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ASRM Web Site Terms & Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE ASRM WEBSITE.
1.0 RESTRICTIONS ON USE OF THE WEBSITE
The ASRM is committed to providing information on a wide range of topics for the use of patients and health care professionals. The information available on the website is for informational purposes only, and is not to be used for commercial purposes. Visitors may not use the information gathered from this site to compile a mailing list or telephone call list for the purposes of surveys, dissemination of product information, commercial concerns, or any other reason. All ASRM materials are developed by ASRM committees, leadership and staff. No portion herein may be reproduced in any form without written permission from the American Society for Reproductive Medicine.
Although medical and health information is published on the ASRM Website, this is no substitute for proper medical advice, diagnosis, treatment or care. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. We encourage you to review all information on the Website and to consult your physician if you still have questions. In no event shall the ASRM be liable to Visitors or anyone else for any decision or action taken by you in reliance on information available on the ASRM Website.
There are portions of the ASRM Website that allow you to search for physicians or clinics with particular specialties (the “Directories”). Inclusion of a physician or clinic in a Directory does not constitute a recommendation of any specific physician or clinic. The Directories list physicians and clinics in specific locations and with a self-designated practice descriptors. Some physicians listing their practice description as Reproductive Endocrinology and Infertility have not completed certification with the American Board of Obstetrics and Gynecology in the Sub-Specialty of Reproductive Endocrinology and Infertility. The responsibility for selecting a physician and/or a clinic is and must remain that of the patient. We suggest that Visitors make their selection after conducting their own investigation and discussing their selection with a physician of their choice.
This Website contains material which is protected by copyright and trademark laws. Visitors may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any information, content or material from this Website. Visitors may download material from this Website only for their personal, non-commercial use, provided all copyright and other proprietary notices remain intact on all downloaded materials. You may not sell any of the information, content or materials from this Website for any reason.
Visitors agree to use the Website for lawful purposes only and further agree not to transmit through the Website any material which violates or infringes in any way upon the rights of others; which is obscene, threatening, abusive, defamatory, vulgar, pornographic, profane, indecent, invasive of privacy or publicity rights, or which is otherwise objectionable; or which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law. The ASRM may prohibit or enjoin any conduct or use of the Website by Visitors that restricts or prevents any other visitor from using or enjoying the ASRM Website, and the ASRM shall have the right to deny access to any Visitor that the ASRM deems unfit to use its Website for any reason. Notwithstanding the above, the ASRM has no obligation to monitor the use of the Website; however, it reserves the right to do so.
The ASRM reserves the right to monitor usage of the ASRM Website through Visitor Statistics. Visitor Statistics will be used to track ASRM online publications as well as visitor interests, which may be used to enhance and improve the ASRM Website in the future. Visitor Statistics do not include personally identifiable information. This Website does not track or gather information on a Visitor’s interests regarding particular medical condition(s). Cookie files placed on a Visitor’s machine are only for the purpose of enhancing navigation on the ASRM Website.
No personally identifiable information is tracked or collected for non-ASRM Members unless such Visitor voluntarily provides personally identifiable information to the ASRM via web forms or surveys on the ASRM Website or for purposes of receiving the ASRM’s online publications. ASRM Members are required to submit certain personally identifiable information as part of the membership application or membership renewal processes, and may voluntarily provide other personally identifiable information to the ASRM via web forms or surveys on the ASRM Website.
The ASRM maintains an online directory listing of all members and their contact information (the “Online Member Directory”). The Online Member Directory is available only to other members who have logged in to the “Members Only” portion of the website using their user ids and passwords. Use of the Online Member Directory is subject to certain restrictions that are posted with the Online Member Directory. If you are a member and prefer for your information not to be listed in the Online Member Directory, please notify the ASRM by email and we will remove your contact information from the Online Member Directory so that only your name is listed.
The ASRM may, on occasion, choose to share your personally identifiable contact information (such as your mailing address or your email address) with select third parties whose products or services the ASRM feels are consistent with the ASRM’s policies and practice standards and may be of interest to you. While many of the ASRM’s members and users of the Website find these mail or email promotions valuable, if you prefer not to have your personally identifiable contact information shared with third parties that the ASRM approves, please email ASRM and request that your name be deleted from such lists.
Discussion Lists / Message Boards
One of the features of the ASRM Website is a public discussion forum provided through discussion lists, bulletin boards or chat rooms (referred to herein as “Discussion Forums”) to allow Visitors with similar interests or medical conditions to share information and/or post questions. Any information that Visitors disclose in the Discussion Forums is by design shared with the public and is not confidentially maintained. Visitors should think carefully before disclosing any information, and particularly any personally identifiable information, personal health information, or patient identifiable information, in the Discussion Forums. Because of the nature of the Discussion Forums any information Visitors disclose may be accessed, disclosed or collected by third parties and as a result may be used by such third parties in ways that ASRM is unable to control or predict.
Physicians or health care professionals, whether or not they are ASRM Members, accessing or using the ASRM Website and particularly the Discussion Forums should not disclose any patient identifiable information that would allow other visitors (ASRM Members and/or non-Members) to determine the identity of a particular client/patient. When discussing a patient’s particular condition, Visitors should not reveal a patient’s name, address or any other information that would directly or indirectly identify a particular patient.
Credit card information gathered through the ASRM Website for the purpose of purchasing products or membership is transmitted over a secure socket layer connection. Credit Card information is not stored or reused by ASRM after the requested purchase is complete. Only authorized ASRM personnel can access credit card information provided by the Visitor, and such access is made only at the Visitor’s request.
