What are your legal agreements?

You can  find a copy of our privacy policy here, and our End User agreement here.

Here's a copy of them:

T-Res Privacy Policy

We care about our customers' privacy. This means we are as transparent as possible with our security and privacy policy practices.

This Privacy Policy governs the manner in which Resilience Software collects, uses, maintains and discloses information collected from people who use (each, a "User" of) the http://t-res.net website ("Site").

 

Succinct Privacy Policy

  • We will not use your personal information for advertising, marketing, or any purposes other than to support your use of T-Res in your training program.
  • All of your information is kept secure using modern security practices.
 

Personal Identification Information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. When Users are added to the system, some of your personal information is provided to us by your training program. This typically includes your full name and email address.

Non-personal Identification Information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers used and other similar information.

Web Browser Cookies

Our Site may use "cookies" to enhance User experience. Web browsers may place cookies on a User’s computer to keep track of a User while they are logged in and using T-Res. User may choose to configure their web browser to refuse cookies. If they do so, note that some parts of the Site may not function properly.

How We Use Collected Information

Resilience Software collects and uses Users personal information for the following purposes:

  • To contact our customers directly about issues related to T-Res
  • To identify technical problems in the software
  • To improve the T-Res software Users’ email addresses are used to respond to their inquiries, and/or other requests or questions.

How We Protect Your Information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Comparison Reports

We do not provide information about one program to other programs without the program's express permission. Any data used for comparison between programs will be summarized in a report format that is developed in conjunction with participating programs. Only participating programs that have opted to participate and are sharing a discipline template can see this information.

Only program directors and the specified individuals they delegate this task to can see detailed information about residents, staff users or students and their activities.

If you do not wish your data to be used anonymously for research purposes, you may opt out by visiting the Preferences page when you log into the T-Res web site.

Security, Data Backup, and Servers

Resilience Software performs twice daily incremental backups to both local and off-site locations to protect your data. Local backups are rotated weekly and stored in fire-proof safes.

Sharing Your Personal Information

We do not sell, trade, or rent Users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates for the purposes outlined in the How We Use Collected Information Section above.

We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as customer surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Changes To This Privacy Policy

Resilience Software has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of the Site and revise the updated date at the bottom of this page.

We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect.

You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting Us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Resilience Software
http://t-res.net
409-318 Homer St.
Vancouver, BC, Canada, V6B 2V2
Tel: (604) 693-2323 / Toll free: 1 (866) 694-2323
privacy@resiliencesoftware.com
 
 
 
 

TERMS OF SERVICE & BUSINESS ASSOCIATE AGREEMENT

The following terms of service and business associate agreement (these "Terms") govern each user’s ("you" or "your") access to, and use of, the T-Res software application (the "Software"), any web sites through which the Software may be accessed from time to time (collectively, the "Site"), and any other services accessible through the Site (the Software, the Site and the Site services, collectively, the "Services") that are offered by Resilience Software Inc. or its subsidiaries and affiliates (collectively, "Resilience", "we", "us" or "our"). We may update these Terms in the future, and you will be able to find the most current version at https://www.t-res.net/TRes2Server/EULA.

BY CLICKING ON THE "ACCEPT" BUTTON OR BY ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ANY OF THE RELATED POLICIES OR GUIDELINES, INCLUDING ANY SUBSEQUENT CHANGES OR MODIFICATIONS TO THEM.

1. Definitions

In these Terms, the following terms will have the meanings set out below:

  • "Activity Data" means all information and data arising from or relating to the use of the Software by you and will include PHI (as defined in Section 3). Activity Data excludes Meta Data and Discipline Standard Data.
  • "Devices" means the servers and/or clients, including computer workstations, terminals, personal computers, network computers, laptop computers, mobile devices or phones and other similar hardware or devices, on which you may install the Software and access the Services.
  • "Discipline Standard Data" means the Meta Data that allows a Program to use the Software to enter information that is consistent and compatible with other Programs.
  • "Documentation" means all operator, technical and user manuals, training videos, materials, guides, listings, specifications, and other materials for use in conjunction with the Software, whether in hard copy or electronic forms, as may be furnished to you under this Agreement from time to time.
  • "Learner" means a resident, fellow or student in a Program.
  • "Meta Data" means any data relating to the configuration, design, management or consistent use of the Software.
  • "Program" means a training program where one or more Learners are enrolled for educational purposes.
  • "Resilience Parties" means Resilience, its affiliates and their respective employees, directors, officers, contractors and agents.

