The following Terms of Use (the “Agreement”) form a legal agreement between you and the National Hispanic Medical Association (“NHMA”).  By accessing, browsing, or otherwise using our websites, including www.nhmamd.org and www.hispanichealth.info, you acknowledge that have read, understood, and agree to be bound by this Agreement. 

1.  General

We may revise this Agreement at any time by updating this posting.  By continuing to use our websites, you accept any changes to the Agreement, so we recommend that you visit this page periodically to review any changes to the Agreement. 

2.  No Medical Advice

The contents of our websites, including the Hispanic Health Portal, are for informational purposes only, and we do not provide, or authorize anyone else to provide, medical or other professional advice on our websites.  Please seek the advice of your physician or other qualified health provider if you have questions about a medical condition, since you should not rely on the information provided on our websites in making medical decisions.  Although we provide, as a service to our users, information about affiliates, resources on health-related topics, and links to other websites, NHMA does not recommend or endorse any specific products, services, physicians, procedures, tests, or other information that may be mentioned on our websites. 

3.  Privacy

Your use of our websites is governed by our Privacy Policy .  By accessing or otherwise using our websites, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy.

4.  Registration and Access Controls

To use certain features of the websites, you will need a username and password, which you will receive through the registration process for the Hispanic Health Portal.  You agree to provide accurate, current, and complete information about yourself as requested or directed on the websites and to promptly update this information to maintain its accuracy.  You may not access password-protected or otherwise restricted portions of our websites except with valid access credentials that we have issued to you.

You are responsible for maintaining the confidentiality of these credentials and your Hispanic Health Portal account and are responsible for all activities (whether by you or by others) that occur using your account.  You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security.  We will not be liable for any loss or damage arising from any breach of the security of your access credentials, regardless of whether the breach is caused by your failure to protect your credentials.  You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.

5.  User Submissions

Our websites contain features that allow users to post their own content and communicate with others, such as the Hispanic Health Portal.  This content may include text, images, photographs, audio, video, or material in any other form that is stored on, posted on, or transmitted to or through the websites (collectively, "User Submissions").  By posting, uploading, adding, communicating, storing, or otherwise transmitting User Submissions on, to, or through the websites, you understand and agree that you are giving us a royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submissions in whole or in part, on a worldwide basis, and to incorporate them in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.

User Submissions are subject to the provisions of this Agreement regarding user conduct, which are described in Section 8.  Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions.  If we become aware of User Submissions that violate this Agreement or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.  If you notice that any other user's submissions appear to violate this Agreement, or if any other user ever makes you feel harassed or unsafe, please contact us at the address listed at the end of this Agreement and place the word “abuse” in the subject line of your message.

You understand and agree that User Submissions are neither owned by nor provided by NHMA, and that we will not be responsible for such User Submissions or any related conduct or practices.   

6.  Your License to Use Our Websites

You are authorized to use our websites for professional, personal, and non-commercial purposes, and, subject to the provisions of this Agreement, you may hyperlink to items of interest on the Service.  Your right to hyperlink to or distribute portions of the Service is non-exclusive and revocable at NHMA’s option, and such hyperlinking is permitted only if it is not in a context that portrays NHMA or the Service in a false, misleading, derogatory, or otherwise offensive manner and does not avoid or defeat any interface elements that we have implemented on our websites.  You are not authorized to access or otherwise use the websites for any purpose that is unlawful or prohibited by this Agreement or any other notice presented to you by NHMA.

Our websites (including, but not limited to, text, photographs, graphics, video and audio content) are protected by copyright and other intellectual property laws.  Except as permitted by the preceding paragraph or with respect to User Submissions that you have posted on our websites, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of these websites, except that you may download material from these websites for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only.  Without limiting the generality of the foregoing, you may not distribute any part of these websites over any network, including a local area network, nor sell or offer it for sale.

Our websites have been specially designed for presentation of content in a unique format and appearance to our users.  Without limiting the provisions of this section, neither you nor any third party shall make use of the contents of the websites in any manner—including by hyperlinking—that constitutes an infringement of our rights, including our copyright rights or any use that has not been authorized by us.  Among other restrictions, you agree not to republish or link to our content in a setting that includes advertising or other materials that we have not authorized to be displayed on the websites.

