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Please read the Terms of Service carefully before you (the “User”) start to use http://www.theinstituteforinnovation.org. By using, accessing, or viewing the Institute for Innovation’s web site (“The Institute”, “we” or “us”), including any content and functionality, whether as a guest or registered user, the following terms and conditions (“Terms of Service”) apply.  By using the web site, 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 web site. 

SCOPE OF AGREEMENT

These Terms of Service may be changed periodically at the sole discretion of The Institute. Users will be bound by the version of this agreement posted at http://www.theinstituteforinnovation.org.  Users are expected to check the Terms of Service periodically to take notice of the changes to the Terms of Service to which they are bound. Your continued use of the web site following the posting of a revised Terms of Service means that you accept and agree to the changes. Questions may be sent to legal@theinstituteforinnovation.org.

LICENSE & WEB SITE ACCESS

The Institute hereby grants you, the User, a license to use, access, and view the web site, and Internet material. This license is personal, non-exclusive, non-transferable, and revocable at the sole discretion of The Institute with or without cause. You may not assign or sublicense this license to another party.
 
The web site contains both public and restricted domains; The Institute’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 The Institute. Restricted areas of the web site 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 The Institute for all activities that occur under their account and agree to immediately notify The Institute 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 web 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 web 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.

PROHIBITED USES

YOU MAY NOT USE THIS WEB SITE FOR ANY ILLEGAL PURPOSE. You may only use this web site for lawful purposes and in accordance with these Terms of Service. You agree not to use this web site for:

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 web sites;

Disrupting this web 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 web site for anything other their primary purposes.

LINKS TO THIRD PARTY WEB SITES

The Institute’s web site may contain links to web sites and domains outside of the control of The Institute (“Third Party Web sites”); these links are provided for your convenience only. The Institute is neither responsible for the content or resources of Third Party Web sites, nor any harm arising therefrom. Users who access any of the Third Party Web sites linked to this web site do so entirely at their own risk and are subject to the terms and conditions of use for such Third Party Web sites.

The Institute disclaims any duty to monitor or maintain the links. The Institute’s inclusion of a link on its web site shall not, and must not be construed as an endorsement of that web site or any affiliated product. The Institute 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.

DISCLAIMER & WARRANTY

The Institute expressly disclaims any and all representations and warranties. Users are to infer no warranties or representations from The Institute. 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 its content. Further, The Institute expressly disclaims warranties of accuracy, completeness, non-infringement, web site availability, and suitability for all content found on any and all web sites. The Institute is not responsible for any content, associated express or implied representations or warranties, or any Third Party Web site linked from The Institute’s web site.

PRIVACY POLICY

Press Ganey respects the privacy of all patrons who use our web sites. Our U.S. and E.U. Privacy Policies (U.S. – http://www.pressganey.com/privacy.aspx, E.U. – http://www.pressganey.com/euprivacy.aspx) (collectively “Privacy Policy”) reflect our intent to protect the private information of all Users of our web sites. The Privacy Policy should be read together with these Terms of Service as both will define the legal obligations relative to your use of the web site.  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 The Institute 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. The Institute 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, The Institute uses industry-standard technology including encryption and firewalls to protect personal information gathered online. To enable us to provide a secure environment, The Institute may use personal information internally to diagnose problems or to contact you if necessary.

INTELLECTUAL PROPERTY PROTECTION

The Institute is a knowledge-based company and will protect its intellectual property to the fullest extent possible under the law. The Institute expressly reserves all protections for its proprietary material including copyright, trademark, trade dress, patent, and trade secrets. Any violation, infringement, or misappropriation of The Institute intellectual property should be immediately reported to legal@theinstituteforinnovation.org .

All content on this web site is owned by The Institute 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 web site for legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of The Institute. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our web site.

If you wish to make use of material on the web site other than set out in this section, please address your request to legal@theinstituteforinnovation.org  If you print, copy, modify, download, or otherwise use any part of the web site in breach of the Terms of Service, your right to use the web site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of The Institute intellectual property inconsistent with this agreement requires prior written consent by The Institute. Violations, infringements, and misappropriations of The Institute’s intellectual property will be prosecuted to the fullest extent of the law.

GOVERNING LAW & JURISDICTION

These Terms of Service and any dispute or claim arising from them will be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. United States federal law will apply where and when applicable. Nothing in this Terms of Service 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.

Any legal suit, action, or proceeding arising out of these Terms of Service or the web site 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 The Institute 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.

WAIVER

No waiver of these Terms of Service by The Institute 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

If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, in conflict with any other binding legal agreement between the parties, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

NOTICE

Any notices required under these Terms of Service or other feedback, comments, requests for technical support, and other communications relating to the web site should be directed to:  legal@theinstituteforinnovation.org