Pro-Change Behavior Systems, Inc. is giving you an easy-to-understand End User License Agreement (EULA). We’ve summed up the take-home-messages you must know if you wish to use our software products. 

1. Who can use Pro-Change products? We provide products for a variety of end users. Users must know about the risks, benefits, and limits of our products as described in this EULA and on our websites. 

2. You use Pro-Change at your own risk. Pro-Change products are supplied “as is.” That means that there could be errors in the software program. That may result in: 

You use our products at your own risk. 

3. What we expect. Pro-Change welcomes feedback on issues and concerns about our products. We think that such feedback is helpful in making our products better. You can send feedback through the email and/or phone number listed on our website. 

That said, Users who act in certain ways will not be allowed to keep using our products. For example, Users who: 

Treat us as you would like to be treated, and we’ll do the same. 

4. What if you don’t abide by this EULA? We have the right to turn off access to our program, with or without notice to you, your Employer or your group (if access is provided through your Employer or through a group). That said, we will try to solve any disputes before we take back your right to use our program.  

Except with your consent, Pro-Change will not use your name, likeness or any other data that could identify you. Your data will only be used in a group report that does not include your name or other data that could identify you or other people in your group who use the Pro-Change products.  

5. What if we don’t abide by this EULA? You have the right at any time to stop using our products. 

Okay, now the information written in a manner which allows lawyers to deal with the details of the above…

 

Terms and Conditions

By using the Pro-Change Training Programs, or any of the applications, services, programs, installers, utilities, contained files, databases, or integrated third-party products (herein collectively referred to as the “Program”), or by using any services offered by Pro-Change Behavior Systems, Inc. (“Pro-Change”), you agree that you have read, understood, agree to, and will abide by, all terms of this Agreement. We recommend you read this Agreement completely as you are agreeing to the terms of this agreement as well as agreeing to our online User agreement when you create a User account or use any portion of the Program or related Pro-Change services. 

You agree that this Program and associated services is intended to serve as a rapidly accessible, concise initial resource and not as a complete reference resource. It does not include information concerning every process, program, therapeutic agent, diagnosis, laboratory or diagnostic test or procedure available. The Program is not intended as a substitute for direct involvement with medical professionals, nor is the Program intended to be a substitute or replacement for professional medical diagnoses.  Neither Pro-Change, nor related interfaced third party providers, directly or indirectly practice medicine or dispense medical services or advice and, as such, assume no liability for data or function contained in this Program or services, or its use. You assume full responsibility for the appropriate use of medical information and/or recommendations contained in the Program and agree to hold Pro-Change Behavior Systems, Inc., and its third party providers harmless from any and all claims or actions arising from your use of the Program. 

Account Creation

Individuals, Businesses, employers and other group representatives (Sponsor Organization) are eligible to create accounts for its Users to access the Program.  Users have been provided access information for use of Pro-Change products.  A User’s account and log-in information is personal to the User and may only be used by such User consistent with the terms hereof.   Sharing of account and log-in information is a basis for termination of a User’s access. 

Through the Program, Sponsor Organization representatives may access aggregated, de-identified data pertaining to the use of seats by its Users.  This data includes, but is not necessarily limited to: (1) the number of “seats” being used by its Users; (2) the gender demographics of the individual seat Users per each behavioral change program; and (3) a list of training programs utilized by Users.  Sponsor Organization representatives have agreed that it is their sole responsibility to notify their Users of its access to aggregated de-identified data pertaining to the use of seats by its Users.   

By accessing Pro-Change products, each User hereby acknowledges that he/she has been notified of such access and agrees to the use of such data by the Sponsor Organization representative that has facilitated the User’s access to Pro-Change products. 

Good Standing
Pro-Change Behavior Systems, Inc. provides the Product for individuals and businesses wishing to use our products and who understand the risks, benefits, and limitations of our products as described herein and on our websites. 

In addition, Pro-Change Behavior Systems, Inc. encourages open discussion of issues and concerns regarding our software through the contact email and phone number set forth on our website. In fact, constructive criticism is considered a critical means for improving our software and services and is not considered to be inappropriate. 

