Terms of Use
This is an Agreement between you and National Vulvodynia Association (“NVA”). This Agreement applies to the www.nva.org website and any other websites owned or operated by NVA (collectively, the “NVA Website”). The National Vulvodynia Association is a nonprofit organization that strives to improve women’s lives through education, support, advocacy and research funding. The NVA is not a medical authority and strongly recommends that you consult your own health care provider regarding any course of treatment or medication. The NVA Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the NVA Website constitutes your agreement to all such terms, conditions, and notices.
The NVA Website is not intended for use by children under 13.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the NVA Website, you warrant to NVA that you will not use the NVA Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NVA Website in any manner which could damage, disable, overburden, or impair the NVA Website or interfere with any other party’s use and enjoyment of the NVA Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NVA Website.
You agree that when using the NVA Website, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any material that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the NVA Website.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
NVA has no obligation to monitor any user supplied comments or content. NVA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NVA’s sole discretion.
REPRESENTATIONS AND WARRANTIES
You hereby represent, warrant, and covenant for the benefit of NVA and Affiliates that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; and (2) all information you provide to NVA in connection with this Agreement and your access to the NVA Website and use of the NVA Website or content is correct and current.
PRIVACY POLICY
Use of the NVA Website is also governed by the Privacy Statement at 1/9/2013 which is incorporated into these Terms of Use by this reference.
LIABILITY DISCLAIMER
NVA has taken reasonable efforts to ensure that the information contained on the NVA Website is accurate. However, all information is provided “AS IS” and is used at your own risk.
THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NVA WEBSITE MAY INCLUDE INACCURACIES AND ERRORS. NVA AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NVA WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE NVA WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
NVA AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES CONTAINED ON THE NVA WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NVA AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, MATERIALS, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVA AND/OR ITS AFFILIATES 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 NVA WEBSITE, WITH THE DELAY OR INABILITY TO USE THE NVA WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES OBTAINED THROUGH THE NVA WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NVA WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NVA OR ANY OF ITS AFFILIATES HAVE 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 NVA WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NVA WEBSITE.
MODIFICATION OF THESE TERMS OF USE
NVA reserves the right to change the terms, conditions, and notices under which the NVA Website is offered, including but not limited to the charges associated with the use of the NVA Website.
LINKS TO THIRD PARTY SITES
The NVA Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of NVA and NVA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NVA is not responsible for webcasting or any other form of transmission received from any Linked Site. NVA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NVA of the site or any association with its operators.
TERMINATION/ACCESS RESTRICTION
NVA reserves the right, in its sole discretion, to terminate your access to the NVA Website and the related services or any portion thereof at any time, without notice.
GENERAL
This Agreement is governed by the laws of the State of Maryland, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the Montgomery County, Maryland, U.S.A. in all disputes arising out of or relating to the use of the NVA Website. Use of the NVA Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NVA as a result of this Agreement or use of the NVA Website.
NVA’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of NVA’s right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the NVA Website or information provided to or gathered by NVA with respect to such use. If any part of this Agreement 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 the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement, together with the Privacy Statement, constitutes the entire agreement between you and NVA with respect to the NVA Website and it supersedes all prior or contemporaneous agreements, communications and proposals, whether electronic, oral or written, between the User and NVA with respect to the NVA Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CONTENT
The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content available on or offered through the NVA Website (such Content, collectively, “Site Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights Unless otherwise noted on the NVA Website, all Site Content is owned by NVA and Affiliates or their suppliers or licensors.
Any rights not expressly granted herein are reserved.