Accessing the Site
You acknowledge that the Materials on the Site are provided "as is" for general information only and without warranties of any kind. The Material on the Sites are not meant to be used for self-diagnosis or to replace the services of a medical professional. While the Foundation endeavors to keep the Materials on the Site current, healthcare information changes rapidly and thus, the Materials on the Site should not be relied upon to be fully comprehensive or error free. The Foundation does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on the Site or by the companies or organizations linked or referred to in the Site. The Site do not offer medical advice or recommendations to individuals or physicians and you should not rely on the information posted on the Site as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. The Foundation does not advocate that you attempt to treat yourself, your family or someone you know without proper medical supervision. The Foundation encourages you to seek the guidance of your healthcare provider if you feel that you, your family or someone that you know suffers from the conditions described on the Site.
The Foundation may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Site are not necessarily those of the Foundation or endorsed by the Foundation.
Copyright - Limited License
The Materials on this Site may be protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials at this Site may violate such laws.
The Foundation will permit you to view, download and print the Materials available on this Site, subject to the following terms and conditions:
- The Materials may be used solely for your own personal, informational, internal, non-commercial purposes and may not be copied, sold or distributed to others or otherwise used for any for-profit or commercial activities or purposes.
- The Materials must be printed in its entirety without modification, reformatting, adaptation, abridgement or alteration. Electronic copies are not permitted.
- The Materials may not be combined with other print or electronic materials.
- You may not remove any copyright or other proprietary notices contained in the Materials.
The Foundation reserves the right to revoke such permission at any time, and any such use shall be discontinued immediately upon your receipt of written notice from the Foundation. Any rights of use rights granted to you constitutes a license and not a sale or other transfer of title or ownership of the Materials (or any copies or excerpts of the Materials).
This limited permission, however, is expressly not applicable to the design and layout of this Site. The "look and feel" and other features of this Site are protected by trade dress, copyright and other laws and may not be copied or imitated in whole or in part without the express written consent of the Foundation or its suppliers.
Failure to abide by these limitations will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by the Foundation or its licensors.
Warranties and Disclaimers
THIS SITE AND ALL MATERIALS AND SERVICES FOUND ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FOUNDATION MAKES NO WARRANTY THAT: (1) THE SERVICES AND MATERIALS WILL MEET WITH YOUR REQUIREMENTS; (2) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS; (5) ANY ERRORS IN SOFTWARE OBTAINED FROM THIS SITE OR ANY LINK REFERRED TO OR APPENDED TO THIS SITE WILL BE CORRECTED; AND (6) THE INFORMATION AND MATERIALS ON THIS SITE ARE UP-TO- DATE.
IF, AND TO THE EXTENT THAT, SOME OTHER STATE'S OR JURISDICTION'S LAW WILL APPLY TO YOUR USE OF THIS WEBSITE, OTHER THAN THOSE EXISTING IN THE STATE OF TEXAS, AND THAT OTHER STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST SO THAT IN THAT EVENT, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND TO THE EXTENT PERMISSIBLE UNDER ANY SUCH LAWS, ANY IMPLIED WARRANTIES ARE LIMITED TO THE SHORTEST PERIOD OF TIME AVAILABLE UNDER SUCH OTHER STATE'S OR JURISDICTION'S LAWS. OTHERWISE, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT MAY EXIST UNDER TEXAS, OR UNDER ANY OTHER LAW, ARE LIMITED TO THIRTY (30) DAYS.
This Site may include technical or other mistakes, inaccuracies or typographical errors.
The Foundation may make changes to the Materials found on this Site at any time without notice. The Materials found on this Site may be out of date and the Foundation makes no commitment to update such materials or services. THE FOUNDATION ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND/OR SERVICES THAT ARE REFERENCED BY OR LINKED TO THIS SITE.
IN NO EVENT SHALL THE FOUNDATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DAMAGES OR PROFITS, WHETHER OR NOT THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU, AND ON OR UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED IN OR LINKED TO THIS SITE. SOME JURISDICTIONS MAY PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT THE LAWS OF STATES OR JURISDICTIONS OTHER THAN THE STATE OF TEXAS AND THE UNITED STATES OF AMERICA MAY APPLY TO YOU.
THE USE OF THE MATERIALS AND INFORMATION OR THE DOWNLOADING OR THE ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR FOR ANY LOSS OF DATA, THAT RESULTS FROM SUCH ACTIVITIES.
