The Aquifer Sciences web site (“Site”) is owned and operated by Aquifer, Inc., a 501(c)(3) corporation established under the laws of the State of New Hampshire (“Aquifer”, “we”, “us”, or “our”). These Terms of Use and Privacy Notice (“Terms”) apply to those who visit and/or use the Site (“You” or “Your”). These Terms constitute a binding agreement between You and Aquifer, and are deemed accepted by You each time that You use or access the Site. Aquifer may revise these Terms at any time by posting an updated version to this page. Your continued use of the Site constitutes your consent to any updated Terms. If You do not accept these Terms do not use the Site.
These Terms include the Aquifer Sciences Privacy Notice (“Privacy Notice” included below). By accessing the Site, you acknowledge that You have read and familiarized yourself with the Privacy Notice.
THE SITE
The Site is an online platform that makes available the Aquifer Sciences Content (as defined below), which is the first nationally-developed and publicly available curriculum that comprehensively outlines the core basic sciences concepts that must be understood and mastered by health professions learners in order to provide safe, routine patient care. You must be 18 years of age or older and the age of majority in Your jurisdiction to access and use the Site. Aquifer makes no representation that the Site is appropriate or available for use in locations outside the United States, and access to them from territories where such access is illegal is prohibited. If You access the Site from outside the United States You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
AQUIFER SCIENCES CONTENT
Subject to these Terms, Aquifer grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and access the Site and the Aquifer Sciences Content solely for Your personal, non-commercial, educational, clinical or research use; provided, however, that any Aquifer Sciences Content that you print or download from the Site maintains a source reference to all copyright and other proprietary notices contained in said Aquifer Sciences Content. The contents of the Site, including without limitation text, images, software, audio and video files, code and other Aquifer Sciences content, and all copyright and other intellectual property rights therein (collectively, “Aquifer Sciences Content”), are the sole and exclusive property of Aquifer or its suppliers and licensors, and are protected under copyright, trademark and other laws. No license to the Aquifer Sciences Content is granted to You except as expressly set forth in these Terms, and all rights not expressly granted herein are reserved by Aquifer and its suppliers and licensors. Unauthorized use of the Aquifer Sciences Content is strictly prohibited.
You agree not to sell or license the Aquifer Sciences Content or reproduce, display, publicly perform or otherwise use the Aquifer Sciences Content for any public or commercial purpose. You agree not to use the Aquifer Sciences Content in connection with products or services that are not those of Aquifer or that in any manner disparages Aquifer Sciences Content or its licensors. You may not use Aquifer Sciences Content on any other website or application. Any code that Aquifer creates to generate or display any Aquifer Sciences Content or the pages making up the Site is protected by copyright and you may not copy, decompile, reverse engineer or adapt such code.
PROHIBITED USES
No part of the Site or the Aquifer Sciences Content may be copied for resale or other commercial use, posted on any public locations including without limitation bulletin boards, Web sites, Internet domains, online chat rooms, or used for training of large language models. Without limiting the generality of the foregoing, and for avoidance of doubt, Aquifer reserves the rights, and You have no rights to reproduce and/or otherwise use the Site or the Aquifer Sciences Content in any manner for purposes of training artificial intelligence technologies, including without limitation technologies that are capable of generating works in the same style or genre as the Aquifer Sciences Content, unless You obtain Aquifer’s specific and express permission to do so.
In addition to the foregoing, You agree not to:
- Use the Site or the Aquifer Sciences Content for any purpose in violation of any laws;
- Remove copyright notices on any Aquifer Sciences Content or any other content downloaded from the Site;
- Use automated systems or software to extract data from the Site for commercial purposes, including without limitation data mining, robots or “screen scraping”;
- Use any third party tools or devices to search the Site other than those generally available on third party web browsers;
- Bypass or attempt to bypass or disable any security features of the Site, including, without limitation, those controlling copying, downloading and printing content from the Site; or
- frame or link to any Aquifer Sciences Content or information available from the Site, unless permitted by these Terms.
Undertaking any of the preceding actions shall constitute a material breach of these Terms and Aquifer shall have the right to immediately terminate the license granted to You herein and your use of the Site.
Aquifer reserves the right to electronically monitor compliance with these Terms, and reserves the right in its sole discretion to revoke your license to use the Site, disable an IP address without notice, block automated search programs multiple concurrent access, block excessive search quantities or excessive download traffic volumes.
NOTIFICATION OF CLAIMED COPYRIGHT OR TRADEMARK INFRINGEMENT
If You believe that Your copyrighted work or trademark has been reproduced on the Site in a way that constitutes copyright or trademark infringement, please contact Aquifer by email at privacy@aquifer.org or by regular mail at:
Aquifer, Inc.