That said, Users who act in a manner that is deemed by Pro-Change Behavior Systems, Inc. to be detrimental to the ability of Pro-Change Behavior Systems, Inc. to provide software and services to all clients equally, or those whose actions are detrimental to the continuing well-being of the company will be considered to NOT be in Good Standing, and may have their license(s)/right(s) to use the Program and services revoked. 

Examples of such unacceptable behavior include (but are not limited to) Sponsor Organizations or Users that don’t pay the required fees, Users who behave in a manner that our staff finds to be inappropriate or threatening, Users who post comments about Pro-Change or related services that are false, and Users who use our software or services in a manner other than which they are intended. 

Users acting in a way deemed to be inappropriate will be notified that their behavior or action is considered disruptive and an attempt to correct such behavior shall be encouraged. However, Pro-Change Behavior Systems, Inc. may terminate this license with or without notice to a User as described in the Term section below. 

Support

Support for Pro-Change is NOT included with the Program. Any support provided, whether purchased or not, is done at the sole discretion of Pro-Change Behavior Systems, Inc. and is covered by this EULA, including the No Warranty and Limitation of Liability sections below. 

No Warranty

THE PROGRAM AND SERVICES ARE PROVIDED "AS IS." PRO-CHANGE BEHAVIOR SYSTEMS, INC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY, CLINICAL EFFICACY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROGRAM OR SERVICES.   PRO-CHANGE BEHAVIOR SYSTEMS, INC. DOES NOT WARRANTY ANY PARTICULAR OUTCOMES FOR ANY INDIVIDUAL USER OF THE PROGRAM.  YOU ASSUME ALL RISK OF USE. NO WARRANTY IS GIVEN THAT THE PROGRAM OR SERVICE WILL BE ERROR-FREE, FREE OF VIRUSES, OR THAT IT WILL NOT ADVERSELY AFFECT YOUR COMPUTER OR OTHER PROGRAMS ON YOUR COMPUTER. PRO-CHANGE BEHAVIOR SYSTEMS, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM OR SERVICES WILL MEET YOUR REQUIREMENTS OR GENERATE DESIRED RESULTS, OR THAT THE OPERATION OF THE PROGRAMS OR SERVICES WILL BE UNINTERRUPTED. 

Limitation of Liability

PRO-CHANGE BEHAVIOR SYSTEMS, INC. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED ARISING OUT OF THE USE OR THE INABILITY TO USE THE PROGRAM OR SERVICES, OR OUT OF DATA PRODUCED BY THE PROGRAM, ANY LOSS OF DATA, OR ARISING FROM ANY BREACH OF A REPRESENTATION OR WARRANTY, OR FOR ANY CLAIM BY ANY THIRD PARTY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF PRO-CHANGE BEHAVIOR SYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.  PRO-CHANGE BEHAVIOR SYSTEMS, INC.’S MAXIMUM LIABILITY FOR ANY REASON WILL BE TO REFUND THE AMOUNT YOU ACTUALLY PAID TO IT IN THE 1 YEAR PERIOD PRECEDING THE DATE OF THE CAUSE OF ACTION GIVING RISE TO THE CLAIM CONCERNED. THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK THAT IS REFLECTED IN THE FEES FOR WHICH PRO-CHANGE SOFTWARE, SERVICES, SITE AND/OR CONTENT IS MADE AVAILABLE BY PRO-CHANGE BEHAVIOR SYSTEMS, INC., WITHOUT WHICH THE AVAILABILITY AND/OR PRICE OF WHICH WOULD NECESSARILY DIFFER FROM THOSE OFFERED BY PRO-CHANGE BEHAVIOR SYSTEMS, INC. 

Confidentiality

“Confidential Information” means any information (without regard to the medium on which such information may be recorded, whether written, visual, audio, graphic, computerized or otherwise) concerning or relating to your property, business affairs and patients and specifically includes data transmitted from your computer(s) to Pro-Change Behavior Systems, Inc.’s servers. Confidential Information shall be held in confidence by Pro-Change Behavior Systems, Inc. and shall be used only for the purposes provided for in this Agreement. Pro-Change Behavior Systems, Inc. shall use the same degree of care to safeguard your Confidential Information as it utilizes to safeguard its own Confidential Information. The terms of this provision shall apply to Pro-Change Behavior Systems, Inc.’s confidential information which comes into your possession. 

