Permissible Use and Compliance with Law
You agree that you will not use the Site for any purpose that is unlawful or that is prohibited by these Terms, and that you will comply with all applicable laws and any conditions or restrictions imposed by these Terms. The Site provides (collectively, “Services”) and you are prohibited from using, and are expressly not granted the right to use, the Site for any other purpose.
The Site may include features that allow you to post content on the Site or communicate with others. This content and communication may be submitted either on the Site or on third-party web sites that identify or are co-branded with our name or trademarks, and may include text, images, photographs, audio, video, or other material (collectively, User Content). You agree that you are solely responsible for your conduct while on the Site, and you agree not to post, or attempt to post, User Content that:
- contains any material that could be could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, including material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, indecent, sexually explicit, or hateful, or content that refers negatively to people or groups on the basis of their race, ethnicity, religion, sexual orientation, gender, or similar characteristics;
- is posted in a false name or the name of another person, or includes impersonations of any person;
- includes illegal material or encourages, solicits, or glorifies illegal activity;
- contains false statements or misrepresentations that could damage you, us, or a third party;
- includes commercial advertisements or solicitations, except if we have specifically authorized their inclusion;
- includes, purports to include, or seeks, medical or other professional advice; or
- includes material we believe in good faith to be otherwise objectionable.
You also agree that you will not do any of the following in connection with the Site or its users:
- Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
- Harvest or otherwise collect information about users, including email addresses, without their consent;
- Circumvent or attempt to circumvent any filtering, security measures, or other features CHPA may from time to time adopt to protect the Site, its users or third parties
All materials (including, but not limited to text, photographs, graphics, video, audio content, and computer code and the selection and arrangement of such elements therein) posted on the Site are subject to copyrights owned by CHPA and other individuals or entities and are protected by United States and international copyright laws. You acknowledge that all copyrights and other intellectual property rights related to the Site are owned by CHPA, its licensors, and other individuals or entities to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any material posted on Site. These restrictions do not apply to material provided by CHPA in the Members Only portions of the Site. All other rights reserved.
CHPA complies with the notice-and-takedown procedures set out in section 512(c) of the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. If you believe in good faith that your copyrights have been infringed, please notify our designated copyright agent by mail or email at email@example.com.
Please provide our copyright agent with the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and email address, so that we may contact you if necessary;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If your content is removed under the DMCA, you'll receive instructions about how to file a counter-notification in the message we send you. You should only submit a counter-notification if the content was removed because of a mistake or misidentification.
Trade and Service Mark Rights
Our product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs used on the Site, whether or not appearing in large print or with the trademark symbol, belong exclusively to CHPA and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other third-party product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs posted on the Site are the property of their respective owners. The use or misuse of these trademarks or any other intellectual property is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any patent or trademark right of CHPA or any third party.
Links to Third-Party Sites, Services and Content
As a convenience to you, we may provide links on the Site to websites, services and content offered by third parties. You agree that we are not responsible for the accuracy, legality or any other aspect (including the privacy and data security practices) of such sites, services and content. When we include such links on the Site, we are not endorsing, sponsoring or otherwise recommending any third-party site, service, or content.
We do not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Site. However, by submitting or posting information or material on, to or through the Site, you grant CHPA a world-wide, royalty-free, perpetual, irrevocable and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content anywhere, for any purpose, and in any form, media or technology now known or later developed, including for promotional and marketing purposes.
By posting or submitting content to this Site, you also warrant and represent that you own or otherwise control all of the rights to the content of the public posting, and that our use of your content will not infringe or violate the intellectual property, trade secret, privacy, publicity or other rights of you or any third party. This provision is not intended to apply to information or material provided to or shared through the Members Only portions of the Site.
Disclaimer of Warranties and Limitation of Liability
THE SITE IS PROVIDED "AS IS," “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHPA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. CHPA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SITE OR OTHERWISE BY CHPA OR THE SITE’S USERS.
IN NO EVENT WILL CHPA OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, OR ON ANY WEB SITE LINKED TO THIS SITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ANY SITE LINKED TO THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ALTERATION, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE.
CHPA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO TEXT OR PHOTOGRAPHY. THERE IS NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE SITE OR SERVICES WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED.
CHPA IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OR OTHER USERS OF THE SITES.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
CHPA reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by CHPA.
Choice of Law and Forum
These conditions shall be governed by and construed in accordance with the laws of the District of Columbia, excluding its conflict of law rules. You and CHPA expressly agree to submit to the exclusive jurisdiction and venue of the courts in the District of Columbia in all disputes arising out of or relating to the use of this Site. You further agree to accept service of process by mail. By using the Site, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
Severability and Integration
No Professional Advice
Any information supplied on the Site and/or by any employee or agent of CHPA, whether by telephone, email, letter, facsimile or other form of communication, does not constitute medical, legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
Termination and Changes
CHPA reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Site, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
No Third Party Beneficiaries
Except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms. Neither party will make any commitment, by contract or otherwise, binding upon the other party or represent that it has any authority to do so.
You may not assign these Terms or any rights or obligations herein without the prior written consent of CHPA and any attempted assignment in contravention of this provision is null and void and of no force or effect. CHPA has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.
The failure of CHPA to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.
If you have questions concerning these terms and conditions, and/or your use of the Site, please contact us at firstname.lastname@example.org.
Date last modified: October 2020
Copyright 2020 Consumer Healthcare Products Association
All rights reserved