Terms & Conditions

The TriState Patient Safety Foundation, Inc. (TPSF) and Patient Safety and Risk Solutions (PSRS) in consideration of the subscription fee paid by you or your institution, will grant you permission to use and access the TPSF Shoulder Dystocia Education Program, software, and content if you agree to the terms of this Agreement as follows:

OWNERSHIP

The Licensed Materials are the sole and exclusive property of TPSF and PSRS. By indicating that you accept the terms herein, you do not become the owner of the Licensed Materials, but are entitled to use them according to the terms of this Agreement.

PERMITTED USES AND PROHIBITIONS

The intellectual property, including without limitation any and all rights under copyright, in the Licensed Materials is owned by TPSF and its partner PSRS. Copying of the Licensed Materials or any part thereof, inclusion in other software, reverse engineering, or modifications are expressly forbidden. No part of the Licensed Materials may be copied for resale or other commercial use, or posted on public bulletin boards, web sites, Internet domains, or online chatrooms.

RESTRICTION AGAINST TRANSFER

You may not sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials.

USE OF PROFESSIONAL JUDGMENT

The editors and authors of the TPSF Shoulder Dystocia Education Program have conscientiously and carefully tried to create the educational program and protocols that conform to the standards of professional practice that prevailed at the time of creation. It is also noted that the authors made every effort to see that no inaccurate or misleading data, opinion, or statement appear in this program. Accordingly, the authors, editors, publisher and their respective employees, officers, and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement. Additionally, standards and practices in medicine change as new data becomes available and the individual medical professional should consult a variety of sources in making clinical decisions for individual patients. It is understood that medical care is best delivered through the individual judgment of the provider as may be applicable to a specific situation., This program does not establish standards of care or hold out to be a sole medical or legal authority.

REPRESENTATIONS OF SUBSCRIBING ORGANIZATION

By registering and accepting the terms of this Agreement, the initial Site Administrator on behalf of the Subscribing Organization and all its Members, and each Member on its individual behalf, hereby represents and warrants to TPSF/PSRS that: a. s/he is the duly authorized Site Administrator or Member of the Subscribing Organization and has the authority and legal capacity to register and accept these Terms on behalf of the Subscribing Organization and to bind the Subscribing Organization thereto, and/or to register and accept the same on his/her own behalf and to be bound thereby; b. all Members are at least 18 years of age, or are at least thirteen (13) years of age and have parental permission to establish a Site and/or use and access the Services; c. (i) the Subscribing Organization and its Members are eligible to establish a Site and to become Members, (ii) the Subscribing Organization and its Members accept and agree to be bound by these Terms, and the Subscribing Organization will take all steps necessary to ensure that its Members so accept and are bound by the same, without limitation or qualification, and (iii) the Subscribing Organization and Members will regularly review these Terms, and in the event of any change, the Subscribing Organization's or Member's failure to promptly discontinue use of the Services and Site will be deemed to indicate the agreement of the Subscribing Organization, on its own behalf and on behalf of its Members, and of its Members to accept and be bound by such changes.

LINKS TO THIRD PARTY SITES

The links in this site will direct you away from TPSF’s site. The linked sites are not under the control of TPSF and TPSF is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. TPSF is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TPSF of the site. TPSF does not make any representations regarding the content or accuracy of materials on such third party websites. Each party agrees to take all commercially reasonable steps required to provide for protection of the other party from damages related to acquisition of a computer virus. Neither party assumes any responsibility and shall not be liable for any damages that may result from the acquisition of any virus that may infect the other party’s computers, equipment or other property.

COPYRIGHT NOTICE

Copyright © 2007 TriState Patient Safety Foundation, Inc. 1528 Eureka Road, Suite 102, ROseville, CA, USA. All rights reserved.

TRADEMARKS

TPSF/PSRS and all TPSF/PSRS products referenced herein are either trademarks or registered trademarks of TPSF. Other product and company names mentioned herein may be the trademarks of their respective owners.

DISCLAIMER - NO WARRANTY

NEITHER TPSF/PSRS NOR ANY OTHER PARTY MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED "AS IS". ALL WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE LICENSED MATERIALS.

DISCLAIMER - LIMITATION OF LIABILITY

IN NO EVENT WILL TPSF/PSRS OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION, OR MARKETING OF THE LICENSED MATERIALS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, BUSINESS INTERRUPTION, COPYRIGHT OR FOR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF TPSF OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TPSF OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOUR INSTITUTION PAID FOR THE LICENSED MATERIALS.

GENERAL

If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by TPSF/PSRS. TPSF/PSRS’s waiver of any right shall not constitute a waiver of that or any other right in the future. This Agreement shall be governed by and construed in accordance with the laws and in the state and federal courts of the State of California, USA. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. Should you have any questions regarding any Disclaimer, you may contact PSRS at the email address or telephone numbers set forth below.

Shoulder Dystocia Education Program – support@psrisk.com
TriState Patient Safety Foundation – info@tristatepsf.org