PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By tapping "Accept", you, on behalf of yourself and any entity on whose behalf you access or use this app (collectively, "you"), agree to be legally bound by the Terms of Use for this app (the "Agreement"), and this Agreement will constitute a contract between you and the Leapfrog Group ("Leapfrog"). If you are accessing or using this app on behalf of an entity, you represent and warrant to Leapfrog that you are authorized to accept this Agreement on such entity's behalf, and that such entity agrees to indemnify you for violations of this Agreement.
You are being granted access to the information contained on this app in order to enable you to compare hospitals by viewing the results of the Leapfrog Hospital Safety Score (the "Safety Score") initiative. The Safety Score grades hospitals on their overall performance in keeping patients safe from preventable harm and medical errors by using grade of A, B, C, D or F. The grades are derived from expert analysis of publicly available data using evidence-based, national measures of hospital safety, including data reported through CMS Hospital Compare, the Agency for Healthcare Research and Quality, the Centers for Disease Control and Prevention, The Leapfrog Hospital Survey and secondary data sources. The measures include process, structural and outcomes measures. The measures have been put into two domains - process/structural and outcomes - with each domain receiving an equal weight of 50% to make up the overall Hospital Safety Score. Nearly 2700 hospitals will be receiving a grade but certain hospitals will not, including critical access hospitals, specialty hospitals, pediatric hospitals, hospitals in Maryland and territories exempt from public reporting to CMS and other hospitals where adequate data is not available. Unless otherwise agreed upon in writing between you and Leapfrog, you may use the grades only for your personal or internal, noncommercial use and must not reproduce, republish, distribute, modify, reverse engineer or otherwise exploit the Hospital Safety Score or this app in whole or in part, in any manner not expressly permitted by this Agreement. Your access to this app is subject to the Terms of Use.
This Agreement was last updated on November 27, 2012.
1. Safety Score and Conduct
a. This app provides you, among other things, with access to the results of the Hospital
Safety Score. You agree to use the app and its contents solely in accordance with this
Agreement. You agree not to interrupt, or attempt to interrupt, the operation of the app
or any part of it in any way.
b. You further agree that you will not (a) "frame" or "mirror" any part of the app without
Leapfrog's prior written authorization or distribute any part of the app through an RSS
or similar feed; (b) use the information on the app to engage in activities that would
violate any fiduciary relationship, any applicable local, state, national, or
international law, or any governmental regulations; or (c) express or imply that
any statements you make are endorsed by Leapfrog, its affiliates or its members.
The app may contain links and pointers to sites on the Internet that may be maintained
by third parties. Such links do not constitute an endorsement by Leapfrog, its
affiliates or its members of any third-party website or any materials contained therein.
Leapfrog, its affiliates and its members are not responsible for, and do not control,
the availability, accuracy or privacy policy of such third-party websites or any information,
content, products or services accessible from such websites.
2. Intellectual Property Rights
a. As between you and Leapfrog, the Hospital Safety Score and all Intellectual Property
Rights (defined below) therein are owned by Leapfrog. You must not reproduce, republish,
distribute, modify, reverse engineer or otherwise exploit the Hospital Safety Score or
this app in whole or in part, in any manner not expressly permitted by this Agreement
and must not remove or modify any copyright or trademark notice, or other notice of
ownership. As between you and Leapfrog, Leapfrog will retain exclusive ownership of the
Hospital Safety Score and the ideas embodied therein, and if you make any modification of
the Hospital Safety Score in violation of this Agreement, you will, and hereby do, assign
to Leapfrog all of your rights, title, and interests in and to such modifications and all
Intellectual Property Rights therein. You acknowledge that the Hospital Safety Score
constitutes the proprietary trade secrets of Leapfrog. You may not allow anyone other
than yourself to access or use the Hospital Safety Score and must not repost, retransmit
or otherwise distribute the Hospital Safety Score, in whole or in part, to any party,
except as expressly permitted herein.
b. All rights not explicitly granted to you and licensees under this Agreement will
remain with Leapfrog. Unless explicitly stated herein, nothing in this Agreement will
be construed as conferring any license to Intellectual Property Rights of Leapfrog,
whether by estoppel, implication, or otherwise.
c. "Intellectual Property Rights" means all intellectual property rights of any kind or
nature however denominated throughout the world, including, without limitation all
copyrights, patents, patent applications, trade secrets, inventions, proprietary know-how,
registered and unregistered trademarks, registered and unregistered service marks, domain names,
registered and unregistered trade names, rights of privacy and publicity, moral rights, and
database rights.
d. In partial consideration of Leapfrog providing this app, you agree that all Intellectual
Property Rights and all ownership of any ideas, modifications, enhancements, improvements,
inventions, works of authorship, or any other suggestions you or any of your personnel provides
to Leapfrog relating to this app or the Hospital Safety Score will be, and are hereby, assigned
to Leapfrog and shall be the sole and exclusive property of Leapfrog.
a. You may announce and display your Hospital Safety Score letter grade only; you may not publish or display the underlying numerical value via web, print, or other media. Only the most recent grade assigned by The Leapfrog Group may be used. You may not change the format or display of any Hospital Safety Score grades.
b. The Hospital Safety Score measures patient safety. You must not state or imply that the Hospital Safety Score measures or describes any other quality, e.g., patient satisfaction, quality of care provided, overall performance, etc.
c. You must not state or imply that your hospital is safer than other hospitals unless the statement is qualified to indicate the concept "as measured by the Hospital Safety ScoreSM." Preferred language would be, "X Hospital received a higher Hospital Safety ScoreSM letter grade than the letter grades received in the [date] update by other hospitals in our community."
