Last updated: September 6th 2023
DO NOT USE THE SERVICES TO COMMUNICATE OR MANAGE MEDICAL EMERGENCIES. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY YOU SHOULD CALL 911 IMMEDIATELY OR SEEK OTHER APPROPRIATE MEDICAL ASSISTANCE.
Creative Play Company is proud to offer The Patient Safety Experts –podcast and other content for users’ benefit and information via patientsafetyexperts.com (the “Content”). “Website,” “site” or similar terms means this website, with a home page located at www.patientsafetyexperts.com, and all subordinate pages. The Website will allow you to learn more about the Content, as well as purchase special access to the Content, subject to the terms and conditions of these Terms. The Website and Content, and all information and materials contained in or offered thereby, are collectively referred to as the “Services.”
THE SERVICES AND ALL CONTENT CONTAINED THEREIN ARE THE PROPERTY OF CREATIVE PLAY COMPANY, ITS AFFILIATES AND RELATED ENTITIES (INCLUDING LLC), AND ITS LICENSORS AND ARE PROTECTED BY INTERNATIONAL AND U.S. COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS. CREATIVE PLAY COMPANY TAKES THE INFRINGEMENT OF ITS INTELLECTUAL PROPERTY RIGHTS VERY SERIOUSLY AND RESERVES ALL RIGHTS TO TAKE APPROPRIATE ACTION TO TERMINATE ANY SUCH INFRINGEMENTS.
Not Medical Advice
The information on any Creative Play Company website or online presence, including patientsafetyexperts.com and the Content, and including all texts, graphics, images, or other material, is for informational purposes only and may not be appropriate or applicable to your individual circumstances. The Services do not provide medical, professional, or licensed advice and are not a substitute for consultation with a health care professional. You should seek medical advice from a qualified healthcare professional for any questions. Do not use the Services for medical diagnosis or treatment. None of the content on the Services represents or warrants that any particular device, procedure, or treatment is safe, appropriate, or effective for you. To the extent that Creative Play Company provides any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness.
Your reliance on any information on the Services is solely at your own risk. Creative Play Company makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness, or quality of any information on the Services. We reserve the right to withdraw or amend the Services, and material we provide on the Services, in our sole discretion without notice.
The Services are intended for use by adults who are 18 years of age or older. By accessing or using the Services, you represent and warrant that you are at least 18 years of age and otherwise meet all of the eligibility requirements contained herein.
Based in U.S.
Creative Play Company is located in the United States (U.S.). Creative Play Company makes no representations that the information or materials on or linked through the Services are appropriate or available for use in other locations. Those who choose to access or use the Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so. By interacting with or submitting information via the site, you consent to the transfer to and processing of such data in the U.S. The Services offered thereby are not intended to subject Creative Play Company to any non-U.S. jurisdiction or law. If you believe you are entitled to any additional rights under any non-U.S. laws or regulations, please contact us at legal[at]patientsafetyexperts.com.
Non-Commercial Use; Intellectual Property Ownership
Subject to your compliance with these Terms, Creative Play Company grants you a nonexclusive, personal, nontransferable, revocable, and limited license to access and view the Services, including any Content materials, for your personal, non-commercial use. Creative Play Company does not grant you permission to represent that, by your access and use of the Services, you are affiliated with, a representative of, or authorized to act on Creative Play Company’s behalf.
The materials on this website, including all website design, text, graphics, information, trademarks, service marks, trade names, photographs, testimonials, videos, content or other materials displayed on or that can be downloaded from this website, belong to Creative Play Company, its affiliates, parent companies, or related entities, or a third party licensor to us and are protected by U.S. and international copyright and other intellectual property laws. Creative Play Company is committed to exercising any remedies available to it to protect its intellectual property rights and will seek to terminate any infringing conduct.
You may access and use the materials provided via the Services solely for your personal, non-commercial use. If the Services allow you to e-mail, download, or print a copy of the materials on the Services, you must also include all copyright, trademark, and other proprietary notices that are in the materials and you are strictly prohibited from distributing or sharing any such copies with any other individual or third party. Such downloading or copying is permissible only in accordance with any terms provided in connection with the fair use doctrine under U.S. Copyright laws and these Terms. You are not authorized to post, share, transmit, distribute, publish, copy, or display, or permit any third party to post, share, transmit, distribute, publish, copy, or display, any videos or content contained in the Services in or on any other website, mobile application, internet account, social media account, or other online platform. You are not authorized to modify or change the Services materials in any way, and you hereby assign to Creative Play Company any and all rights you may acquire or have in any modifications to any of the Services materials.
