Please note, there may be additional terms and conditions associated with certain products and services that we provide or that you can purchase through the Website; these Terms are general in scope and are superseded by the more specific terms and conditions for those products, services and purchases.
PLEASE READ THE FOLLOWING CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
If you do not agree with the Terms, you should exit the Website immediately.
We may modify these Terms from time to time, in our sole discretion. All revisions shall be effective upon posting, unless otherwise noted. You agree to be bound by any changes to the Terms when you use the Website after any such revision is posted. Please review the Terms periodically, as it is your responsibility to abide by the current Terms at all times.
The Website is not directed to children, and children under the age of thirteen (13) are not authorized to use the Website. If, in the future, we decide to direct the Website or portions thereof to children under thirteen (13), we will do so in compliance with the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) including, without limitation, obtaining necessary parental consent.
Purpose of Website
The Website may be used only for lawful purposes. You agree not to use the Website for any unlawful or prohibited purpose. Appropriate legal action may be taken by DWA for any illegal or unauthorized use of the Website.
The Website provides general information about DWA’s services and allows registered users to sign up for selected services and products.
Despite our best efforts to provide accurate information, it is not possible to completely ensure that information on the Website is correct at all times. DWA assumes no responsibility for any incorrect information or inappropriate content or conduct that is posted or occurs on the Website.
If you become aware of misuse of the Website, please contact us directly at firstname.lastname@example.org
The Website design and all text, graphics, logos, icons, the selection and arrangement of these elements, and all software and content posted on the Website are the property of DWA or its licensors, and are protected by U.S. and international intellectual property laws, including, but not limited to copyright. You may not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to DWA or our licensors without obtaining prior written consent. Please contact us at email@example.com with any inquiries, permission requests, or to report suspected copyright infringement.
If you believe your proprietary work has been copied and/or posted on the Website in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed;(iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) 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; and (vi) 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 are authorized to act on the copyright owner’s behalf.
For the limited purpose of your use of the Website, we grant you a limited, revocable, personal and non-transferable license to use the Website for your personal, lawful business purposes, in strict accordance with the Terms, and for no other purpose. DWA reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Website for any reason or no reason, without notice, and without liability to you or anyone else. DWA also reserves the right to block users from certain Internet Protocol addresses and prevent access to the Website.
Links to Third-Party Sites
Your Representations and Warranties
You represent and warrant that: (i) you are over the age of thirteen (13); (ii) if over the age of thirteen (13) but under eighteen (18), you have the permission of your parent or guardian to use the Website; (iii) you will not use the Website for unacceptable or illegal purposes; and (iv) the information you provide through the Website will be true, complete and correct and you will update all information as it changes.
Information You Provide
You are solely responsible for any and all information you provide and materials you upload to the Website. You represent and warrant that any information and materials that you provide are factually accurate, and do not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any third party, and are not unlawful, fraudulent, obscene or otherwise objectionable.
We are under no obligation to monitor or modify the content of the Website and assume no responsibility for any inappropriate content or conduct that is posted or occurs on the Website. We do not control or endorse any content posted on the Website by third parties, and specifically disclaim any liability with respect to submissions, postings and actions of third parties using the Website.
When you register and open an account through the Website, you will designate a username and password. You are solely responsible for choosing and maintaining the confidentiality of the user name and password, and you are solely responsible for all activities and purchases made through your account. You must notify us immediately if you experience or suspect any unauthorized access to or use of your account or any other breach of security. We reserve the right to take any and all action, as we deem necessary to ensure the security of the Website and our customer accounts, including but not limited to terminating access, closing accounts, or requesting additional authentication information before processing transactions. However, in no event will DWA be liable to you for any liabilities or damages resulting from or arising out of (i) any unauthorized access to or use of your account or password, or (ii) any action or inaction of DWA under this section.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DWA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, DWA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You acknowledge and agree that you will access and use the Website at your own risk. DWA is not responsible for any incorrect or inaccurate submissions or postings on the Website, whether caused by us, other users of the Website or by any of the equipment or programming used in or associated with the Website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. We are not responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or high traffic on the Internet or any combination thereof, including any injury or damage to your or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website.
Limitation of Liability
DWA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS OR USE OF THE WEBSITE OR THE INABILITY TO ACCESS OR USE THE WEBSITE, EVEN IF DWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DWA UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
YOU ACKNOWLEDGE AND AGREE THAT EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY OR EXCLUSION OF DAMAGES IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DWA, AND THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You hereby agree to indemnify, defend and hold DWA, its officers, directors, employees, agents, partners and contractors, harmless from any loss, liability, damages, claims or demands (including court costs and reasonable attorneys’ fees, including in connection with enforcing this indemnification clause) made by any third party due to or arising out of your use of the Website, your violation of the Terms, or any breach of your representations and warranties set forth herein.
If any provision of these Terms is held invalid, unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions shall remain valid and enforceable.
Validity of Terms
A printed version of the Terms and any notices given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents originally in printed form.
Governing Law; Miscellaneous Legal Terms
The Terms are governed by the laws of the State of Indiana, without giving effect to any principles of conflicts of laws. Use of the Website is unauthorized in any jurisdiction that does not give effect to the Terms, including this paragraph. Neither the course of conduct nor course of dealing between the parties nor trade practice shall act to modify any provision of these Terms. DWA may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without DWA’s written consent. These Terms do not provide any third party with any remedy, claim, or right of reimbursement.
PLEASE READ THE FOLLOWING CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
DWA may collect information that can identify you, such as your name, address, telephone number, email address, and other similar information (“Personal Information”) when it is voluntarily submitted to us.
Remember that email isn’t necessarily secure. You should never send sensitive or personal information in an email.
Some of our Websites ask visitors who request specific information to fill out a registration form. For example, healthcare professionals registering online for a program will be asked to provide their contact information. Other information collected through questionnaires, feedback forms, or other means enables us to determine visitors’ interests, with the goal of providing better service to our customers.
Automatically Collected Information
We collect and temporarily store certain technical information for use in site management and security purposes. This information includes:
The Internet domain from which you access our Websites.
The IP address (a unique number for each computer connected to the Internet) from which you access our Websites or services.
The type of browser (eg, Chrome, Safari, Firefox, Internet Explorer) used to access our Websites.
The operating system (Windows, Mac) used to access our Websites or services.
The date and time.
The URLs of the pages you visit.
Your username, if it was used to log in.
The URL of the forwarding site, if you visited a DWA Website from another site.
Except for authorized law enforcement investigations, no attempts are made to identify individual users or their usage habits. Raw data logs are retained in accordance with our internal policies and as required for security and site management purposes only.
How We Use Collected Information
DWA does not and will not sell your Personal Information for marketing purposes.
We may share Personal Information with agents, contractors or partners of DWA in connection with services that these individuals or entities perform for, or with, DWA.
These agents, contractors or partners are restricted from using this data in any way other than to provide services for DWA, or services for the collaboration in which they and DWA are engaged (for example, some of our products are developed through joint agreements with other companies). We may, for example, provide Personal Information to agents, contractors or partners for hosting our databases, for data processing services, or so that they can send you information that you requested, consistent with our internal policies.
Any other information gathered by DWA (ie, non-identifiable information such as IP addresses or other information gathered by our web logs or cookies) may be included in databases owned and maintained by DWA or its agents. DWA retains all rights to these databases and the information contained in them and we will use them as set forth herein.
DWA reserves the right to share Personal Information to respond to duly authorized information requests of governmental authorities or where required by law. In exceptionally rare circumstances where national, state or company security is at issue, DWA reserves the right to share our entire database of visitors and customers with appropriate governmental authorities.
Website Security Notice
For site security purposes, our computer system employs software programs that monitor network traffic to identify unauthorized attempts to upload or change information. Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals evidence of possible abuse or criminal activity, such evidence may be provided to appropriate law enforcement officials.
Unauthorized attempts to upload or change information on DWA servers are strictly prohibited and may be punishable by law, including under the Computer Fraud and Abuse Act of 1986.
By using the Websites, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Google Analytics provides an opt-out option using the Google Analytics Opt-Out Browser Add-On for users who do not want this information to be collected on their behalf. For more information about Google Analytics Opt-Out Browser Add-On, please click on the following link: https://tools.google.com/dlpage/gaoptout.
A cookie is a small file that a Website transfers to your computer to allow it to remember specific information about your session while you are connected. Your computer will only share the information in the cookie with the Website that provided it, and no other Website can request it. There are two types of cookies, session and persistent. Session cookies last only as long as your Web browser is open. Once you close your browser, the cookie disappears. Persistent cookies store information on your computer for longer periods of time.
DWA Websites may use session cookies for technical purposes such as to enable better navigation through the site, or to allow you to customize your preferences for interacting with the site. A few DWA Websites may also make use of persistent cookies to remember you between visits so, for example, you can save your customized preference settings for future visits. Each DWA Website using persistent cookies identifies itself as doing so. At no time is your private information, whether stored in persistent cookies or elsewhere, shared with third parties who have no right to that information. If you do not wish to have session or persistent cookies stored on your machine, you can turn them off in your browser. However, this may affect the functioning of some DWA Websites.
Refusing and/or Controlling Cookies. Most of the Website will still be visible to you if you elect not to allow cookies to be placed on your computer; however, as mentioned previously, certain functions, such as becoming a registered user, may not be available. For more information on how to control and delete your browser cookies, please refer to this site http://www.aboutcookies.org/default.aspx.
Interaction With Children
The Children’s Online Privacy Protection Act (COPPA) governs information gathering online from or about children under the age of 13. Verifiable consent from a child’s parent or guardian is required before collecting, using, or disclosing personal information from a child under the age of 13.
We collect no information about you or your child, other than that collected automatically or via cookies (as detailed in the previous sections regarding those subject areas), when you visit our Website unless you choose to provide such information to us. If a child under 13 years of age inadvertently provides personal information to one of our sites, the information about the child will be deleted immediately upon discovery.
We continually strive to ensure our Websites and products are accessible to individuals with disabilities in accordance with Section 508 of the Rehabilitation Act. If you have any difficulty viewing a page or using a product with adaptive technology, please contact the Web administrator for this site.
Documents on DWA Websites are presented in many formats. These formats are generally accessible to users using screen reading software. Some files on this Website may be posted as Adobe Acrobat Portable Document Format (PDF) files. Adobe provides their Acrobat Reader software as a free download.
Linking Policy and Disclaimer of Endorsement
DWA links to websites created and maintained by other public and/or private organizations. DWA provides links to these sites as a service to our users. The presence of a link is not a DWA endorsement of the site.
When users follow a link to an outside website, they are leaving DWA and are subject to the privacy and security policies of the owners/sponsors of the outside website(s). DWA is not responsible for the information collection practices of non-DWA sites.
GDPR and CCPA
In an effort to implement best practices regarding data collection and security, DWA seeks to comply with the General Data Protection Regulation law of the European Union (the “GDPR”) and the California Consumer Privacy Act (the “CCPA”). We collect Personal Information and aggregate data for certain business and commercial purposes and share this information with the categories of third parties as described above. DWA does not sell (as such term is defined in the CCPA) the Personal Information we collect (and will not sell it without providing a right to opt out). Please note that we do use third-party cookies for our advertising purposes as further described in the Cookies section above.
You may request disclosure of your Personal Information we collect through the Website, and you may request information on how long DWA stores your Personal Information. We will verify your request using the information associated with your account, including email address. Government identification may be required. You can also designate an authorized agent to exercise these rights on your behalf. DWA will provide the first requested copy of such information for free, but DWA may charge a reasonable fee or refuse to comply with requests that are clearly unfounded, repetitive or excessive.
You may also request that DWA delete all personal data that DWA has about you. DWA will seek to honor such requests within thirty (30) to sixty (60) days.
DWA may also refuse a request for access to or deletion of Your Information when necessary to comply with legal obligations or to establish, exercise or defend legal claims.
You may also opt-out of DWA’s collection and use of your Personal Information.
DWA does not discriminate against consumers who exercise rights under the GDPR or CCPA.
Access, Correction, Opting Out of Services, and Updating Your Information
To request access to your Personal Information, deletion of your user account, removal from our contact lists, or to update your Personal Information, please contact DWA using one of the following methods: Email: firstname.lastname@example.org Phone: 1.317.208.3600 You may send mail to the following address: DWA Healthcare Communications Group Attn: Privacy Officer 630 W. Carmel Drive, Suite 180 Carmel, Indiana 46032 USA