This Privacy Policy was last modified on February 11, 2021.

We at WaterWell, LLC are strongly committed to protecting your privacy and providing a safe online experience for all of our visitors while offering a high-quality user experience here at www.HealthySimulation.com (the “Website”). We know that you care about how the information you provide to us is used and shared. We have developed this Privacy Policy to inform you of our policies regarding the collection, use, and disclosure of Information we receive from users of the Website. WaterWell, LLC (the “Company”) operates the Website.

This Privacy Policy, along with our Website Terms of Use, governs your use of this site.  By using www.HealthySimulation.com (the “Website”), or by accepting the Terms of Use (via opt-in, checkbox, pop-up, or clicking an email link confirming the same), you agree to be bound by our Terms of Use and consent to this Privacy Policy. When using any portion of the Learning Management System (LMS) functionality of the website (learn.healthysimulation.com) you also agree to be bound by our special LMS cookie policy.

Information We Collect

When you visit our Website, we will learn certain information about you.

In order to provide you with the most efficient and enhanced personalized service and attention, and to accommodate certain requests which you make, we request information about you in certain circumstances and collect certain information automatically.

Consistent with our previous practices, we will only collect and process your personal data when we have a lawful bases for doing so. These lawful bases include when you provide us consent, when we have a contractual obligation to collect or process the data, and when we have a legitimate interest in processing your personal data.

We may collect and/or receive the following types of information from you:

Information Provided Voluntarily

Personal Information. You may be asked to provide personal information including your name, address, email address, phone number, professional affiliation or employer,  your employer’s website, your job title, your professional credentials, your social media profiles, your short biography, your product / service needs, your city, state, and country, the number of students or users in your institution, and estimated time frame for acquiring new products and services, when you sign up for any of our newsletters, respond to a survey, register for a class, or purchase a product or service. We will only request the personal information that is required in order to fulfill our obligations to you, i.e. in order to deliver what you have requested, as well as to comply with any legal obligations that may accompany such an exchange.

Order & Billing Information. If you place an order through our Website, we track certain information about the products and services you purchase. At checkout, you will also be required to provide additional information required for processing your payment. This generally includes a debit or credit card or other payment information, expiration dates, card security codes, your billing address or similar information.  This information is generally processed and captured by third-party vendors, such as payment processors and merchant account providers. To the fullest extent possible, we make an effort not to capture or retain this information ourselves (unless, for example, we are requested to process a refund, follow up on the delivery of goods or services, or work with customers or vendors on resolving any errors or other scenarios.) Third-party vendors who assist us in any of our business functions will also be doing so pursuant to their own terms and conditions, including privacy policies and terms of use. See our Refund Policy for more information.

Information Collected Automatically. In addition to the information described above, we may collect some or all of the following information:

Activity Info (Log Data). Information may be collected based on your use of the Website, which generally includes information about your computer hardware and software, such as:

Internet Protocol (“IP”) addresses, operating systems, browser types, device types, URLS, access dates and times; Website pages that you visit; referring website information; universally unique identifiers (“UUID”), advertising identifier (“IDFA”), carrier and country location, hardware and processor information, network type, and other related data.

Use of Cookies.  Our website may use cookies in order to deliver a better experience for you. Cookies are files with small amounts of data that a website stores on your computer’s or mobile device’s hard drive so that certain information about your visit and web-browsing preferences will be recognized upon a return visit. Cookies serve functions such as “remembering” log-in names and passwords, or enabling or saving shopping cart contents. Like many websites, we may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us improve the experience you have with our Website. Most web browsers have a function that allows you to delete existing cookies on your device or you can set your browser options to that your device does not receive or accept cookies. Doing this may interfere with your ability to use the Website.

Third-Party Analytics. We use third-party analytics services (such as Google Analytics) to evaluate and aggregate visitor data. These services help us evaluate Visitors’ use of the Website, including time spent on certain pages, which areas of the Website receive the most traffic, how often visitors visit pages within the Website, and also provide general geographic location about visitors, the source of referred traffic (from other websites, vs search engines, etc). These third party analytic services use cookies and other technologies to help analyze and provide us the data. By providing your consent to this Privacy Policy, you consent to the collection and review of data about you by these analytics providers in the manner and for the purposes set out herein.

For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. If you opt out of any service, you may not enjoy the full functionality of the Website.

Additional Cookies For Use of Learning Management System (learn.healthysimulation.com and sub folders):

How Does Our Learn.HealthySimulation.com Site Use Cookies?

