Please read these Terms of Use carefully (“Terms”). These Terms provided by the Alice L. Walton School of Medicine (“AWSOM,” “we,” “our,” and “us”) govern and apply to your access and use of any of AWSOM’s website available at www.alwmedschool.org and to any features or functionalities of such website (collectively, the “Services”), except to the extent such Services are governed by another agreement between AWSOM and you. References in these Terms to “you” or “your” refer to both you and any person or entity on whose behalf you act, if any. By accessing or using our Services, you agree to be bound to all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you may not access or use any portion of the Services in any manner, for any purpose. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms.
ARBITRATION AND CLASS ACTION WAIVER NOTICE: IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT, AS FURTHER SET FORTH BELOW, REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU ARE GIVING UP THE RIGHT TO SUE US IN COURT OR IN CLASS ACTIONS OF ANY KIND. You acknowledge and agree that, except as otherwise provided in these Terms, or as required by any applicable law, rule, or regulation of a governmental or regulatory authority (“Applicable Laws”): (a) you will submit any claims you may have against us to binding and final arbitration; (b) you will only be permitted to pursue claims against us on an individual basis, and not as a plaintiff or class member in any class or representative action or proceeding; (c) you will only be permitted to seek relief (including monetary, injunctive, or declaratory relief) on an individual basis; and (d) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
OUR RIGHT TO UPDATE TERMS AND SERVICES: We reserve the right, at our discretion, to modify, replace, update or change any of these Terms or change, suspend, or discontinue the Services (including the availability of any feature, database, or content) at any time and for any reason. AWSOM shall not be liable to you for any such modification, replacement, suspension or discontinuation of your rights to access and use the Services. However, if we make any material changes to these Terms, we will update the “Last Updated” date set forth at the beginning of these Terms, and we will notify you by e-mail, post a notice on our home page, or alert you to such changes by other similar means. We may also impose limits on certain features of the Services or restrict your access to all or part of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. By continuing to use the Services, you agree to accept all such revisions, and any updates or revisions to these Terms.
1. Privacy and your Personal Information
1.1 AWSOM’s current Privacy Policy may be found at Privacy Policy - Alice L. Walton School of Medicine and is hereby expressly incorporated into these Terms by reference. The Privacy Policy discloses AWSOM’s practices regarding the collection, use, and disclosure of your personal information. By agreeing to these Terms, you are also agreeing to the terms of AWSOM’s Privacy Policy and consenting to the use and disclosure of information you provide to AWSOM as set forth therein. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please contact us at the address set forth in Section 15.
2. Rules and Conduct
2.1 As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms or Applicable Laws. You shall not: (a) take any action that imposes or may impose (as determined by AWSOM in its sole discretion) an unreasonable or disproportionately large load on AWSOM’s (or its third-party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (c) bypass any measures AWSOM may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services); (d) run mail list, listserv, any form of auto-responder, or “spam” on the Services; or (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or part of the Services.
2.2 You shall not, directly or indirectly: (a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (b) modify, translate, or otherwise create derivative works of any part of the Services; or (c) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all Applicable Laws with respect to your use of the Services. AWSOM reserves the right to remove any content from the Services at any time, for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such content).
3. Third-Party Sites and Materials
3.1 The Services may display, use, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites (“Third-Party Websites”). When you access any Third-Party Websites, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use or privacy policies that apply to such Third-Party Materials or Third-Party Websites. These Third-Party Materials and Third-Party Websites are not under AWSOM’s control, and AWSOM is not responsible or liable for the availability, reliability, content, functions, accuracy, legality, appropriateness, services, materials or any other aspect of such Third-Party Materials or found through the use of any Third-Party Websites that link to or from the Services or are otherwise referenced in the Services. AWSOM is providing these Third-Party Materials and links to Third-Party Websites for your convenience. The inclusion of any such Third-Party Materials or links in the Services does not imply endorsement by AWSOM or any association with the Third-Party Website’s operators.
3.2 The providers of Third-Party Materials and Third-Party Websites (each, a “Third-Party Service Provider”) may collect and use certain information about you, as specified in their privacy policies and terms of use. Prior to using or providing any information to any Third-Party Service Provider, you should review their privacy policy and terms of use. If you do not understand or do not agree to the terms of a Third-Party Service Provider’s privacy policy or terms of use, you should not use the related third-party services.
3.3 AWSOM HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY THIRD-PARTY SERVICE PROVIDER. IN ADDITION, YOU AGREE THAT AWSOM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS OR SERVICES PROVIDED BY ANY THIRD PARTIES, INCLUDING ANY THIRD-PARTY SERVICE PROVIDERS LINKED THROUGH THE SERVICES, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM OR ALLEGED TO HAVE RESULTED FROM YOUR USE OF THIRD-PARTY MATERIALS AND THIRD-PARTY WEBSITES.
