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GLMA Website Terms of Service

 

Each time you use or cause access to the Gay and Lesbian Medical Association’s (“GLMA”, also referred to as “we” or “us”) website, http://www.glma.org, and services provided to you on or through the GLMA website (collectively, the “GLMA Website”), you agree to be bound by these Terms of Service in the version they exist at the time you use or access the GLMA Website.  Personally identifiable information that we may collect is subject to the terms of our Privacy Policy which is incorporated by reference into these Terms of Service.  We may amend these Terms of Service or the Privacy Policy at any time by posting a new version on the GLMA Website, pursuant to Section Q below.

 

These Terms of Service are divided into four parts.  Part One applies to all users of the GLMA Website.  Part Two sets forth additional provisions applicable to users of the Provider Directory.  Part Three sets forth additional provisions applicable to healthcare providers who are listed in the Provider Directory.  Part Four sets forth additional provisions applicable to community partners.

 

The GLMA Website is governed by these Terms of Service, applicable United States laws and governmental regulations and is intended for use and access by GLMA members and healthcare providers within the United States and those traveling or living abroad who wish to use and access the GLMA Website just as they would within the United States.


Part One: Terms of Service for All Users.

A.                  Health Information.

You expressly acknowledge and agree that the GLMA Website does not provide medical advice.  The contents of the GLMA Website, which may take the form of text, software, code, music or other sounds, photographs, graphics, video, opinions, recommendations, advice, statements, services, offers, or any other communications, information, material, data or content (collectively, “Content”) are for informational purposes only.  The Content is not a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before undertaking any course of action as a result of any Content.  Never disregard professional medical advice or delay in seeking it because of something you have read on the GLMA Website.

 

If you think you may have a medical emergency, call your doctor or 911 immediately.  GLMA does not make any recommendation or endorsement of anything mentioned, referenced or linked to on the GLMA Website, including any particular tests, physicians, products, procedures, treatments, remedies, opinions, or other Content.  Reliance on any Content on the GLMA Website is solely at your own risk regardless of who the source of the Content may be, including whether provided by GLMA, GLMA employees, others appearing on or contributing to the GLMA Website (whether at the invitation of GLMA or not), or any other visitors to the GLMA Website.

The GLMA Website may contain health or medical-related Content that is sexually explicit or suggestive.  If you find any of these materials offensive, you may not want to use or access the GLMA Website.

Any information or statements regarding dietary supplements, herbal remedies and the like have not been evaluated by the Food and Drug Administration or GLMA and are not intended to diagnose, treat, cure, or prevent any disease.  You should carefully read all product packaging prior to use and consult with your physician before undertaking any course of action.

B.                  Your Conduct.

You agree that all Content, publicly or privately provided, will be the sole responsibility of the person whose user account is used.  You agree that the GLMA Website may expose you to Content that may be objectionable or offensive.  We will not be responsible to you or anyone else in any way for the Content that appears on the GLMA Website nor for any error or omission.

           

By using or accessing the GLMA Website or any service provided on or through the GLMA Website, you expressly agree that you will not:

(a)        provide any Content or perform any conduct related to the GLMA Website that: 

(i)         may be unlawful, untrue, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, hateful, racially or ethnically offensive, objectionable, or pornographic, or that infringes or violates any rights of any party;

(ii)        is designed to or does interfere or interrupt the GLMA Website or computers linked to the GLMA Website or is infected with a virus or other destructive or deleterious programming routine;

(iii)       may give rise to civil or criminal liability; or

(iv)       may violate any applicable local, national or international law, including but not limited to laws relating to copyright, trademark, patent, moral rights, industrial rights, trade secrets or similar rights of third parties.

(b)        impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;

(c)        collect or harvest any data about other users; or

(d)        provide, use, or cause access to the GLMA Website, any Content, or service provided on or through the GLMA Website for any purpose other than your own personal use, including any commercial purpose or for the benefit of anyone other than you; or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent.

C.                  Submission of Information or Content to the GLMA Website.

You agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us.  You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness.  You may not use a false e-mail address, use any alias, impersonate any other person or entity, or otherwise conceal or mislead as to your identity expect when the GLMA Website permits the submission of anonymous information or where otherwise specifically authorized.

 

Other than personally identifiable information of yours (which is addressed under our Privacy Policy), you agree that any comments, suggestions, ideas, corrections, improvements or other information (collectively, “Improvements”) and any Content that you provide to GLMA or post to the GLMA Website may be used by GLMA anywhere, anytime and for any reason whatsoever without any compensation or right of accounting owed to you.  You agree to take any steps we reasonably request in order to perfect our ownership of any such Content or Improvements at our expense.  Any such Content or Improvements you provide to the GLMA Website will be treated as non-proprietary and non-confidential for all purposes and we will owe you no obligations of confidentiality with respect to such items.  We will not have any obligation to use or evaluate any particular Content or Improvement you provide us.  Our receipt or use of your Content or Improvements will in no way impair our right to contest the validity of any patent, trademark, copyright or trade secret you may assert.  Even if we do not commercialize or otherwise use an Improvement you provide us you will not retain any right to commercialize it or use it yourself or seek others to do so.