You may not, and may not permit any third party to, reproduce or publicly display, perform, or distribute or otherwise use any materials or information on the Services for any public or commercial purpose. You may not, and may not permit any third party to, remove, obscure, or otherwise deface proprietary notices appearing on any content, including copyright, trademark, or other intellectual property notices.
As between you and Creative Play Company, all rights, title and interest in and to the Services, including all content, videos, graphics, text, software, brochures, guides, and other information, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights, therein are and will remain the sole and exclusive property of Creative Play Company, its affiliates or related entities, and our licensors, partners, contributors and vendors. No ownership interest is transferred to you or any other entity by virtue of making the content available on the Services or granting the foregoing licenses.
Restrictions on Website Use
In connection with the Services, you must not: (i) transmit, or otherwise make available through or in connection with the Services, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software, or routine that interferes with the Services; (iii) interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services; (iv) use any automatic device, process, or means to access the Services for any purpose, including monitoring or copying content or data on the Services; and (v) otherwise attempt to interfere with the proper working of the Services. Creative Play Company reserves the right to terminate access to any or all features of the Services at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Accessing the Services and Password Responsibilities
From time to time, we may restrict users’ access to some parts of the Services. Creative Play Company does not make any representations or guarantees regarding uptime or availability of the Services.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services.
Your account credentials are personal to you. You are not authorized to allow any third party, including any person or entity on your behalf, to access any protected areas of the Site using the credentials assigned to you. If you make your login information available to others, they will be able to view information available to you and communicate with other users as if they were you. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or log-in credentials. If you suspect any unauthorized access or use of your account, you shall immediately change your password and inform Creative Play Company of the suspected unauthorized activity (contact information is below). Creative Play Company reserves the right to refuse service, terminate accounts or credentials, or remove or edit content at any time with or without notice.
No Endorsement of Health Care Providers
The Services may feature contributions or content provided by doctors or other health care providers (each a, “Health Care Provider”). Creative Play Company allows Health Care Providers to make information and content available via the Services for your information and convenience only. Creative Play Company does not investigate or verify any of the information provided by a Health Care Provider. Contact or other information, including background, education, licensure, scope of practice or clinical expertise, regarding a Health Care Provider may be incomplete, inaccurate, or out of date. Health Care Providers are not the agents, employees, or partners of Creative Play Company or any of Creative Play Company’s affiliates or subsidiaries. Creative Play Company is not responsible or liable for any relationship between you and any Health Care Provider. Although the Services may include comments or endorsements from Health Care Providers, we also do not endorse Health Care Providers providing an endorsement, comment, or other content. In no event will Creative Play Company be liable to you for any direct, indirect, special, or other consequential damages arising out of your reliance or use of any information from a Health Care Provider whose name or other information appears on the Services.
Your Comments, Postings, and Ideas
If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Services, you hereby grant us a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, create derivative or collective works, and distribute them in any medium, in whole or in part, including all intellectual property rights therein, and agree that we are free to use them for any purpose.
Links to Other Websites
The Services may permit you to make a purchase to become a “Member” with special access to the Content (each an “Order”). We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities of Orders purchased per person or per household. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or mailing address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by medical professionals, resellers, or persons, entities, or organizations that appear to compete with Creative Play Company and/or use the Content in violation of these Terms.
Payment is due prior to providing you access to the Content. Your total cost for any Order will include the processing fees and/or taxes shown at the time you submit the Order. All fees paid in connection with an Order are non-refundable.
Creative Play Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Content (or any part thereof) with or without notice. We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Prices for the Content are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the Services, or by notifying you using the contact information you have provided in connection with your Order or account.
Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the Order has been confirmed and your credit card or other payment mechanism charged. Creative Play Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Content.
Creative Play Company will provide access to the Content in a form and format that is in the sole discretion of Creative Play Company. Due to licensing restrictions that may apply to the Content, or the content or offerings contained therein, Creative Play Company reserves the right to remove, modify or replace any specific content (such as, without limitation, text, images, photographs, or videos) of the Content in its sole discretion, without notice or liability to you.
Payments; Receipt of Funds
In order to make a payment via the Services, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a payment and that you have all authority necessary to make a payment using the credit card or payment mechanism that you submit. By submitting such information, you grant Creative Play Company the right to provide such information to third parties for the purposes of facilitating your payment. You acknowledge and agree that Creative Play Company is not responsible for how any third party credit card or other payment method processor transmits, stores, uses or shares your information.
