Terms of Use
Academy of Physicians in Wound Healing (APWH) Version – 10/02/2024 (effective date)
1. Agreement Generally; Acceptance.
These “Terms of Use” (the “Agreement” or “Terms of Use”) are between you and the Academy of Physicians in Wound Healing Terms of Use (collectively, “APWH,” “we,” “us,” “our”). “You” means you personally. If you are acting for an entity, “you” means you personally and the entity on whose behalf you are acting. In the event you are acting for an entity, you represent and warrant that you are authorized to so act for such entity. This Agreement sets forth the terms and conditions upon which we make available on www.apwh.org and its contents and offerings to you (the “Site”). Please note these Terms of Use govern only the Site, not any other Website generally. See also Section 5 of the Agreement. By agreeing to these Terms of Use, you are agreeing to the Terms of Use for the Site as you may use it.
YOUR right to use the SITE is subject to your accepting the Terms of Use and doing so electronically. If you do not accept the Terms of Use, YOU may not use the SITE. If you do not wish to accept the terms, please cease using the site. If you continue using the Site, you will be deemed to accept these terms.
Please note that by accepting the Terms of Use, you are agreeing that disputes relating to the Terms of Use and/or us shall be subject to arbitration in Indianapolis, Indiana (or elsewhere if the Parties mutually agree on another location), on an individual and non-class basis as set forth in Sections 13 and 14. Please review Sections 13 and 14 and all of the provisions of the Terms of Use. NOTWITHSTANDING ANY OTHER AGREEMENTS OR TERMS OF USE BETWEEN YOU AND US, OUR LIABILITY AND THAT OF OUR AFFILIATES FOR INJURY ARISING OUT OF THE SITE SHALL BE LIMITED IN ACCORDANCE WITH SECTION 9, INCLUDING BUT NOT LIMITED TO SECTION 9(e). PLEASE REVIEW SECTION 9 AND ALL THE PROVISIONS OF THESE TERMS OF USE.
You have read and agree to our Privacy Policy located at www.apwh.org/privacy-policy.
PLEASE READ THE TERMS OF USE CAREFULLY.
2. Modifications to Terms of Use.
You agree to review the Terms of Use prior to each use of the Site. You agree that we may modify the Terms of Use and that such modification shall become effective immediately upon posting of the modified Terms of Use to the Site. If you do not accept the modifications, then you must cease using the Site. The modified Terms of Use will contain the date of posting at the top of the first page.
3. Permission to Use the Site; Limitations on Use of the Site.
Subject to your acceptance and while you remain in compliance with the Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Site solely and exclusively for your own personal use and not for any other purpose such as distribution to others. If, for the Site’s intended purpose, you need to print a copy of any materials, you may print one copy, again solely for your personal use. If that copy is destroyed, you may print another copy on the same terms. Please understand the content on the Site is our intellectual property and it is important that you observe the terms under which we are licensing its use. This license is solely and exclusively for your benefit. Except as expressly permitted, all other uses of the Site are prohibited.
4. 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.
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 APWH 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 THE DISCLAIMER, IN THIS PARAGRAPH, SHALL NOT APPLY TO THE EXTENT SUCH COMPROMISE, ACCESS, OR USE IS CAUSED SOLELY BY APWH’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.
5. Courses 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. APWH provides comprehensive online and nationwide onsite courses in skin, wound management, wellness, professional development, foot and nail care, and more. Please note, an explanation of education courses and training, including pricing and other details, are described at www.apwh.org.
6. Prohibited Activity.
You will not: (a) access or attempt to access the Site or any part thereof that you are not authorized to access or through any means that you are not authorized to use; (b) disrupt or interfere with the security of, or otherwise cause harm to the Site, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked websites or access or use the Site in any manner that could damage, disable, overburden, or impair any server or network used by us in connection with the Site; (c) use the Site to transmit any information of a sensitive nature, such as health information, social security numbers, credit card numbers (other than as strictly allowed), or any other information that, if generally exposed, could lead to identity theft, financial fraud, embarrassment, or other harm; (d) use the Site in any manner that infringes upon or violates any intellectual property rights or other rights or interest of any party or otherwise constitutes pornography, defamation, harassment, bullying, predatory behavior, false and deceptive advertising, or hate speech; (e) submit any software, programs, or files via the Site that are harmful or disruptive of another’s equipment, software, or other property, including any corrupted files, time bombs, Trojan Horses, viruses, and worms; (f) disrupt, interfere with, or inhibit any other user from using and enjoying the Site or other websites; (g) violate any applicable laws or regulations related to access to or use of the Site, and/or engage in any activity prohibited by the Terms of Use; (h) compile, use, download, or otherwise copy any materials available on the Site (except as expressly permitted), or transmit, provide, or otherwise distribute (whether or not for a fee) such materials to any third party; (i) use, or allow anyone else to use, any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site; (j) frame, mirror, or use framing techniques on any part of the Site without our express prior written consent; (k) make any use of, or allow anyone else to make any use of, data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing the Site, or any portion thereof, or otherwise scrape, collect, store, or use the Site, except pursuant to the limited license granted by the Terms of Use; (l) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or (m) remove any copyright, trademark, or other proprietary rights notice from the Site. These examples of prohibited conduct are illustrative and are not exhaustive. TO THE MAXIMUM EXTENT AUTHORIZED BY LAW WE RESERVE THE RIGHT, BUT DISCLAIM ANY OBLIGATION WHATSOEVER, TO MONITOR OUR SITE AND YOUR COMPLIANCE WITH THIS SECTION AND WITH THE TERMS OF USE AS A WHOLE.
