Version 5.5.17 (effective date)
- Agreement Generally; Acceptance.
This license is solely and exclusively for your benefit. Except as expressly permitted, all other uses of the Site are prohibited.
- Account Registration, Password, and Security.
- Your login credentials for the Site may be used only by you and only while the license is in effect. Under no circumstances will you share your login credentials with any other person or entity. You are responsible for all use of the Site that occurs under your account, and you agree to notify us of any unauthorized access of which you become aware. We reserve the right to take such action in our discretion to help ensure the security of the Site, including, without limitation, terminating an account. Without limiting the force of any other disclaimers herein, YOU ARE responsible for any person using or entering information in the SITE UNDER YOUR credentials or AUTHORITY and ARE responsible to and for any persons relying on the SITE. you are solely responsible for errors and omissions in the entry of any information and for reviewing and, as necessary, correcting such information and for any actions or consequences resulting from the entry of such information.
- NOTWITHSTANDING THE ABOVE, WE MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT OR USING YOUR PASSWORD, AND IN NO EVENT, AND UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE TO YOU FOR ANY LIABILITIES OR DAMAGES ARISING OUT OF (I) ANY ACTION OR INACTION OF NAWCO UNDER THIS PROVISION OR (II) ANY COMPROMISE OF THE CONFIDENTIALITY OF YOUR ACCOUNT OR PASSWORD OR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR USE OF YOUR PASSWORD EXCEPT THAT THIS DISCLAIMER, IN THIS PARAGRAPH, SHALL NOT APPLY TO THE EXTENT SUCH COMPROMISE, ACCESS, OR USE IS CAUSED SOLELY BY NAWCO’S BREACH OF THE EXPRESS TERMS OF THIS AGREEMENT OR ITS VIOLATION OF LAW, AS PROVIDED BY CLEAR AND CONVINCING EVIDENCE. YOU MAY NOT USE ANYONE ELSE’S ACCOUNT AT ANY TIME.
- Credentialing and Certifications. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. NAWCO is a non-profit organization, governed by a voluntary Board of Directors. NAWCO through its credentialing board offers wound care and ostomy related certifications (e.g., the WCC®, DWC®, OMS®, NWCC™ and LLE® certifications), including testing and examination, re-examination, and re-certifications. Please note, notwithstanding anything to the contrary, an explanation of credentialing and certification, including as related to eligibility, the application process, examination, testing, certification and re-certification, as well as your rights and obligations related thereto, are described further in www.nawccb.org/wound-care-certification, www.nawccb.org/dwc-certification, www.nawccb.org/wound-care-lle-cert, www.nawccb.org/oms-certification, https://www.nawccb.org/nutrition-wound-care-certification and https://www.nawccb.org/wound-care-recert-reqs
- Intellectual Property.
- You acknowledge that we own all right, title and interest, including all intellectual property rights, in and to the Site (whether as of the Effective Date of these Terms and Conditions or at any time in the future), including, but not limited to, any and all handbooks on the Site (eg., Candidate Examination Handbooks, Recertification Handbooks, Preceptor Handbook), the examination content, and you hereby disclaim any interest. For the avoidance of doubt, our intellectual property includes our trademarks, such as the following: NATIONAL ALLIANCE OF WOUND CARE®, DWC®, WOUND CARE CREDENTIALING …THE MARK OF DISTINCTION®, WCC®, NAWC®, OSTOMY MANAGEMENT SPECIALIST®, DIABETIC WOUND CERTIFIED®, LLE®, NATIONAL ALLIANCE OF WOUND CARE AND OSTOMY®, NAWCO®, NWCC™. We expressly reserve all rights not explicitly granted.
- Our trademarks may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All content included on the Site, such as text, graphics, images, audio clips, video, data, music, software, and other material is owned or licensed property by us or our suppliers or licensors and is protected by copyright or other proprietary rights. Any unauthorized use of these materials may violate trademark, copyright, patent, or other laws and is prohibited.
- Copyright Infringement. We respect the intellectual property rights of others. It is our policy to terminate the access privileges of those who repeatedly infringe the copyrights of others. If any person or entity believes that such party’s work has been posted on the Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that the party claims has been infringed, and identification of the URL or other specific location on the Site where the material that the party claims is infringing is located; (c) the party’s address, telephone number, and email address; (d) a statement by the party that such party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by the party, made under penalty of perjury, that the above-listed information in the notice is accurate and that the party the copyright owner or authorized to act on the copyright owner’s behalf. Please note, by submitting a copyright infringement notification or other communication (including communications about content stored on or transmitted through the Site) you consent to have that communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. However, the DMCA infringement notification (including any personal identifying information set forth in the Notifications) will be forwarded as submitted to us without any deletions.