Attn: Chief Financial Officer
33 South Main Street #4
Hanover, NH 03755
AQUIFER LIABILITY
The Site and the Aquifer Sciences Content may contain inaccuracies or typographical errors. Aquifer makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Aquifer Sciences Content. Changes may be made to the Site at any time. Aquifer cannot guarantee and does not promise any specific results from use of the Site.
If You are a California resident, You hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
EDUCATIONAL USE ONLY; NOT INTENDED FOR CLINICAL DECISION-MAKING
The Site and the Aquifer Sciences Content are provided for educational purposes only, are not intended for use in actual clinical decision-making, and in no case should be substituted for the advice of a qualified health care professional. While Aquifer attempts to keep the Aquifer Sciences Content current, the Aquifer Sciences Content cannot always reflect every change or nuance in medical practice.
DISCLAIMER OF WARRANTY
The use of the Site and the Aquifer Sciences Content are at your own risk. NEITHER AQUIFER NOR ANY OTHER PARTY MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITE, THE AQUIFER SCIENCES CONTENT, AND THE OTHER LICENSED MATERIALS, WHICH ARE LICENSED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE SITE, THE AQUIFER SCIENCES CONTENT, AND THE OTHER LICENSED MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL AQUIFER OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE SITE OR THE AQUIFER SCIENCES CONTENT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF DATA OR PROFITS, OR DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH, RESULTING FROM OR CONNECTED WITH ANY USE, MISUSE OR INABILITY TO USE THE SITE OR THE AQUIFER SCIENCES CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF AQUIFER OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AQUIFER OR SUCH OTHER PARTY’S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED $500.00 UNITED STATES DOLLARS.
Any claims arising in connection with your use of the Site or any Aquifer Sciences Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
Some jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law. You may also have other rights which vary from jurisdiction to jurisdiction. You agree that these Terms shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
LINKS TO OTHER SITES
The Site and Aquifer Sciences Content may contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Aquifer of the contents on such third-party Web sites. Aquifer is not responsible for the content of linked third-party sites and does not make any representations regarding the content, accuracy or safety of materials on such third party Web sites. If You decide to access linked third-party web sites, You do so at Your own risk.
INDEMNITY
You agree to defend, indemnify, and hold Aquifer, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from (a) your use of the Site, (b) your use of any Aquifer Sciences Content, or (c) your violation of these Terms or any applicable laws.
LOCAL LAWS AND EXPORT CONTROL
You agree to comply with all applicable laws in connection with access to and use of the Site and the Aquifer Sciences Content. Without limiting the foregoing, you agree to comply with all export and import laws and regulations of the United States and other applicable jurisdictions, and you (a) represent and warrant that you are not listed on any U.S. government list of sanctioned, prohibited, restricted, denied or debarred parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, (b) shall not, either directly or indirectly, access or use the Site or any part thereof in violation of any U.S. export embargo, prohibition or restriction, including in any embargoed or sanctioned countries/regions, by sanctioned, prohibited, restricted, denied or debarred persons, or for prohibited end-uses under United States law without authorization from the United States government, and (c) shall not submit to the Site any information that is controlled under the U.S. International Traffic in Arms Regulations.
CONTROLLING LAW AND GENERAL CONDITIONS
You expressly agree that exclusive jurisdiction for any dispute with Aquifer, or in any way relating to your use of the Site, resides in the courts of the State of New Hampshire and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New Hampshire in connection with any such dispute including any claim involving Aquifer or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. Aquifer’s waiver of any right shall not constitute a waiver of that or any other right in the future.
Aquifer reserves the right to modify these Terms or its Privacy Notice at any time. Any modifications shall be posted on the Site and continued use after such posting shall constitute acceptance of the modification or modifications. Notwithstanding the above, these Terms may be modified only in writing authorized by Aquifer.
These Terms, along with the Privacy Notice constitute the entire agreement between you and Aquifer with respect to the use of the Site and the Aquifer Sciences Content.
PRIVACY NOTICE
This Privacy Notice is effective on May 1, 2023. Aquifer may update this Privacy Notice at any time without prior notice, but Aquifer will generally provide thirty (30) days’ notice via this page. This Privacy Notice covers use of the Site. If you have questions concerning this Notice, you may contact Aquifer’s data protection officer at privacy@aquifer.org.
Aquifer does not sell or rent your data to third parties. Our Privacy Notice provides important information about how Aquifer collects, uses, processes, protects and discloses your Personal Information (as defined below) when you use the Site and details the kinds of Personal Information we collect when you the Site.
The Site is not intended for children and we do not permit anyone under the age of 18 to use or access the Site, and if we become aware that we have inadvertently collected Personal Information pertaining to anyone under the age of 18 we will delete such information from our records.
