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Privacy Policy
1.0 Introduction

Bluwave Software, Inc. ("Bluwave") and its affiliates and subsidiaries (collectively, "we", "us" and "our") value your confidence and respect your privacy. We hold the privacy of our users in the highest regard. This Website Terms of Use Agreement ("Agreement") is a contract by and between Bluwave and you, which outlines the terms and conditions governing the use of personal information which you give to us, or which we obtain about you, from various sources, including, but not limited to, our: (i) website, located at www.bluwave.com ("Website"), (ii) products and services, whether hosted, delivered, or maintained on our Website and servers or third-party websites and servers, and (iii) relationships with third-party partners.

2.0 User Consent

By using our Website, products or services, or relationships with third-party partners, you expressly consent to our collection, use, and disclosure of your information as described in this Agreement and agree that you are voluntarily entering into this Agreement.

2.1 Child Users
We do not knowingly collect or maintain personal information from any person under the age of thirteen. No parts of our Website, products or services, or relationships with third-party partners are designed to attract anyone under the age of thirteen.

2.2 International Users
Your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of information may be less stringent than the laws in your country.

3.0 User Information We Collect and How We Use It

One of our primary goals in collecting personal information from you is to give you a meaningful, enjoyable, and customized experience while utilizing our Website, products and services, or relationships with third-party partners and to allow us to develop new products and services that are relevant to visitors. Personal information also allows us to provide specific services and features that most likely meet your needs and to customize the Website or products and services to make your experience more efficient, efficacious, and enjoyable.

3.1 User Information We Collect

3.1.1 Personal Information
We collect information from you when you register for our Website, products and services, or relationships with our third-party partners, including, but not limited to, your: (i) name, (ii) shipping address, (iii) phone number, (iv) fax number, (v) email address, (vi) date of birth, and (vii) demographics. For the use or purchase of certain products or services, we may also collect information, including, but not limited to, your: (i) professional designation, (ii) areas of specialty, (iii) state license number, (iv) medical school and year of graduation, and (v) credit card information and billing address (during purchase). If you voluntarily provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply. When you voluntarily participate in one of our surveys or programs, we may collect additional user information, as described below.

3.1.2 Non-Personal Information
In addition to gathering information through the registration of users, we may also monitor the use of our Website, products and services, or relationships with third-party partners by collecting aggregate, anonymous, non-personal information. Typically, this information tracks user patterns throughout our Website, and it may include information, including, but not limited to, your: (i) browser type, (ii) operating system, (iii) date and time of your visit, (iv) IP address, (v) domain name, (vi) referring URL, (vii) number of pages visited, and (viii) user response rate. This information enables us to provide a more enjoyable and personalized experience, as well as tracking errors.

3.1.3 Information from Cookies
Additionally, when you use our Website, products and services, or relationships with third-party partners, we may monitor your use of the Website by collecting aggregate information through the use of "cookies." Cookies are small pieces of information that a website transfers to the memory or hard drive on your computer. Most web browsers have options that allow you to control whether or not to accept cookies. However, disabling cookies in your browser may prevent access to some parts of our Website, products and services, and relationships with third-party partners.

3.1.4 Information from Market Research
You may also elect to participate in market research surveys or programs when you use our Website, products and services, or relationships with third-party partners. By submitting answers to these surveys or programs, you are providing specific feedback to us or certain third parties, as described below. Participation in a survey or program is voluntary and you have the opportunity to decline participation. If you elect to participate in a survey or program, we may disclose your information to certain third parties, as described below.

3.1.5 Information from Other Sources
We may occasionally supplement your information with information we receive from other sources, including, but not limited to: (i) companies that provide our products or services by way of a co-branded or private-labeled website, (ii) companies (e.g., pharmaceutical companies) that sponsor surveys or programs on our Website, (iii) downloadable software applications from our Website, or (iv) professional organizations (e.g., the American Medical Association), which we will add to the information which we already hold about you.

3.2 How We Use Information

We use the information we collect to: (i) administer our business activities, (ii) improve our Website, products and services, and relationships with third-party partners, (iii) provide customer service, (iv) make products and services available to our users and customers, and (v) for recruiting, marketing, and other business purposes.

Without limiting the foregoing, this information helps us to: (i) create your account, (ii) verify your identity, (iii) verify your eligibility for products and services, (iv) deliver interactive educational programs, (v) provide you support, (vi) initiate and fulfill orders, (vii) complete transactions, and (viii) administer our Website, products and services, and relationships with third-party partners

Without limiting the foregoing, we may use your personal information to communicate with you. For example, we may correspond with you (via email, mail, phone, or fax, or phone) in relation to: (i) your transactions and orders, (ii) participation in our surveys, programs, and services, (iii) invitations to new surveys, programs, and services, (iv) information about new surveys, programs, and services, and (v) developments in the use of pharmaceuticals or selected information from the pharmaceutical industry related to your medical specialty. We use contact and demographic information to offer participation in surveys or programs. We may need to respond to your comments or requests for information, or we may contact you if needed in the course of processing or shipping products or services offered through our Website. We may also use contact and demographic information to extend offers to you from our third-party partners.

4.0 Disclosing Personal Information

4.1 Disclosure to Third Parties
In order to provide you with our Website, products and services, and relationships with third-party partners, we may share your information with our suppliers, agents, contractors, or other service providers in connection with the services they perform. These aforementioned individuals and entities are required not to sell, share, or use your personal information, unless necessary to provide the services requested by us.

We may disclose your personal information to our third-party partners, who may use this information for approved purposes, including, but not limited to: (i) providing services requested by us, or (ii) conducting their recruiting, marketing or other business purposes. We do not control the privacy practices of our third-party partners.