4. Content; Intellectual Property
4.1 As between you and AWSOM, the Services and all content and material provided via the Services (“Content”) are the sole property of AWSOM. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the Services or any Content or other proprietary rights not owned by you without the written consent of us or the respective owners, or use such Content in any other way that violates a party’s rights or Applicable Law. You shall not: (i) submit, upload, or otherwise input any Content into, or allow any Content to be processed by, any artificial intelligence or machine learning tools, algorithms, or models (e.g., ChatGPT); (ii) use any Content to train or develop any artificial intelligence or machine learning tools, algorithms, or models, or any foundation models or other large-scale models; or (iii) permit, assist, or enable any other person or entity to engage in any of the foregoing.
4.2 You may, to the extent the Services expressly authorize you to do so, download or copy the Content, and other items displayed on the Services for download, for personal use only in accordance with these Terms, provided that you maintain all copyright, trademark, and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use in accordance with these Terms is expressly prohibited without prior written permission from AWSOM, or from the copyright holder identified in such Content’s copyright notice. All rights in and to the Services or Content not expressly granted in these Terms are hereby reserved and retained by AWSOM.
4.3 The name “Alice L. Walton School of Medicine.” and any trademarks or logos used by AWSOM (“AWSOM Marks”) are trademarks or registered trademarks of AWSOM. Other trademarks, service marks, graphics and logos appearing on the Services may be the property of third parties (“Third-Party Marks”). Neither your use of the Services nor these Terms grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the AWSOM Marks or any Third-Party Marks.
5. Termination
5.1 AWSOM may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately upon such notice. Upon termination of your right to use our Services or our termination of the Services, all licenses and other rights granted to you by these Terms will immediately terminate.
5.2 All provisions of these Terms which by their nature should survive termination shall survive termination, including Sections 3 – 15.
6. Disclaimer
6.1 TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT AWSOM DOES NOT WARRANT THAT: (a) THE SERVICES WILL BE ACCURATE, COMPLETE, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (b) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (c) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (d) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT: (x) YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK; AND (y) AWSOM HAS NO FIDUCIARY DUTY TO YOU OR ANY OTHER SPECIAL RELATIONSHIP WITH YOU.
7. Indemnification
7.1 You shall indemnify, defend, and hold harmless AWSOM, its affiliates and its and their respective employees, contractors, directors, suppliers, partners, and representatives from and against any and all liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of or relating to any: (a) use or misuse of, or access to, the Services or Content; (b) your participation in any activities suggested by our Services, including any actions that you take (or refrain from taking), in connection with such suggested activities; (c) breach of these Terms; (d) actual or alleged negligence, willful misconduct, or violation of any Applicable Law in connection with the Services; or (e) infringement, violation, or misappropriation of any intellectual property or other right of any person or entity; in each case (a)–(e) whether by you or any third party accessing the Services on your behalf. AWSOM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with AWSOM in asserting any available defenses.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL AWSOM, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS OR OTHER CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (INCLUDING ANY CONTENT) PROVIDED HEREUNDER, INCLUDING ANY LIABILITY: (a) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (b) FOR ANY DAMAGES IN EXCESS OF TEN U.S. DOLLARS ($10.00). ANY CLAIMS RELATING TO THESE TERMS OR ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE APPLICABLE EVENT GIVING RISE TO SUCH ACTION, OR BE FOREVER BARRED.
9. International Use
9.1 Accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from countries other than the USA, you do so at your own initiative and are responsible for compliance with all Applicable Laws.
10. Governing Law; Mandatory Arbitration; CLASS ACTION WAIVER; and Arbitration Agreement
10.1 Governing Law. These Terms are to be construed and governed in accordance with the internal laws of the State of Arkansas without reference to conflict of law principles.
10.2 Mandatory Arbitration. You and AWSOM agree that except as set forth in this paragraph, any dispute, claim, or controversy that relates to or arises from these Terms or the Services (any of which, a “Claim”), including without limitation related to any data collected or used by us or otherwise related to or arising from our Privacy Policy, or to the accessibility of our Services, will be determined by mandatory binding individual (not class) arbitration. Notwithstanding the above, you and AWSOM both agree that a court, and not an arbitrator, shall have the right to rule on issues related to the scope, enforceability, interpretation, or formation of this arbitration agreement, and neither of us waive or limit our rights to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. EXCEPT AS EXPRESSLY STATED ABOVE, ALL DISPUTES, CLAIMS, AND CONTROVERSIES THAT RELATE TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT AWSOM AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.
