Terms of Use

Terms of Use

Welcome to the Honest OBGYN community (website: honestobgyn.com) (“Website”). For the purpose of our Terms of Use we will refer to Honest OBGYN as “us”, “we” or “our” and user as “you” or “user.” The following guidelines, along with our Privacy Policy, govern the use of the Website, content and services.

Please review these terms carefully before you decide to use our Website, as they will affect your rights and use of our Website. By accessing our Website and content, you are accepting these Terms of Use and consent and agree to be legally bound by all of the terms, conditions, and notices contained in these Terms of Use without modification. These Terms of Use apply to whatever platform you use to access the Website (example: digital or mobile). If the following terms are not acceptable to you, then you should leave our honestobgyn.com and stop using our website.

  1. Prohibited Use

As a condition of your use of the Website, you warrant that you:

1.1. are at least thirteen (13) years of age or older;

1.2. you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use;

1.3. you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or any other party’s use of the Website;

1.4. you will not obtain or attempt to obtain materials or information through any means not intentionally made available or provided through us for the Website;

1.5. you will not use our Website to send/distribute spam emails to other users or contributors, engage in screen scraping/database scraping, attempt to access forbidden/private areas of the website, distribute software viruses that may disrupt functionality, interfere with or disrupt our services or servers, or collect data from other users; and

1.6. you will refrain from posting materials or commentaries that:

1.6.1 are obscene, insulting, discriminatory, abusive, defamatory, scandalous, inflammatory, racist or which represent a breach of privacy. We reserve the right to determine what materials may violate this Section 1.6.1 and, in our sole discretion, remove any postings, links or other materials of any kind that we determine violate this standard.

1.6.2. that are made in violation of a requirement that such person have approval or license in order to post the content or commentary; and

1.6.3. may be considered harmful for the website (example: suspicious website links, malicious software, worms, corrupted data, viruses etc.)

We reserve the right to immediately terminate your account or subscription at any point and without notice if we believe that security has been breached or that you failed to meet requirements specified in our Terms of Use.

  1. Intellectual Property, License

2.1  You understand that materials available on the Website (“Content”) may be under the protection of Intellectual Property and other laws. You agree to comply with these laws and share the applicable copyright, reference, trademark or any type of legal notices marked on the Content as applicable. “Material” includes but is not limited to content, images, videos, documentation, software, resources, advertising material etc. Our materials are protected by copyright laws.

2.2. We grant you a limited, non-exclusive, non-transferable license, to access and view any Content solely for your personal and non-commercial purposes, which license is subject to these Terms of Use.  We reserve the right to revoke this license at any time, in our discretion, for any reason, including your failure to comply with these Terms of Use.

2.3  You are forbidden to utilize any of the Content on the Website for profit or commercial purposes. Except for situations in which we give our prior written consent, you are forbidden to modify, re-create or distribute our content or otherwise derivate works from our original materials. You may request our consent by contacting us at the address [and phone number] set out in Section 10.5 of these Terms of Use.  We may give or withhold our consent in our discretion.

2.4. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

  1. Registration

This Section 3 applies if you register an account or subscribe to newsletters for additional content. If you decide to register for any of our additional services you agree:

3.1. that you will not share your password or details with third parties that wish to gain entry to services or materials on our Website;

3.2. that your username and password are personal and you will not disclose your details to third parties; and

3.3. that you will not submit false information or attempt to impersonate another person while registering.

  1. Website Access & Use

4.1. You agree that you will, at all times, comply with our Acceptable Use Policy.

4.2.  Access to our Website is permitted on a temporary basis. We reserve the right to disrupt the Website’s services at any moment, without notice. If the Website becomes unavailable, we will not be held liable. We also reserve the right to restrict access to certain parts of our Website at our discretion.

4.3.  You are responsible for the people that access this Website through your internet connection. In order to ensure the optimal use of the Content and Website experience, you should ensure that your computer or technology platform is equipped with the most updated anti-virus software. We are not responsible for any computer viruses you may experience as a result of viewing our Website or for any failure of your anti-virus software.

4.4. You are allowed to access and print materials from the Website solely for personal or non-commercial uses provided that you do not print content on a systematic manner (so as to create a database), that you do not remove any notices of ownership, and do not attempt to translate, decompile, reproduce or alter content or sell/loan rights in the material.

  1. Website Links

5.1.  You may link to our home-page as long as you do so in a manner that is consistent with these Terms of Use and does not violate any State or Federal law or regulation. We will not accept any form of association if we consider that it may damage our reputation, or that you are trying to take advantage of our image. You are prohibited from framing our site on any other site. We reserve the right to terminate any link with you at any time, in our discretion, for any reason.

5.2. We may provide links to websites on our Website for your convenience (“Link”) and including such Links on our Website does not imply our endorsement of their content or any association with their operators. We are not responsible for the contents of any Link or changes to such Link. These linked sites are not under our control, and we are not responsible for their content. By clicking on any such Link, you agree that you are fully responsible for what you may find there. We do not review all the websites linked to us and we do not endorse other websites. They are not subjected to our Terms of Use and Privacy Policy and if you choose to visit them, you will do so at your own risk.

  1. Disclaimer & Limitation of Liability

6.1  WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE PRODUCTS, SERVICES RELATED TO THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HONESTOBGYN DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

6.2.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HONESTOBGYN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HONESTOBGYN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

6.3.  Our Website contains content that includes information of a medical nature.  All of our content is intended only to serve as an educational medical resource for interested persons. We do not provide medical advice for any particular medical condition, and we do not diagnose any medical condition you may have. You agree and understand that visiting our Website does not create a doctor/patient relationship. We urge you to contact an appropriate medical professional for specific medical advice or treatment tailored to your situation. You assume full risk and responsibility for the use of information you obtain from or through our Site, and you agree that we are not responsible or liable for any claim, loss, or liability arising from the use of the information.

6.4. The appearance of any provider of health care or health-related products, items or services on this Site is not an endorsement or recommendation of them by us. We will not be held responsible for the content posted by users on our websites. Commentaries and any materials shared by our visitors should not be considered reliable, and we, therefore, disclaim all liability arising from such commentaries and materials.

  1. Privacy and Confidentiality

We will maintain and protect your personal information in accordance with our Privacy Policy and industry standards. Our current Privacy Policy can be found https://honestobgyn.com/privacy-policy/.  However, you agree and understand that we may disclose your personal information to government officials or officers if required to do so by laws, regulations or other lawful process.

  1. Revisions & Changes

We reserve the right to change the terms, conditions, and notices on the Website at any given time or amend this Terms of Use at any time, without prior notice. We may do this by modifying the Website or the Terms of Use as posted on the Website.  It is your responsibility to check this page, along with the Privacy Policy, periodically. If important changes occur we will notify you through email.

If we make a change which we consider to be material, we will send an email notice to you at the most recent email address we have for you.  However, we have no liability for any failure for that notice to be received by you due to a stale or wrong email address, the absence of any email address or any failure for our notice to be delivered to you or to be accessed by you, or any other reason.

  1. Termination

We reserve the right in our sole discretion to terminate your access to the Website and related services at any time and without notice.

  1. Miscellaneous

10.1.  This Terms of Use is governed by the laws of the State of Indiana, without regard to any conflict of laws principles, and you hereby consent to the exclusive jurisdiction and venue of Allen County, Indiana in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

10.2.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and HONESTOBGYN as a result of this Terms of Use or the Website.

10.3.  If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law (including, but not limited to, the warranty disclaimers and liability limitations set forth above), then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Terms of Use shall continue in effect.

10.4.  Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between the you and HONESTOBGYN with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and HONESTOBGYN with respect to the Website.

10.5. All requests or notices required under this Agreement shall be submitted to Megan Uphoff at muphoff@honestobgyn.com

 

 

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