Last updated: April 12, 2025
The following Terms of Use (the “Terms”) is between Sapient Clinician LLC (“Sapient” or “we“) and you (“you” or “your”), the person using the website sapientclinician.com and any assessment, course, materials, or other content on the Site (all collectively referred to in these terms as the “Services”).
The following Terms, together with any documents incorporated by reference in these Terms, govern your access to and use of the Services. Please read these Terms carefully before you start to use the Services.
By using any of the Services or by clicking to accept or agree to these Terms, you are accepting and agreeing to be bound by these Terms, as well as Sapient’s Privacy Policy (the “Privacy Policy”).
If you do not agree to these Terms or Sapient’s Privacy Policy, you are not permitted to access or use the Services in any way.
These Terms remain in full force and effect while you use the Services. These Terms may be amended without notice to you. Your continued use of the Services in whole or in part following the posting of revised Terms means that you accept and agree to the changes.
USE OF THE SITE AND ACCOUNT SECURITY
All educators, learners, and all other users of the Services are referred to in these terms as “users.” Certain users may also be subject to an end-user license agreement with Sapient.
Educators are permitted to use the Services for creating and evaluating learner scenarios and assessments. The scenarios may be assigned to learners in a particular course. Educators may also submit their scenarios to a public scenarios library on the Site and may otherwise share the scenarios with other educators.
Learners are permitted to use the Services to complete the assigned assessments. The transcript of the learner’s work, including questions, answers and other information created from a learner’s assessment, are saved within the applicable course and may only be viewed by the course instructors and other users at the organization with higher-level access.
The Services are provided for educational purposes only. All assessments, scenarios, analytics, and other patient or medical information posted to and used on the Site must be fictitious. No actual medical or patient information may be used on the Site, and the Services should never be used to assist in the diagnosis of a real patient.
To access the Services, all users will be asked to create an account and provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to Sapient is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise is governed by Sapient’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with this Privacy Policy.
All users must treat their username and password as confidential. You are responsible for all activities that occur under your account. You may not share your account or password with anyone, and will not let anyone else access the Services via your account. You agree to notify Sapient immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
SAPIENT’S INTELLECTUAL PROPERTY RIGHTS
The Sapient Clinician name, trademark, logo, and all related names, logos, product and service names, designs, and slogans are Sapient’s trademarks or Sapient’s affiliates or licensors. You must not use such marks without Sapient’s prior written permission. Any other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
The Services and its entire contents, features, and functionality, including without limitation all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Sapient, Sapient’s licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Sapient. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
EDUCATOR ASSESSMENTS & USER CONTENT
The Services will contain assessments and other interactive features that allow users to post, submit, publish, display, or transmit information, content, or materials on or through the Services.
All user content must comply with these Terms. User content will be considered non-confidential and non-proprietary. By providing any content on or through the Services, you grant Sapient (and Sapient’s affiliates and service providers) the right to use, reproduce, modify, display, and distribute the content as set forth in these Terms.
You understand and acknowledge that you are responsible for any user content you submit or contribute, and you, not Sapient, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any user content posted by you or any other user of the Services. User content must in their entirety comply with all applicable federal, state, local, and international laws and regulations.
As stated above, all medical and patient content must be based on fictitious medical or patient information, and no actual patient information or medical records may be posted or used on the Services.
Sapient may remove or refuse to post any user content for any or no reason in Sapient’s sole discretion; take any action with respect to any content that we deem necessary or appropriate in Sapient’s sole discretion if we believe that such content violates these Terms; infringes any intellectual property right or other proprietary right; threatens the personal safety of users; or, could otherwise create liability for Sapient. However, we do not undertake to review content before it is posted on the Services and assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
OWNERSHIP OF YOUR CONTENT
You represent that you own all rights to the content posted, or, you have the proper license or other consent to use and post the content.
Except with respect to your content, you agree that you have no right or title in or to any content that appears on or in the Services. Sapient does not claim ownership of your content. However, you grant Sapient a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, and display, your content (in whole or in part) for the purposes of operating and providing the Services. When you post or publish your content on or in the Services, you represent that you have the authority to grant this license to Sapient.
By submitting your content to the Services (via courses, assessments, forums, comments or any other area), you expressly permit Sapient to identify you by your username as the contributor of your content in any publication in any form, media, or technology now known or later developed in connection with your content.
USER CODE OF CONDUCT & INTERACTIONS WITH OTHER USERS
You are solely responsible for your interactions with other users of the Services. You agree that Sapient will not be responsible for any liabilities incurred as the result of such interaction. Sapient is not responsible for and does not control user content. You acknowledge that Sapient has no obligation to pre-screen content. Sapient has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to user content. You use all user content and interact with other users at your own risk.
Do not post, or permit others to post, content on the Services or on your profile that (i) encourages illegal activities, is fraudulent, or is unlawful; (ii) insults, defames, harasses, or threatens others; (iii) violates the legal rights of others, including HIPAA rights, rights of publicity or privacy, copyright, intellectual property, or other proprietary rights of others; (iv) contains obscene, vulgar, pornographic, or libelous material; (v) harms or impersonates others, including Sapient, Sapient’s employees, or other users; (vi) advertises or sells a product or service; (vii) is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age, or any other protected classification; (viii) could otherwise give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms or Sapient’s Privacy Policy.
Do not reproduce content from your course or assessment unless allowed by your teacher or the express copyright terms laid out by your teacher. Do not submit the work of others as your own work. Respect the privacy of other users. Respect the diversity of opinions and cultures that will be presented by other users.