10.3 CLASS ACTION WAIVER. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU HEREBY AGREE THAT YOU MAY NOT AND WILL NOT PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION, AS A PLAINTIFF OR CLASS MEMBER IN ANY SUCH ACTION. Unless both you and AWSOM agree otherwise, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
10.4 Arbitration Agreement.
(a) Either you or we may start arbitration proceedings. Any arbitration between you and AWSOM will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by these Terms. You and AWSOM agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). Any arbitration hearings will take place in the county (or parish) of your mailing address in the United States or in Fayetteville, Arkansas.
(b) A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by email (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 60 days after the Notice is received, you or AWSOM may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
(c) A party can appeal an arbitrator’s award pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”) within 30 days of the date of the issuance of the arbitrator’s award. As specified in the Appellate Rules, a party may appeal on the grounds that the arbitrator’s award is based on an error of law that is material and prejudicial; or that the award is based on determinations of fact that are clearly erroneous. As further specified in the Appellate Rules, the decision by the appellate tribunal shall become the final award for purposes of judicial enforcement proceedings. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction. Judgment upon any arbitration award may be entered in any court having jurisdiction. We will pay, or reimburse you for, all fees or costs to the extent required by law or the AAA Rules.
(d) For any Claim for which arbitration is not available, either as set forth above or as a result of this arbitration provision being held unenforceable under Applicable Law as to a particular Claim brought by one party against the other, then legal proceedings involving only that Claim may be instituted solely in the state or federal courts found in Fayetteville, Arkansas. For all purposes of these Terms, all parties hereby irrevocably consent to the jurisdiction of such courts over their person and waive any defense based on improper or inconvenient venue or lack of personal jurisdiction.
11. Integration and Severability
11.1 These Terms, including the Privacy Policy, constitute the entire agreement between you and AWSOM with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and AWSOM with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
12. Miscellaneous
12.1 AWSOM shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond AWSOM’s reasonable control, including mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with AWSOM’s prior written consent. AWSOM may assign, transfer or delegate any of its rights and obligations hereunder without consent. AWSOM’s licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if sent by certified or registered mail, return receipt requested; or when receipt is electronically confirmed, if transmitted by e-mail. Notices to AWSOM must be sent to the physical address set forth in Section 15 (or such other address as AWSOM may designate) by certified or registered mail, return receipt requested.
13. Digital Millennium Copyright Act Policy
13.1 If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want AWSOM to delete, edit, or disable the material in question, you must provide AWSOM with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AWSOM to locate the material; (d) information reasonably sufficient to permit AWSOM to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to AWSOM’s designated agent at the address set forth in Section 15.
14. Accessibility
14.1 AWSOM is committed to ensuring equal access for people with disabilities and will endeavor to maximize the access of people with disabilities to the Services as required by Applicable Law.
15. Contact
15.1 For general matters, you may contact us at the following address or here Contact Us - Alice L. Walton School of Medicine: 1001 NE J St, Bentonville, AR 72712. If you have any issues accessing the Content or the Services due to a disability, please contact us at (479)268-6000 or email awsom@alwmed.org. For issues related to the Digital Millennium Copyright Act, please contact us at:
Owner and Data Controller
Alice L. Walton School of Medicine
1001 NE J St
Bentonville, Arkansas, United States 72712 Please read these Terms of Use carefully (“Terms”). These Terms provided by the Alice L. Walton School of Medicine (“AWSOM,” “we,” “our,” and “us”) govern and apply to your access and use of any of AWSOM’s website available at www.alwmedschool.org and to any features or functionalities of such website (collectively, the “Services”), except to the extent such Services are governed by another agreement between AWSOM and you. References in these Terms to “you” or “your” refer to both you and any person or entity on whose behalf you act, if any. By accessing or using our Services, you agree to be bound to all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you may not access or use any portion of the Services in any manner, for any purpose. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms.
ARBITRATION AND CLASS ACTION WAIVER NOTICE: IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT, AS FURTHER SET FORTH BELOW, REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU ARE GIVING UP THE RIGHT TO SUE US IN COURT OR IN CLASS ACTIONS OF ANY KIND. You acknowledge and agree that, except as otherwise provided in these Terms, or as required by any applicable law, rule, or regulation of a governmental or regulatory authority (“Applicable Laws”): (a) you will submit any claims you may have against us to binding and final arbitration; (b) you will only be permitted to pursue claims against us on an individual basis, and not as a plaintiff or class member in any class or representative action or proceeding; (c) you will only be permitted to seek relief (including monetary, injunctive, or declaratory relief) on an individual basis; and (d) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
OUR RIGHT TO UPDATE TERMS AND SERVICES: We reserve the right, at our discretion, to modify, replace, update or change any of these Terms or change, suspend, or discontinue the Services (including the availability of any feature, database, or content) at any time and for any reason. AWSOM shall not be liable to you for any such modification, replacement, suspension or discontinuation of your rights to access and use the Services. However, if we make any material changes to these Terms, we will update the “Last Updated” date set forth at the beginning of these Terms, and we will notify you by e-mail, post a notice on our home page, or alert you to such changes by other similar means. We may also impose limits on certain features of the Services or restrict your access to all or part of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. By continuing to use the Services, you agree to accept all such revisions, and any updates or revisions to these Terms.