The ASRM Website is not designed or intended to attract children under the age of 13. The ASRM does not collect any personally identifiable information, whether or not such information is voluntarily provided, from any person it actually knows is under the age of 13. If a parent or guardian accesses the ASRM Website on behalf of a person under the age of 13, that parent or guardian is responsible for protecting that child’s personally identifiable information.
Although the ASRM makes every attempt to keep the information on the ASRM Website accurate and up-to-date, the ASRM cannot attest at all times to the accuracy and completeness of the information contained on this Website. ALL INFORMATION ON THE ASRM Website IS PROVIDED “AS IS” AND THE ASRM MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECTNESS OF THE INFORMATION AND MATERIAL CONTAINED ON THIS WEBSITE. THE ASRM EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE Website, THE MATERIAL AND INFORMATION ON THE WEBSITE OR VISITORS’ ABILITY TO ACCESS AND USE THE WEBSITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Nothing on this Website shall be deemed to create any contract between the ASRM and a Visitor or to give a Visitor any rights against the ASRM for damages of any kind, whether direct, indirect, or consequential.
All Website information is subject to change without prior notice. The ASRM makes no warranties or representations concerning the availability or functionality of information contained on its Website or that the Website will be accessible on an uninterrupted or error-free basis or that this Website, including the discussion lists, bulletin boards, chat rooms or the server will be free of viruses or other harmful components or programs.
This Website may contain health or medical related materials which Visitors may find sexually explicit. Opinions expressed in Discussion Forums or in other Visitor submissions to the Website are those of the Visitor posting such opinion and do not necessarily reflect the opinions or policies of the ASRM.
4.0 LIMITATION OF LIABILITY OF ASRM
The use of the ASRM Website and information contained on the Website is at Visitor’s own risk.
Under no circumstances shall the ASRM, its subsidiaries, affiliates, officers, directors, employees, agents or representatives be liable for direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the ASRM Website, even if the ASRM has been advised of such a possibility. If you are dissatisfied with any materials or information provided on the ASRM Website, your sole and exclusive remedy is to discontinue using the ASRM Website.
When you are using the Website, information that you submit will be transmitted via the internet and such transmission is beyond the control of the ASRM. ASRM assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Website.
5.0 VISITOR SUBMISSIONS TO THE WEBSITE
Confidential information of any type, including without limitation, personally identifiable information and/or patient identifiable information, should never be disclosed on the ASRM Website, including without limitation the Discussion Forums, because the Website is a public forum. Neither ASRM Members nor non-Member physicians or health care providers who are visiting the ASRM Website should, under any circumstances, disclose any information that could directly or indirectly lead to the identification of a client/patient and such physician or health care provider Visitors should only disclose the information necessary to receive helpful consultation from other health professionals.
In addition to the restrictions set forth above in the section entitled Restrictions on Use of the Website, Visitors agree not to upload or transmit any information of any type that infringes or violates any rights of a third party. By posting messages, uploading files, inputting data, or engaging in any other forms of communication through this Website, you are granting the ASRM a royalty-free, perpetual, non-exclusive, unrestricted worldwide license to use, copy, publish, sublicense, adapt, transmit and display any such communication or to sublicense third parties to exercise any of the foregoing rights.
Visitors agree not to upload to or transmit via the ASRM Website any material for a commercial or business purpose. Visitor specifically acknowledges and agrees that the ASRM is not liable for postings by any Visitors that are in violation of these Terms and Conditions of Use.
Visitors acknowledge and agree that the ASRM has no obligation to monitor Visitor submissions to the Website; however, the ASRM reserves the right to monitor such submissions to record any such submissions, to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any submitted information or materials, in whole or in part, that, in the ASRM’s sole discretion, are objectionable, in violation of the law, or in violation of these Terms and Conditions of Use.
The ASRM has not reviewed the contents of external Websites listed on the ASRM Website, nor can the ASRM endorse such Websites or the views expressed within. The ASRM is not responsible for the contents, truthfulness or propriety of any links to or from the ASRM Website. Visitors acknowledge and agree that the ASRM is not 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 information, content, goods, or services available on or through any such linked site.
Visitors agree to defend, indemnify, and hold the ASRM, its officers, directors, employees, agents, and representatives harmless from and against any claims, actions, causes of action, demands, liabilities or settlements, including without limitation attorneys’ fees (collectively the “Claims”), resulting from, or alleged to result from, Visitor’s violation of these Terms and Conditions of Use, including without limitation, Claims arising out of or resulting from Visitor’s submission of personally identifiable information or personal health information of the Visitor or any third party.
8.0 GENERAL INFORMATION
This Terms and Conditions of Use and Visitor’s use of the ASRM Website shall be governed by and construed in accordance with the laws of the State of Alabama without regard to its conflict of law provisions.
By using this Website, Visitor agrees that any dispute arising out of or in conjunction with the ASRM Website shall be subject to the exclusive jurisdiction of and venue in the state or federal courts sitting in Jefferson County, Alabama.
The failure of the ASRM at any time to enforce any provision of these Terms and Conditions of Use shall not constitute a waiver of such provision or of any other provision hereof or of the ASRM’s right to thereafter enforce any provision hereof.
If any provision of these Terms and Conditions of Use is determined by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be deemed severed from these Terms and Conditions of Use and the remainder of the provisions shall remain in full force and effect.
These Terms and Conditions of Use represent the entire agreement between you, the Visitor, and the ASRM with regard to use of this Website. These Terms and Conditions of Use can be altered or amended at any time, without notice, by the ASRM by posting such changes to this Website.
If you have any questions regarding the Website, the ASRM or the ASRM policies, please contact the ASRM.