Welcome to the DAWN Method®. The intellectual property and services provided by the DAWN Method® are owned by or licensed to the Dementia & Alzheimer’s Wellbeing Network® and its affiliates, successors, and assigns (the “Owner”). The terms and conditions of this agreement (“Agreement”) govern your rights and legal obligations concerning Your subscription to the DAWN HomeCare (“Subscription”).
Introduction to the DAWN Method®
This Subscription is designed for families and their care teams who care for persons living with dementia. By agreeing to and accepting the terms and conditions contained in this Agreement, You may access the services provided by the Subscription.
Acceptance of Terms and Conditions
As a condition to use the Subscription, You agree as follows:
- You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
- You will use the Subscription in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Owner from time to time; and
- You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If You do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Subscription.
Owner’s License to You
Owner grants You a single, non-exclusive, non-transferable and limited personal license to access and use the Subscription. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not transfer, lease, lend, rent, redistribute, or sublicense the Subscription and, if You sell or otherwise transfer a device on which the Subscription is installed to a third party, You must remove the Subscription from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Subscription, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
This Subscription allows for six (6) users. If You do not designate yourself as a user, You may designate up to, but no more than, six (6) additional users to the Subscription. By opening the Subscription, each additional user has separately and fully agreed to the terms and conditions of this Agreement. You shall remain liable under the terms and conditions of this Agreement for any additional user’s use of the Subscription, including but not limited to any such use that constitutes a violation of this Agreement.
Your License to Owner
Any communications or material of any kind that You email, post, or otherwise transmit to third parties or the Owner when using the Subscription, including data, questions, comments, or suggestions (your “Communications”) will become the property of Owner. You hereby grant a license to Owner to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
You agree to be bound by any affirmation, assent, or agreement You transmit to Owner using the Subscription, including but not limited to any consent You give to receive communications from Owner solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the Subscription, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
Term and Fees of Subscription
Your Subscription shall not automatically renew. You are responsible for renewing and henceforth updating Your payment information, and shall remain responsible for any uncollected amounts due for use of the Subscription.
Owner reserves the right to cancel the Subscription if it is unable to successfully charge your payment method to renew the Subscription or You fail to comply with the terms and conditions of this Agreement.
Use of Owner Services
The following requirements apply to your use of the Subscription:
- You will not use any electronic communication feature of the Subscription to post objectionable, offensive, unlawful, deceptive or harmful content.
- You will not use the Subscription to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not use the Subscription for any commercial purpose not expressly approved by Owner in writing. You will not use the Subscription to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
- You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
Security of Data Transmission and Storage
Electronic communications using the Subscription may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between You and Owner or between You and other parties.
Owner and its affiliates, and agents are permitted, but not obligated, to review or retain your Communications. Owner may monitor your Communications to evaluate the quality of service You receive, your compliance with the Agreement, the security of the Subscription, or for any other reason allowed by law. You agree that such monitoring activities will not entitle You to any cause of action or other right with respect to the manner in which Owner or its affiliates or agents monitor your Communications and enforces or fails to enforce the terms of the Agreement. In no event will Owner or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by You as a result of monitoring activities by Owner or its affiliates or agents.
Third Party Materials
Owner is not responsible or liable for third party materials included or linked from the Subscription.
Intellectual Property Rights
The Subscription and its contents are owned by or licensed to Owner and protected by United States trademark and copyright laws and international treaty provisions, as well as Idaho and other law. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Owner or its affiliates or agents. Nothing contained in the Subscription should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the Subscription without the written permission of Owner or such third party that may own the trademarks displayed in the Subscription. Your use of the trademarks displayed in the Subscription, or any other content in the Subscription, except as provided herein, is strictly prohibited.
Images displayed through the Subscription are either the property of, or used with permission by, Owner or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Disclaimer of Warranties
YOUR USE OF THE SUBSCRIPTION IS ENTIRELY AT YOUR SOLE RISK. THE SUBSCRIPTION IS PROVIDED BY OWNER ON AN “AS IS” BASIS. OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OWNER MAKES NO WARRANTY THAT (i) THE SUBSCRIPTION WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE SUBSCRIPTION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SUBSCRIPTION WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER, OR THROUGH THE SUBSCRIPTION SHALL CREATE ANY WARRANTY REGARDING THE SUBSCRIPTION NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SUBSCRIPTION OR ANY OTHER MATTER RELATING TO THE SUBSCRIPTION.
You agree to indemnify and hold Owner and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this Agreement, state or federal securities laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Owner or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Subscription.
The Agreement and all future agreements You shall enter into with Owner, unless otherwise indicated on such other agreement, shall be governed by the law of the State of Idaho, without regard to conflicts of law principles thereof. You acknowledge and expressly agree that the products and services within the Subscription are offered from, in whole or in part, the State of Idaho. You agree to submit to the personal and exclusive jurisdiction of the courts located within First Judicial District of the State of Idaho.
You may not assign your rights and obligations under this Agreement to any person or entity.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You acknowledge and agree that no joint venture, partnership or agency relationship is intended or created by and between You and Owner by entering into this Agreement.
You agree that Owner may provide You with notice regarding the terms and conditions of this Agreement by email, regular mail, and posting offered through the Subscription.
If You have any questions concerning this Agreement or any term or condition hereunder, You are encouraged to contact Owner at: email@example.com.