1. Privacy and your Personal Information
1.1 AWSOM’s current Privacy Policy may be found at Privacy Policy - Alice L. Walton School of Medicine and is hereby expressly incorporated into these Terms by reference. The Privacy Policy discloses AWSOM’s practices regarding the collection, use, and disclosure of your personal information. By agreeing to these Terms, you are also agreeing to the terms of AWSOM’s Privacy Policy and consenting to the use and disclosure of information you provide to AWSOM as set forth therein. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please contact us at the address set forth in Section 15.
2. Rules and Conduct
2.1 As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms or Applicable Laws. You shall not: (a) take any action that imposes or may impose (as determined by AWSOM in its sole discretion) an unreasonable or disproportionately large load on AWSOM’s (or its third-party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (c) bypass any measures AWSOM may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services); (d) run mail list, listserv, any form of auto-responder, or “spam” on the Services; or (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or part of the Services.
2.2 You shall not, directly or indirectly: (a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (b) modify, translate, or otherwise create derivative works of any part of the Services; or (c) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all Applicable Laws with respect to your use of the Services. AWSOM reserves the right to remove any content from the Services at any time, for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such content).
3. Third-Party Sites and Materials
3.1 The Services may display, use, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites (“Third-Party Websites”). When you access any Third-Party Websites, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use or privacy policies that apply to such Third-Party Materials or Third-Party Websites. These Third-Party Materials and Third-Party Websites are not under AWSOM’s control, and AWSOM is not responsible or liable for the availability, reliability, content, functions, accuracy, legality, appropriateness, services, materials or any other aspect of such Third-Party Materials or found through the use of any Third-Party Websites that link to or from the Services or are otherwise referenced in the Services. AWSOM is providing these Third-Party Materials and links to Third-Party Websites for your convenience. The inclusion of any such Third-Party Materials or links in the Services does not imply endorsement by AWSOM or any association with the Third-Party Website’s operators.
3.2 The providers of Third-Party Materials and Third-Party Websites (each, a “Third-Party Service Provider”) may collect and use certain information about you, as specified in their privacy policies and terms of use. Prior to using or providing any information to any Third-Party Service Provider, you should review their privacy policy and terms of use. If you do not understand or do not agree to the terms of a Third-Party Service Provider’s privacy policy or terms of use, you should not use the related third-party services.
3.3 AWSOM HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY THIRD-PARTY SERVICE PROVIDER. IN ADDITION, YOU AGREE THAT AWSOM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS OR SERVICES PROVIDED BY ANY THIRD PARTIES, INCLUDING ANY THIRD-PARTY SERVICE PROVIDERS LINKED THROUGH THE SERVICES, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM OR ALLEGED TO HAVE RESULTED FROM YOUR USE OF THIRD-PARTY MATERIALS AND THIRD-PARTY WEBSITES.
4. Content; Intellectual Property
4.1 As between you and AWSOM, the Services and all content and material provided via the Services (“Content”) are the sole property of AWSOM. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the Services or any Content or other proprietary rights not owned by you without the written consent of us or the respective owners, or use such Content in any other way that violates a party’s rights or Applicable Law. You shall not: (i) submit, upload, or otherwise input any Content into, or allow any Content to be processed by, any artificial intelligence or machine learning tools, algorithms, or models (e.g., ChatGPT); (ii) use any Content to train or develop any artificial intelligence or machine learning tools, algorithms, or models, or any foundation models or other large-scale models; or (iii) permit, assist, or enable any other person or entity to engage in any of the foregoing.
4.2 You may, to the extent the Services expressly authorize you to do so, download or copy the Content, and other items displayed on the Services for download, for personal use only in accordance with these Terms, provided that you maintain all copyright, trademark, and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use in accordance with these Terms is expressly prohibited without prior written permission from AWSOM, or from the copyright holder identified in such Content’s copyright notice. All rights in and to the Services or Content not expressly granted in these Terms are hereby reserved and retained by AWSOM.
4.3 The name “Alice L. Walton School of Medicine.” and any trademarks or logos used by AWSOM (“AWSOM Marks”) are trademarks or registered trademarks of AWSOM. Other trademarks, service marks, graphics and logos appearing on the Services may be the property of third parties (“Third-Party Marks”). Neither your use of the Services nor these Terms grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the AWSOM Marks or any Third-Party Marks.
