaimer

You acknowledge that some of the information on this Site is submitted by others. We do not warrant the completeness or accuracy of any information published on this Site, whether submitted by us or users. We do not warrant that the Site remains available or that the material on the Site is kept up-to-date.

WE PROVIDE THE SITE "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OR GUARANTEES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING.

Limitation of Liability

YOU CANNOT RECOVER ANY DAMAGES FROM US RELATED TO YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING ANY DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. THIS LIMITATION APPLIES EVEN IF YOU ARE NOT FULLY COMPENSATED FOR ANY LOSSES, OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE LOSSES.

CERTAIN JURISDICTIONS LIMIT DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS, AND THE PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.

Breaches of These Terms and Indemnification by You

If you breach these Terms, or if we reasonably suspect that you have breached these Terms, we may: send you one or more warnings; temporarily suspend your access to the Site; permanently prohibit you from accessing the Site; block devices using your IP address from accessing the Site; ask your internet service provider to block your access to the Site; suspend or delete your account; delete or edit your User Content; bring court proceedings against you seeking damages and/or injunctions; and/or report you to law enforcement authorities. If we suspend, terminate, or block your access to the Site, you agree not to take any action to circumvent our action (such as creating or using a different account.) If we bring a legal action against you, we agree that the jurisdiction and venue for such action will be the federal or state courts of the jurisdiction in which our principal place of business is located, and we further agree that a judgment in any such action may be enforced in other jurisdictions by suit on the judgment or ruling, or in any other manner provided by law.

Indemnification: You hereby agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms.

Governing Law, Arbitration, and Jurisdiction

All matters related to the Site will be governed by the laws of California, without regard to conflicts of laws provisions.

If you have a complaint, question, or dispute (collectively, “dispute”) regarding the Site, you are encouraged to bring it to our attention. You may write to us [here] and we will try to address your concerns. If we are unable to resolve a dispute ourselves, any dispute relating in any way to the Site shall be submitted to confidential arbitration in Santa Clara County, California, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the American Arbitration Association, with each party being responsible for its own costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.

By agreeing to arbitration in these Terms, you understand and agree that you are relinquishing (i) any right to pursue claims or have disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.

You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.

Other Legal Provisions

Any failure or delay by either party to enforce any part of these Terms will not constitute a waiver of that party’s rights under these Terms. These Terms control the relationship between you and PSG. They do not create any third party beneficiary rights. If we enter into an additional or separate agreement with you that has additional terms, those additional terms will control if they conflict with these Terms. If a particular provision of these Terms is determined by a court of competent jurisdiction to be unenforceable, the other provisions will remain in effect. You may not transfer your account or your rights under these Terms to any other person or entity. We may, in our sole discretion, transfer, delegate, or assign our rights and obligations under these Terms to others without notifying you or obtaining your consent. The current version of these Terms, which incorporate our Privacy Policy by reference, constitutes the entire agreement between you and us in relation to the Site.

Cookies

This site uses cookies to store information on your computer. Some are essential to make our site work; others are intended to help us provide services and improve the user experience. By using the site, you consent to the placement of these cookies. Please read our Privacy Policy to learn more.

Feedback

If you have any concerns, inquiries, or complaints about the Site, please write to us [here]. We appreciate your input.

Thank you for using our Site, and we hope it is helpful to you.

Effective Date

The effective date of these Terms is September 20, 2018.