PRO-CHANGE BEHAVIOR SYSTEMS, INC. WILL KEEP YOUR data (including, but not limited to, contact information, billing information, and answers to behavioral change questionnaires), CONFIDENTIAL. Pro-Change Behavior Systems, Inc. WILL NOT sell, trade, transmit, or provide any clinical information to insurers, pharmaceutical companies, attorneys, governmental agencies, or any other third-party except with your expressed permission. Pro-Change Behavior Systems, Inc. requires all its Users to review, understand, agree with, and comply with HIPAA regulations (described below). The confidentiality of any and all clinical records is mandated at all times. 

Pro-Change Behavior Systems, Inc. may comply with any subpoena or similar order related to data on its server, provided that Pro-Change Behavior Systems, Inc. notifies you promptly upon receipt thereof, unless such notice is prohibited by law. 

Pro-Change Behavior Systems, Inc. WILL NOT USE AD-WARE, SPY-WARE, or other mechanisms that may compromise confidentiality of records or intentionally damage the integrity of the medical records or content on your computer. 

HIPAA Requirements

Pro-Change Behavior Systems, Inc. will comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. 1320d (“HIPAA”) and any current and future regulations promulgated there under including without limitation the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the “Federal Security Regulations”), the federal security standards contained in 45 C.F.R. Part 142 (“Federal Security Regulations”), the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as “HIPAA requirements,” and the Health Information Technology for Economic and Clinical Health Act (“HITECH”) contained in Title XIII of the American Recovery and Reinvestment Act of 2009. Pro-Change Behavior Systems, Inc. agrees not to use or further disclose any Protected Health Information (as defined in 45 C.F.R. Section 164.501) or Individually Identifiable Health Information (as defined in 42 U.S.C. Section 1320d), other than as permitted by HIPAA Requirements and terms of this Agreement. Pro-Change Behavior Systems, Inc. will make its internal practices, books, and records relating to the use and disclosure of Protected Health Information available to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations. 

Property

This Program and all related materials are the copyrighted property of Pro-Change Behavior Systems, Inc.   Except as noted below, the Program and all intellectual property rights therein are owned by Pro-Change Behavior Systems, Inc.  You are authorized to use the Program for your own internal use.  You are prohibited from selling, leasing, or licensing the Program or any portion thereof to any unauthorized party, or using it to process the work of any other party.  You are prohibited from creating derivative works based on the Program without written permission from Pro-Change Behavior Systems, Inc. You are prohibited from disassembling or reverse engineering the Program, or removing any copyright notice from it.  You may only make copies of the Program for backup or archival purposes.  It is your responsibility to ensure that anyone who has authorized access to the Program complies with the provisions of this Agreement. 

Term

The duration of Users’ access to Pro-Change products is governed by the terms of agreement between Pro-Change and the User. In addition to termination pursuant to this Agreement, Users’ access may be terminated without notice to Users in the event of expiration or termination of such other agreements. 

Miscellaneous 

If you violate any terms of this Agreement, Pro-Change Behavior Systems, Inc. may immediately and without notice terminate your license to the Program and any services provided by Pro-Change Behavior Systems, Inc. or third-party providers. 

This Agreement is nontransferable, nonexclusive, and only within the United States and its territories. 

This Agreement shall be governed in accordance with the laws of the State of Rhode Island, excluding its conflicts of laws principles.  Any action relating in any way to this Agreement or the use of the Program shall be brought only in the state or federal courts located in the State of Rhode Island, and by accepting this Agreement, you further consent to the personal jurisdiction of such courts for said purposes. 

In the event that a provision of this Agreement is determined to violate any law or is unenforceable, the remainder of this Agreement shall remain in full force and effect. 

No failure or delay on the part of Pro-Change Behavior Systems, Inc. in exercising any right hereunder will operate as a waiver of, or impair, any such right, or any other right of Pro-Change Behavior Systems, Inc. 

This license is updated from time to time and the most up-to-date version is posted at training.prochange.com/pages/terms. Providing you agree to abide by the latest version of this license as posted at the link above, the End Users License Agreement will be considered to automatically renew on the first day of the year (January 1) in perpetuity until terminated by you, the sponsor organization or Pro-Change Behavior Systems, Inc. in accordance with the Termination section above. 

(EULA date: 09-06-2021)