2. Grant of License

Resilience hereby grants to you a personal, non-exclusive, non-transferable and non-sublicensable license to:

  1. install and use the Services for your internal purposes;
  2. download copies of the Software for installation and use on your Devices;
  3. make an unlimited number of copies of the Documentation, either in hardcopy or electronic form, provided that each copy may be used only for your internal purposes.

You may not (or allow any other party to):

  1. copy, modify, create a derivative work of, reverse engineer, reverse assemble, or decompile the Software, or otherwise make it available in human readable form;
  2. download, save, loan, sell, rent, distribute or otherwise commercially exploit any part of the Software;
  3. modify the Software unless otherwise permitted by Resilience;
  4. remove any patent, copyright, trade secret, trademark or other restrictive and proprietary notices or labels affixed to or contained within the Software;
  5. use the Services to build a similar or competitive product or service or attempt to obtain unauthorized access to the Services; or
  6. disclose any confidential information about the Services, or provide access to the Services, to a third party that provides or is developing a competitive product or service to the Services.

3. Protected Health Information

Resilience will receive, maintain, process and have access to protected health information of your patients ("PHI") as a result of your use of the Services.

  1. Resilience Obligations - Resilience agrees:
    1. not to use or disclose PHI other than as permitted or required by these Terms or as required by law;
    2. to use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by these Terms;
    3. to report to you any unauthorized use or disclosure of PHI of which it becomes aware;
    4. to ensure that any agents and subcontractors to whom it provides PHI agree to the same restrictions and conditions set forth in these Terms with respect to such information;
    5. within twenty (20) days of receiving a written request from you, to make available to you the PHI necessary for you to respond to individuals’ requests for access to PHI about them in the event that the PHI in Resilience's possession constitutes or forms part of a "Designated Record Set" (as defined by applicable law);
    6. within forty (40) days of receiving a written request from you, to make available to you the PHI for amendment, and incorporate any amendments to the PHI in accordance with the applicable federal statutory and regulatory requirements relating to the access, use and disclosure of health information, including without limitation, the Standards for Privacy of Individually Identifiable Health Information, and the Security Standards, collectively codified at 45 C.F.R. Parts 160, 162 and 164 (respectively the "Privacy Standards" and "Security Standards") under the Health Insurance Portability and Accountability Act of 1996, as amended and supplemented;
    7. to make its internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of HHS for purposes of determining your compliance with the Privacy Standards and the Security Standards;
    8. to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic PHI that Resilience receives, maintains, or transmits;
    9. within forty (40) days of receiving a written request from you, to make available to you the information required for you to provide an accounting of disclosures of PHI as required by the Privacy Standards and the Security Standards;
    10. to use reasonable commercial efforts to mitigate any harmful effect from a use or disclosure of PHI by Resilience in violation of the requirements of these Terms;
    11. upon the expiration or termination of these Terms, to return to you or destroy all PHI, including such information in possession of Resilience's subcontractors, as a result of your use of the Services, and retain no copies, if it is feasible to do so. If return or destruction is infeasible, Resilience agrees to extend all protections, limitations and restrictions contained in these Terms to Resilience's use and/or disclosure of any retained PHI, and to limit further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible. This provision shall survive the termination or expiration of these Terms;
    12. to assure that any agent, including a subcontractor, to whom Resilience receives, maintains, or transmits electronic PHI, agrees to implement reasonable and appropriate safeguards to protect such information; and
    13. to report to you any security incident of which it becomes aware with respect to electronic PHI. For purposes of these Terms, "security incident" shall mean the successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. As used in these Terms, "security incident" shall not be deemed to include scanning or enumeration. If a security incident involves successful unauthorized access, use disclosure, modification, or destruction of PHI, Resilience shall be obligated to report such security incident to you by email or in writing as soon as practical, together with sufficient detail to make you aware of the specific PHI that was accessed, used, disclosed, modified or destroyed as a result of such security incident and of the identifiers Resilience has for any patients whose PHI was involved.
  2. Resilience Rights - You agree that Resilience may make any and all uses and disclosures of PHI necessary to perform the Services and, further, Resilience may:
    1. use the PHI in its possession for its proper management and administration and to carry out its legal responsibilities;
    2. disclose the PHI in its possession to a third party for the purpose of Resilience's proper management and administration or to carry out the legal responsibilities of Resilience, provided that: (i) the disclosures are required by law or Resilience obtains reasonable assurances from the third party regarding the confidential handling of such PHI as required under the Privacy Standards and the Security Standards; and (ii) the third party notifies Resilience of any instances of which it is aware in which the confidentiality of the information has been breached;
    3. provide benchmarking services; and
    4. de-identify any and all PHI obtained by Resilience pursuant to your use of the Services and use and disclose such de-identified data as directed by you and the director (including a Program director), all in accordance with the de-identification requirements of the Privacy Standards and the Security Standards.