7.  Notice of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on or is accessible on the websites in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information as required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:

·         identification of the copyrighted work claimed to have been infringed;

·         identification of the allegedly infringing material on the websites that is requested to be removed;

·         your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

·         a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

·         a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

·         an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

NHMA’s designated copyright agent for notice of claims of infringement can be contacted at:

            Designated Copyright Agent

            National Hispanic Medical Association

            1411 K Street, Suite 1100

            Washington, DC 20005

            Phone: 202-628-5895

            Fax: 202-628-5898

            E-mail: erios@nhmamd.org [insert hyperlink to e-mail address]    

Please note that United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
8.  Prohibited Conduct

By using these websites, including interactive features such as the Hispanic Health Portal, you agree not to take any action that:

·         infringes on the copyright, trademark, patent or other intellectual property right of any third party;

·         is false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually explicit;

·         violates a third party's right to privacy or publicity;

·         degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;

·         contains epithets or other language or material intended to intimidate or to incite violence;

·         violates any applicable local, state, national or international law;

·         constitutes or purports to include medical, legal, tax, accounting, or other professional advice;

·         is designed to or could reasonably injure yourself, NHMA, or any third party; or

·         we believe in good faith to be otherwise objectionable or inappropriate.

You further agree that you will not:

·         delete or revise any material or other information of any other user or of the websites;

·         take any action that imposes an unreasonable or disproportionately large load on the websites’ infrastructure;

·         use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website;

·         use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the website other than the search engine and search agents available on the website and other than generally available third-party web browsers;

·         attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the website;

·         access, collect, use, disclose, or transmit personally identifiable information about other users for commercial or other purposes without the consent of those users and NHMA;

·         advertise or promote goods or services without our permission (including, without limitation, by sending spam);

·         engage in any other conduct that restricts or inhibits another person from using or enjoying the website, or which, in our judgment, exposes NHMA or any of our users, customers, or suppliers to any liability or detriment of any type; or

·         take any action that could endanger or cause damage to NHMA, other users of the website, or other third parties.

 

9.  Disclaimer of Warranties

THE CONTENT ON THIS WEBSITE IS PROVIDED "AS IS."  NHMA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE WEBSITE, LINKED WEBSITES, MATERIALS, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE.  NHMA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NHMA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE WEBSITE, LINKED WEBSITES, MATERIALS, OR OTHER CONTENT MADE AVAILABLE ON THE WEBSITE OR OTHERWISE BY NHMA; AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE OR OTHER ACTS OR OMISSIONS BY NHMA OR ANY THIRD PARTY.  IN ADDITION, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.  THERE IS ALSO NO WARRANTY THAT THE FUNCTIONS OR MATERIALS CONTAINED IN OR ACCESSED THROUGH OUR WEBSITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

10.  Indemnification

You agree to indemnify, defend and hold harmless NHMA and its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising from or in connection with your use of the website or our products or services or any violation or alleged violation by you of this Agreement or applicable law.  We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter.  You may not settle any claim covered by this Section or admit any liability on the part of NHMA without NHMA’s prior written approval.

11.  Limitation of Liability

YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.  YOU AGREE THAT NHMA, ITS SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE WEBSITE, REGARDLESS OF WHETHER NHMA OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY SUCH PARTY IS ALLEGED TO HAVE ACTED IN A NEGLIGENT MANNER.  YOU AGREE TO NOTIFY US PROMPTLY IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST NHMA, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH YOU DISCOVERED IT, OR SHOULD HAVE DISCOVERED IT IN THE EXERCISE OF REASONABLE DILIGENCE, SHALL BE DEEMED WAIVED AND RELEASED.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT OR FOR ANY OTHER CAUSE OF ACTION ARISING UNDER THIS AGREEMENT IS YOUR RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY UPON NOTICE TO NHMA.

12.  Choice of Law and Forum

This Agreement shall be governed by the laws of the United States and the District of Columbia, without regard to choice of law rules.  You agree that any claim or dispute against NHMA arising out of or relating to the use of this website must be brought in the courts of Washington, D.C., unless NHMA agrees to suit in another location.

13.  Severability and Integration

Unless otherwise specified, this Agreement constitutes the entire agreement between you and NHMA and governs your use of the website, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and NHMA.  If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

14.  No Waiver

NHMA’s failure to enforce any provision(s) of this Agreement or to respond to a breach by any party shall in no way waive its right to subsequently enforce this Agreement or respond to any breaches.

15.  Termination

NHMA may terminate this Agreement and/or suspend or terminate your access to the website for any reason, at any time, by providing notice to you.  If you wish to terminate this agreement and/or discontinue your access to the website, you must discontinue use of the website and its content and notify us by sending an e-mail to nhma@nhmamd.org [insert hyperlink to e-mail address].  Otherwise applicable sections of the Agreement shall survive any termination of your access to the website or this Agreement.

16.  Questions

If you have any questions about this Agreement, please send an e-mail to nhma@nhmamd.org [insert hyperlink to e-mail address].

 

Last updated:  [date posted on website]