Our full name and street address is National Alliance of Wound Care and Ostomy, Inc., PO Box 235 Somonauk, IL 60552. We list, immediately below, the name and address of our designated agent for copyright infringement issues.
Our designated agent for notice of copyright infringement can be reached at:
Agent: Cynthia Broadus
National Alliance of Wound Care and Ostomy, Inc.
NAWCO Executive Director
PO Box 235
Somonauk, IL 60552
PLEASE NOTE, some of our customers may search for us or know us as “NAWCO” or identify us with our website address: www.nawccb.org
- Representations and Warranties; Disclaimer.
- WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WE DO NOT MAKE ANY REPRESENTATIONS, AND AFFIRMATIVELY DISCLAIM ANY SUCH WARRANTIES AND REPRESENTATIONS, REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NAWCO DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY RECORD OR DOCUMENT GENERATED BY THE SITE.
- YOU UNDERSTAND AND AGREE THAT THE ALL DISCLAIMERS ARE MADE FOR OUR BENEFIT AND THE BENEFIT OF OUR SUPPLIERS AND LICENSORS.
- ANY LINKS TO THIRD-PARTY WEBSITES FOUND WITHIN THE SITE ARE PROVIDED SOLELY AS AN ADDED CONVENIENCE TO YOU. YOU SHOULD ASSUME THAT NAWCO HAS NOT REVIEWED THE CONTENTS OF THESE THIRD-PARTY WEBSITES. NAWCO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR SUITABILITY OF THESE THIRD-PARTY WEBSITES. NAWCO MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, OF THE ACCURACY, QUALITY, RELIABILITY OR ETHICALITY OF ANY INFORMATION CONTAINED AT THE OTHER SITES TO WHICH NAWCO LINKS AND ASSUMES NO RESPONSIBILITY FOR ANY INFORMATION, ADVICE, OR SERVICES PROVIDED BY ANY OTHER WEBSITE.
- The appearance of external hyperlinks generated by third parties does not constitute endorsement by us or our affiliates of any content of the linked third party website, and we do not verify or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these sites. Therefore, neither NAWCO nor its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained on these sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD PARTY CONTENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
- By submitting any comment, idea, suggestion, response to questionnaires, or other material to the Site, you grant NAWCO a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sub-licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute, and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By providing any such material or information, you represent and warrant that public posting and use of such material or information by NAWCO will not infringe on or violate the rights of any third party.
- Notice for California Residents. Under California Civil Code Section 1789.3, we provide the following consumer rights notice: (a) we are located at PO Box 235 Somonauk, IL 60552 (b) all charges made through the Site are for the certification and re-certification in wound care, diabetic wound care, lymphedema lower extremity, and ostomy; and (c) if you have a question or complaint regarding this Site or NAWCO’s services, please send an email to email@example.com. You may also contact us by writing to the address listed above, or by calling us at (877) 922-6292. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- In the event that the above agreement to arbitrate is adjudicated as unenforceable or otherwise ineffective, the parties irrevocably agree to submit their dispute to the exclusive jurisdiction of a state or federal court located in the State of Wisconsin. The parties hereby waive, and agree not to assert, by way of motion, as a defense or otherwise, in any such suit, action or proceeding brought in such courts, any claim that such party is not subject personally to the jurisdiction of the above-named courts, that such party is exempt or immune from attachment or execution by such courts in the event that any of the above-named courts enters an order of attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum or that the venue of the suit, action or proceeding is improper.
- Class Action Waiver. you and NAWCO each irrevocably agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
- Injunctive Relief. Notwithstanding anything to the contrary, NAWCO will have the right to seek injunctive or other equitable relief in state or federal court located in Wisconsin to enforce these terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
- Limitations of Actions. Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
- Force Majeure. We shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond our reasonable control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, or natural disasters.
- Entire Agreement. This Agreement, including the documents incorporated herein by reference, is the entire understanding and agreement between NAWCO and you with respect to the subject matter hereof.
- Miscellaneous. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In the event that any provision of this Agreement is found to be invalid or unenforceable, this Agreement shall be construed in accordance with its terms as if the invalid or unenforceable provision was not contained therein. No delay or failure by NAWCO to enforce any provision of this Agreement shall be a waiver of any of our rights under this Agreement.