These Terms of Use (“Terms”) regulate your access and use of the services and tools provided by Healthcare Safeware® (sls.technology). Please read these Terms carefully before accepting the provisions contained within them. By accessing Healthcare Safeware® or utilizing its services, you agree to be bound by these Terms as well as our Privacy Policy and Acceptable Usage Policy which are contained within these Terms.

Unless otherwise stated in your organization’s Master Service Agreement (“client”), this is a binding agreement between HB Healthcare Safety (“us”) and you the (“user”) in accessing and using Healthcare Safeware® (“the system”) under. The Terms of Use is organized into the following sections: (a) Limitations of Liability; (b) Intellectual Property Rights; (c) Terms of Use; (d) Privacy Policy; and (e) General Provisions

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.

  

  1. Copyright

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.

  1. Trademarks

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®

~Healthcare Safeware®

~GRAC3E™

~SPIR4IT™

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.

  1. Using and Sharing Content

The materials provided within Healthcare Safeware® including but not limited to the training materials, reporting outputs, opportunities for improvement, and your organizations data and learnings are intended to be shared internally within your organization and among the Safety Learning System Collaborative. By accepting the Terms of Use, you acknowledge that sharing learnings and data are essential components of healthcare innovation and improvement. You also recognize that sharing information must be done in a respectful manner to safeguard patient protected health information (PHI), user information, and our copyright restrictions.

  1. 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.

  1. 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.

  1. 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”).

You may view training documents, download for caching purposes only, and print pages for personal use only subject to the restrictions outlined below and throughout the Terms of Use. Data reports may be downloaded and redistributed within your organization for the sole purpose of disseminating knowledge for educational purposes.  If content is expressly made available for redistribution purposes, it may only be redistributed within your organization.

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”).

  1. 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.

  1. 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. 

  1. Accessibility

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.

  1. 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.

1.Passwords

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.

  1. Indemnity & Consequences

You hereby indemnify us against any damages, costs, damages, liabilities and expenses incurred or suffered by us arising out of any breach by you of any provisions of these Terms. If you breach these Terms of Use in any way, HB Healthcare Safety in its sole and absolute discretion may: (a) send you a formal warning; (b) temporarily suspend your access to the system; (c) permanently terminate your access to the system and/or delete your account; and/or (d) bring court proceedings against you for breach of contract when reasonably appropriate.

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.

  1. Reporting Violations

Any user who believes that another user’s use of Healthcare Safeware® is in violation of these Terms of Use, they may contact HB Healthcare Safety by using the Help Desk under “Support” in Healthcare Safeware®. Users can also contact HB Healthcare Safety with concerns through the website (hbhealthcaresafety.org) by using one of the “Contact Us” forms located on the home page and “Contact Us” page.

  1. Law & Jurisdiction

Unless otherwise stated in your organization’s Master Service Agreement, Our Terms of Use will be governed and interpreted by laws of the State of Minnesota, United States. Any disputes or violations relating to these terms and conditions will be submitted to any state or federal court located in Saint Paul, Minnesota. Our failure to enforce the rights or provisions of these Terms will not be considered a waiver of those rights.

  1. Variations

HB Healthcare Safety holds the right to revise and edit these Terms of Use at our discretion at any time. Revised Terms of Use will supersede previous provisions from the date of publication. Users will be notified of any changes to these Terms of Use immediately following publication of them on sls.technology. All new revisions will require your acceptance again for continued use of Healthcare Safeware®.

  1. Severability

If the provisions of these Terms of Use are determined to be unlawful or unenforceable by a court of law or by another competent authority, these terms will be deleted. The remaining provisions within the Terms of Use will continue in effect and will remain enforced.

These terms and agreements, together with our privacy policy, and unless otherwise stated in your organization’s Master Service Agreement, will constitute the entire agreement between you and us in relations to your use of sls.technology and supersedes all previous agreements in respect to your use of Healthcare Safeware™.

By accepting these Terms of Use, you indicate that you understand and that you consent to uphold all the terms and conditions of this agreement. If you do not agree to all of the terms contained in the Terms of Use, you should not use sls.technology. Any violation of the Terms of Use after accepting may result in legal action or termination of your access.

If you have any questions or concerns regarding our terms of use, please send us a detailed message to safeware@hbhealthcaresafety.org. We will make every effort to resolve your concerns.

HB Healthcare Safety, SBC
_________________
Red Wing, Minnesota 55066-4525

Email Address: safeware@hbhealthcaresafety.org

Telephone number: (507)316-1118

Effective as of October 17, 2020