General User Terms and Conditions

Security, Confidentiality, and Usage Guidelines

The Dancer Wellness Project (DWP) is a secured internet application designed to provide information related to but not limited to dance screens, injury tracking, exposure tracking, and other dancer health data collection efforts. Given that the DWP is an internet based resource, the DWP is not responsible for costs such as but not limited to computers, internet access, and other provider costs.

The DWP is utilized by many affiliates and at each affiliate a group of professionals called the Dancer Wellness Team ("Team") interface with you.

When a member of your Team grants you access to the DWP you will receive an automatic system generated email notification with a system-generated temporary password and instructions on how to initiate your account. No one except you will receive this message nor will anyone have the password generated for you. Once you login the DWP for the first time, you will be prompted to provide additional information that will aid in your online security. In this initial process, you will be prompted to provide a new password of your choosing. Nobody will have access to the password you create. This password is used to authenticate your login for future website access and is essential in protecting your confidentiality. You are responsible for remembering and safeguarding this password therefore, it is important that you keep this password in a safe location. If you feel that your security has been compromised, you are responsible for and required to change your password and encouraged to report this concern to the DWP and to your Team. The DWP nor any affiliate shall be liable for any damages that result from your failure to keep your password secured.

You can change your password and security questions at any time. If you forget your password, you can use the online tools to retrieve a new temporary password once you have successfully answered all the necessary security questions.

Once you have established the necessary website login and have provided the required information to help ensure your security, the DWP may be the primary means of retrieving your DWP profile. In order to maintain up-to-date communications, it is essential and you MUST keep your current email address on file. Without an up-to-date email address, it may not be possible to retrieve your password should you need to reset it. (You can update your email address under your account settings.)

No confidential information will be sent to you via email however, you may receive notifications via email that updated information is available for you on the DWP. When you receive such notifications, you will need to login to the DWP to retrieve the information. Additionally, you may receive from time to time important email notices and messages from the DWP and/or your Team.

Because email is not secured or confidential communication medium, you should never send confidential or sensitive information via email to the DWP or any of your Team members.

Your Responsibilities

By accessing the DWP, you agree to be bound by all the terms and conditions of this Agreement and the Privacy Statement as posted. It is important to review this agreement, the privacy statement, and all other terms as posted as these may be periodically modified. You agree that such modifications are effective and binding upon you immediately upon posting of the modified versions.

You agree that the DWP is a communication resource to members of DWP affiliates. You, as a member of one of the DWP affiliates, understand that it provides access to your DWP profile and that you are solely responsible for sharing any of your identified data. If you have elected to participate in any IRB (Institutional Review Board) approved research, additional details may be provided in the signed informed consent document you provided. Some affiliates may provide additional security protocols however, no affiliate can compromise or stipulate less stringent data security measures implemented on the DWP.

It is very possible that other non-medical members of your Team may have access to certain portions of your profile. You should contact your Team to discuss who has access to your information. Should you feel uncomfortable about any possible data disclosures, to an member of your Team, you must communicate with your Team.

You understand that you will receive messages, test results, profile information and other communications via the DWP. Therefore, the DWP will not send and you will not receive written results provided by the DWP.

You understand that there may be situations in which not all of your profile information is made available to you. It is important to discuss these situations with a member of your Team.

The DWP reserves the right in the future to charge a fee for the use of the DWP. You will be notified of this change and asked to agree to these terms before continued use of the DWP system.

Discontinuing the use of the DWP

You may discontinue the use of the DWP at any time by contacting a member of your Team.

You agree that you will not post any offensive materials on this site nor post any materials that may compromise the security, confidentiality of another user of the DWP, another affiliate or any other such material that may infringe on the rights and/or privacy of another individual or affiliate. The DWP reserves the right, at the DWP's sole discretion, to discontinue your use of the DWP service. You will be notified of such action should your access be discontinued.

Your DWP Information

Given the possible change in your Team staffing, your data may be accessed by future members Team and DWP staff. The DWP strictly adheres to required security training for all future DWP staff members.

The DWP adheres to federal guidelines regarding access to medical data and all affiliates of the DWP are bound by these guidelines. These federal guidelines carefully and specifically detail how and if any information is released to a party outside of the DWP. All DWP data is subject to state and federal statutes governing the security and confidentiality of medical information.

