(1) These terms and conditions apply to all products, services and systems developed, delivered and marketed by Direct Education Worldwide, Inc. (“DEW”) and its branded or trademarked products and services, including its occupational training program(s) in infection disease prevention and related products and services.
(2) The terms and conditions do not extend your rights or DEW’s obligations beyond those defined in relevant legislation. In the case of inconsistency between this notice and the legislation, the notice shall be interpreted to give effect to and comply with the legislation.
(3) You (also referred to herein as a “Participant”) accept these terms and conditions when you use our products, services and systems.
(4) We reserve the right to amend these terms and conditions at any time, and your continued use of our products, services and systems following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that you read these terms and conditions each time you use our products, services and systems.
(5) All DEW products, services and systems are marketed in compliance with the Lanham Act (15 U.S.C. § 1051 et. seq.) by not making statements that are false or misleading when made in commerce and intended to harm a consumer or business.
(6) We strive to ensure that our products, services and systems are described as accurately as possible. However, we do not warrant that the description is accurate. The accuracy of our products is subject to the weight of scientific evidence upon which the recommendations are based, which over time may alter how we describe DEW’s training products, services and systems. Where we become aware of any misdescription, we reserve the right to correct any error or omission. Our products and services are provided “as is” and DEW shall not be liable for the consequences of the application by the user of its information or for the potential misuse of DEW’s products and services.
(7) We endeavor to ensure an adequate availability of the supply of our products, services and systems advertised for sale. However, we make no representation as to the immediate availability of any products, services and systems advertised on our website until we have been able to validate the delivery model and technology(ies) used for a particular group of participants.
(8) Images have been provided for illustrative purposes only. We do not guarantee that any image will reproduce in true color, nor that any given image will reflect or portray the full design or options relating to that product, schematic, or related image pertaining to DEW’s occupational training program and related products and services.
(9) Access to our products, services and systems will be provided to you only when we have received payment and you have agreed to all relevant policies, terms and conditions, including those set forth herein.
Registration and access
(10) When registering to access our products, services and systems, you agree to:
- Ensure that your registration details are true and accurate at all times.
- Maintain the security of your password and identification
- Be fully responsible for all use of your account and for any actions that take place using your account
- Accept full responsibility for the application of DEW’s content to your personal or business practices and agree to hold DEW harmless and not sue DEW for the consequences of how you apply the information DEW provides, including DEW’s occupational training program and related products and services.
- DEW reserves the right to suspend access to any of its products or services for a limited period of time or indefinitely in its sole discretion. No refunds or credits, full or partial, for any product or service, including the COVID SMART training program, will be available to any participant unless access to such product or service was restricted by DEW prior to participant(s) having at least thirty (30) days of consecutive access after receipt of payment by participant(s) for such product or service.
(11) We reserve the right to terminate your access at any time if you breach these terms and conditions.
(13) We undertake to exercise due care with any information which you may provide to us when accessing our products, services and systems. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk, although we undertake to take reasonable steps to preserve such information in a secure manner.
Intellectual property and copyright
(14) When you access our products, systems and services, we grant you a limited, one-time license to access and use our information for only those participants and scope for which DEW was contracted to train. We make no representations as to the applicability of our products, systems and services for other professions or purposes not customized by DEW to be delivered to a particular group.
(15) Except as permitted under the Copyright Act of 1976 (17 U.S.C. §§ 101-810) you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
(16) The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
(17) None of the content and/or information may be reverse engineered, modified, reproduced, republished, translated into any other language or computer language, re-transmitted in any form or by any means, resold or redistributed without prior written consent. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so.
(18) The copyright to all content on our products, services and systems, including applets, graphics, images, layouts and text, belongs to us or we have a license to use the materials.
(19) All trademarks, brands and logos used on this website and identified with the symbols TM or ® are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
(20) Any comment, feedback, idea or suggestion (‘comments’) that you provide to us through this website becomes our property. You agree that we are entitled to use your comments for any commercial or non-commercial purpose without further compensation to you or to any other person who has transmitted your comments beyond the information we have granted a limited license for you or others to use. If, in the future, we use your comments in promoting our website or in any other way, we will not be liable for any similarities that may appear from such use. If you provide us with comments, you acknowledge that you are responsible for the content of such material, including its legality, originality and copyright.
(21) You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents, including any intellectual property notices, and you must not frame or reformat any of our pages, files, images, text or other materials.
(22) While we have taken all due care in providing the information in our products, services and systems, we do not provide any warranty, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
(23) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
(24) We also take all due care in ensuring that our products, services and systems are free of any virus, worm, Trojan horse and/or malware. However, we are not responsible for any damage to your computer system which arises in connection with your use of our products, services and systems or any linked website.
(25) Our products, services and systems may host third-party content such as advertisements and endorsements belonging to others. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
(26) Our products, services and systems may contain hyperlinks to other websites. Such links are provided for convenience only, and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink to another website does not imply our endorsement, support or sponsorship of the operator of that website, nor of the information and/or products they provide.
Liability and indemnity
(27) To the extent permitted by law, we exclude all representations and warranties, express or implied, other than those contained in these terms and conditions. Where DEW is found to be liable for breach of any warranty or condition implied by statute and which we cannot lawfully exclude, our liability is limited (to the extent permitted by law), at the option of us, to the following:
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from products, services or systems we have supplied, including pertaining to DEW’s occupational training program and related products and services.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
- We make no guarantee that you will not catch an infectious disease, virus or similar biological hazard even after following our occupational training program and related products and services. While we strive to reduce your risk of infection, we cannot guarantee that you will be risk free after following any and all advice rendered by DEW.
(28) By accessing our products, services and systems, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
(29) ‘Force majeure’ means any act, circumstance or omission over which we could not reasonably have exercised control, including but not limited to outbreak, pandemic, riot, war, insurrection, trade war and economic disruptions, supply chain delays and other supply issues, public and private infrastructure disruption to power and communications, climate change events, major weather events, and related catastrophic occurrences.
(30) If a force majeure event prevents DEW from normal conduct of its business, we may terminate this agreement or be entitled to a reasonable extension of our obligations after notifying you of the nature and extent of such event.
(31) These terms and conditions are to be governed by and construed in accordance with the laws of the state of Wyoming. Any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Wyoming and you agree to submit to the jurisdiction of those state and federal courts.
(32) If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.