5. Termination
5.1 AWSOM may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately upon such notice. Upon termination of your right to use our Services or our termination of the Services, all licenses and other rights granted to you by these Terms will immediately terminate.
5.2 All provisions of these Terms which by their nature should survive termination shall survive termination, including Sections 3 – 15.
6. Disclaimer
6.1 TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT AWSOM DOES NOT WARRANT THAT: (a) THE SERVICES WILL BE ACCURATE, COMPLETE, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (b) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (c) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (d) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT: (x) YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK; AND (y) AWSOM HAS NO FIDUCIARY DUTY TO YOU OR ANY OTHER SPECIAL RELATIONSHIP WITH YOU.
7. Indemnification
7.1 You shall indemnify, defend, and hold harmless AWSOM, its affiliates and its and their respective employees, contractors, directors, suppliers, partners, and representatives from and against any and all liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of or relating to any: (a) use or misuse of, or access to, the Services or Content; (b) your participation in any activities suggested by our Services, including any actions that you take (or refrain from taking), in connection with such suggested activities; (c) breach of these Terms; (d) actual or alleged negligence, willful misconduct, or violation of any Applicable Law in connection with the Services; or (e) infringement, violation, or misappropriation of any intellectual property or other right of any person or entity; in each case (a)–(e) whether by you or any third party accessing the Services on your behalf. AWSOM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with AWSOM in asserting any available defenses.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL AWSOM, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS OR OTHER CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (INCLUDING ANY CONTENT) PROVIDED HEREUNDER, INCLUDING ANY LIABILITY: (a) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (b) FOR ANY DAMAGES IN EXCESS OF TEN U.S. DOLLARS ($10.00). ANY CLAIMS RELATING TO THESE TERMS OR ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE APPLICABLE EVENT GIVING RISE TO SUCH ACTION, OR BE FOREVER BARRED.
9. International Use
9.1 Accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from countries other than the USA, you do so at your own initiative and are responsible for compliance with all Applicable Laws.
10. Governing Law; Mandatory Arbitration; CLASS ACTION WAIVER; and Arbitration Agreement
10.1 Governing Law. These Terms are to be construed and governed in accordance with the internal laws of the State of Arkansas without reference to conflict of law principles.
10.2 Mandatory Arbitration. You and AWSOM agree that except as set forth in this paragraph, any dispute, claim, or controversy that relates to or arises from these Terms or the Services (any of which, a “Claim”), including without limitation related to any data collected or used by us or otherwise related to or arising from our Privacy Policy, or to the accessibility of our Services, will be determined by mandatory binding individual (not class) arbitration. Notwithstanding the above, you and AWSOM both agree that a court, and not an arbitrator, shall have the right to rule on issues related to the scope, enforceability, interpretation, or formation of this arbitration agreement, and neither of us waive or limit our rights to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. EXCEPT AS EXPRESSLY STATED ABOVE, ALL DISPUTES, CLAIMS, AND CONTROVERSIES THAT RELATE TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT AWSOM AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.
10.3 CLASS ACTION WAIVER. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU HEREBY AGREE THAT YOU MAY NOT AND WILL NOT PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION, AS A PLAINTIFF OR CLASS MEMBER IN ANY SUCH ACTION. Unless both you and AWSOM agree otherwise, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
10.4 Arbitration Agreement.
(a) Either you or we may start arbitration proceedings. Any arbitration between you and AWSOM will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by these Terms. You and AWSOM agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). Any arbitration hearings will take place in the county (or parish) of your mailing address in the United States or in Fayetteville, Arkansas.
(b) A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by email (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 60 days after the Notice is received, you or AWSOM may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
(c) A party can appeal an arbitrator’s award pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”) within 30 days of the date of the issuance of the arbitrator’s award. As specified in the Appellate Rules, a party may appeal on the grounds that the arbitrator’s award is based on an error of law that is material and prejudicial; or that the award is based on determinations of fact that are clearly erroneous. As further specified in the Appellate Rules, the decision by the appellate tribunal shall become the final award for purposes of judicial enforcement proceedings. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction. Judgment upon any arbitration award may be entered in any court having jurisdiction. We will pay, or reimburse you for, all fees or costs to the extent required by law or the AAA Rules.
(d) For any Claim for which arbitration is not available, either as set forth above or as a result of this arbitration provision being held unenforceable under Applicable Law as to a particular Claim brought by one party against the other, then legal proceedings involving only that Claim may be instituted solely in the state or federal courts found in Fayetteville, Arkansas. For all purposes of these Terms, all parties hereby irrevocably consent to the jurisdiction of such courts over their person and waive any defense based on improper or inconvenient venue or lack of personal jurisdiction.