 

By providing any Content or Improvement to us or to the GLMA Website:

(a)        you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section.

(b)        you acknowledge and agree that we will have the right (but not the obligation), in our sole discretion, to refuse to publish, remove or block access to any Content you provide at any time and for any reason, with or without notice.

D.                 Monitoring of Site Content.

YOU ACKNOWLEDGE AND AGREE THAT GLMA DOES NOT, AS A PRACTICE, MONITOR THE ACCURACY OR RELIABILITY OF CONTENT ON THE GLMA WEBSITE, NOR WILL WE HAVE ANY OBLIGATION OR LIABILITY TO DO SO.  We nonetheless reserve the right to redact or remove any Content, in whole or in part, at any time and for any reason, with or without notice.  Any Content posted or made available by third parties, including other users of the GLMA Website, represent the views of the respective author(s) and not of GLMA.  GLMA neither endorses nor is responsible for the accuracy or reliability of any Content displayed on the GLMA Website.

E.                  Your Privacy and Security Responsibilities.

You are solely responsible for maintaining the confidentiality of your password and will be responsible for all activity performed using your registration, login or both, whether authorized or unauthorized by you.  You agree to immediately notify us of any unauthorized use of your registration, user account, or password.  If you choose to download your GLMA information onto a local or portable device, you are responsible for ensuring that any stored data is adequately protected.  Accessing GLMA from publicly available computers may compromise the privacy of your personal GLMA information as a local copy of your GLMA information, including your login name and password, may be automatically saved on the computer.

F.                  The GLMA Website is Intended for Adults.

The GLMA Website is intended for adult use only.  Neither GLMA nor any of its services are designed or intended to attract children under the age of 13.  The parent or legal guardian is fully responsible for: (1) supervising use of GLMA, including by any minor or person with limited decision-making capacity's use of any information provided through GLMA; (2) ensuring that the registration information of a minor or a person with limited decision-making capacity is kept confidential and that the information submitted on behalf of a minor or a person with limited decision-making capacity is accurate and complete; and (3) the interpretation and use of any information or suggestions provided through the GLMA Website to any minor or person with limited decision-making capacity.  To the maximum extent permitted by applicable law GLMA disclaims any liability or culpability for use or access of the GLMA Website by anyone under the age of 13.

G.                 Third Party Services; Links to Other Websites or Resources.

Goods, services, and information of third parties may be advertised and/or made available on or through the GLMA Website.  Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties.  We will not be liable for or responsible in any manner for their representations or actions, or for any of your dealings or interaction with third parties.

 

The GLMA Website provides links to other websites or resources.  These links are for your convenience only and are not under our control.  You acknowledge and agree that GLMA is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.  You agree that GLMA Website will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources.  In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk.

H.                 Indemnification.

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, suppliers, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees that may be made by any third party, that is due to or arising out of your conduct or connection with the GLMA Website or service, your provision of Content, your violation of these Terms of Service, the Privacy Policy, or any other violation of the rights of another person or party.

I.                   DISCLAIMER OF WARRANTIES.

YOU UNDERSTAND AND AGREE THAT YOUR USE AND ACCESS OF THE GLMA WEBSITE AND ANY SERVICES OR CONTENT PROVIDED (COLLECTIVELY, THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK.  IT IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AS WELL AS ANY WARRANTIES THAT MIGHT OTHERWISE ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF THE TRADE.

 

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR ANY MALWARE, TIMELY, SECURED, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD.  YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY PARTICIPANT IN THE SERVICE PROVIDE PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

 

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.  In such jurisdictions, the above disclaimer will have the greatest extent permitted by applicable law.

J.                   LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF THESE TERMS OF SERVICE OR THE USE OR ACCESS OF THE SERVICE.  THE FOREGOING APPLIES TO ANY LOSSES THAT MAY OCCUR DUE TO: (i) THE INABILITY TO USE OR ACCESS THE SERVICE, (ii) THE COST TO OBTAIN SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (iii) UNAUTHORIZED ACCESS TO, DELETION, LOSS, FAILURE TO STORE, INACCURACY, IMPROPER DELIVERY, OR ALTERATION OF ANY DATA OR INFORMATION RELATING TO THE SERVICE, WHETHER PROVIDED BY YOU, BY US OR BY A THIRD PARTY, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GLMA WEBSITE, (v) USE OF OR RELIANCE ON THE CONTENT, (vi) ANY CLAIM OR DEMAND FOR WHICH YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS PURSUANT TO SECTION H ABOVE, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.  YOU EXPRESSLY AGREE THAT WE EXCLUSIVELY RESERVE THE RIGHT TO AND MAY, AT ANY TIME AND WITHOUT NOTICE OR ANY LIABILITY TO YOU, MODIFY OR DISCONTINUE ANY



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