Terms of Service
Please read the Terms of Service carefully before you (the “User”) start to use http://www.pressganey.com. By using, accessing, or viewing the Websites of Press Ganey Associates, Inc. and its Affiliates (“Press Ganey”, “we” or “us”), including any content, functionality, and services offered on or through http://www.pressganey.com including, but not limited to web based applications such as the Improvement Portal, Press Ganey Online, eCompass, Quality Performer, Operational Insights, Dataview MB, Dataview QP or Clinical Performer (the “Website[s]” or “Site[s]”), whether as a guest or registered user, the following terms and conditions (“Terms of Service”) apply. By using the Website you accept and agree to abide by and be bound by the conditions and terms set forth in these Terms of Service. If you do not want to agree to these Terms of Service, you must exit the Website.
SCOPE OF AGREEMENT
These Terms of Service may be changed periodically at the sole discretion of Press Ganey. Users will be bound by the version of this agreement posted at http://www.pressganey.com or other Sites. Users are expected to check the Terms of Service periodically to take notice of the changes to the Terms of Service to which they are bound. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. Questions may be sent to email@example.com.
LICENSE & WEB SITE ACCESS
Press Ganey hereby grants you, the User, a license to use, access, and view the Website, forums, and Internet material. This license is personal, non-exclusive, non-transferable, and revocable at the sole discretion of Press Ganey with or without cause. You may not assign or sublicense this license to another party.
The Website contains both public and restricted domains; Press Ganey’s authorization to view any portion of the Website provides Users no grounds for access to other portions of the Website. User access to Website content is at the complete discretion of Press Ganey. Restricted areas of the Website require account creation and subsequent User login. Users are responsible for maintaining the confidentiality of their User account information, including user name and password. Users are solely responsible to Press Ganey for all activities that occur under their account and agree to immediately notify Press Ganey of any unauthorized use of your user name, password, or any other breach of security. We reserve the right to disable any user name or password, whether chosen by you or provided by us, at any time, for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Service. We reserve the right to view, monitor, and record activity on this site without notice or permission from you.
We may disclose any records, electronic communications, information, materials, or other content of any kind for the following reasons:
- If we believe in good faith that the law or legal process requires it;
- If such disclosure is necessary or appropriate to operate this Site; or
- To protect our rights or property or the rights or property of our Users and business partners.
Information may be stored, produced, or copied in reasonable quantities for appropriate periods of time for valid business purposes. Users who store, produce or copy information are individually and completely responsible for any misuse, misappropriation, or improper disclosure of that information.
YOU MAY NOT USE THIS WEBSITE FOR ANY ILLEGAL PURPOSE. You may only use this Website for lawful purposes and in accordance with these Terms of Service. You agree not to use this site for:
- Violating any applicable federal, state, local, and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
- Selling, distributing, or any form of commercial exploitation of content gathered from any of the websites;
- Data analysis beyond the scope of the contractual relationship between you and Press Ganey, including, but not limited to: data mining, extraction tools, web bots, web crawlers, or other extraction or automated data gathering;
- Decompiling and/or recompiling data;
- Selling, renting, leasing, lending, or transferring any services or content provided on this site;
- Disrupting this site by any form from its primary purpose;
- Introducing any virus, Trojan horse, worm, logic bomb, or any other material which is malicious or technologically harmful;
- Methodical attempts to access restricted content; or
- Accessing the Websites for anything other their primary purposes.
LINKS TO THIRD PARTY WEBSITES
The Press Ganey Website, and affiliate Websites, may contain links to websites and domains outside of the control of Press Ganey (“Third Party Websites”); these links are provided for your convenience only. Press Ganey is neither responsible for the content or resources of Third Party Websites, nor any harm arising therefrom. Users who access any of the Third Party Websites linked to this Website do so entirely at their own risk and are subject to the terms and conditions of use for such Third Party Websites.
Press Ganey disclaims any duty to monitor or maintain the links. Press Ganey’s inclusion of a link on its Website shall not, and must not be construed as an endorsement of that website or any affiliated product. Press Ganey makes no representations or warranties of any kind, either expressed or implied, as to the reliability or completeness of any information contained on Third Party Websites.
DISCLAIMER & WARRANTY
Press Ganey expressly disclaims any and all representations and warranties. Users are to infer no warranties or representations from Press Ganey. The information provided on the Website is strictly presented “as is” for the User with the individual User solely and completely responsible for use of its content. Further, Press Ganey expressly disclaims warranties of accuracy, completeness, non-infringement, Website availability, and suitability for all content found on any and all Websites. Press Ganey is not responsible for any content, associated express or implied representations or warranties, or any Third Party Website linked from the Press Ganey Website.
