Disclaimer
womenhealthdirect.org ("WHD") welcomes you to its online community. WHD provides its service to you, subject to the following disclaimer and the WHD Community Guidelines("Guidelines"), both of which may be updated by us from time to time without notice to you.
In addition, when using particular WHD owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services.
The use of this web site is solely to provide general guidance on matters of interest, on an understanding that the authors and publishers on this web site are providing professional or specific advice.
If you require any personal advice, please consult your own physician or doctor (depending where you live). Also if following any exercise routine or change of diet depicted on this web site, please consult your own physician or doctor before starting.
You understand that all information, data, text, software, photographs, graphics, messages and/or other materials ("Content"), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not WHD, are entirely responsible for all Content that you upload, post, broadcast, display, email, transmit or otherwise make available via the Service. WHD does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize WHD to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Service and the disclaimer; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Service and the disclaimer.
WHD does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to such Content, you grant WHD a world-wide, royalty free, perpetual, unlimited, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display such Content via the Service or on any other WHD property. WHD reserves the right to syndicate the Content submitted, posted, and/or displayed by you and to use that Content in connection with other services offered by WHD. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Service and under the disclaimer. The foregoing license granted by you terminates once you remove or delete Content from the Service.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WHD be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You also agree that, if you post Content containing adult themed material that is not suitable for minors, you will mark the Content as such. If your posted Content contains material that is adult themed and you do not mark it appropriately, WHD shall have the right to cancel your membership. Pornography and sexually explicit images and video are not permitted on WHD.
You acknowledge that WHD may or may not pre-screen Content, but that WHD and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, remove or move any Content that is available via the Service. Without limiting the foregoing, WHD and its designees shall have the right to remove any Content that violates the disclaimer or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by WHD or submitted to WHD,
including without limitation information in WHD Groups, and in all other parts of the Service.
You acknowledge, consent and agree that WHD may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the disclaimer; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of WHD, its users and the public.
WHD also restricts the posting of overtly commercial articles on or via the Services. Overtly commercial articles is content whose primary purpose is to sell a product or services or induces Members to enroll in a promotional or money-making enterprise that may or may not be legitimate in nature. WHD reserves the right to review and remove any overtly commercial articles, at its sole discretion. Articles must provide legitimate informational and/or entertainment value for the community. For those seeking to promote legitimate commercial offers to the WHD community, please contact our ad sales department: support at womenhealthdirect.org.
WHD often allows Content to be posted that contains a link to free goods or services. WHD typically allow those to remain on the site within "Freebie" groups if this Content is not self-promoting. WHD always reserves the right, at its sole discretion, to remove all types of Content from the Service.
Recognizing the global nature of the Internet, and specifically of this site, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data.
WHD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WHD shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Your correspondence or business dealings with, or participation in promotions of third parties, such as advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such party. You agree that WHD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources, because WHD has no control over such sites and resources, you acknowledge and agree that WHD is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WHD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such links, site or resource, or any failures and/or disruption to your computer system that results from your use of any such links.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of WHD and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in both advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WHD or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
WHD grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by WHD for use in accessing the Service.
WHD, womenhealthdirect.org, and the WHD logo are trademarks and service marks of womenhealthdirect.org and other WHD logos and product and service names are trademarks and service marks of WHD (collectively, the "WHD Marks"). Without WHD's prior permission, you agree not to display or use in any manner, the WHD Marks.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND THE CONTENT, AND ANY GOODS PROCURED VIA THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WHD MAKES NO WARRANTY THAT (i) THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED, INCLUDING BUT NOT LIMITED TO ANY CONTENT, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE DISCLAMER.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHD SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ADVERTISERS OR MERCHANTS ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN SECTIONS ABOVE MAY NOT APPLY TO YOU.
NOTICE
WHD may provide you with notices by email, regular mail, or postings on the site.
NOTICE AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
WHD respects the intellectual property of others, and WHD ask all users to do the same. WHD may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members and prohibit the use of the Service by certain users who may be repeat infringers. If you are a copyright owner or an agent thereof and believe that any Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please send this information to WHD at support at womenhealthdirect.org.
You acknowledge that if you fail to comply with all the above requirements, your DMCA notice may not be valid.
GENERAL INFORMATION
Entire Agreement. This disclaimer constitutes the entire agreement between you and WHD and governs your use of the Service, superseding any prior agreements between you and WHD with respect to the Service. You also may be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines or rules that may apply when you use or purchase certain elements of the Service, affiliate, merchant, or advertiser services, third-party content, or third-party software.
Independent Contractors. Nothing contained in this discaimer shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.
Choice of Law and Forum. The disclaimer and the relationship between you and WHD shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions.
Waiver and Severability of the disclaimer. The failure of WHD to exercise or enforce any right or provision of the disclaimer shall not constitute a waiver of such right or provision. If any provision of the disclaimer is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the disclaimer remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the disclaimer must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violations. Please report any violations of the disclaimer to support at womenhealthdirect.org.