Except for the provision permitting disclosure of de-identified PHI to your director (including Program director), nothing in these Terms is intended to confer upon any person other than you and Resilience and your respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever.

4. Storage and Transmission of, and Access to, Data

We shall use commercially reasonable efforts to ensure that Data will be safeguarded when stored on Resilience’s network or servers and/or transmitted over the internet, including the use of industry-recognized best practices and technologies for data security and integrity.

You acknowledge that your use of the Services will involve transmission over various network communications facilities or other electronic means that may not be owned or operated by Resilience. Therefore, you agree that Resilience is not responsible for any Activity Data, Meta Data or Discipline Standard Data that is lost, altered, intercepted or stored without authorization during the transmission across networks not owned or operated by Resilience.

Faculty or staff completing evaluations of Learners may see portions of the activities that are entered by Learners. What is visible is determined by the Programs and the Discipline Standard.

Directors can see all information entered by all Learners, faculty, or staff in their Program except for the contents of "Private Notes" fields.

If a Program chooses to host an independent version of the Software, then Resilience no longer has control over storage and access to the Data, and bears no obligation or liability in respect thereof.

5. User Password and Account Information

You may become a registered user of the Site or Services as a Learner, director (including Program director), faculty and staff (each, a "Registered User"). If you become a Registered User, as part of the registration process for the Services you will be required to provide current, accurate identification and other information in order to use the Services. You are responsible for maintaining the confidentiality of your account password, and you are responsible for all activities that occur under your account or accounts. You shall immediately notify Resilience of any unauthorized use of your password or account. You agree that Resilience will not be liable for any loss or damage arising from any failure to provide Resilience with accurate information or any failure of yours to keep passwords or account secure.

6. Proper Purposes

You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms and any applicable laws, policies or guidelines, including the Privacy Standards and the Security Standards.

7. Modifications to the Services

The Services are a product that is constantly evolving. As such, any part of the Services may be modified or discontinued at any time in Resilience’s sole discretion with or without notice, and you agree that Resilience will not be liable to you as a result such modification or discontinuance.

8. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT:

A. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESILIENCE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. RESILIENCE DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED.

C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RESILIENCE OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. Indemnity

You agree to hold harmless and indemnify the Resilience Parties from and against any third party claim arising from or in any way related to your use of the Services or your violation of these Terms. In such a case, Resilience will provide you with written notice of such claim, suit or action.

10. Release

You hereby release the Resilience Parties from claims, demands any and all losses, damages, rights, and actions of any kind including, without limitation, personal injuries, death, and property damage, that are either directly or indirectly related to or arise from your use of the Services.

11. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU EXPRESSLY AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICES. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN THE CONNECTION WITH THESE TERMS AND ANY USE OF THE SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR OTHERWISE, WILL IN NO CASE EXCEED $50.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND RESILIENCE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Notice

You agree that Resilience may provide you with notices, including those regarding changes to these Terms, by email or postings to the Services.

13. Termination

You may discontinue your use of the Services at any time. You agree that Resilience may at any time and for any reason, including a period of account inactivity, terminate your access to the Services, terminate these Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to the Services, your account or any files or other content contained in your account. Sections 3 (Protected Health Information), 8 (Disclaimer of Warranties), 9 (Indemnity), 10 (Release), 11 (Limitation of Liability) and 14 (Miscellaneous) of these Terms will survive expiration or termination.

14. Miscellaneous

Applicable Laws. You are responsible for compliance with all applicable laws.

Entire Agreement. These Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Resilience and govern your use of the Services.

Injunctive Relief. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.

Choice of Law and Forum. These Terms are governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You and agree to submit to the exclusive jurisdiction of the courts located within the City of Vancouver, Province of British Columbia, Canada to resolve all disputes.

Waiver and Severability of Terms. The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section headings in these Terms are for convenience only and have no legal or contractual effect.

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