There are specific, limited instances when personal information may be shared with accredited Continuing Medical Education ("CME") providers for their fulfillment of their reporting obligations under the Accreditation Council for Continuing Medical Education ("ACCME") and other accrediting bodies. We do not control the privacy practices of these entities.

We may create non-personally identifiable information in aggregate from personal information about our users, sales, products, or traffic patterns ("anonymous information"). This anonymous information does not include any personally identifiable information. We use this anonymous information to analyze request and usage patterns so that we may enhance the content of our Website, products and services, and relationships with third-party partners. We reserve the right to use and disclose anonymous information to third parties in our discretion.

4.2 Disclosure by Law
We may use or disclose personal information if we believe in good faith that such use or disclosure is necessary to: (i) help identify any person attempting to break into or damage our Website, (ii) investigate, prevent, or take action regarding any illegal activities, (iii) comply with relevant laws, or legal or regulatory obligations, (iv) respond to subpoenas or warrants served on us, or (v) protect or defend the rights or property of us or our customers. Without limiting the foregoing, we may share personal information with law enforcement agencies if we believe that we have evidence of a violation of computer security or related laws.

5.0 Protecting Personal Information

We have a number of security measures in place to help protect and safeguard your personal information from accidental loss, misuse, unauthorized access, disclosure, alteration, or accidental destruction. Although no website can guarantee the absolute security of your information, we are committed to taking commercially reasonable precautions. These precautions include the use of: (i) firewalls, (ii) secure connections on our Website, and (iii) Secured Socket Layers (SSLs) that encrypt pages which collect sensitive information. Personal information is stored in limited access servers and physical access to our servers requires individual authorization and authentication. However, for added protection, we ask that you keep your login information and passwords confidential.

6.0 Updating Personal Information

It is important to us that you are able to take an active role in your experience with us. We highly recommend that you confirm and update your personal information regularly. You can update or change your profile online at any time. You may request deletion of your personal information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. While updating your profile, you can select the type of messages and communications that you want to receive, which will further customize your user experience, as described below.

7.0 User Choices

7.1 Promotional Communications
As described above, we may periodically provide you marketing communications (via email, mail, phone, or fax) promoting our Website, products and services, and relationships with third-party partners. When you receive marketing communications from us, you may indicate a preference to stop receiving further communications from us by "opting-out" via (i) the unsubscribe instructions provided in the email you receive, or (ii) contacting us directly. Despite your indicated email preferences, we may send you notice of any updates to this Agreement and other service-related, non-marketing communications.

7.2 Privacy Rights
As described above, we may provide your personal information to third parties for their marketing purposes. You may indicate a preference for us to stop providing your information to third parties for their marketing purposes by "opting-out" via (i) the unsubscribe instructions provided in the email you receive, or (ii) contacting us directly. After you "opt-out," we will stop disclosing your personal information to third parties for their marketing purposes, unless you "opt-in" by (i) contacting us directly, or (ii) signing up for another survey or program. If you wish to discontinue receipt of marketing emails from third parties to whom weíve already disclosed your personal information, please contact the third parties directly to update your preferences.

Questions about user privacy rights or requests regarding user privacy may be directed to us via email at info@bluwave.com or via mail at the following address:
Bluwave Software, Inc.
Attn: User Privacy
124 Unionville-Indian Trail Rd., Suite A3
Indian Trail, NC 28079

8.0 Changes to This Agreement

We may make amendments to this Agreement at any time. Any material changes to this Agreement will be effective upon the earlier of: (i) five calendar days following our dispatch of an email notice to you, or (ii) fourteen calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website, products and services, or relationships with third-party partners. Please note that at all times, you are responsible for updating your personal information to provide us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Agreement may affect our use of personal information that you provided to us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Website, products and services, or relationships with third-party partners following notice of such changes shall indicate your acknowledgement of such changes and your consent to be bound by them.

9.0 Other Relevant Information

9.1 Major Change Event
If we are ever (i) sold, (ii) acquired, (iii) merged with another entity, (iv) become insolvent, (v) or declare bankruptcy, our Website, products and services, and relationships with third-party partners, and any information obtained through them (including, but not limited to, personal information) may be transferred or sold to another entity in connection with such an event. That entity will assume the rights and obligations regarding your personal information as described in this Agreement.

9.2 Third-Party Links
Our Website may contain links to and from other third-party websites. These third-party websites are not covered by this Agreement, and we are not responsible for the privacy practices or the content of these third-party websites.

9.3 Paragraph Headings
The headings of sections of this Agreement are for convenience and are not to be used in interpreting this Agreement.

9.4 Severability
If any provision of this Agreement is held invalid or otherwise unenforceable by any Court, such Court is authorized to revise such provision in a manner as to make it enforceable and fulfill the intent and purpose of this Agreement. If such revision is determined to be impossible, such unenforceable provision shall be stricken from this Agreement and shall not affect the enforceability of the remaining provisions.

9.5 Waiver
Our failure to enforce strict adherence to any provision of this Agreement does not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

9.6 Successors and Assigns
Except as otherwise provided in this Agreement, this Agreement shall be binding upon and inure to the benefit of the all parties and their respective successors and permitted assigns.

9.7 Governing Law
This Agreement shall be governed by and construed under the laws of the State of North Carolina and the laws of the United States. The application of the United Nations Covenant on Contract for the International Sale of Goods is expressly excluded. You agree that this Agreement is considered to be entered into in Union County, North Carolina, USA. Arbitration or suit with respect to this Agreement may be brought only in Union County, North Carolina, USA. You waive all objections to venue to the extent permitted by law.

Last Updated: March 28, 2011
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Copyright 2011 Bluwave Software, Inc. All rights reserved. Bluwave® is a registered trademark of Bluwave Software,Inc. Lexicomp is a trademark of Lexi-Comp, Inc.
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