The information we collect from you may include personal data. We will only collect and process such information as is appropriate and necessary according to the type of services you wish to establish with us. To the extent that the information you provide to us includes personal data, you agree to Press Ganey processing all such personal data for the purposes of providing requested services. Except to the extent required by law, we will not sell, lease, or release your name, address, telephone number, email address, or other personal data without your consent. Press Ganey does not contribute to or participate in cooperative databases, which give other companies access to such personal information.
To provide a secure environment that is protected from unauthorized third-party access, alteration, theft, or misuse Press Ganey uses industry-standard technology including encryption and firewalls to protect personal information gathered online. To enable us to provide a secure environment, Press Ganey may use personal information internally to diagnose problems or to contact you if necessary.
Press Ganey’s corporate Website (http://www.pressganey.com) collects and stores only personal information that clients and visitors knowingly provide.
Press Ganey Community (“Community”) Websites (https://www.pressganey.com/forum) collect and store only personal information that clients and visitors knowingly provide. Any information you choose to share when using any of these forums or functions becomes public information.
Press Ganey Briefings is a monthly email. If you no longer wish to receive Press Ganey Briefings, you may opt out by clicking “Unsubscribe” at the bottom of the Briefings email.
INTELLECTUAL PROPERTY PROTECTION
Press Ganey is a knowledge-based company and will protect its intellectual property to the fullest extent possible under the law. Press Ganey expressly reserves all protections for its proprietary material including copyright, trademark, trade dress, patent, and trade secrets. Any violation, infringement, or misappropriation of Press Ganey intellectual property should be immediately reported to firstname.lastname@example.org or to your Press Ganey representative.
All content on this Website and affiliated Websites, are owned by Press Ganey and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes, but is not limited to all software, compilations of content, search functions, photographs, graphics, logos, text, buttons, page layouts, audio, and video. You are permitted to use the Website for legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Press Ganey. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to email@example.com. If you print, copy, modify, download, or otherwise use any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of Press Ganey intellectual property inconsistent with this agreement requires prior written consent by Press Ganey. Violations, infringements, and misappropriations of Press Ganey intellectual property will be prosecuted to the fullest extent of the law.
PRESS GANEY COMMUNITY
The Press Ganey Community (“Community”) contains message boards, forums, bulletin boards, and other interactive features, which allow Users to post, submit, publish, display, or transmit content or materials to other users (collectively "User Contributions"). All User Contributions must comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Press Ganey, retain full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by Press Ganey, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Press Ganey. Any User Contribution posted to the Website will be considered non-confidential and non-proprietary, and Press Ganey reserves the right to use, copy, distribute, and disclose such information to third parties.
Press Ganey has no legal obligation to monitor the content of the Community. Press Ganey may monitor the Community to facilitate business relationships; however this conduct shall not be construed to impose a legal obligation to control the content posted in the Community. For the benefit of the User’s participation in the Community is contingent on adherence to the following restrictions:
- POSTS MUST CONFORM TO THE ESTABLISHED STRUCTURE – The Community allows for a virtually unlimited number of topics, Press Ganey has imposed a limited structure to ease navigation to desired topics. Users shall use their best efforts to follow the structure of the Community. If no posts cover the specific question; Users are encouraged to start a new thread for that subject within the appropriate area. Moderators may move threads that are more appropriately covered elsewhere to a different section.
- POSTS MUST BE RELEVANT TO THE DISCUSSION – Users are prohibited from posting distracting, inappropriate, or off topic responses. Spam postings will not be tolerated and may result in immediate revocation of User’s access to the Community. The Community is not to be used for commercial purposes or to generate business leads.
- USERS MUST BE RESPECTFUL – Posts containing racist, profane, obscene, or inflammatory statements directed at individuals, communities, or the general public will not be tolerated. Press Ganey will remove such posts either in whole or in part. The Community is for professional discourse; as such Users are expected to act as professionals. Introduction of statements regarding religion or politics, while not prohibited, should be worded respectfully and done with caution.