Data Collection
Aquifer collects Personal Information you voluntarily provide when you use the Site or when you sign up to receive email newsletters or other communications from Aquifer. “Personal Information” is information about you that can be used either directly or indirectly, alone or in combination, to identify you, and may include personal identifiers such as your name, e-mail address, institution and expected graduation year, professional title and affiliation, or IP address. Aquifer does not collect information about ethnicity, gender, age, national origin, cultural, religious, or other sensitive personal information.
Aquifer automatically collects and records information from a variety of sources, such as information about your browser and device, through Aquifer and third-party cookies, web beacons, VAST tags, pixel tags, social media buttons, URL links, and other methods. We collect data including, but not limited to, the pages viewed on the Site, the amount of time on each page, what you clicked, including any answers you click or type, unique identifiers such as your IP address and device ID, and the time and date of your access.
Aquifer uses cookies for providing you the information and services you request through the site, preference cookies for remembering information you previously entered to personalize, or otherwise improve your experience on the Site, and analytics cookies to conduct research with anonymized data to better understand the use of the Site. We do not use marketing cookies or web beacons but we do use third party cookies and web beacons in emails to notify us when you click on a link in the email and are directed to the Site.If you use social media buttons on the Site, cookies may be set by the respective social media networks to track your online activity. Aquifer has no direct control over the information that is collected by third party social media. You should review the privacy policies on those websites to understand the details about collection and use of your personal information and rights you may have with regard thereto.
Data Collection
Aquifer shares Personal Information about you with third parties only under the following circumstances and for the following purposes:
- When we have your permission to provide you with the services you requested and to carry out your instructions.
- When required by law to respond to subpoenas, court orders, or legal process by public authorities or law enforcement, or to investigate, prevent, or take action regarding illegal activities, suspected data breaches, or suspected violations of the Site terms and conditions.
- When you download an Aquifer application from sites like the Apple App Store and Google Play.
- We may share your Personal Information with the following third-party service providers or vendors that we engage to support the Site: providers of website hosting services, website analytics services, payment processors, and email communication services. These third parties are authorized to process your Personal Information solely for the purposes of providing the relevant services to Aquifer.
The Site may include links to other websites owned or operated by third parties, such as educational materials. Aquifer is not responsible for the privacy or security practices of any third-party websites, which are governed by their own privacy policies. You should review the privacy policies on those websites to understand the details about collection and use of your personal information and rights you may have with regard thereto. Aquifer does not sell or share data with third parties for advertising or marketing purposes.
Your use of the Site creates data which becomes the property of Aquifer. You may not opt-out of providing data on your use of the Site. Aquifer may retain your information (including Personal Information lawfully obtained) for any permitted period of time and as necessary to comply with our legal and contractual obligations, enforce our agreements, and enable us to investigate events and resolve disputes. In addition, in an anonymized format for research purposes Aquifer may retain your data indefinitely. If Aquifer were acquired or enters bankruptcy, your information described in this Privacy Notice would be among the assets that are likely to be transferred or acquired by a third party.
Data Protection
Aquifer takes reasonable administrative/organizational, physical, and technical measures to protect the confidentiality and integrity of your Personal Information. However, no data transmission over the Internet can be guaranteed to be 100% secure and we cannot and do not guarantee the security of any Personal Information you provide.
Aquifer uses reasonable security methods to protect Personal Information and prevent unauthorized access, disclosure, use, modification, damage to or loss of data. For example, when exchanged between your browser and the Site we protect your data via SSL/TLS encryption; we provide an https secure method for browsing any Aquifer software; we use database encryption for personal data protection; we conduct vulnerability scans to help prevent malicious data attacks; we use access controls to ensure that only authorized persons can access personal information; and we conduct periodic training on security and privacy protection to enhance our employees’ awareness of the importance of protecting personal information.
If we discover that a Personal Information security incident (“data breach”) has occurred, we will, where required by law and pursuant to legal requirements, inform you in a timely manner about the incident and possible impacts, the response measures we have taken or will take, and any remedial measures taken. We will notify impacted users in a reasonable way.
If you connect with Aquifer through social media, such as liking us on Facebook or tweeting about us on Twitter, those social networks will record that you have done so. If you wish to opt-out of any of these social interactions please refer to the specific social media platform for instructions on how to do so.
Aquifer is not bound by the California Consumer Privacy Act of 2018 (CCPA). California Civil Code Section 1798.83 permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for such third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at privacy@aqufier.org
If you access the Site from one of the EU/EEA countries, you are entitled to certain rights under the General Data Protection Regulation (GDPR) EU Regulation 2016/679 and applicable national data protection regulations. By visiting the Site, you acknowledge that we may process your Personal Information for the purposes described in this notice, either on the basis of your consent or if we have other lawful grounds to do so; that Aquifer operates and processes Personal Information primarily within the United States; and you understand that Aquifer may transfer data outside of the EU/EEA.
