Terms of Use for Security Risk Assessment Questionnaire & Policies and Procedures Templates
Effective February 16, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SECURITY RISK ASSESSMENT QUESTIONNAIRE. BY ACCESSING OR USING THIS QUESTIONNAIRE, YOU ("USER," "YOU," OR "YOUR") AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS QUESTIONNAIRE.
1. Acceptance of Terms
These Terms of Use constitute a legally binding agreement between you and Angela Wilson Pennisi & Associates, Inc. ("Company," "we," "us," or "our") governing your use of the Security Risk Assessment Questionnaire, Policies and Procedures Templates, and any related guidance, recommendations, or response documentation (collectively, the "Tools and/or Templates"). Your use of the Tools and/or Templates indicates your acceptance of these Terms.
2. Intellectual Property Rights
The Tools and/or Templates, including but not limited to all questions, response templates, templated policies and procedures, remediation guidance, risk assessments, regulatory references, methodologies, formats, structure, and content, is the exclusive intellectual property of the Company and is protected by copyright, trademark, trade secret, and other intellectual property laws. All rights, title, and interest in and to the Assessment Tool remain with the Company.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the Tools and/or Templates solely for the purpose of conducting a self-assessment of your organization's security risks and creating policies and procedures. You may not:
a) Copy, reproduce, modify, adapt, translate, or create derivative works based on the Tools and/or Templates;
b) Distribute, sublicense, sell, rent, lease, or otherwise transfer the Tools and/or Templates to any third party;
c) Reverse engineer, decompile, disassemble, or attempt to derive the methodology or structure of the Tools and/or Templates;
d) Remove, alter, or obscure any proprietary notices, labels, or marks on the Tools and/or Templates; or
e) Use the Tools and/or Templates to create a competing product or service.
3. Scope and Purpose of the Assessment Tools and Templates
The Tools and Templates are designed to provide general educational guidance and assist healthcare practices in conducting a preliminary self-assessment of their security posture and to provide guidance in creating policies and procedures. The Tools and Templates are intended as a starting point for identifying potential security risks and establishing organizational policies and procedures and are not a comprehensive security audit, professional security assessment, compliance certification, legal documents, or legal analysis.
4. No Guarantee of Security or Compliance
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) Use of the Tools and/or Templates does not guarantee security, prevent security breaches, ensure HIPAA compliance, or eliminate all security risks;
b) The recommendations provided are general in nature and may not address all specific risks applicable to your organization;
c) Implementation of any recommendations does not guarantee prevention of security incidents, data breaches, unauthorized access, or regulatory violations;
d) The Tools and Templates are not a substitute for professional security assessments, legal counsel, compliance audits, or cybersecurity services;
e) Regulations, standards, and best practices evolve over time, and the Tools and/or Templates may not reflect the most current requirements;
f) The Company makes no representations or warranties regarding the accuracy, completeness, reliability, or suitability of the Tools and/or Templates for your particular circumstances; and
g) Security and Compliance are an ongoing processes requiring continuous monitoring, updating, and professional expertise beyond what the Tools and Templates provide.
5. Disclaimer of Warranties
THE TOOLS AND TEMPLATES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY. THE COMPANY DOES NOT WARRANT THAT THE ASSESSMENT TOOL WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, SECURE, OR UNINTERRUPTED.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO:
a) Your use of or inability to use the Tools and/or Templates;
b) Any security incidents, data breaches, unauthorized access, or loss of data;
c) Any misunderstanding, misinterpretation, or misapplication of recommendations provided through the Tools and/or Templates;
d) Non-compliance with laws and rules related to Medicare, HIPAA, PCI DSS, or any other applicable laws, regulations, or standards;
e) Regulatory fines, penalties, sanctions, or enforcement actions;
f) Loss of business, revenue, profits, data, or goodwill;
g) Any claims, demands, or lawsuits by third parties, including patients, business associates, or regulatory authorities; or
h) Any other matter relating to the Assessment Tool, even if the Company has been advised of the possibility of such damages.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO ACCESS THE ASSESSMENT TOOL, IF ANY.
7. Waiver and Release of Claims
By using the Tools and/or Templates, you hereby waive, release, and discharge the Company and its officers, directors, employees, agents, and affiliates from any and all claims, demands, causes of action, damages, losses, costs, and expenses (including attorneys' fees) arising out of or in any way connected with:
a) Your use of the Tools and/or Templates or reliance on any information, guidance, or recommendations provided therein;
b) Any security incidents, breaches, or unauthorized access to your systems or data;
c) Any failure to achieve or maintain compliance with applicable regulations or standards; or
d) Any actions or omissions by you, your employees, or third parties following use of the Tools and/or Templates.
8. Not Professional, Legal, or Compliance Advice
The Tools and Templates do not constitute and should not be construed as legal advice, compliance consulting, professional security services, or an attorney-client relationship. The regulatory references and recommendations are for informational purposes only. You are solely responsible for ensuring compliance with all applicable federal, state, and local laws and regulations. You should consult with qualified legal counsel, compliance professionals, and cybersecurity experts regarding your specific circumstances.
9. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
a) Your use or misuse of the Tools and/or Templates;
b) Your violation of these Terms of Use;
c) Your violation of any rights of another party; or
d) Any security incidents, breaches, or compliance violations occurring at your organization.
10. User Responsibilities
You acknowledge and agree that:
a) You are solely responsible for evaluating the applicability and appropriateness of any recommendations to your specific circumstances;
b) You must exercise independent judgment in implementing any recommendations;
c) You are responsible for obtaining professional advice and conducting thorough due diligence before making security, compliance, or business decisions;
d) You must ensure all information you provide is accurate and complete; and
e) You are responsible for maintaining the security and confidentiality of any results or reports generated by the Tools and/or Templates.
11. Modifications to Terms
The Company reserves the right to modify these Terms of Use at any time. Your continued use of the Tools and/or Templates following any changes constitutes acceptance of the modified terms. It is your responsibility to review these Terms periodically.
12. Severability
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
13. Entire Agreement
These Terms of Use constitute the entire agreement between you and the Company regarding the Tools and/or Templates and supersede all prior or contemporaneous communications and proposals.
14. Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Illinois, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Cook County, Illinois.
ACKNOWLEDGMENT AND ACCEPTANCE
By purchasing, responding to and proceeding to use the Tools and/or Templates, I acknowledge that I have read, understood, and agree to be bound by these Terms of Use. I understand that this is a legally binding agreement and that I am waiving certain rights and releasing the Company from liability.