OTHER PROHIBITED USES
As a condition of use, you agree to use the Services only for lawful purposes and in accordance with these Terms. You further agree to not at any time or under any circumstances:
AI GENERATED INFORMATION
The Services use third-party artificial intelligence enabled features (“AI-Enabled Features”). Due to the novel and evolving nature of AI technology, all AI-Enabled Features are offered “AS-IS” without any warranties or guarantees. Please be aware that AI-generated output could include medical information or advice. Educators will have the opportunity to review and correct AI-generated feedback. We will endeavor to enable privacy and security controls made available to us by AI third-party service providers, however, we are not responsible for the quality, accuracy, effectiveness, safety, or security of AI-generated output. All users must carefully review all AI-generated output before using it.
TERMINATION; ACCESS TO SERVICES
We may terminate your use or access to the Services, or otherwise withdraw or amend the Services in Sapient’s sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to part or all of the Services.
We may disable any username, password, or other identifier, whether chosen by you or provided by Sapient, at any time in Sapient’s sole discretion for any or no reason, including if, in Sapient’s opinion, you have violated any provision of these Terms.
Sapient has the right, in its sole discretion, to remove any of your content for any reason (or no reason), including if such content violates the Terms or any applicable law. Although Sapient does not generally monitor user activity occurring in connection with the Services, if Sapient becomes aware of any possible violations by you of any provision of the Terms, Sapient reserves the right to investigate such violations, and Sapient may, at its sole discretion, terminate your license to use the Services, or change, alter or remove your content, in whole or in part.
If you use the Services to commit or attempt any criminal offense, including without limitation any violation of any applicable federal, state, local, or international law or regulation, we may disclose information about you, including your identity and other personal data to law enforcement authorities, immediately terminate your right to use the Services, and take any other lawful actions necessary or required.
All terminations are made in Sapient’s sole discretion, and Sapient shall not be liable to you or any third-party for any suspension or termination of your account or deletion of any content. Termination of the Services includes removal of access to and barring of further use of the Services. Termination may also include deletion of your password and all related information, files and content associated with your account. Upon termination, your right to use the Services will automatically terminate. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
CLAIMS OF COPYRIGHT INFRINGEMENT
Sapient respects user’s intellectual property rights. Sapient will terminate access and use of any user who repeatedly infringes copyright, upon receipt of valid notice to Sapient of the infringement as outlined below. If you believe your work has been copied or used on Sapient in a way that constitutes copyright infringement, please send us written notice containing the following information: (1) a description of the copyrighted work you claim has been infringed; (2) a description of the location on the Site or how the material you claim is infringing is being used on the Site; (3) your contact information (address, phone and e-mail); (4) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright. Please send the above information to: support@sapientclinician.com.
DISCLAIMER OF WARRANTIES
All information, assessments, statements, or other materials, and all responses to such assessments, statements, materials, and any other third party content are solely the responsibility of the user providing them. We are not liable or responsible to you or any third party for the content or accuracy of any materials posted to the Site or otherwise provided by any third parties.
To the extent that there are any links to other sites and resources provided by third parties, these are provided for your convenience only. If you decide to access any of the third-party websites linked through the Services, you do so entirely at your own risk and subject to the terms and conditions of use for all such websites.
We cannot and do not guarantee that the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. We make no representations and do not guarantee any particular result or outcome from your use of the Services.
The information presented on or through the Services is made available solely for general educational and information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES OR ON ANY WEBSITE LINKED TO THE SERVICES.
YOUR USE OF THE SITE AND THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THE SERVICES IS AT YOUR OWN RISK. THE SITE AND THE SERVICES AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, ITS CONTENT, OR BOTH.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER OR SERVERS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SAPIENT CLINICIAN LLC, ITS LICENSORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR THE SITE, OR ANY CONTENT ON THE SERVICES OR SITE OR ANY OTHER LINKED WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SAPIENT CLINICIAN LLC, AND ITS LICENSORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, SUCCESSORS, AND ASSIGNS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION) EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
INDEMNIFICATION
You agree to defend, indemnify, and reimburse Sapient, and its members, managers, affiliates, licensors, service providers, employees, agents, successors, and assigns, from and against any claims, demands, injuries, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees), arising out of or relating to your violation of these Terms; your use of the Services; any use of the Services’ content or services other than as expressly authorized in these Terms; and your use of any information provided or obtained through the Services.
GENERAL PROVISIONS
Governing Law and Jurisdiction. All matters relating to the Services and these Terms and any dispute or claim relating to same will be governed by and construed in accordance with the laws of the State of Oregon, without regard to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to the Services or these Terms will be instituted exclusively in the federal or state courts located in the City of Portland and County of Multnomah. You waive all objections to the exercise of jurisdiction over you by and to venue in such courts.
We are based in the State of Oregon in the United States and provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Release. You release Sapient, and their managers, members, representative, and assigns, from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other users or from third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Class Action Waiver. Any lawsuit arising from these Terms or access to or use of the Services will take place exclusively on an individual basis. YOU AGREE THAT ANY CLAIMS AGAINST US MAY BE BROUGHT ONLY IN A PARTY’S RESPECTIVE INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Limitation on Time to File Claims. YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver. No waiver by Sapient of any of these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ours to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
Severability. If any provision of these Terms is held by a court to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Entire Agreement. These Terms and Sapient’s Privacy Policy constitute the sole and entire agreement between you and Sapient regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Contact Sapient. If you have any questions about these Terms or the Services or any other concerns, please contact: support@sapientclinician.com.
