
ASRM Web Site
Terms and Conditions of Use
PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE ASRM WEB
SITE.
By using the ASRM Web
Site
(sometimes referred to as the Web Site), you agree to be bound by these
Terms and Conditions of Use. If you do not agree to these terms of use, please do not use the Web Site. Whether or not you
are an ASRM Member, each time you access this Web Site you are a Visitor.
In these Terms and Conditions of Use you will be referred to as
"you" or as a "Visitor."
1.0
RESTRICTIONS ON USE OF THE WEB SITE
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 web site 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 Web Site, 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 Web Site 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 Web Site.
There
are portions of the ASRM Web Site 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
Web Site 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 Web Site.
Visitors may download material from this Web Site 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 Web Site for any reason.
Visitors
agree to use the Web Site for lawful purposes only and further agree not
to transmit through the Web Site 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 Web Site
by Visitors that restricts or prevents any other visitor from using or
enjoying the ASRM Web Site, and the ASRM shall have the right to deny
access to any Visitor that the ASRM deems unfit to use its Web Site for
any reason. Notwithstanding the above, the ASRM has no obligation to monitor the use
of the Web Site; however, it reserves the right to do so.
2.0
PRIVACY POLICY
ASRM
is dedicated to protecting the privacy of Visitors to the ASRM Web Site
and the particular medical interests of Visitors.
This privacy policy applies to the ASRM Web Site.
Once you enter another Web Site, via a link provided on the ASRM Web Site
or by other methods, the ASRM is no longer responsible for the privacy
practices of the linked site. You
should review the privacy statements of those Web Sites as posted on the
individual sites.
Information
Collected
The
ASRM reserves the right to monitor usage of the ASRM Web Site 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 Web Site in the future.
Visitor Statistics do not include personally identifiable
information. This Web Site
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 stored with the Visitor's
consent and express permission and only for the purpose of enhancing
navigation on the ASRM Web Site.
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 Web Site or
for purposes of receiving the ASRM's online publications.
ASRM Members are required to submit certain personally identifiable
information as part of the application process, and may voluntarily
provide other personally identifiable information to the ASRM via web
forms or surveys on the ASRM Web Site.
Any personally identifiable information received by the ASRM is
used solely for internal ASRM purposes and is not shared with any
nonaffiliated organizations. The
ASRM does not sell or otherwise distribute names or other personally
identifiable information to third parties for direct marketing, sales or
any other purposes.
Discussion
Lists / Message Boards
One
of the features of the ASRM Web Site 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 Web Site 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 Cards
Credit
card information gathered through the ASRM Web Site 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.
Children's
Privacy
The
ASRM Web Site 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 Web Site on behalf of a person under
the age of 13, that parent or guardian is responsible for protecting that
child's personally identifiable information.
3.0
DISCLAIMER
Although
the ASRM makes every attempt to keep the information on the ASRM Web Site
accurate and up-to-date, the ASRM cannot attest at all times to the
accuracy and completeness of the information contained on this Web Site.
ALL INFORMATION ON THE ASRM WEB
SITE 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 Web Site. THE ASRM EXPRESSLY
DISCLAIMS ALL WARRANTIES REGARDING THE Web Site, THE MATERIAL AND INFORMATION ON THE Web Site OR VISITORS' ABILITY TO ACCESS AND USE THE WEB
SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Nothing
on this Web Site 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
Web Site 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 Web Site or
that the Web Site will be accessible on an uninterrupted or error-free
basis or that this Web Site, including the discussion lists, bulletin
boards, chat rooms or the server will be free of viruses or other harmful
components or programs.
This
Web Site 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 Web Site
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 Web Site and information contained on the Web Site 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 Web Site, even if the ASRM has
been advised of such a possibility. If
you are dissatisfied with any materials or information provided on the
ASRM Web Site, your sole and exclusive remedy is to discontinue using the
ASRM Web Site.
When
you are using the Web Site, 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 Web Site.
5.0
VISITOR SUBMISSIONS TO THE WEB SITE
Confidential
information of any type, including without limitation, personally
identifiable information and/or patient identifiable information, should
never be disclosed on the ASRM Web Site, including without limitation the
Discussion Forums, because the Web Site is a public forum. Neither
ASRM Members nor non-Member physicians or health care providers who are
visiting the ASRM Web Site 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 Web Site, 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 Web Site, 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 Web Site 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 Web Site; 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.
6.0
LINKS
The
ASRM has not reviewed the contents of external Web Sites listed on the
ASRM Web Site, nor can the ASRM endorse such Web Sites or the views
expressed within. The ASRM is
not responsible for the contents, truthfulness or propriety of any links
to or from the ASRM Web Site. 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.
7.0
INDEMNITY
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 Web Site 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 Web Site, Visitor agrees that any dispute arising out
of or in conjunction with the ASRM Web Site 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 Web Site.
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 Web Site.
If
you have any questions regarding the Web Site, the ASRM or the ASRM
policies, please contact the
ASRM.
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