License to Use the AWHONN Web site and Services
AWHONN authorizes you to download a single copy of the material on the AWHONN Site solely for your own personal, noncommercial use, provided that you include the following copyright notice: “Copyright ©2009, AWHONN, The Association of Women’s Health, Obstetric & Neonatal Nurses. All rights reserved” and other copyright and proprietary rights notices that are contained in the Web site content. Any special rules for the use of certain software and other items accessible on the AWHONN Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
AWHONN reserves the right to restrict, suspend or discontinue any aspect of the Services and/or to suspend or terminate access to all or any part of the Site or any Services at any time, for any or no reason.
AWHONN provides certain interactive services on the Site, such as message boards, blogs, Ask Our Expert, User Reviews and other pages on the Site where users can post or submit information, materials and other types of content (collectively, “User Submissions”).
You are solely responsible for the content and accuracy of your User Submissions, the consequences of posting those User Submissions, and your reliance on any User Submissions found on the Site. AWHONN and its service providers are not responsible for the consequences of any use or reliance on a User Submissions. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
For each User Submission, you hereby grant AWHONN a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, exploit and display, in whole or in part, the User Submission.
With respect to each User Submission you submit or post, you represent and warrant that:
• The User Submission is your own original content, or you have the necessary rights and permissions to use and grant AWHONN the rights granted herein;
• You have a written release and/or permission from each person depicted or heard in your User Submission for the use of his or her name or likeness and/or voice in any manner as set forth herein; and
• You will pay for any and all royalties and fees owing any person by reason of your User Submission and any exploitation thereof as set forth herein.
AWHONN reserves the right to review, remove or modify any User Submissions for any reason, at any time, without prior notice, at AWHONN’s sole discretion.
Prohibited User Submissions.
You will not post or upload any User Submission on the AWHONN Web site that contains prohibited content. Prohibited content includes, but is not limited to, content that:
• is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by AWHONN in its sole discretion;
• involves the transmission of junk mail, chain letters, pyramid schemes, unsolicited mass mailings or spamming;
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
• provides instructional information about illegal activities;
• provides or creates computer viruses or distributes other harmful computer code;
• solicits passwords or personal information for commercial or unlawful purposes from other users;
• involves commercial activities and/or sales without AWHONN’s prior written consent, such as contests, sweepstakes, or advertising; or
• inhibits any other person from using or enjoying the Site, or which, in the judgment of AWHONN, exposes AWHONN, its service providers or partners, to any liability or detriment of any type.
At its sole discretion, AWHONN reserves the right (but is not obligated) to do any or all of the following:
• Record the dialogue in public chat rooms.
• Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
• Monitor, edit, delete or disclose any communication taking place on the Site.
The Site Does Not Provide Medical Advice
The contents of the AWHONN Site, such as text, graphics, images, information obtained from AWHONN’s licensors, and other material contained on the AWHONN Site are for informational purposes only. Information on this Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the AWHONN Site!
If you think you have a medical emergency, call your doctor or 911 immediately. AWHONN does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by AWHONN, AWHONN employees, others appearing on the Site at the invitation of AWHONN, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials, including words or images, that are sexually explicit. If you find these materials offensive, please do not use the Site.
No Endorsement by AWHONN
AWHONN does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on the Site. Nor does AWHONN or any of its licensors or third party service providers make any warranties with respect to any comments, opinions or statements posted on the Site. Any information or material posted on the Site by users, including advice and opinions, are the views and opinions of those individuals and do not necessarily represent the views of AWHONN or any of its third party service providers or licensors.
Registration and Passwords
If you register on the Site, you agree to provide AWHONN with accurate and truthful information. AWHONN asks that you update your information to keep it accurate and current. You are responsible for maintaining the confidentiality of your password and account information. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your AWHONN account and password; (3) promptly inform AWHONN of any need to deactivate a password.
Advertisements, Searches and Links to Other Sites
Non Commercial Use
The Site is for the personal use of its users and may not be used (e.g., reproduced, copied, resold, manipulated or exploited) in connection with any commercial activities except those that are specifically endorsed or approved by AWHONN. Illegal and/or unauthorized use of the Site, including collecting names and/or email addresses of users of the Site by electronic or other means for the purpose of sending unsolicited email or unauthorized linking to the Site, may result in suspension or termination of your access to the Site, or AWHONN taking other appropriate legal action.
Proprietary Rights of AWHONN
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify AWHONN by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below.
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing 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 AWHONN, or its third party service providers, to locate the material;
4. Information reasonably sufficient to permit AWHONN, or its third party service providers, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Attn: Copyrights & Permissions
1800 M St., NW, Suite 740 South Tower
Washington DC 20036
USE OF THE WEB SITE IS AT YOUR OWN RISK. ALL CONTENT ON THE WEB SITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHILE THE CONTENT AVAILABLE THROUGH THE WEB SITE WAS BELIEVED TO BE ACCURATE AS OF THE DATE IT WAS PREPARED, AWHONN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY SUCH CONTENT. YOU SHOULD VERIFY ANY CONTENT BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES. AWHONN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
AWHONN is not responsible for any incorrect or inaccurate content or User Submissions posted on the Site or in connection with the Services provided, whether caused by Site users, or by any of the equipment or programming associated with or utilized in connection with the Site and/or Services provided. AWHONN is not responsible for the conduct, whether online or offline, of any user of the Site. AWHONN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Site user’s communication. AWHONN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software or failure of any email due to technical problems or traffic congestion on the Internet, the Site, or combination thereof, including any injury or damage to Site users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site and/or the Services. Under no circumstances shall AWHONN be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the Services or from any content posted on the Site or transmitted to Site users, or any interactions between users of the Site, whether online or offline. AWHONN cannot guarantee and does not promise any specific results from use of the Site and/or the Services.