7. Intellectual Property.
You acknowledge that, as between you and us, we own all rights, 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 content and information on the Site ( e.g., training materials), the course content, and trademarks such as the following: Academy of Physicians in Wound Healing and APWH, and you hereby disclaim any interest. 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.
8. 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 Academy of Physicians in Wound Healing, 10991 Holyrood Court, Las Vegas, NV 89141. 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: APWH Legal Department 10991 Holy Rood Court Las Vegas, NV 89141
PLEASE NOTE, some of our customers may search for us or know us as “APWH” or identify us with our website address: www.apwh.org.
9. Representations and Warranties; Disclaimer.
a. YOU AGREE AND ACKNOWLEDGE FOR APWH’S AND OUR SUPPLIERS’ AND LICENSORS’ BENEFIT THAT USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY AND ALL TECHNOLOGIES AND TOOLS, IS WITHOUT WARRANTY OF ANY KIND AND THAT THE ACCESS TO AND USE OF THE SITE, AS PROVIDED UNDER THE TERMS OF USE, IS PROVIDED “AS IS AND WHERE IS.” ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES BASED ON CUSTOM AND PRACTICE. APPLICABLE LAW MAY NOT ALLOW THE ABOVE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSION MAY NOT APPLY TO YOU AND SHALL APPLY ONLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
b. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. 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, APWH DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY RECORD OR DOCUMENT GENERATED BY THE SITE.
d. YOU UNDERSTAND AND AGREE THAT ALL DISCLAIMERS ARE MADE FOR OUR BENEFIT AND THE BENEFIT OF OUR SUPPLIERS AND LICENSORS.
e. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, APWH, ITS SUPPLIERS AND LICENSORS, AND APWH’S AND ITS SUPPLIERS’ AND LICENSORS’ AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS REPRESENTATIVES, SERVICE PROVIDERS, DIRECTORS, LICENSORS AND SUPPLIERS (APWH AND SUCH OTHER INDIVIDUALS AND ENTITIES INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS “APWH-RELATED PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY UNDER OR IN CONNECTION WITH THIS TERMS OF USE OR FOR ANY ACTIVITY RELATED TO THE SITE, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, FOR ANY AMOUNT IN EXCESS OF THE LESSER OF $150 OR THE ACTUAL, DIRECT DAMAGES INCURRED IN CONNECTION WITH THE ACTIVITY GIVING RISE TO THE CLAIM. ADDITIONALLY, APWH-RELATED PARTIES WILL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, OR LOST PROFITS. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THIS LIMITATION ON LIABILITY AND DAMAGES, APWH’S LIABILITY AND EXPOSURE TO DAMAGES WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
f. ANY LINKS TO THIRD-PARTY WEBSITES FOUND WITHIN THE SITE ARE PROVIDED SOLELY AS AN ADDED CONVENIENCE TO YOU. YOU SHOULD ASSUME THAT APWH HAS NOT REVIEWED THE CONTENTS OF THESE THIRD-PARTY WEBSITES. APWH DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR SUITABILITY OF THESE THIRD-PARTY WEBSITES. APWH 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 APWH LINKS AND ASSUMES NO RESPONSIBILITY FOR ANY INFORMATION, ADVICE, OR SERVICES PROVIDED BY ANY OTHER WEBSITE.
g. 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 APWH 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.
10. Submissions.
By submitting any comment, idea, blog post, testimonial, suggestion, response to questionnaires, or other material to the Site, you grant APWH 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 APWH will not infringe on or violate the rights of any third party.
11. Indemnification.
YOU AGREE TO DEFEND, IDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS ARISING FROM YOUR USE OF THE SITE (EXCEPT FOR CLAIMS RESULTING DIRECTLY FROM OUR VIOLOATION OF LAW OR TORTIOUS CONDUCT), INCLUDING BUT NOT LIMITED TO, ANY CLAIM ARISING FROM ANY BREAK BY YOU OF ANY REPRESENTATION, WARRANTY, OR OTHER TERM OF THE TERMS OF USE OR VIOLATION OF LAW.
