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.
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.
- 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.
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.
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.
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 legal@pressganey.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 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 legal@pressganey.com or community@pressganey.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.
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.
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.
All other feedback, comments, and other communications relating to the Website should be directed to: legal@pressganey.com.
- A description of the copyrighted work(s) that you claim have been infringed;
- A description of the allegedly infringing material, including its location on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your email address, telephone number, and mailing address;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Your notice must meet the then-current requirements implemented by the DMCA. Contact information for our designated agent for notice of claims of copyright infringement is: