1. Medical Disclaimer – ACOG is Not a Health Care Provider:
Medical Emergencies: Call 911 if you think you may have a medical emergency. DO NOT USE THIS WEB SITE FOR MEDICAL EMERGENCIES.
All content on this Web site is provided for general informational purposes only and is not intended as a substitute for individualized professional medical advice, diagnosis, or treatment. Never rely on information on this Web site in place of seeking professional medical advice.
Violations of system or network security may result in civil or criminal liability.
You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, bots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation.
7. Personal Login Information. Certain features and areas of the ACOG Web sites are available only with registration or login. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. ACOG is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact ACOG immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
9. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the ACOG Web sites and not interfere with the use and enjoyment of the ACOG Web sites by other users or with ACOG’s operation and management of the ACOG Web sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the ACOG Web sites, including, without limitation, information required to be provided through an ACOG Web site registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, ACOG reserves the right to terminate your access and use of the ACOG Web sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the ACOG Web sites, or defame or otherwise harm any party, including ACOG, through your use of the ACOG Web sites. You will not transmit spam, bulk or unsolicited communications; forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Web sites; or misrepresent your affiliation with a person or entity.
10. Proprietary Rights. The content of the ACOG Web sites includes, without limitation, (i) ACOG’s and the American College of Obstetricians and Gynecologists’ trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “ACOG Marks”); and (ii) documents, text, information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the ACOG Web sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “ACOG Content”). ACOG Content is the property of ACOG, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any ACOG Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from ACOG or the owner of such content if ACOG is not the owner. Any use of the ACOG Marks without ACOG’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the ACOG Content, including any such notices appearing on any ACOG Content you are permitted to download, transmit, display, print, or reproduce from the ACOG Web sites.
11. Responsibility for Use of the Internet and ACOG Web sites. Use of the Internet and the ACOG Web sites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. ACOG does not guarantee the confidentiality or security of any communication or other material transmitted to or from the ACOG Web sites over the Internet or other communication network. ACOG shall not be obligated to correct or update the ACOG Web sites or ACOG Content and ACOG shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the ACOG Web sites.
12. Patient Information. State and federal laws, as well as ethical and licensure requirements, impose obligations with respect to patient information and patient confidentiality that limit your ability to receive, disclose, or make use of patient information, including transmitting patient information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of patient information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of patient information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.
13. Third Party Information. The ACOG Web sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the ACOG Web sites are those of the respective third party and not of ACOG or its affiliates. ACOG makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
14. Advertisers. The ACOG Web sites may contain advertisements of third parties. The inclusion of advertisements on the ACOG Web sites does not imply endorsement of the advertised products or services by ACOG. ACOG shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the ACOG Web sites. Further, ACOG shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the ACOG Web sites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
15. Links to Third Party Web sites. The ACOG Web sites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which ACOG exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to from the ACOG Web sites, you do so entirely at your own risk.
16. Links to ACOG Web sites and ACOG Content. Third parties who post links to the ACOG Web sites and/or ACOG Content may not use the ACOG trademark or logo and shall not suggest that ACOG promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Web sites, content, or information. Any links to any portion of the ACOG Web sites shall be the responsibility of the linking party. ACOG reserves the right to require any linking party to disable or remove any link that violates ACOG’s rights or causes interruption or deterioration of ACOG Content.
17. WARRANTIES DISCLAIMED. THE ACOG WEB SITES AND ACOG CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER ACOG, THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AFFILIATES, EMPLOYEES, OFFICERS, OR DIRECTORS NOR ANY OF THEIR AGENTS, THEIR REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “ACOG PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (I) THE ACOG WEB SITES OR ACOG CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (II) ACCESS TO THE ACOG WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ACOG WEB SITES WILL MEET YOUR EXPECTATIONS; OR (IV) ACOG CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE ACOG WEB SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
18. LIMITATION OF LIABILITY. THE ACOG PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (I) OUT OF THE USE OF OR INABILITY TO USE THE ACOG WEB SITES AND/OR ANY ACOG CONTENT; (II) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE ACOG WEB SITES AND/OR ACOG CONTENT; (III) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (IV) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE ACOG WEB SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ACOG WEB SITES; (V) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (VI) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ACOG WEB SITES; (VII) FROM ANY DELAY OR FAILURE OF THE ACOG WEB SITES; (VIII) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE ACOG CONTENT; (IX) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE ACOG WEB SITES; (X) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEB SITES; OR (XI) OUT OF ANY OTHER MATTER RELATING TO THE ACOG WEB SITES OR ACOG CONTENT.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the courts located in the District of Columbia.
26. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the ACOG Web sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.