12. Notice for California Residents.
Under California Civil Code Section 1789.3, we provide the following consumer rights notice: (a) we are located at (10991 Holyrood Court, Las Vegas, NV 89141); (b) all charges made through the Site are for the certification and re-certification in wound care, foot and nail care, diabetic wound care, and more; and (c) if you have a question or complaint regarding this Site or APWH’s services, please send an email to [email protected]. You may also contact us by writing to the address listed above, or by calling us at (855) 843-2794. 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.
13. Arbitration.
In the event a dispute arises between you and APWH, you and APWH agree to first contact each other by notice as provided in Section 21, and in such notice provide a written description of the problem, all relevant information and documents, and a proposed resolution. You and APWH will make good faith efforts to resolve the matter through discussion. If, after 30 days, you and APWH are unable to resolve the dispute, after such good faith negotiations, the dispute may be referred to binding arbitration at the election of either party, in accordance with this Section and the Terms of Use.
In agreeing to the Terms of Use, and by using the Site, you agree that any claim, dispute, or controversy, whether based in law or equity, between you and APWH, arising from or relating to (i) use of the SITE, including to conduct transactions by or through the SITE, or (ii) the application, interpretation, construction, enforceability, enforcement, formation or validity of the Terms of Use or privacy statement, including but not limited to a claim that all or part of this Terms of Use is void or voidable shall be resolved (if not settled informally) exclusively through binding arbitration by a single arbitrator WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL as may be allowed UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD. Agreeing to binding arbitration means that neither you nor APWH will have the right to litigate a Claim subject to these Terms of Use in a court or have a jury trial on that Claim and you and APWH hereby waive your right to a jury trial.
All arbitrations will be conducted before a single arbitrator and in accordance with the Commercial Arbitration Rules, including, where “you” are an individual and as applicable, the American Arbitration Association’s (“AAA”) Commercial Rules then in effect, except to the extent that such Rules are inconsistent with these Terms of Use, in which case the Terms of Use shall control. AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration shall be held at a location determined by AAA in Indianapolis, Indiana, or at such other location as may be mutually agreed upon by you and APWH. The arbitrator chosen shall be an impartial and knowledgeable neutral third party. Disputes shall be resolved by documents and without in-person or telephonic hearings, except that either party may require a telephonic hearing or, as may be acceptable to the arbitrator, require hearings in the form of a digital/video conference if such digital/video conferencing does not add materially to the cost of a telephonic hearing. Without limiting further authority of the arbitrator as set forth in the rules, in the event the arbitrator determines that the claim at issue in the arbitration is frivolous or completely without merit, the party asserting the frivolous or non-meritorious claim shall be responsible for all costs associated with the arbitration.
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 Indiana. 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.
14. Class Action Waiver.
YOU AND APWH 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.
15. Injunctive Relief.
Notwithstanding anything to the contrary, APWH will have the right to seek injunctive or other equitable relief in state or federal court located in Indiana 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.
16. 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.
17. Choice of Law.
This arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 to -16 (“FAA”), applicable federal law, the laws of the State of Indiana without regard to principles of conflict of laws, and the Terms of Use (including without limitation, limitations on liability and damages). Subject to the foregoing sentence, this Agreement shall be governed and interpreted in accordance with the substantive law of the State of Indiana without regard to its conflict of law provisions. The Uniform Computer Information Transactions Act, as enacted in any Commonwealth or State of the United States, shall not apply to this Agreement to the maximum extent applicable law allows.
18. Language.
The Terms of Use has been written in the English language, and you agree that this English language version will govern your use of the Site, dispute proceedings, and the other matters described in the Terms of Use.
19. 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.
20. Assignment.
You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. Notwithstanding the foregoing, we may freely assign the Terms of Use, and the rights and obligations therein, without your consent, including but not limited to, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, the Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
21. Notice and Electronic Communications.
Except as otherwise expressly specified in the Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given only upon: (a) personal delivery; (b) the fifth business day after mailing; (c) the first business day after sending by email; or (d) the second business day after being sent by internationally-recognized overnight courier. Notices must be addressed as follows: if to us, to 7950 Southeastern Ave., PO Box 39261, Indianapolis, IN 46239 and for notices permitted to be sent via email, to [email protected]; and, if to you, to the email address that you have provided us. It is agreed that all agreements, notices, disclosures, and other communications provided in accordance with the Terms of Use satisfy any legal requirement that such communications be in writing. It is agreed that a printed version of this Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
22. Entire Agreement.
This Agreement, including the documents incorporated herein by reference, is the entire understanding and agreement between APWH and you with respect to the subject matter hereof.
23. 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 APWH to enforce any provision of this Agreement shall be a waiver of any of our rights under this Agreement.
At the heart of APWH lies a passionate commitment to improving patient outcomes, and enhancing the quality of life for those affected by chronic wounds.
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