11. Integration and Severability
11.1 These Terms, including the Privacy Policy, constitute the entire agreement between you and AWSOM with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and AWSOM with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
12. Miscellaneous
12.1 AWSOM shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond AWSOM’s reasonable control, including mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with AWSOM’s prior written consent. AWSOM may assign, transfer or delegate any of its rights and obligations hereunder without consent. AWSOM’s licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if sent by certified or registered mail, return receipt requested; or when receipt is electronically confirmed, if transmitted by e-mail. Notices to AWSOM must be sent to the physical address set forth in Section 15 (or such other address as AWSOM may designate) by certified or registered mail, return receipt requested.
13. Digital Millennium Copyright Act Policy
13.1 If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want AWSOM to delete, edit, or disable the material in question, you must provide AWSOM with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AWSOM to locate the material; (d) information reasonably sufficient to permit AWSOM to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to AWSOM’s designated agent at the address set forth in Section 15.
14. Accessibility
14.1 AWSOM is committed to ensuring equal access for people with disabilities and will endeavor to maximize the access of people with disabilities to the Services as required by Applicable Law.
15. Contact
15.1 For general matters, you may contact us at the following address or here Contact Us - Alice L. Walton School of Medicine: 1001 NE J St, Bentonville, AR 72712. If you have any issues accessing the Content or the Services due to a disability, please contact us at (479)268-6000 or email awsom@alwmed.org. For issues related to the Digital Millennium Copyright Act, please contact us at:
Owner and Data Controller
Alice L. Walton School of Medicine 1001 NE J St Bentonville, Arkansas, United States 72712
Please read these Terms of Use carefully (“Terms”). These Terms provided by the Alice L. Walton School of Medicine (“AWSOM,” “we,” “our,” and “us”) govern and apply to your access and use of any of AWSOM’s website available at www.alwmedschool.org and to any features or functionalities of such website (collectively, the “Services”), except to the extent such Services are governed by another agreement between AWSOM and you. References in these Terms to “you” or “your” refer to both you and any person or entity on whose behalf you act, if any. By accessing or using our Services, you agree to be bound to all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you may not access or use any portion of the Services in any manner, for any purpose. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms.
ARBITRATION AND CLASS ACTION WAIVER NOTICE: IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT, AS FURTHER SET FORTH BELOW, REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU ARE GIVING UP THE RIGHT TO SUE US IN COURT OR IN CLASS ACTIONS OF ANY KIND. You acknowledge and agree that, except as otherwise provided in these Terms, or as required by any applicable law, rule, or regulation of a governmental or regulatory authority (“Applicable Laws”): (a) you will submit any claims you may have against us to binding and final arbitration; (b) you will only be permitted to pursue claims against us on an individual basis, and not as a plaintiff or class member in any class or representative action or proceeding; (c) you will only be permitted to seek relief (including monetary, injunctive, or declaratory relief) on an individual basis; and (d) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
OUR RIGHT TO UPDATE TERMS AND SERVICES: We reserve the right, at our discretion, to modify, replace, update or change any of these Terms or change, suspend, or discontinue the Services (including the availability of any feature, database, or content) at any time and for any reason. AWSOM shall not be liable to you for any such modification, replacement, suspension or discontinuation of your rights to access and use the Services. However, if we make any material changes to these Terms, we will update the “Last Updated” date set forth at the beginning of these Terms, and we will notify you by e-mail, post a notice on our home page, or alert you to such changes by other similar means. We may also impose limits on certain features of the Services or restrict your access to all or part of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. By continuing to use the Services, you agree to accept all such revisions, and any updates or revisions to these Terms.
1. Privacy and your Personal Information
1.1 AWSOM’s current Privacy Policy may be found at Privacy Policy - Alice L. Walton School of Medicine and is hereby expressly incorporated into these Terms by reference. The Privacy Policy discloses AWSOM’s practices regarding the collection, use, and disclosure of your personal information. By agreeing to these Terms, you are also agreeing to the terms of AWSOM’s Privacy Policy and consenting to the use and disclosure of information you provide to AWSOM as set forth therein. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please contact us at the address set forth in Section 15.
2. Rules and Conduct
2.1 As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms or Applicable Laws. You shall not: (a) take any action that imposes or may impose (as determined by AWSOM in its sole discretion) an unreasonable or disproportionately large load on AWSOM’s (or its third-party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (c) bypass any measures AWSOM may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services); (d) run mail list, listserv, any form of auto-responder, or “spam” on the Services; or (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or part of the Services.
2.2 You shall not, directly or indirectly: (a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (b) modify, translate, or otherwise create derivative works of any part of the Services; or (c) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all Applicable Laws with respect to your use of the Services. AWSOM reserves the right to remove any content from the Services at any time, for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such content).