Payment and Cancelation
Portions of the Services may permit you to “Subscribe” or make other payments. For subscriptions, you may provide notice of subscription cancelation at any time. Your subscription cancelation notice is effective upon the first day of the next monthly billing period, and you will continue to have access to the applicable content for the current monthly billing period. Monthly fees are paid in advance and are non-refundable. We do not provide partial refunds for portions of a month, even if you give notice of cancelation in the middle of a month. For example, if you sign up and pay for a subscription on 6/09, you will have access until 7/09 when you will be billed again unless you have cancelled. As such, if you cancel on 6/12, you will not be charged again but will have access for that entire period you paid for. If you cancel on 7/10, you would have been charged the day before, but again will have access until 8/09. No refunds are available in these or any other situation. Yearly fees are paid in advance and are nonrefundable. We do not provide partial refunds for portions of unused months, even if you give notice of cancelation in the middle of a year. As such, you will not be charged again but will have access for the entire period you paid for (the remaining months within your prepaid annual term). No refunds are available in these or any other situation.
While we take reasonable measures to protect your information, we cannot give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information or view such information in transit over the Internet and/or through email or other methods. By submitting information to Creative Play Company, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so; however, in such case, you may not be able to make use of the full functionality of the Services. You agree that Creative Play Company is not responsible or liable for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
Communicating with You
You agree that we may communicate with you through any and all contact information and methods you provide to us, including but not limited to text message, email, telephone, social media account, fax, and/or postal mail.
Disclaimer Of Warranties, Indemnification, And Limitation Of Liability
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL ACCESS TO THE SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. CREATIVE PLAY COMPANY DOES NOT ASSUME ANY RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATIONS EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES OR DOWNLOADING ANY OF ITS CONTENT.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, CREATIVE PLAY COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THE SERVICES OR ANY INFORMATION PUBLISHED ON THE SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU, YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, WILL CREATIVE PLAY COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, ARISING UNDER THE THEORY OF LAW, STATUTE, REGULATION, OR RULE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, ACCESS, REVENUE OR PROFITS, OR PERSONAL INJURY/WRONGFUL DEATH. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASES AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF EARLY MEDICAL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CREATIVE PLAY COMPANY. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
SOME STATES DO NOW ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CREATIVE PLAY COMPANY AND ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE GREATER OF: (I) $100, OR (II) AMOUNT OF FEES PAID BY YOU TO CREATIVE PLAY COMPANY IN THE PRECEDING TWELVE (12) MONTHS.
Governing Law and Statute of Limitations
Any claims relating to, and the use of, the Services are governed by the laws of the State of Louisiana, without giving effect to any choice or conflict of law provision or rule.
For enforcement of any arbitration award, or in the event arbitration is not permitted or required, then for any claim or action that may be submitted to any court, by using the Services, you consent to personal jurisdiction in the federal and state courts of Louisiana, which will have exclusive jurisdiction for any action arising out of or relating to the Services or your use of the Services. Such claim or actions shall be instituted exclusively in the federal or state courts located in the City of New Orleans, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Before seeking any legal remedy for any harm you believe you have suffered arising from or related to your use of the Services, you agree to inform us in writing and give us 30 days to cure the harm before initiating any action. You must indicate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
No Class Actions
Contact Information & Notices
We may deliver notices to you by electronic mail, social media account or similar platform, a general notice on the Services, or by written communication delivered by First Class U.S. Mail to your address on record with us.
The Services is operated by Creative Play Company LLC 5208 Magazine St, Suite #253 New Orleans, LA 70115
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: legal[at]patientsafetyexperts.com.
Creative Play Company takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Creative Play Company
5208 Magazine St Suite #253 New Orleans, LA 70115 legal[at]patientsafetyexperts.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
If you believe that material you posted on the Services was removed, or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Service may be found) and that you will accept service from the person (or an agent of that person) who provided the Service with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA
A couple of final, but important, points. First, these Terms constitute the entire agreement between you and Creative Play Company and govern your use of the Service, except for, and then only to the extent that you have entered into a Separate Agreement. These Terms supersede any prior agreements or earlier versions of these Terms between you and Creative Play Company for the use of the Service as of the Effective Date indicated at the top of these Terms. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.