Terms of Service

By your use, access or viewing of the Press Ganey Web site, and affiliated web sites (the “web site[s]” or “site”), you (the “User”) are bound by the conditions and terms set forth in this agreement (“Agreement”).

Scope of Agreement

The terms and conditions of this Agreement are legally and mutually binding upon both end Users and Press Ganey Associates, Inc. (“Press Ganey”) and govern your use of the web site. This Agreement represents a contract providing mutual benefit to both parties in exchange for valued consideration.

This Agreement may be changed periodically to protect both the business and individual interests of all parties, or at the discretion of Press Ganey. Questions may be sent to legal@pressganey.com. The terms and conditions of this Agreement may be changed at the sole discretion of Press Ganey. Users will be bound by the version of this agreement posted at www.pressganey.com; Users are encouraged to check the Terms of Service regularly to understand the obligations for which they are bound.

Definitions

For the purposes of this Agreement, “Data” will be defined as any content contained on any Press Ganey web site. The term “web site” shall include any web page within the pressganey.com domain, any affiliated web pages, any web page of a legal subsidiary of Press Ganey and any page with a link to this Agreement.

License & Web Site Access

Press Ganey hereby grants you, the User, a license to use, access and view these web sites, 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. Any use by another individual or entity will result in a new contractual relationship with that person or entity and this agreement will remain applicable.

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.

Under no circumstances shall a User, use this site for:

Selling, distributing, or any form of commercial exploitation of content gathered from any affiliated web site;
Data analysis beyond the scope of the contractual relationship between you and Press Ganey, specifically prohibiting: data mining, extraction tools, web bots, web crawlers or other extraction or automated data gathering;
Decompiling and/or recompiling data is strictly prohibited;
Selling, renting, leasing, lending, or transferring any services or content provided on this site;
Disrupting this site by any form from its primary purpose;
Methodical attempts to access restricted content;
Accessing the web site for anything other the primary purpose of the web site.

YOU MAY NOT USE THIS WEB SITE FOR ANY ILLEGAL PURPOSE.

The web site contains both public and restricted domains; Press Ganey’s authorization to view any portion of the web site provides Users no grounds for access to other portions of the web site. User access to web site content is at the complete discretion of Press Ganey. Certain areas of the web site require account creation and subsequent User login. Users are responsible for maintaining the confidentiality of their user accounts including their passwords associated with their Press Ganey accounts. Users shall agree to be held solely responsible to Press Ganey for all activities that occur under their account. Following Press Ganey requirements for password creation and periodic modification shall not remove the liability to Users for unauthorized actions taken under their account. If you believe that your password or account has been compromised or that unauthorized Users have accessed your account, Users must immediately contact Press Ganey.

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.

Additional restrictions of conduct apply in conjunction with the use or participation in the Press Ganey Community.

Links to third Party Web Sites

The Press Ganey web site, and affiliate websites, may contain links to websites and domains (“Third Party Web Sites”) outside of the control of Press Ganey. Press Ganey is not responsible in any way for the content or any harm arising there from, for any Third Party Web Site. Press Ganey provides these links as a convenience for the User for informational purposes only, and disclaims any duty to monitor or maintain the links. Press Ganey’s inclusion of a link on its web site shall not, and must not be construed in and of itself as an endorsement of that web site 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 Web Sites regarding products or services. Before purchasing or using third party products or services Users must independently investigate and evaluate whether the product or service meets your needs. User shall fully and completely hold harmless Press Ganey for any product or service acquired from a Third Party Web Sites.

Press Ganey encourages Users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site.

Disclaimer & Limitation of Liability

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 web site is strictly presented “as is” for the User, with the individual User solely and completely responsible for use of the web site’s content. Further, we expressly disclaim warranties of accuracy, completeness, non-infringement, web site availability and suitability for all web sites content found on any and all web site pages. Press Ganey is not responsible for any content, associated express or implied representations or warranties, or any web site linked from the Press Ganey web site to any outside domain.

Neither party shall be liable for any losses arising out of the delay or interruption of its performance of its obligations under this Agreement due to any act of God, war, terrorism, civil disturbance, court order, natural disaster or any other cause beyond the reasonable control of the affected party (“force majeure”).

Press Ganey will not be liable to user for claims arising from use of the this site for any indirect, incidental, consequential, exemplary, punitive or special damages, including without limitation penalties, lost savings, profits or revenue, regardless of the form of the action or theory of recovery, even if that party has been advised of the possibility of those damages.

Press Ganey makes no representations or warranties concerning, and assumes no liability for the infringing or non-infringing nature of any intellectual property which may appear on the site, but is owned by a third party.

Warranty

The information on the Press Ganey web site and affiliated sites is provided “as is.” Users expressly acknowledge that your access or use of the information is at User’s sole risk.