1. Our Site may place and access certain first-party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
2. By using Our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than Us. Third-party Cookies are used on Our Site for analytics and for marketing purposes. For more details, please refer to section 4 below.
3. All Cookies used by and on Our Site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:
   1. Strictly Necessary Cookies: A Cookie falls into this category (usually first-party cookies) if it is essential to the operation of Our Site as without them we cannot provide the functionality that you need to use this website. For example, essential cookies help remember your preferences as you navigate through the online school, also support functions such as logging in, and payment transactions.
   2. Functionality Cookies: Functional Cookies allow our web site to remember choices you make, e.g. your user name, log in details and language preferences and any customizations you make to pages during your visit. They are necessary to provide features and services specific to individual users.
   3. Analytics Cookies: It is important for Us to understand how you use Our Site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping Us to improve Our Site and your experience of it.
   4. Marketing/Targeting Cookies: It is important for Us to know when and how often you visit Our Site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make Our Site and advertising more relevant to your interests. Some information gathered by targeting Cookies may also be shared with third parties.
   5. Third Party Cookies: Third-party Cookies are not placed by Us; instead, they are placed by third parties that provide services to Us and/or to you. Third-party Cookies may be used by advertising services to serve up tailored advertising to you on Our Site, or by third parties providing analytics services to Us (these Cookies will work in the same way as analytics Cookies described above).
   6. Persistent Cookies: Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit Our Site.
   7. Session Cookies: Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit Our Site until you close your browser. Session Cookies are deleted when you close your browser.
4. Cookies on Our Site are not permanent and will expire as indicated in the table below.
5. For more specific details of the Cookies that We use, please refer to the table below.
6. What Cookies Does Our Learning Management Site (learn.healthysimulation.com) Use?
   1. The following first-party Cookies may be placed on your computer or device:

Other Third Party Tracking Tools. We may also collect or receive information from third parties, such as Facebook, Instagram, LinkedIn, and/or other third-party social media and similar sites.

How to Access Your Personal Information

If you have provided personal, billing or other voluntarily provided information, you may access, review and make changes to it via instructions found on the Website or by emailing us at support [at] healthysimulation [dot] com. To manage your receipt of marketing and non-transactional communications, you may unsubscribe by clicking the “unsubscribe” link located on the bottom of any related email from the Company. Emails related to the purchase or delivery of orders are provided automatically – Customers are not able to opt out of transactional emails. We will try to accommodate any requests related to the management of Personal Information in a timely manner. However, it is not always possible to completely remove or modify information in our databases (for example, if we have a legal obligation to keep it for certain timeframes, for example).

How We Use and Share the Information

We use the collected Information to understand customer needs, including regarding our Website services to:

• present you with information through our Website and email services;
• provide our services, process orders, and administer our programs;
• maintain and improve our Website;
• respond to your requests, and provide customer service, including in response to any problems that may arise, such as difficulties in navigating our Website or accessing certain features;
• solicit your feedback, and to inform you about our products and services and those of our third-party marketing partners that we feel may be of interest or value to you;
• personalize or display advertisements to you on third-party platforms;
• improve our services or offerings; and
• fulfill our legal or contractual obligations to you.

As with transactions elsewhere, when you purchase products, services, or programs via our Website, your credit card company will also retain certain information regarding your purchase. We will not otherwise provide any personal data to your credit card company without your permission.

We may share the Information collected with joint venture partners, affiliates, agents, current or prospective business partners, businesses under common control, advertisers, vendors related to your request for more information and whom you consent to receive follow-up information from, through article viewing, link clicking, banner ad clicking, find vendor request, sales demonstration webinar registration, emailing, newsletter, social media post, and use of the website in any way, third-party businesses or partners participating in administering our programs or services, or to those providing business functions such as technical support, customer service, marketing assistance, etc. These businesses will only have access to information as necessary to perform their functions and to the extent permitted by law.

In the event of the sale or transfer of our business to a third party buyer, including in the event of bankruptcy or liquidation, we may, as necessary, share your data with the buyer or transferee.

In the event that we have to collect on a debt owed to us by you, we may, as necessary, share your information with an attorney or a court of law to enforce our rights and collect what is owed.

Under certain circumstances we may be obligated or compelled to disclose the Information: when required by law, court order or government agency, or when disclosing such Information is reasonably required to protect the Company, its property, the Website, the safety of visitors or others.

Retargeting / Personalized and Behavioral Ads

We may, using the techniques described above, and in conjunction with third party marketing partners, gather information from your visit to our Website for purposes of providing relevant advertising content to you in the future. This means that through third party marketing partners or third party sites such as Google, Facebook, or LinkedIn, we may display advertisements to you (remarketing or retargeting), based on usage data collected during your visit to our website.

Google Analytics: As described above, we use Google Analytics on our website. We may utilize any of the following advertising features that utilize the Google advertising cookies: Remarketing with Analytics, Demographics and Interest reporting, Segments, and DoubleClick integration.

To opt out of seeing personalized ads via the Google platform, please visit

https://support.google.com/ads/answer/2662922?hl=en

For more information regarding how Google uses cookies in advertising and how you can control advertising cookies, visit http://www.google.com/policies/technologies/ads/

To personalize the ads you see via the Google platform, visit http://www.google.com/settings/ads

For more information on how Google uses data when you visit its partners’ sites or apps, visit http://www.google.com/policies/privacy/partners/

Or, via an opt-out browser add-on, you can opt out of having your site activity available to Google Analytics. For more information, or to install the opt-out browser ad-on, please visit https://support.google.com/analytics/answer/181881?hl=en  Please note that if you opt out of any service, you may not enjoy the full functionality of the Website.

Google Ad Words: We may utilize Google Ad Words, which provides certain of the information collected on our website to the Adwords advertising network. To opt out of Google Ad Words, visit https://support.google.com/ads/answer/2662922?hl=en

Facebook Custom Audience: We may utilize Facebook’s Custom Audience capability which allows us to display ads on Facebook to individuals on our email lists or in our database. We may provide personal information to Facebook, such as your name, email address and phone number to enable Facebook to identify whether you are a Facebook account holder. To opt-out of the Facebook Custom Audience, please email us at support [at] healthysimulation [dot] com with (1)“Facebook Custom Audience Opt-Out” in your Subject Line, and (2) your name and email address in the body of the email.

Other Personalized and Behavioral Advertising Services: We may participate in other retargeting services that are similar to those described above.

Managing Cookies Via Your Browser:

You may be able to change your cookie preferences via your browser settings. Please visit your browser’s help section for assistance with turning on notifications regarding cookies, or disabling cookies through your browser.

Managing Cookies on Your Mobile Device:

You may be able to change your cookie preferences on your mobile device either via your browser settings, or via the settings (preferences) on your device. For additional info, please visit http://www.allaboutcookies.org/mobile/

Use Caution When Sharing Information Online

When you voluntarily make your Personal Information available online in an environment shared by third parties – including in webinars, classes, online conferences, via email, on message boards, chat rooms or on blogs, or via telephone calls or conferences – that information can be viewed, saved, collected, heard, and/or used by others outside of the Company. We are not responsible for any unauthorized third-party use of information provided in these contexts. Please be mindful whenever you share any information online.

Security of Your Information

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we incorporate standard industry practices internally and with our services providers, which we believe is sufficient for the information involved, we cannot guarantee its absolute security. Because we work with third-party businesses and vendors in various aspects of our business including operating this website, database management, website security, etc., we cannot guarantee the absolute security of our databases, nor can we guarantee that the Information you supply will not be intercepted while being transmitted to and from us over the Internet. Any information that you provide to us via email should be treated with extra caution, as we cannot control the level of security available through email providers.

Children

We are strongly committed to protecting the safety and privacy of children who visit our website. We do not knowingly collect Personal Information from children under the age of 13 through the Website. If you are under 13, please do not give us any Personal Information. We encourage all parents to talk to their children about online safety and to monitor their children’s use of the Internet. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will make best efforts to immediately delete that information from our databases.

External Websites

While we have carefully chosen those vendors with whom we work, especially those involved in the transmission of data on behalf of our business, we do not control and are not responsible for the privacy practices or content of third-party websites, including those of affiliates, business partners, sponsors, advertisers, or other websites to which we may link from time to time. When visiting any third-party websites, you are responsible for reviewing the privacy policy and terms of use applicable to each site. They may be different than those that you see here.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the Californian has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of the information disclosure provided by the Company pursuant to this provision, please contact us via email at support [at] healthysimulation [dot] com.

Our California Do Not Track Notice

Consistent with our policies described above, we collect information from our visitors on our website and across third party websites where applicable, to provide relevant content and advertising. We do not support Do Not Track (“DNT”) signals of web browsers.

DNT is a setting in your web browser that informs websites that you do not want to be tracked. You can enable or disable DNT through the Preferences or Settings options of your web browser.

Visitors Outside the U.S.

Our Website and the servers that make this Website available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to this Website. Any information you provide in subscribing to or visiting our Website will be transferred to the United States. By visiting our Website and submitting information, you authorize this transfer, processing, and use.

EU Visitors and the GDPR

If you live in the EU, certain of your data may be subject to protection by the General Data Protection Regulation (the “GDPR”), a privacy regulation intended to help you have greater control over your personal data.

Under the GDPR, you have the following rights, which we extend to all of our website visitors:

• to know what information is being collected, as disclosed in this Privacy Policy (“right to transparent information”);
• to object on grounds relating to your particular situation to the collection or processing of certain kinds of information (“right to object”);
• to withdraw consent even after it has been given, without affecting the lawfulness of the processing of your data prior to your withdrawal (“right to withdraw consent”);
• to access, modify or update your information so that it is correct (“right to access” and “right to rectification”);
• to have your information deleted or erased (“right to erasure” or “right to be forgotten”);
• to have your data transferred or ported elsewhere (“right to data portability”);
• and the right to restrict processing in certain situations (“right to restriction of processing”).

For purposes of the GDPR, to the fullest extent possible we do not directly collect or maintain personal data of our EU visitors or clients. This is done through partnerships with third-party vendors who have systems designed for the collection and storage of data on behalf of their clients (“data processors”). The data is only kept as long as is reasonably required to accomplish the purpose or purposes for which it was collected. Certain data may be expunged or utilized more quickly than others, and depending on your engagement and behaviors, including purchasing behaviors, we may be engaged in a business or contractual relationship with some longevity. (For example, if you purchase a course or program, or services that span over some time, you will continue to receive communications in regards to those offerings or services).

The categories of data processors with whom we work, and that help us in the collection of information that allows us to serve and interact with you include website analytics provider(s), website and webform plug-ins and related third-party services that allow us to maintain an up-to-date online platform and communicate with you electronically, an email service provider or providers to assist in managing email correspondence with our visitors, customers and list, as well as payment processor(s) and/or merchant account(s) to help us transact sales online and follow up with you regarding any purchases. Here is a list of specific data processors with whom we currently work:

• Mailchimp
• Google (Analytics, Adsense & Adwords)
• Stripe
• Adbutler
• Zoom

Those within the Company that may have access to the data include Officers, Directors, Managers, Supervisors, Salespersons, or those providing customer or technical support. Access to the data is provided for specific purposes, generally related to communicating with you, fulfilling our contractual obligations, providing customer service or technical support, collecting payment, or monitoring performance of marketing and sales efforts.

You may contact us at any time to have your information with us or any of these processors updated or corrected, deleted, or to obtain a copy for your records. Additionally, you may opt out of receiving any additional emails or marketing messages from us by clicking the “unsubscribe” link at the bottom of our email notifications.

Further, if you feel that we have not complied with the relevant data protection regulations, please contact us by sending us an email at support [at] healthysimulation [dot] com with your first and last name, your country of origin, and a summary of your concern or complaint. We will endeavor to respond at our earliest possible convenience to address your concern. If contacting us does not resolve your complaint, you may have additional options.

Residents in Designated Countries may also have the right to lodge a complaint with the relevant EU data protection authority. You may access a list of the Data Protection Authorities in the EU here.

Changes to This Privacy Policy

The Company may update this Privacy Policy from time to time as necessary to protect our users and to comply with a changing environment. Please review the Privacy Policy when you visit our Website to remain updated on our current policy. We have no intentions of making any changes to our Privacy Policy and practices to make them less protective of personal information collected in the past. By accessing the Website and/or using our services after making any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the information. You are advised to review this Privacy Policy periodically for any changes. Whenever we make changes to this Privacy Policy we will update the date at the top.

Contact Us

If you have any questions about this Privacy Policy, please contact us via email at support [at] healthysimulation [dot] com with “Privacy Policy” in the subject line.

Contributing Presenter Terms of Submission and Agreement

This Agreement sets forth the terms of submission governing your Contributor Content and request to be considered as a Contributing Presenter or Contributing Author at HealthySimulation.com (the “Website”), which is owned and operated by WaterWell, LLC.

By completing your submission to WaterWell, LLC (the “Company”), by clicking “accept,” or “Submit”, or otherwise clicking to “Agree”, or by participating as a Contributing Presenter (hereinafter “Contributor”), you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the Company website or the applicable submission page or contact us immediately so that we can remove or delete any content you have submitted to us.

In these terms and conditions, “We/us/our/HeathySimulation.com” means WaterWell, LLC. “You/your” means you as a user of the Website and/or Contributor.

Any information, material, content, recordings, presentations or similar media that you submit to us through our website, or via email related to your submission, constitutes “Contributor Content.”

Summary of Contributor Content Submission Guidelines. You agree to the Contributor Content Submission Guidelines found on our webinar submission page and our article submission page. These are subject to change from time to time, so please review these guidelines carefully any time you submit content. You acknowledge that your submission including any presentation, may be attended, viewed, reviewed or rated, and shared by members of the Company’s subscriber audience.

Contributor’s Representations and Warranties. By completing your submission of Contributor Content, you represent and warrant that you own, have full rights to or otherwise control the content and information that you submit or send to us (the “Contributor Content”), that such content is accurate and truthful and does not violate these Terms of Submission, our Website Terms and Conditions or our rights, or those of any third party, and will not cause injury to anyone. You expressly warrant that you have the permission or authority to share with HeathySimulation.com, for distribution, sale, or resale, all information included in your Contributor Content, including any images, media or other content used in your submission or including any recorded presentations, or live presentations which we may record through our platform. You warrant that you are not violating the rights of any third party, including but not limited to any third party’s intellectual property rights by submitting your Contributor Content to us.

If your submission of Contributor Content to us would require authorization or consent from an Institution, Organization or Company with whom you are affiliated, you expressly warrant and represent that you have received such authorization or consent, and affirm that we have the right to rely upon your representation.

You agree to indemnify us and our affiliates and designees from and against any and all claims arising out of, resulting from or relating to our use of your Contributor Content, in accordance with these Terms and additional language below.

We assume no responsibility and have no liability for any Content created or submitted by you or anyone else.

Each time that you access the Website or create or complete a submission of Contributor Content, you hereby ratify and confirm these terms, applicable to any submission and all previous submissions by you to us.

Contributor License. By uploading, submitting, or otherwise providing any Contributor Content to the Company including Contributor Content delivered live, you hereby grant Company a perpetual, worldwide, non-exclusive and irrevocable right and license (without any obligation by Company whatsoever to use said content), to record, capture, reproduce, copy, prepare derivative works incorporating, publicly display, perform, market, sublicense, sell and otherwise distribute such Contributor Content in all formats, including but not limited to live video and audio streams, audio and video recordings, and transcriptions.

You further agree that Company may use excerpts or segments of the Contributor Content in all forms and media, including advertising and related promotion throughout the world and in perpetuity, without limitation. You grant Company the right to capture and use your image, likeness, voice and name in connection with all uses of the Contributor Content. Contributor will retain all original ownership rights in and to Contributor’s intellectual property including any copyrighted material utilized in the Contributor Content.

Contributor Credentials.  Company may also request information at the time of your submission which includes your name, title, affiliated institution, professional credentials, website and social media profile links, and short biography.

By submitting Contributor Content you hereby grant us a perpetual, non-exclusive, worldwide and royalty-free right and license, without expectation of payment or remuneration to you, to use your name and Contributor Credentials, alongside your image, likeness, voice, and Contributor Content on our platform and in any of our marketing or promotional efforts.

Moral Rights. You hereby waive any “moral rights” including the right to object to the modification of your Contributor Content. You also acknowledge that Company is not responsible for any use by third parties resulting from our sharing your Contributor Content, and that we are under no obligation to enforce our Website Terms & Conditions or any other agreement that may exist between us and any third party, nor are we liable to you or any third party for any breach of our legal terms or infringement or wrongful conduct by any third party. You shall retain all rights to pursue any third party for violations of your intellectual property irrespective of our involvement.

Other Rights. Company also has the right but not the obligation to alter, modify, edit, revise, resample, convert, correct, resize, or to create a composite of your Contributor Content to correct what we determine, in our sole discretion, to be an error or omission, or to support the marketing, distribution, sale, or licensing of your Contributor Content. We will have no liability to you or any third party if we do not exercise these rights.

Indemnification. You agree to indemnify, defend, and hold harmless Company and Company’s agents, representatives, assigns, licensees and successors from any and all damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs related to any claim or proceeding by a third party that may arise regarding Company’s use of the Contributor Content including but not limited to any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity or copyright.

Term. This Agreement will be effective upon receipt of Contributor’s submission of Contributor Content. Contributor Content may be used by the Company, including in its online platforms indefinitely, or until either party elects to remove it.

Cancellation/Removal of Contributor Content. You may cancel your account or request the removal of your Contributor Content at any time subject to thirty (30) days advance written notice.

Compensation. You agree that there will be no monetary compensation or remuneration for participating in or sharing your Contributor Content on Company’s platform now or in the future, regardless of how it is used by Company.

No Requirement to Use. Company is not obligated to utilize the rights granted in this Agreement.

Terms of Use Agreement. You agree to the terms and conditions of the Terms of Use Agreement found at https://www.healthysimulation.com/about-us/privacy-submission-policy-tos/

Privacy. You also consent to have received notice of our Privacy Policy, found at https://www.healthysimulation.com/about-us/privacy-submission-policy-tos/

Waiver. The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default.  The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Relationship. Contributor agrees that no joint venture, partnership, employment or agency relationship exists between Company and Contributor as a result of the relationship established by this Agreement.

Modification. The Company may modify the Terms of Submission for Content Contributors from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications posted to the Company’s website which shall be considered ratified if you make a submission thereafter. You should review this Agreement regularly during the use of the Company’s services to keep apprised of any changes.

Assignment. No assignment of this Agreement is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by the Company.

Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

Dispute Resolution. In the event that a dispute arises pursuant to this Agreement, the parties agree that they will first make good faith efforts to resolve the dispute directly between themselves, and that if those efforts fail, they will engage in mediation to be performed by a mutually-selected mediator at a location agreed upon by the parties or conducted online or telephonically allowing parties to participate from their respective locations. If mediation fails, either Client or Consultant may submit a written demand to the other that the dispute must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Las Vegas, Nevada.

Governing Law. This Agreement and any action related thereto shall be governed by the laws of the State of Nevada without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Clark County, Nevada.

Force Majeure. If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to the Company; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.

Construction. This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.

Binding Effect. This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.

Entire Agreement. This Agreement represents the entire understanding and agreement of the parties relating to the Submission or Presentation Recording, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding this topic are of no further force and effect. In order to participate as a Contributor you may be notified that you may be required to agree to additional terms and conditions as Services are revised over time. You may receive a copy of this Agreement at any time by emailing the Company at support [at] healthysimulation [dot] com and requesting a copy of your “Submission Terms of Agreement.”

Compliance with the Law. In the event Company is required by law to disclose information included in your Submission or Presentation Recording, nothing contained in this Agreement shall be in derogation of Company’s right to do so.

Notices. Any and all notices, demands, or other communications desired to be given hereunder by any party shall be in writing and may be validly made or given when sent via e-mail. Such communications shall be effective when they are received and acknowledged by the addressee, which acknowledgement shall not be purposely or unreasonably withheld.

Electronic Execution. This document shall be deemed to be electronically executed by any manner of your acknowledgement (including “check the box”, electronic confirmation including via email, electronic signature, or any other electronic method).

Contact. If you have any questions regarding this Agreement or any aspect of our services, please contact the Company at support [at] healthysimulation [dot] com.

This Agreement sets forth the terms of purchase for your purchase from WATERWELL, LLC.

By placing your Order with WATERWELL, LLC (the “Company”), by clicking “accept,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the Company website or the applicable purchase page and discontinue use of the Services immediately.

In these terms and conditions, “We/us/our/HealthySimulation.com” means WATERWELL, LLC. “You/your” means you as a user of the Website and/or Customer of the Program/Services.

The Services.

The Company, in conjunction with third-party presenters, speakers and professionals provides, access to a variety of educational resources and training materials sharing the latest in healthcare simulation research, tutorials, product demonstrations, operational guides, professional development and more, delivered digitally and through webinars, video and audio recordings, online courses, email newsletters, social media posts or programs (as described below). The program content will be delivered on-line through the program website, or as otherwise indicated on your Order form page. If your purchase includes an online Program or Membership site access, you will use a unique username (your email address) and password that should only be used by you to access the Content. Sharing log-in information, call-in numbers, passwords, and protected links with non-members is prohibited and will result in removal from the program.

• Monthly Subscription to Webinar Platform: This option provides access, on a monthly basis, to scheduled webinars delivered during the membership period as well as to all previously recorded webinars still available in the online library.
• Annual Subscription to Webinar Platform: This option provides customers with access, on an annual basis, to all scheduled webinars delivered during the membership period as well as to all previously recorded webinars still available in the online library.

Payment. Payment is required before beginning the program or services, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your services. You agree to pay the amount agreed and not to cancel this transaction with your bank or credit card company. The Company is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. The Company does not guarantee any specific results from use of the Services. The Company does not make any representations or warranties as to specific outcomes or results.

Promotional Discount. Any special discounted rates for renewed subscriptions will remain active, as originally stated, for the duration of your subscription. If your subscription is cancelled for any reason in the future, your account will no longer be eligible for the pricing terms listed here, but will be required to pay standard rates at the time of renewal. All prices are subject to change.

Refund Policy

Refund Policy.

Our refund policy for our various services and offerings are as follows:

• Initial 30-Day Money Back Guarantee: If for any reason you’re not satisfied with your new subscription or individual product purchase, simply e-mail support [at] healthysimulation [dot] com during your first 30 days and we will cancel your subscription and refund your money, no questions asked.
• Monthly & Annual Subscriptions: Following the first 30 days, subscriptions may be canceled at any time, and customers will have access to their account until the subscription period concludes. However, NO REFUNDS will be provided following the first 30 days.

Confidentiality & Non-Disclosure Agreement. You are free to speak, write and share about your own experiences from the Program with colleagues of your current Institution, Organization, or Company. This provision specifically applies to and includes content shared within the membership course, where applicable, and any private Facebook group, or similar forum if used. If you have any questions about the applicability of this provision, please contact us via email at support [at] healthysimulation [dot] com.

Additional Marketing, Including Retargeting / Personalized and Behavioral Ads.

We may, directly, or in conjunction with third-party marketing partners, gather information from your visit to our Website for purposes of providing relevant advertising content to you in the future. These marketing efforts may include email communications, or advertisements through third-party marketing partners or third-party sites such as Google, Facebook, LinkedIn, or Twitter (or similar platforms), based on usage data collected during your visit to our website.

Communications. The online community associated with the Program is intended to be a supportive, respectful and positive community for all involved. Communicating disrespectfully to any other members of the group constitutes grounds for removal from the Program and any associated online forum, which decision shall be in the sole discretion of the Company.

Term. This Agreement will be effective consistent with the term indicated on your Order form or Order page. Failure to pay for the Program or Services consistent with the program requirements will result in termination of the Program prior to the end of the applicable term, and your access to Program materials or ongoing Services will be discontinued. Additional fees may be accrued in the event you continue to access the Program website or continue to use the Services after any failure to pay for said services.

Reservation of Rights. Company reserves the rights to remove you from the Program or Services for cause, whether a breach of this contract, an act of misfeasance against the Company, a representative of the company or a participant of a group program, or other inappropriate action, which may include any action which causes a disturbance amongst the group, or otherwise negatively impacts the experience of others participating in any program offered by the Company. Such a determination shall be made solely by Company. You agree that your exclusive remedy in such a scenario, if any, will be limited to the refund of any amount paid to participate in the services or program.

Media Consent. Without expectation of compensation or remuneration, now or in the future, You give your consent to the Company to capture and include your image, likeness, and voice, in photographic, text, video or audio recordings created during the Program, Services or a Company Event, all of which may be used for any commercial purpose, including future marketing or advertising purposes without limitation.

Data Scraping Prohibited. Data scraping or data mining of any kind from this website, or from any platforms, groups, or online forums operated by the Company is strictly prohibited. Copying, removing, or otherwise scraping data, information or content, regardless of the reason, from the website, or from any platform, group, or online forum operated by the Company is a violation of these Terms and will result in your immediate removal from any program services offered by the Company, including from within any platforms, groups, or online forums associated with those services, without refund or recourse, which decision shall be in the sole discretion of the Company.

Submissions & User-Generated Content License. There may be portions of the Website that allow for the posting of reviews, comments, photographs or other content (“User-Generated Content”). Where the website allows, you are permitted to submit comments, communications, suggestions, ideas, questions, or other information, provided that the material submitted is not threatening, objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of privacy or intellectual property rights, or otherwise injurious to us or third parties. Further, anything submitted shall not contain malware, software viruses, or spam, including political campaign material, commercial solicitations, chain letters, or mass mailings. You may not use false e-mail addresses, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content.

You agree that any content you submit to us, i.e. “User Generated Content,” as described above, will not be subject to any expectation of privacy, trust, or confidence between us and that no confidential, fiduciary or other relationship is intended or created between you and us. If you post any such content, intentionally or unintentionally, you are granting us a License in said content, and we and any others we designate from time to time shall have unrestricted rights to use the Content for any and all purposes whatsoever, commercial or otherwise, without any further permission from or any payment to you or anyone else. This includes rights to use the name that you submit, along with any other name by which you are known, in connection with the User-Generated Content. To be clear, we have the right to use, reproduce, license, sub-license, transfer, print, display, exhibit, distribute, re-distribute, publish, modify, translate, or create derivative works of any User-Generated Content that you submit or provide, without any further permission from or notice or payment to you.  You agree to this “User-Generated Content License” whether or not your User-Generated Content is used by us.

You represent and agree that you own, have full rights to or otherwise control all User-Generated Content that you submit or send to us, that such User-Generated Content is accurate and truthful and does not violate these Terms of Use, our Privacy Policy, or the rights of us or any third party and will not cause injury to anyone. You agree to indemnify us and our affiliates and designees from and against any and all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right, but not the obligation, to review and remove any activity or content involving you or your account. We assume no responsibility and have no liability for any User Generated Content created or posted by you or anyone else.

Each time that you access the Website or create or submit User-Generated Content, you agree to, ratify and confirm the terms of the then-existing User-Generated Content License for that submission and all previous submissions by you to us.

Authorization. You warrant that you have the authority to act on behalf of your Institution, Organization, or Company, including to bind it to this Agreement if you are subscribing to or engaging in the Services in your capacity as a representative of your Institution, Organization, or Company, or if you are utilizing or sharing the information provided through the Website or Services for the benefit of your Institution, Organization, or Company.

Disclaimer.  USE OF THE PROGRAM OR SERVICES COVERED BY THIS AGREEMENT AND ANY CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK. The Company and its employees, representatives and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Program or Services or any information provided as part of the Program or Services, including information provided by third party presenters or speakers. THE SERVICES OR PROGRAM OR ANY OTHER CONTENT PROVIDED THROUGH THE COMPANY WEBSITE OR BY THE COMPANY ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. You bear sole responsibility for your use or implementation of any information or services provided by the Company or third party presenters. There are no guarantees as to the progress or outcomes that may result from the Services and you are responsible for the results you achieve. THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY ARE NOT SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS, SERVICES OR PROGRAMS OFFERED HEREIN OR IN CONNECTION HEREWITH DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY DECISION, ACTION OR OUTCOME FOLLOWING THE PRESENTATION OF INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE PROGRAM, SERVICES OR WEBSITE.

Medical Disclaimer. THE INFORMATION, PROGRAMS, OR SERVICES CONTAINED HEREIN ARE NOT SUBSTITUTES FOR ANY PROFESSIONAL ADVICE OR TREATMENT, INCLUDING THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. You should consult your physician or other health care professional before making any starting any fitness, nutrition, or health related program to determine if it is right for your needs. The information offered through this site is educational only and does not replace professional medical advice, diagnosis or treatment. If you have questions or situations requiring professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed physician, psychologist, or other health professional. Never disregard the medical advice of a psychologist or other health professional, or delay in seeking such advice because of the information offered or provided within or through the program, services or website.

Earnings Disclaimer. RESULTS ARE NOT GUARANTEED. Any statement made on the website or in the program regarding income or earnings are provided as examples only, and do not guarantee you future earnings or income. Please note that the stated results are not typical and there is no guarantee that you will achieve the same or similar results. As with any endeavor, results may vary, and depend on a wide variety of factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation. The use of any products or services offered through the Company should be based on your own due diligence. You agree that the Company (including its agents, representatives, sponsors, promoters, advertisers or affiliates), are not responsible for the success or failures you experience in your personal or business life.

Relationship. Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.

Modification. The Company may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the Company’s website. You should review this Agreement regularly during the use of the Program or Services to keep apprised of any changes.

Assignment. No assignment of this Agreement is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by the Company.

Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

Governing Law. This Agreement and any action related thereto shall be governed by the laws of the State of Nevada without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Clark County, Nevada.

Dispute Resolution & Binding Arbitration. In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute: first, by confidential mediation, to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Las Vegas, Nevada, which mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate; second, by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Clark County, Nevada may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Las Vegas, Nevada. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.

Force Majeure. If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to the Company; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.

Construction. This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.

Binding Effect. This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.

Damage Waiver. Under no circumstances whatsoever shall we be liable to you or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under this Agreement, arising out of your participation in the Program including due to the actions, statements or behavior of any third parties or participants of the Program. This provision applies even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, the Company’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to the Company for the services during the term of the Program or membership.

Intellectual Property. All materials provided to you as part of your Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of the Company. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of the Company. All trademarks, logos, and service marks displayed on any materials provided as part of your Program or Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Program or Services subject to this Agreement should not be construed as granting any license or right to duplicate said content, including trademarks, logos and service marks of the Company or any third-party.

Terms of Use Agreement. You agree to the terms and conditions of the Terms of Use Agreement found at https://www.healthysimulation.com/about-us/terms-of-use/

Privacy. You agree to the terms and conditions of the Privacy Policy found at https://www.healthysimulation.com/about-us/privacy-policy/. If you attend any Company live event, you agree that any third-party vendor involved in the event [ticket sales, event facility registration, etc] may share your personal identifying information with the Company to allow us to serve you and other event attendees with the proper products and services, in accordance with our posted Privacy Policy.

Waiver. The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default.  The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Indemnity.  You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes the Company to be liable to a third party.

Voidability. This Agreement cannot be voided by not logging in to the Member or Program website, where applicable, by not accessing or using the Services as delivered, by not attending the Program, or in any other way attempting to avoid viewing or taking delivery of the Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund.

Entire Agreement. This Agreement represents the entire understanding and agreement of the parties relating to the Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Program or Services, are of no further force and effect. In order to participate in certain portions of the Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing the Company at support [at] healthysimulation [dot] com and requesting a copy of your “Program Terms of Purchase.”

Contact. If you have any questions regarding this Agreement or any aspect of our services, please contact the Company at support [at] healthysimulation [dot] com.

We at WaterWell, LLC (Doing Business As HealthySimulation.com) make no guarantees as to results, earnings or income related to any of the services or offerings found on this website, whether our own or that of a third party. The information provided, including through any of our services, programs or offerings, is intended to be for your educational or entertainment purposes only, and does not constitute an opportunity to get rich, nor does it guarantee any results with regards to improving learning, training, or educational outcomes. Your use of any information that we present, including through a program or service you purchase through this website, should be based on your own due diligence and determination that it suits the purpose for which you desire to use it.

Certain information which may be provided on our website or in our materials may include forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward looking statements relate to expectations or forecasts of future events, and may be identified by use of the words “estimate,” “project,” “predict,” “forecast,” or similar words related to expected future outcomes or possibilities. Any forward looking statements on our website or in our materials are expressions of our opinion only and are not guarantees that any particular outcome or result will be achieved.

We make no representations or guarantees that you will achieve any results or earnings as a result of using our services or products. Any examples or statements regarding results, earnings or income made by WaterWell, LLC or its advertisers, sponsors or affiliates, are provided as examples or estimates only of what we think might be possible. You agree that you understand that any estimates or examples provided do not in any way guarantee that you will achieve the same or similar level of results or income, and that past results do not reflect the average results. We make no representations regarding average results or earnings related to any information or offerings we provide.

Further, there is no assurance that any examples of past earnings or results will be duplicated in the future, by the same individuals or anyone else including you. You agree that we at WaterWell, LLC including our advertisers, sponsors and affiliates, are not responsible for your future results including any successes or failures you experience whether directly or indirectly related to your use of our information.

You accept that results vary by individual and are based on a wide variety of factors which may include but are not limited to your skill, knowledge, ability, dedication, business savvy, network and financial situation, amongst other factors, some of which may be beyond your influence or control. You assume all risk related to your use of any information we present and accept that we are not responsible for your actions.