- THIS IS A PUBLIC FORUM – By posting Users have forfeited any and all expectations of privacy and ownership of the content of their posts. This content may be re-used, reproduced, disseminated, published, retained, and transmitted at the discretion of Press Ganey. Authorship of content will generally be recognized in the reproduction, unless Press Ganey is in receipt of written request for content to remain anonymous from the User, or when it is Press Ganey’s interest to conceal the authorship. Under no circumstances whatsoever will any User be compensated for Press Ganey’s use of any posted content.
- COMMUNITY POSTS ARE NOT MEDICAL OR LEGAL ADVICE – While many topics may relate to, depend on, or appear to be medical and/or legal advice, no post shall be construed as medical and/or legal advice. All Users must consult their respective medical and legal representatives for their relevant professional opinions. Despite User’s potential professional capability to offer advice in a legal and/or medical capacity, Press Ganey expressly prohibits such action.
Moderators have complete discretion on the maintenance, review and content policing regarding the Community. Posting guarantees Users no rights of publication or continued display, Press Ganey may alter or eliminate any or all aspects of the Community at its sole discretion.
Press Ganey encourages a vibrant online Community. Contributions by Users increase the value of the Community and expand the available community knowledge. If Users feel their activity in the Community is being limited due to the aforementioned restrictions, please contact firstname.lastname@example.org or email@example.com.
Press Ganey expressly reserves the right to remove or modify any materials posted by Users at its sole discretion. Violations of the aforementioned policies may result in termination of User privileges, not necessarily limited to the Community. Repeated or flagrant violations by a User will result in termination of that User’s Community privileges. Any violation that constitutes illegal conduct will be reported to the appropriate legal authority, along with Press Ganey’s action to terminate User access.
CONTRACTUALLY RELATED PARTIES
A Contractually Related Party, is one that has pre-existing and independent business relationship with Press Ganey, those parties will be referred to collectively as “Client” regardless of the technical structure of the contractual agreement. Nothing within these Terms of Service should be construed as to be in conflict with other contractual arrangements; these Terms of Service shall govern any conflict between contractual obligations.
Client specific reports and data analyses created by Press Ganey for Client resulting from a contract will be the exclusive property of Client when and where it is obtained from Client through a secure login and clearly designated for that Client. Press Ganey maintains ownership of the “Press Ganey Knowledge Base”. The “Press Ganey Knowledge Base” means Press Ganey’s questions, methodologies and protocols, comparative and benchmark databases, software, and any related documentation generated by Press Ganey, including all survey scores. Press Ganey understands that Client will allow Press Ganey limited access to certain survey respondent information, which is the sole property of Client. Data which has been stripped of identifying indicators, as specified by the Health Insurance Portability and Accountability Act of 1996, and incorporated into Press Ganey’s comparative or benchmark databases shall cease to be Client information and shall become part of the Press Ganey Knowledge Base. Press Ganey owns the Press Ganey Knowledge Base and grants to Client a non-exclusive, non-transferable license to use the Press Ganey Knowledge Base for purposes of the agreed upon relationship between Client and Press Ganey.
Client may use Data Files provided by Press Ganey for internal purposes only and not for the benefit of any third person or entity. Client may only share, disclose, or transmit the Data Files to a person who is an employee of their organization or has a contractual relationship with their organization within the context of further analysis of their own performance. The data and information may not be used in a manner that combines any of the information in the Data Files with other information to generate benchmarks. Data Files may not be shared with other organizations that provide satisfaction/experience/engagement measurement reporting tools, services, or other activities similar to that of Press Ganey.
Client shall receive all necessary and proper consents to conduct patient satisfaction surveys, informational surveys, and any other surveys related to the contractual relationship.
GOVERNING LAW & JURISDICTION
These Terms of Service and any dispute or claim arising from them will be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. United States federal law will apply where and when applicable. Nothing in this contract shall be construed to permit or require conduct contrary to the domestic laws of any nation for the actual use of the Website in that nation.
Any legal suit, action, or proceeding arising out of these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, the City of South Bend, and County of St. Joseph, although Press Ganey retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver of these Terms of Service by Press Ganey shall be effective as to any other breach. Failure to prosecute a claim of breach for one action does not constitute waiver of that breach, and may be brought at a latter point in time or in conjunction with a subsequent breach.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, in conflict with any other binding legal agreement between the parties, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
This Website is operated by Press Ganey Associates, Inc. 404 Columbia Place, South Bend, Indiana 46601. Any notices required under these Terms of Service should be sent to: Press Ganey Associates, Inc., Attn: Legal Affairs 404 Columbia Place, South Bend, IN 46601
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.