Indemnification

The Users agree to indemnify, defend and hold harmless Press Ganey and any affiliated corporate entity and Press Ganey’s respective employees, directors, officers, subcontractors, agents or other members of its workforce from, and against, all actual and direct losses, liabilities, fines, penalties, costs or expenses including reasonable attorneys’ fees which may arise out of the User’s conduct under this Agreement for which Press Ganey would be liable in law or equity to a third party.

Privacy Policy

Press Ganey Associates, Inc. and all affiliates (“Press Ganey”) respect the privacy of all patrons who use our web sites. Our Privacy Policy reflects our intent to protect the private information of all Users of our web sites. We urge you to please read this privacy policy, together with the terms and conditions, as it will form the basis for your use of Press Ganey’s web sites.

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.

By accessing and using this web site you will be deemed to have read and accepted the terms and conditions, together with the practices set out in this privacy statement.

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.

Press Ganey's corporate web site (http://www.pressganey.com) collects and stores only personal information that clients and visitors knowingly provide.

Press Ganey Community web sites (https://www.pressganey.com/forum) collects and stores 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.

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 Briefings is a monthly email Press Ganey sends containing useful information. 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 legal@pressganey.com or to your Press Ganey representative.

All content on this site, including affiliated sites, is the intellectual property of Press Ganey. This includes all software, compilations of content, search functions, photographs, graphics, logos, text, buttons, page layouts, etc., and is protected under U.S. and foreign law. The Trademarks and Service Marks of Press Ganey enjoy full protection under U.S. and foreign law.

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

Press Ganey recognizes the value of online collaboration and social networking among health care professionals. The Press Ganey Community (“Community”) is owned and operated by Press Ganey and the use, participation and access to the Community is subject to the terms and conditions of this agreement. 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.
USERS ARE RESPONSIBLE FOR THEIR POSTED CONTENT – Users shall not violate intellectual property laws while posting to the Community. By posting, uploading, inputting, attaching, providing, or submitting content Users explicitly warrant and represent that the providing User owns or controls the content’s applicable property rights. While Press Ganey owns all content on the web site and Community posts, Users are expressly liable for any post that is in violation of state or federal law. Any legal repercussion arising from posts or use of the Community is explicitly covered in the above Indemnification paragraph, and Users will be solely responsible for their action. Any judgment by a court against Press Ganey arising from a Community post will be fully and completely indemnified against Press Ganey by the User.
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 compensation be owed for Press Ganey use of any posted User 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. Any action taken by Users arising from posts in the Community is solely the responsibility of the User, and fully indemnifies Press Ganey from any legal recourse by the User or any third party.

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.

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 this Agreement should be construed as to be in conflict with other contractual arrangements; this agreement 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 HIPAA, 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. Client shall indemnify, defend and hold harmless Press Ganey’s, including employees, directors, officers, subcontractors, agents or other members of its workforce (“indemnified party”) from and against all actual and direct losses, liabilities, fines, penalties, costs or expenses (including reasonable attorneys’ fees) which may arise out of the failure to receive, document, or establish consent where Press Ganey would be liable in law or equity.

Press Ganey expressly disclaims any loss or liability that may arise from Client’s use of Press Ganey web site or other services, including but not limited to, reimbursements from state or federal government entities, to private parties, insurance companies, or other third parties for medical services provided. Loss of revenue shall include less than full payment for services rendered either individually or collectively, any decline in payment schedules due to value based purchasing measurement determinations or patient satisfaction outcomes, and shall include decreases in services rendered or any loss of market share.

Disputes, Choice of Law, & Venue

This Agreement, for all substantive law, will be governed by and construed in accordance with Indiana state law. 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 web site in that nation.

For any legal claim or dispute directly or indirectly arising from your use of the web site, your rights and obligations and all actions contemplated by these terms and conditions shall be governed by the laws of the state of Indiana, as if the contract were wholly entered into and wholly performed in the state of Indiana.

Waiver

No waiver by Press Ganey hereto of any breach of this Agreement 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.

Severability

In the event that any one or more of the provisions of this Agreement or any word(s), phrase(s), clause(s), sentence(s), paragraph(s) or other portion(s) thereof shall be deemed to be unenforceable or invalid for any reason, such provision(s) or portion(s) shall be modified or deleted in such a manner so as to make this Agreement, as so modified, valid and enforceable.

Notice

Any notices required under this Agreement will be sent to the address listed below.

Press Ganey Associates, Inc.
404 Columbia Place
South Bend IN 46601
Attn: Legal Affairs.
Fax: 574-245-3933

Entire Agreement

This Agreement constitutes the entire understanding between Press Ganey and the User with respect to the terms and conditions regarding use of pressganey.com and affiliated web sites and may not be modified, except through written mutual agreement. Requests for modification can be sent to legal@pressganey.com.