3. Third-Party Sites and Materials
3.1 The Services may display, use, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites (“Third-Party Websites”). When you access any Third-Party Websites, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use or privacy policies that apply to such Third-Party Materials or Third-Party Websites. These Third-Party Materials and Third-Party Websites are not under AWSOM’s control, and AWSOM is not responsible or liable for the availability, reliability, content, functions, accuracy, legality, appropriateness, services, materials or any other aspect of such Third-Party Materials or found through the use of any Third-Party Websites that link to or from the Services or are otherwise referenced in the Services. AWSOM is providing these Third-Party Materials and links to Third-Party Websites for your convenience. The inclusion of any such Third-Party Materials or links in the Services does not imply endorsement by AWSOM or any association with the Third-Party Website’s operators.
3.2 The providers of Third-Party Materials and Third-Party Websites (each, a “Third-Party Service Provider”) may collect and use certain information about you, as specified in their privacy policies and terms of use. Prior to using or providing any information to any Third-Party Service Provider, you should review their privacy policy and terms of use. If you do not understand or do not agree to the terms of a Third-Party Service Provider’s privacy policy or terms of use, you should not use the related third-party services.
3.3 AWSOM HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY THIRD-PARTY SERVICE PROVIDER. IN ADDITION, YOU AGREE THAT AWSOM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS OR SERVICES PROVIDED BY ANY THIRD PARTIES, INCLUDING ANY THIRD-PARTY SERVICE PROVIDERS LINKED THROUGH THE SERVICES, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM OR ALLEGED TO HAVE RESULTED FROM YOUR USE OF THIRD-PARTY MATERIALS AND THIRD-PARTY WEBSITES.
4. Content; Intellectual Property
4.1 As between you and AWSOM, the Services and all content and material provided via the Services (“Content”) are the sole property of AWSOM. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the Services or any Content or other proprietary rights not owned by you without the written consent of us or the respective owners, or use such Content in any other way that violates a party’s rights or Applicable Law. You shall not: (i) submit, upload, or otherwise input any Content into, or allow any Content to be processed by, any artificial intelligence or machine learning tools, algorithms, or models (e.g., ChatGPT); (ii) use any Content to train or develop any artificial intelligence or machine learning tools, algorithms, or models, or any foundation models or other large-scale models; or (iii) permit, assist, or enable any other person or entity to engage in any of the foregoing.
4.2 You may, to the extent the Services expressly authorize you to do so, download or copy the Content, and other items displayed on the Services for download, for personal use only in accordance with these Terms, provided that you maintain all copyright, trademark, and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use in accordance with these Terms is expressly prohibited without prior written permission from AWSOM, or from the copyright holder identified in such Content’s copyright notice. All rights in and to the Services or Content not expressly granted in these Terms are hereby reserved and retained by AWSOM.
4.3 The name “Alice L. Walton School of Medicine.” and any trademarks or logos used by AWSOM (“AWSOM Marks”) are trademarks or registered trademarks of AWSOM. Other trademarks, service marks, graphics and logos appearing on the Services may be the property of third parties (“Third-Party Marks”). Neither your use of the Services nor these Terms grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the AWSOM Marks or any Third-Party Marks.
5. Termination
5.1 AWSOM may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately upon such notice. Upon termination of your right to use our Services or our termination of the Services, all licenses and other rights granted to you by these Terms will immediately terminate.
5.2 All provisions of these Terms which by their nature should survive termination shall survive termination, including Sections 3 – 15.
6. Disclaimer
6.1 TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT AWSOM DOES NOT WARRANT THAT: (a) THE SERVICES WILL BE ACCURATE, COMPLETE, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (b) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (c) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (d) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT: (x) YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK; AND (y) AWSOM HAS NO FIDUCIARY DUTY TO YOU OR ANY OTHER SPECIAL RELATIONSHIP WITH YOU.
7. Indemnification
7.1 You shall indemnify, defend, and hold harmless AWSOM, its affiliates and its and their respective employees, contractors, directors, suppliers, partners, and representatives from and against any and all liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of or relating to any: (a) use or misuse of, or access to, the Services or Content; (b) your participation in any activities suggested by our Services, including any actions that you take (or refrain from taking), in connection with such suggested activities; (c) breach of these Terms; (d) actual or alleged negligence, willful misconduct, or violation of any Applicable Law in connection with the Services; or (e) infringement, violation, or misappropriation of any intellectual property or other right of any person or entity; in each case (a)–(e) whether by you or any third party accessing the Services on your behalf. AWSOM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with AWSOM in asserting any available defenses.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL AWSOM, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS OR OTHER CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (INCLUDING ANY CONTENT) PROVIDED HEREUNDER, INCLUDING ANY LIABILITY: (a) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (b) FOR ANY DAMAGES IN EXCESS OF TEN U.S. DOLLARS ($10.00). ANY CLAIMS RELATING TO THESE TERMS OR ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE APPLICABLE EVENT GIVING RISE TO SUCH ACTION, OR BE FOREVER BARRED.