Limitation on Liability
IN NO EVENT SHALL AWHONN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF AWHONN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AWHONN’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AWHONN FOR PARTICIPATION ON THE SITE AND/OR USE OF THE SERVICES DURING THE TERM OF YOUR AUTHORIZED USE OF THE SITE AND THE SERVICES.
Governing Law, Jurisdiction, Venue
The Site is operated by AWHONN or its service providers in the United States.
The Site is operated by AWHONN or its service providers in the United States. The information provided on this Web site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject AWHONN or its affiliates to any registration requirement within such jurisdiction or country. AWHONN makes no representation that the information on the Web site is appropriate or available for use outside the U.S., and access to the Web site from territories where the content of the Web site or use of the Services may be illegal is prohibited. Those who choose to access the Web site from locations outside the U.S. do so on their own initiative and are responsible for compliance with applicable local laws.
You expressly agree that exclusive jurisdiction for any dispute with AWHONN, or in any way relating to your use of the AWHONN Site, resides in the courts of the District of Columbia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the District of Columbia in connection with any such dispute including any claim involving AWHONN or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
Questions or comments regarding this Web site, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to:
c/o Director of Publications
1800 M St., NW, Suite 740 South Tower
Washington DC 20036
Types of Information We Collect.
You may use much of the Site without sharing any personal information. However, at various pages on the Site, you may be asked to provide certain information about yourself. In order to register as a Site user, you are required to provide your name, address and email address. Other examples of where you may be asked to provide personal information on the Site are reminder services, subscription services, customized content tracking services, voluntary sweepstakes or contest entry forms, and to use certain voluntary services offered on the Site, including message boards, chat rooms and bulletin boards. At other places on the Site, we may ask you to provide us with information about yourself, such as contact information, demographic data, general preferences and survey responses.
AWHONN and its service providers may also collect aggregate, non-personal information about your use of the Site. Aggregate Information may include information that is automatically collected as your computer interacts with AWHONN’s servers, and may include but not be limited to items such as clickstream data (internet protocol (“IP”) address, internet service provider, platform type, date/time stamp) http protocol information (last URL requested and browser type), interaction information (browser interaction such as when the mouse moves over an image), computer information (computer and browser information) and search terms (search text).
How We Use Your Information
AWHONN may use your personal and aggregate information to operate the Site, deliver the services you have requested, perform business analyses, tailor the Site and communications to your interests and improve the Site and services. In some cases AWHONN may use service providers to perform some of these tasks, including, but not limited to, performing customer service, business analyses or quality control, and AWHONN may share information about you with these service providers. In such cases, AWHONN will require these service providers to enter into agreements with AWHONN regarding the confidential handling of your information.
AWHONN may share aggregate, non-personal information with advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience.
Disclosure of Information for Legal, Administrative and Corporate Purposes
Message Boards and other Public Forums
As a service to our users, the Site features message boards, chat rooms and other public forums where users with similar interests or medical conditions can share information and support one another or where users can post questions for experts to answer. The Site also offers online discussions moderated by medical or healthcare experts. Any information you share or reveal in a chat room, message board, Ask Our Expert posting or online discussion is open to the public and is not a private, secure submission. You should think carefully before disclosing any personally identifiable information or personal health information (information that relates to your physical or mental health, condition or treatment, and that identifies or can be used to identify you) about yourself in any public forum. You should never disclose any personally identifiable or personal health information about any other person on or through the Site, including postings to any public forum. What you post may be seen, disclosed to or collected by third parties and may be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, this information may also appear in third-party search engines such as Google, Yahoo, and/or MSN.
Information Third Party Sites May Collect From You
Cookies or Web Beacons
The information collected by web beacons allows AWHONN and its service providers to statistically monitor how people are using the Site as well as selected third-party sites, and determine whether people open emails from AWHONN or its service providers. Web beacons at this Site are not used to track your activity outside of our Site. We do not link aggregate information from web beacons to personally identifiable information without your permission.
Newsletters & Emails to You
At registration and at various times as you use the Site, you will be given the option to receive informational newsletters, promotional offers and other types of communications from AWHONN and/or directly from third parties. When you sign up for email newsletters at any other time, you can choose to opt-in to receive additional promotional emails from AWHONN, its sponsors and/or advertisers. In order to subscribe to our email newsletters, you will need to provide your contact information, for example, your name and email address. You can unsubscribe from the newsletters at any time by simply clicking on the “unsubscribe” link that is at the bottom of each email newsletter and following the instructions provided. You may also unsubscribe or change any of your email preferences by clicking on the applicable links in your email newsletter or by changing your profile settings by visiting the “My Account” tab on the Site.
Email a Friend
If you choose to use our Email a Friend service to send a friend information from the Site, you will need to provide your name, email address and your friend’s email address. AWHONN will send the information to your friend, referring to you as the sender. AWHONN will only use the information you provide in connection with your use of this service to fulfill your request, and will not use the information for any other purpose.
Updating Your Information
You may update or change your personal information and email alert communications preferences on the Site by visiting the “My Account” tab on the Site or contacting AWHONN at the email or physical address listed in “How to Contact AWHONN” below.
The Site is not directed to children, and AWHONN does not knowingly collect personal information from children under 13 years of age on the Site.
How to Contact Us Regarding Privacy; Notice
By email: Health4Mom@AWHONN.org
By postal mail:
Director of Publications
1800 M St., NW, Suite 740 South Tower
Washington, DC 20036