The DWP website uses several forms of data encryption software. However, no system can perfectly guard against all risks of intentional intrusion or inadvertent disclosure of information. When you use the DWP, all data transmitted between you and the DWP website is secured via encrypted internet transmission using industry standard technologies. However, you hereby expressly assume the sole risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption, or corruption of data or other information transmitted in connection with the use of the DWP website.

The DWP shall not be responsible for loss of data in trasmission, improper transmission by the affiliate or failure of the affiliate or any third party to act on any communication transmission to or by the affiliate through the DWP. 

Copyright and Trademarks

Your use of the DWP website represents and warrants that you possess the legal right to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all uses of this Web site.

This Web site is for your personal, noncommercial use only. You agree not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site without prior written permission. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy this Web site or the content contained therein or for any other unauthorized purpose without prior written permission. You agree not to use any device, software or routine to interfere with or attempt to interfere with the proper working of this Web site or any activities conducted on this site. You agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

You acknowledge and agree that the DWP owner owns all rights to the Dancer Wellness Website and the content displayed on the site except where noted. Various individuals or entities may contribute, license, or otherwise authorize the use of copyrighted material on the DWP. These individuals or entities are solely responsible for maintaining rights to any copyrighted material they include on the DWP website and may govern its use on the DWP. In such cases, the DWP owner nor any affiliate is liable for the misuse of this copyrighted material.

Liability Disclaimer

The information, software, products, and services published on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The DWP owner/creator may make improvements and/or changes to this Web site at any time. The DWP owner/creator and/or its suppliers, collaborators, and affiliates make no representations about the suitability of the information, software, products, and services contained on this Web site for any purpose. All such information, software, products, and services are provided “as is” without warranty of any kind. The DWP owner/creator and/or its suppliers, collaborators, and affiliates hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall the DWP owner/creator and/or its suppliers, collaborators, or affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Web site or with the delay or inability to use this Web site, or for any information, software, products, and services obtained through this Web site, or otherwise arising out of the use of this Web site, whether based on contract, tort, strict liability or otherwise, even if the DWP owner/creator and/or any of its suppliers, collaborators, or affiliates has been advised of the possibility of damages.

Except where noted, all content included on the DWP including but not limited to text, photographs, graphics, buttons, icons, images, artwork names, logos, trademarks, service marks, and data (the "Content"), in any form including the compilation thereof, are protected by U.S. and international copyright law and conventions.

All affiliate provided data is controlled by the affiliate. This includes the creation of new data, the editing of data, and the removal of data. Additionally, affiliates are responsible for any IRB approved data sharing of data. The DWP is not liable for data sharing actions of any particular affiliate.

Indemnity

As a condition of use of this DWP website, you agree to indemnify the DWP owner/creator, its suppliers, collaborators, and DWP affiliate institutions from and against any and all liabilities, expenses (including attorney's fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions

Site Access and License

The DWP grants a limited license to each user to make personal use of the DWP website and the associated services in accordance with these terms and conditions of use. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Web site and the associated services, making any derivative of the Web site or the associated services, the collection and use of user email addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever. Through this License, you may be able to upload third party data into DWP or download limited medical information.

This license does not grant you access or rights to the DWP source code and any attempts to reverse engineer the DWP website to gain access to any source code is strictly prohibited.  This license does not grant access to source code that may have been developed as part of any customization for any given affiliate or use.  The DWP reserves the right to share source code, templates, scripts, configurations, with other entities in an effort to promote best practices and to build and enahance the functionality of the DWP so long as PHI/confidential/private data is not shared.

Links/Third Party Sources

This DWP website may contain links to web sites owned and operated by other parties. These links are provided to you as a convenience and the DWP nor any of its affiliates are responsible for the content or accuracy for any information provided on those third-party websites. The inclusion of any links to a third-party website does not constitute any endorsement of that website by the DWP nor any of its affiliates. The DWP does not operate, control, or endorse any information, products, or services provided by third parties through internet connections. The use of any of these other websites is at your own risk including, but not limited to, any risks associated with destructive viruses. You are responsible for the adhering to the terms and conditions of use any the privacy statements of other websites.

Updates

The DWP may change these terms and conditions without notice to you

By using this website, you accept these terms

Last Updated: March 26, 2012