BY USING THIS SITE YOU AGREE TO RELEASE, INDEMNIFY AND HOLD THE FOUNDATION AND ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS AND EMPLOYEES HARMLESS AND FREE FROM ANY CLAIMS FOR LIABILITY OR DAMAGES OF WHATEVER KIND OR CHARACTER WHATSOEVER.
The Foundation may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of the Foundation and its mission. Such acknowledgement may be in the form of recognition on the Site by use of such persons or companies' own names or marks and/or links to such person or companies' own websites. However, the Foundation does not solicit or permit the purchase or use of advertisements or commercial endorsements on the Site by any person or company (including, without limitation, its sponsors and donors). If you choose to click on the links to any of our sponsors' websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors, you do so on your own initiative and you agree that the Foundation is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors in conjunction with the Site.
This Site may contain links to third-party websites that are not under the control of the Foundation. The Foundation makes no representation whatsoever about any other website to which you may have access through this Site. The Foundation has not reviewed and is not responsible for the content of any third party sites linked to or from the Site.
When you access any website from a link on the Site, you do so at your own risk and the Foundation is not responsible for the accuracy or the reliability of any information, data, opinions, advice, statements, materials or quality made on these websites or for the quality of any products or services available on such websites.
The Foundation provides these links merely as a convenience and courtesy to you and the inclusion of such links does not imply that the Foundation endorses or accepts any responsibility for the content or uses of such websites.
You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify the Foundation if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Site for which you have been granted permission to use by the Foundation.
In consideration of your use of the Site and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Tests and Private Forums
As part of your account, you may participate in certain tests, archives and other private forums. Your participation is voluntary; however by choosing to view a test or test results, to search archives or otherwise participate in any private forum, you acknowledge and agree that any test data, information or content provided by you must be treated as private or confidential. The Foundation reserves the right to remove without notice any posting for any reason.
Availability of Service
The Foundation reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that test data or archives will be available. You acknowledge that the Foundation reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Foundation shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
Acceptable Use Policy for Services & Site
You will not, and will not allow or authorize others to, use the Services or the Site to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Foundation's or its service providers' infrastructure; (v) involves knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involves the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involves the unauthorized entry to any machine accessible via the Services or interference with the Site or any servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Site (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Foundation's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site; (xi) collect or store personal data about other account users or attempt to gain access to other account users' accounts or otherwise mine information about other account users or the Site; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Site's servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from the Site; or (xiv) are contrary to the Foundation's public image, goodwill, reputation or mission or otherwise not in furtherance of its mission.
IMPROPER USE OF THE SITE WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Term & Termination
Deactivation of the Site
Governing Law and Jurisdiction
This Site (excluding linked sites) is hosted on servers located, and controlled by the Foundation from its offices, within the State of Texas, United States of America.
By accessing this Site, you and the Foundation agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws and principles thereof, and the applicable laws, regulations and treaties of the United States of America.
You and the Foundation also agree and hereby submit to the exclusive personal jurisdiction and venue of a State District Court of Dallas County, Texas, and the United States District Court for the Northern District of Texas with respect to such matters.
The Foundation makes no representation that it operates (or is legally permitted to operate) in all geographic areas. The Foundation makes no representation that the content of the Materials available on this Site are appropriate or available for use in other locations, and accessing the Site from territories where the content of the Materials is illegal or otherwise impermissible is prohibited. Those who choose to access this Site from other locations do so on their own initiative and peril and are responsible for compliance with local laws.
Adjudication of disputes; Forum; Waiver of Right to Jury Trial
The trademarks, service marks, slogans, logos, designs and other source identifiers (collectively, "Marks") displayed on this Site are the property of the Foundation or other third parties. You are not permitted to use the Marks without the prior written consent of the Foundation or such third party that may own the Marks.
Responsibility for Treatment Decisions
THIS SITE IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY BY VISITORS TO THE FOUNDATION. THE FOUNDATION DOES NOT LICENSE OR CERTIFY MEDICAL DOCTORS. LICENSING AND CERTIFICATION OF MEDICAL DOCTORS IS DONE BY THE RESPECTIVE JURISDICTIONS IN WHICH SUCH DOCTORS PRACTICE.
THE FOUNDATION IS NOT RESPONSIBLE FOR ANY MEDICAL DECISIONS MADE OR TAKEN BY ANY PATIENT OR MEDICAL PRACTITIONER WHO MAY VISIT THIS SITE. THOSE DECISIONS ARE THE RESPONSIBILITY OF THE TREATING PHYSICIAN AND HIS OR HER PATIENT.
The Foundation for Exxcellence in Women's Health
Attention: Executive Director
2915 Vine Street
Dallas, Texas USA 75204