In no event shall HB Healthcare Safety, SBC., nor its directors, employees, partners, partners or affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages or loss, including without limitation loss of data, use, profits or other intangible losses resulting from your access and use or inability to access and use the software and content obtained from the service.
You acknowledge and agree that the content, materials, reports and tools made available in Healthcare Safeware®, including without limitation all text, photos and illustrations, graphics, user and video interfaces, audio and video media, logos, trademarks, design, coding structure and arrangement are protected by copyrights and other proprietary rights and laws. This means you must not sell, modify, reproduce, publicly display, publish, adapt, edit or create derivative products directly from Healthcare Safeware® content or with a similar “look and feel” to that of Healthcare Safeware®. Any violation of these copyright provisions will be met with injunction or other reasonable legal remedies.
HB Healthcare Safety® holds several trademarks that are protected by trademark laws in the United States. These trademarks include:
~HB Healthcare Safety®
~The Safety Learning System®
If your activities are noncommercial, you may use our trademarks by linking to hbhealthcaresafety.org or by discussing our company with others under the condition that you are clear that we, HB Healthcare Safety, are owners of the trademarks. All other uses of our trademarks, unless permissible under pertinent fair use laws in the United States, must receive written approval by HB Healthcare Safety prior to trademark usage.
We give no permission in the following circumstances in which our trademarks are used:
~Within or as a part of your own trademarks.
~To identify non-HB Healthcare Safety products and services.
~In a manner likely to cause confusion about the owner of the trademarks.
~In association with your own activities, services, or products implying endorsement or sponsorship by HB Healthcare Safety.
~In a manner that defames HB Healthcare Safety.
~In a non-HB Healthcare Safety publication, product, or service.
- Using and Sharing Content
- Using and Sharing Client Learnings
The content generated by you, the user, or in relation to the client, is indented to be shared internally across your organization and more broadly within the Safety Learning System Collaborative. The content generated by you includes, but is not limited to, patient case details, opportunities for improvement, and reports. HB Healthcare Safety holds no responsibility in the improper interpretation and dissemination of learnings or data nor assumes liability in the event that client content is stolen.
- Disclaimer of Warranties
The employees, officers, and their successors of HB Healthcare Safety do not warrant, expressly or by implication, nor are they responsible for, the success of clients in implementing and achieving quality improvement projects through the use of Healthcare Safeware® services.
- License to Use
Unless otherwise stated in your organization’s Master Service Agreement, we and our licensors own the intellectual property rights to the content, materials, reports and tools in Healthcare Safeware® (See “Copyright”).
All materials, content, reports and tools make available on Healthcare Safeware® are all subject to the following restrictions:
~You must not republish material from Healthcare Safeware®
~You cannot sell, rent, or sub-license material from Healthcare Safeware®
~You may not duplicate or reproduce or profit from material provided in Healthcare Safeware® for commercial purposes.
~You are not allowed to edit or modify any of the materials in Healthcare Safeware® unless expressly permitted through written consent by us.
~You cannot redistribute material from Healthcare Safeware® with the exception of content that is explicitly made available for redistribution (such as the “reviewer cheat sheet” or “committee member guide”).
- Acceptable Use
You may not use Healthcare Safeware® nor the materials, content, and tools provided by the system in any way that causes, or may cause, damage to the system or impairs the accessibility of the system. You may not use Healthcare Safeware® in any way which is unlawful, fraudulent, illegal or harmful, or in connection with any unlawful, fraudulent, illegal or harmful activity or purpose. You cannot use the system to store, host, transmit, send, use, publish, copy or distribute any material which consists of (or is linked to) any malicious computer software, computer virus, spyware, keystroke logger, or worm. You must not use the system for unsolicited commercial purposes nor for any purposes relating to marketing without the written consent of HB Healthcare Safety.
- Restricted Access
Access to certain features or areas of Healthcare Safeware® may be denied to you because of your role as deemed by your organization, the client. We reserve the right to restrict access to other areas of the system, particular tools, or the entire system, at our discretion.
There may be times when Healthcare Safeware® and its features are unavailable which may be the result of, but not limited to, defects in the software, scheduled or emergency maintenance, or failures of third-party service providers. Unless otherwise stated in your organization’s Master Service Agreement, we do not commit to ensuring that the system will be available at any particular time or repaired in an expedient manner beyond reason.
- Interactive Features
Healthcare Safeware® includes interactives features, such as discussion boards and messaging services, that allow users to communicate with us and other users. You acknowledge that, because of the limited nature of such communication, the information or communications received may be incomplete or inaccurate. HB Healthcare Safety assumes no responsibility for faulty information and/or advice given through discussion boards or messaging by independent users not employed by HB Healthcare Safety. You may not transmit or send commercial material through messaging or discussion boards for marketing purposes or endorsing an outside organization or competitor. Third-party educational materials, such as published academic articles or reputable websites, may be disseminated for the purpose of expanding knowledge so long as the content shared does not conflict with any provisions under these Terms. HB Healthcare Safety is not liable for any losses incurred from malicious, harmful, or illegal materials submitted through interactive features by an independent user.
HB Healthcare Safety is granted access to your email, name, and professional role by your organization when they signed up to use Healthcare Safeware®. Contact the system administrator of your organization if your information is incorrect as your system administrator is the only one granted the permissions to change your information. If you want to deny our access to your personal information or would like to learn more about how your personal information is used, contact the project leadership at your site for more information.
You must notify HB Healthcare Safety® or your site leadership, the client, if you become aware of any unauthorized use of your account or password. You are responsible for any activity, in breach or in compliance with these Terms, arising out of any failure to keep your password confidential. You may be held liable for any losses arising out of such a failure. You are not allowed to use any other person’s user ID and password to access the system. We hold the right to terminate or suspend your account in our sole discretion without notice or explanation.
- Indemnity & Consequences
In the event we do suspect or terminate your account or access to the system, you must not take action to circumvent the suspension or termination including without limitation creating and/or using a different account.
- Reporting Violations
- Law & Jurisdiction