d. You should give credit to The Leapfrog Group and link to the Hospital Safety Score website (www.hospitalsafetyscore.org) where possible and appropriate.
e. If part of a multicampus organization or part of a multihospital system, you must make clear that the Hospital Safety Score grade(s) apply only to specific campuses or to specific hospitals and not to the entire organization or system.
f. You may not republish the Hospital Safety Score grades of other individuals or entities (though you may republish the Leapfrog regional average grade for your region as designated by Leapfrog).
g. When disseminating the Hospital Safety Score data via a one-time mechanism such as a newsletter article, you must use the most recent Hospital Safety Score grades at the time of publication. You must post the date on which the grades were calculated wherever the grades appear.
h. You must post the following footer wherever the grades appear: "Note: The [Leapfrog] Hospital Safety ScoreSM grades hospitals on data related to how safe they are for patients. For more information, visit www.hospitalsafetyscore.org."
i. You may not distribute the Hospital Safety Score grades, in whole or in part, to any third party or use the Hospital Safety Score grades on behalf or for the benefit of any third party.
j. You may not publish or use the logo or mark of The Leapfrog Group or the Hospital Safety Score in any communication, internal or public.
k. You may not publish or use the Hospital Safety Score grade in any hospital signage, through broadcast and radio advertisements, in paid print and online advertisements, and through marketing materials. You must sign a Marketing License to do any of the foregoing.
If you are not such an individual or entity, you may publish Hospital Safety Scores so long as you comply with the following terms and conditions:
a. You may not change the format or display of any Hospital Safety Score grades.
b. When disseminating the Hospital Safety Score data via a one-time mechanism such as a newsletter article, you must use the most recent Hospital Safety Score grades at the time of publication. You must post the date the grade was calculated wherever the grade appears.
c. You must post the following footer wherever the grade appears. "Note: The [Leapfrog] Hospital Safety Score grades hospitals on data related to how safe they are for patients. For more information, visit www.hospitalsafetyscore.org."
d. You must use the mark "Hospital Safety ScoreSM" and "The Leapfrog Group®" in full in conjunction with any display of the Safety Score. You must not otherwise use the mark "Leapfrog" or any other Leapfrog trademark, or service mark in any manner without Leapfrog's prior written consent, which consent may be withheld in Leapfrog's sole discretion.
e. Your publication must not have the purpose of promoting any particular recipient(s) of the Hospital Safety Scores and you must not receive any compensation directly or indirectly from the recipient of the Hospital Safety Scores (or its affiliates or related entities) in connection with such publication, and you must remove from such materials any content identified by Leapfrog as its confidential information.
f. The Hospital Safety Score measures patient safety. You must not state or imply that the Hospital Safety Score measures or describes any other quality, e.g., patient satisfaction, quality of care provided, overall performance, etc.
g. You should give credit to The Leapfrog Group and link to the Hospital Safety Score website (www.hospitalsafetyscore.org) where possible and appropriate.
h. You may not distribute the Hospital Safety Score grades, in whole or in part, to any third party or use the Hospital Safety Score grades on behalf or for the benefit of any third party.
The Hospital Safety Scores are not intended to be the only or primary means for your evaluation of the quality of hospitals and are not intended to be a substitute for professional medical advice, diagnosis or treatment, nor are they intended to be relied upon as advice or a recommendation, or an endorsement about which hospitals to use. You are solely responsible for any and all decisions or actions with respect to your medical treatment. Neither Leapfrog nor its affiliates are responsible for the quality of the medical treatment that you receive from any healthcare provider. Never disregard, avoid or delay in obtaining medical advice from your doctor or other healthcare professional because of something you have read on the app. By using the app, you accept all responsibility for the exercise of your informed judgment in your use of or reliance upon the app and the information contained therein. Leapfrog does not recommend or endorse any specific hospitals, physicians, tests, products, procedures, opinions or other information that may be discussed or identified on the app.
To the extent that any jurisdiction does not allow the exclusion or limitation of indirect, incidental or consequential damages, portions of the above limitation or exclusion may not apply.
b. This Agreement, the rights and obligations hereunder, and any claims or disputes relating thereto, will be governed by and construed in accordance with the laws of the District of Columbia without regard to the principles of conflicts of laws. Any claim, suit or action arising under or relating to this Agreement must be brought and maintained exclusively in courts located within the District of Columbia. The parties hereby agree that such courts will have exclusive personal and subject matter jurisdiction over any such claim, suit, or action. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION TO ENFORCE OR DEFEND ANY RIGHT UNDER THIS AGREEMENT OR ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED OR TO BE DELIVERED IN CONNECTION WITH THIS AGREEMENT OR ARISING FROM ANY RELATIONSHIP EXISTING IN CONNECTION WITH THIS AGREEMENT, AND AGREE THAT ANY ACTION WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
c. This Agreement constitutes the entire agreement between you and Leapfrog relating to this subject matter, and cancels and supersedes any prior versions of this Agreement. No modification to this Agreement will be binding against Leapfrog, unless in writing and signed by an authorized Leapfrog representative. You may not assign, sublicense, delegate or otherwise transfer this Agreement or any right granted hereunder.
You acknowledge that it will be impossible to measure the damages that would be suffered by Leapfrog if you fail to comply with this Agreement and that in the event of any such failure, Leapfrog will not have an adequate remedy at law. Leapfrog shall, therefore, be entitled in addition to any other rights and remedies to obtain specific performance of your obligations hereunder and to obtain immediate injunctive relief without having to post a bond. You shall not urge, as a defense to any proceeding for such specific performance or injunctive relief, that Leapfrog has an adequate remedy at law.