General Legal Information
1. ACCEPTANCE OF TERMS—Welcome to healthywomen.org. This agreement ("Agreement") is between National Women's Health Resource Center ("NWHRC") and you and your agents ("you" or "yours") for the use of this Web site (the "Site"). This Agreement includes any guidelines or rules posted and updated on the Site by NWHRC from time to time. By using the Site, you agree to this Terms and Conditions Agreement. You can review the most current version of this Agreement at any time at http://www.healthywomen.org.
2. OWNERSHIP OF SITE AND RESTRICTIONS ON USE OF CONTENT—The Site is owned by NWHRC. NWHRC is a nonprofit 501(c)(3) organization that serves as the national clearinghouse for women's health information. All content contained within is original content, reviewed and approved for medical accuracy by leading medical and health experts. You acknowledge that this Web site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is generally provided by NWHRC or by licensors of NWHRC. You agree and acknowledge that, notwithstanding that NWHRC permits access to the Content, the Content or its use or the use of this Site is protected by patents, copyrights, trademarks and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the Site and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by NWHRC and third parties. In addition to NWHRC's and its licensors' rights in individual elements of the Contents, NWHRC owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another Web site, or in any other way exploit the Site and/or any of the Content, in whole or in part.
3. PRIVACY POLICY—Our Privacy Policy may be viewed at http://www.healthywomen.org/privacypolicy. The terms and conditions of the Privacy Policy are hereby incorporated by reference herein.
4. DISCLAIMER OF WARRANTIES—THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NWHRC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NWHRC MAKES NO WARRANTY THAT THE SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USING THE SITE.
5. LIMITATION OF LIABILITY—YOU EXPRESSLY UNDERSTAND AND AGREE THAT NWHRC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS OR OTHER LOSSES (EVEN IF NWHRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SITE, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.
6. YOUR CONDUCT ON THE SITE—In the event that NWHRC permits you to upload, post, email or otherwise transmit content, data, information or other materials (collectively, "User Content") for display on the Site otherwise, you will be responsible for all such User Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that appears on the Site and not to download, email or otherwise transmit such User Content in violation of such third party's rights. By submitting User Content to NWHRC, you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such User Content.
You are expressly prohibited from placing any message in any User Content or any product, good or service or otherwise transmitting through or posting on the Site (including in any email message or any chat board posting) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law (collectively, "Prohibited Conduct"). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that NWHRC is not responsible or liable to you or any other party or user of the Site for any Prohibited Conduct by you or any other party or user of the Site.
You may not collect or store personal data of other users of the Site without the prior, written permission of such user(s).
You may not directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may adversely affect NWHRC or any user of the Site.
You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facilities.
7. YOUR RESPONSIBILITIES—You acknowledge and agree that by providing the Site hereunder, NWHRC is not rendering medical or other health care services or engaged in the practice of medicine and shall not be liable to any party for any act or failure to act relating thereto, in addition to any limitation of liability provisions contained in this Agreement.
8. LINKS—The Site may provide, or third parties may provide, links to other Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by NWHRC with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and NWHRC is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. Healthywomen.org provides these links as information only to consumers, not medical advice. Information at these sites is not intended as a substitute for medical/health care. Healthywomen.org strongly encourages consumers to speak with their physicians/health care professionals about their particular health concerns. Consumers should not use the information at healthywomen.org or linked sites to diagnose diseases or conditions, determine treatment, or to change lifestyle behaviors such as modifying one's diet or starting a fitness regimen. NWHRC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
9. INDEMNITY—You agree to defend, indemnify and hold NWHRC, its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any third party claim, action or demand ("Claim") and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site and/or its Content and/or User Content. NWHRC shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
10. TRADEMARK INFORMATION—NWHRC and our logo are trademarks of NWHRC. Other trademarks are owned by NWHRC or its affiliated entities or are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of NWHRC or the owner of such mark.
11. INTELLECTUAL PROPERTY POLICY—NWHRC reserves the right to terminate this Agreement in appropriate circumstances if you infringe upon the intellectual property rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), NWHRC's designated agent for notice of alleged copyright infringement in connection with the Web site is:
Senior Web Manager
Phone 1-877-986-9472
Email webmaster@healthywomen.org
To file a notice of infringement with NWHRC, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office Web site.
12. INFORMATION—Information provided at Healthywomen.org is designed to encourage women to lead healthy lifestyles and become informed health consumers. Information presented includes, but is not limited to, overviews of health topics, information about diagnosis, treatment and prevention, as well as learning tools such as frequently asked questions and answers, key facts to know, quizzes and questions to ask my health care professional. All content at Healthywomen.org is original content, reviewed and approved for medical accuracy by respected medical experts.
The health content at Healthywomen.org is provided for general informational purposes only, and while comprehensive, should not be considered complete. Healthywomen.org makes reasonable efforts to ensure that the information contained within is accurate and up-to-date, however, the information you access through the site is provided "AS IS" and without warranty, express or implied. Healthywomen.org/NWHRC makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information at the site. It assumes no liability or responsibility for any errors or omissions in the content at the site.