9. International Use
9.1 Accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from countries other than the USA, you do so at your own initiative and are responsible for compliance with all Applicable Laws.
10. Governing Law; Mandatory Arbitration; CLASS ACTION WAIVER; and Arbitration Agreement
10.1 Governing Law. These Terms are to be construed and governed in accordance with the internal laws of the State of Arkansas without reference to conflict of law principles.
10.2 Mandatory Arbitration. You and AWSOM agree that except as set forth in this paragraph, any dispute, claim, or controversy that relates to or arises from these Terms or the Services (any of which, a “Claim”), including without limitation related to any data collected or used by us or otherwise related to or arising from our Privacy Policy, or to the accessibility of our Services, will be determined by mandatory binding individual (not class) arbitration. Notwithstanding the above, you and AWSOM both agree that a court, and not an arbitrator, shall have the right to rule on issues related to the scope, enforceability, interpretation, or formation of this arbitration agreement, and neither of us waive or limit our rights to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. EXCEPT AS EXPRESSLY STATED ABOVE, ALL DISPUTES, CLAIMS, AND CONTROVERSIES THAT RELATE TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT AWSOM AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.
10.3 CLASS ACTION WAIVER. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU HEREBY AGREE THAT YOU MAY NOT AND WILL NOT PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION, AS A PLAINTIFF OR CLASS MEMBER IN ANY SUCH ACTION. Unless both you and AWSOM agree otherwise, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
10.4 Arbitration Agreement.
(a) Either you or we may start arbitration proceedings. Any arbitration between you and AWSOM will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by these Terms. You and AWSOM agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). Any arbitration hearings will take place in the county (or parish) of your mailing address in the United States or in Fayetteville, Arkansas.
(b) A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by email (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 60 days after the Notice is received, you or AWSOM may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
(c) A party can appeal an arbitrator’s award pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”) within 30 days of the date of the issuance of the arbitrator’s award. As specified in the Appellate Rules, a party may appeal on the grounds that the arbitrator’s award is based on an error of law that is material and prejudicial; or that the award is based on determinations of fact that are clearly erroneous. As further specified in the Appellate Rules, the decision by the appellate tribunal shall become the final award for purposes of judicial enforcement proceedings. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction. Judgment upon any arbitration award may be entered in any court having jurisdiction. We will pay, or reimburse you for, all fees or costs to the extent required by law or the AAA Rules.
(d) For any Claim for which arbitration is not available, either as set forth above or as a result of this arbitration provision being held unenforceable under Applicable Law as to a particular Claim brought by one party against the other, then legal proceedings involving only that Claim may be instituted solely in the state or federal courts found in Fayetteville, Arkansas. For all purposes of these Terms, all parties hereby irrevocably consent to the jurisdiction of such courts over their person and waive any defense based on improper or inconvenient venue or lack of personal jurisdiction.
11. Integration and Severability
11.1 These Terms, including the Privacy Policy, constitute the entire agreement between you and AWSOM with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and AWSOM with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
12. Miscellaneous
12.1 AWSOM shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond AWSOM’s reasonable control, including mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with AWSOM’s prior written consent. AWSOM may assign, transfer or delegate any of its rights and obligations hereunder without consent. AWSOM’s licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if sent by certified or registered mail, return receipt requested; or when receipt is electronically confirmed, if transmitted by e-mail. Notices to AWSOM must be sent to the physical address set forth in Section 15 (or such other address as AWSOM may designate) by certified or registered mail, return receipt requested.
13. Digital Millennium Copyright Act Policy
13.1 If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want AWSOM to delete, edit, or disable the material in question, you must provide AWSOM with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AWSOM to locate the material; (d) information reasonably sufficient to permit AWSOM to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to AWSOM’s designated agent at the address set forth in Section 15.
14. Accessibility
14.1 AWSOM is committed to ensuring equal access for people with disabilities and will endeavor to maximize the access of people with disabilities to the Services as required by Applicable Law.
15. Contact
15.1 For general matters, you may contact us at the following address or here Contact Us - Alice L. Walton School of Medicine: 1001 NE J St, Bentonville, AR 72712. If you have any issues accessing the Content or the Services due to a disability, please contact us at (479)268-6000 or email awsom@alwmed.org. For issues related to the Digital Millennium Copyright Act, please contact us at: Owner and Data Controller Alice L. Walton School of Medicine 1001 NE J St Bentonville, Arkansas, United States 72712