13. HEALTHYWOMEN.ORG NOT A SUBSTITUTE FOR MEDICAL/HEALTH CARE—Healthywomen.org provides information only to consumers, not medical advice. Results are not intended as a substitute for medical/health care. Healthywomen.org strongly encourages consumers to speak with their physicians/health care professionals about their particular health concerns. Consumers should not use the information provided by Healthywomen.org to diagnose diseases or conditions, determine treatment or to change lifestyle behaviors such as modifying one's diet or starting a fitness regimen. Information provided by Healthywomen.org is designed to support, not replace, the relationship between the visitor/patient and his/her physician/health care professional.
By using Healthywomen.org, you agree not to rely solely on any of the information contained within. Under no circumstances shall Healthywomen.org be liable for your reliance on any such information.
14. SITE FUNCTIONING—Healthywomen.org cannot and does not warrant that the information at the site and its associated functionality will be uninterrupted or error-free. Healthywomen.org cannot warrant against human and machine errors, omissions, delays, interruptions or losses, viruses and infection. Healthywomen.org will make every reasonable effort to correct information errors and site functionality problems in an expedient fashion.
15. SOURCING OF HEALTH CONTENT AT HEALTHYWOMEN.ORG—A link to a list of references may be found at each section of health content at Healthywomen.org. These references are sources that the editorial staff of NWHRC consulted to develop the content.
To ensure that the information at Healthywomen.org is timely and accurate, sources consulted for this information are:
- Generally, reviewed for updates on an annual basis;
- Peer-reviewed reputable medical journals; publications of leading consumer health advocacy organizations, federal agencies, and academic institutions.
- Books published by respected medical experts and/or academic medical centers.
Whenever possible, links are provided from facts, figures and studies referenced in the health content to their original sources, if those sources are available on-line. References also are available upon request by contacting the NWHRC at info@healthywomen.org.
Treatment options presented within the content at Healthywomen.org are meant for information purposes only and not as a substitute for medical advice. The NWHRC does not endorse or promote any product, device or medication that may appear within any discussion of treatment options. Efforts are made to present to the reader all treatment options available. Whenever possible, additional information about claims relating to the benefits or performance of specific medical treatment options presented within the content is available via a link to appropriate reputable sites, such as the U.S. Food & Drug Administration (FDA).
All content at Healthywomen.org is reviewed annually. The date content was posted (created) and last updated (modified) may be found on the bottom of each page.
16. ADVERTISING POLICY—The NWHRC offers opportunities for third-party sponsors to support www.healthywomen.org. Support is primarily in the form of educational grants to the NWHRC that enables the Center to expand healthywomen.org as the premier consumer women's health Web site, and build a robust inventory of quality, unbiased and comprehensive health information for women.
The NWHRC retains full editorial control over all content of the site, regardless of support from third-party sponsors. All content at the site is original, developed by the Center, and reviewed and approved by leading medical experts comprising its Women's Health Advisory Council. The NWHRC does not permit third-party sponsors to control content development and editorial, nor introduce specific information about therapeutic treatment options or products directly into content.
Because it is important for the consumer to distinguish between Healthywomen.org's consumer health information and its third-party sponsors, acknowledgment of these sponsors is separated from health content and placed in distinct areas at the site.
Support from third-party sponsors at healthywomen.org does not imply an endorsement or promotion of the sponsor, nor its content, products or services.
Click here for more specific information regarding Healthywomen.org's Advertising Policy.
17. EDITORIAL POLICY—Click here to read Healthywomen.org's Editorial Policy.
18. CONTACTING NWHRC FOR MORE INFORMATION—Within the "About NWHRC" section at Healthywomen.org, visitors can obtain contact information including addresses, phone numbers and email addresses.
For general consumer health inquiries, individuals can contact the NWHRC at:
National Women's Health Resource Center, Inc.
157 Broad Street
Suite 106
Red Bank, New Jersey 07701
Toll-free telephone number: 1-877-986-9472
Fax Number: 732-530-3347
Email: info@healthywomen.org
Visitors who have questions or would like additional health information, may email the NWHRC using the email address found at the bottom of every page of Healthywomen.org - info@healthywomen.org.
Visitors who have questions or would like to report problems with site functionality, may email the Web Master using the email address found at the bottom of every page of Healthywomen.org - webmaster@healthywomen.org
19. MISCELLANEOUS—You understand and agree that NWHRC may from time to time establish and revise practices and limitations concerning the Site and your use of the Site. You agree that NWHRC shall have no liability for the deletion or failure to store any messages and other communications or other Content or User Content maintained on the Site or transmitted using the Site. This Agreement constitutes the entire agreement between you and NWHRC and governs your use of the Site. You also may be subject to additional terms and conditions that may apply when you use third party content or Site available through the Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and NWHRC and any of its affiliates, employees, contractors, officers or directors agree that this Agreement and the relationship between you and NWHRC will be governed by the laws of the District of Columbia, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and NWHRC will rest exclusively in the state and federal courts located in the District of Columbia. The failure of NWHRC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or this Agreement must be filed within one year after such claim or cause of action arose. NWHRC may provide notice to you by email or regular mail. The Site may also provide notice of changes to this Agreement at any time and from time to time by displaying notices to you on pages of the Site. The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
Last revised June 12, 2007.
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