LAST UPDATED: August 30, 2012
Anonymous Message Service. WE MAY MAKE AVAILABLE THROUGH THE SITE THE ABILITY TO SEND AND RECEIVE AN ANONYMOUS MESSAGE REGARDING THE POTENTIAL RISK FOR SEXUALLY TRANSMITTED DISEASES (“Anonymous Message Service”). THE RECEIPT OF SUCH A MESSAGE DOES NOT NECESSARILY MEAN THAT YOU HAVE A SEXUALLY TRANSMITTED DISEASE OR THAT YOU ARE AT RISK FOR A SEXUALLY TRANSMITTED DISEASE. IT MEANS ONLY THAT A USER OF THE SITE HAS PROVIDED US WITH YOUR E-MAIL ADDRESS AND REQUESTED THAT SUCH MESSAGE BE SENT TO YOU. WE DO NOT GUARANTE THAT MESSAGES SENT TO YOU THROUGH THE ANONYMOUS MESSAGE SERVICE HAVE BEEN REQUESTED BY A USER WITH WHOM YOU HAVE HAD PREVIOUS SEXUAL CONTACT. WE MAKE NO INQUIRY INTO THE EXISTENCE OF ANY RELATIONSHIP BETWEEN A USER OF OUR ANONYMOUS MESSAGE SERVICE AND A RECIPIENT. WE DO NOT GUARANTEE THAT ALL MESSAGES THAT USERS MAY ATTEMPT TO SEND THROUGH THE ANONYMOUS MESSAGE SERVICE WILL BE DELIVERED, AND SEXUAL HEALTH INNOVATIONS SHALL NOT BE RESPONSIBLE FOR THE CONTENT OF, THE DELIVERYOF OR THE FAILURE TO DELIVER ANY SUCH MESSAGE. IF YOU HAVE ANY CONCERNS REGARDING SEXUAL HEALTH OR OTHER HEALTH-RELATED ISSUES, SEEK ADVICE FROM YOUR DOCTOR. AS DISCUSSED BELOW, NO INFORMATION YOU RECEIVE FROM SHI OR THROUGH THE ANONYMOUS MESSAGE SERVICE IS INTEDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.
1. Acceptance of Terms. The Site is made available by SHI subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including, without limitation, by posting the revised version of this Agreement on the Site. Any changes will be effective immediately upon such posting. Your use of the Site after such changes are posted will signify your acceptance of such changes and your agreement to be bound by them. Notwithstanding the foregoing, any changes to the Agreement shall not apply to any dispute between us arising prior to the date on which we post the revised agreement that contains such changes. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site.
2. Jurisdictional Issues. The Site is controlled and operated by SHI from the United States, and is not intended to subject SHI to the laws or jurisdiction of any state, country or territory other than that of the United States. SHI does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. Not all products or services described on the Site are available in all states or territories.
3. Description of the Services. We provide users of the Site with access to certain content and services related to sexual health awareness, which may include, without limitation: (a) services such as the Anonymous Message Service; and (b) content such as general information related to sexual health, links to third party websites, and photographs, graphics, images, text, data and other similar content (such content and services, collectively, the "Services").
IMPORTANT NOTE REGARDING HEALTH-RELATED INFORMATION: YOUR USE OF THE SITE AND ANY INFORMATION PROVIDED ON OR IN CONNECTION WITH THE SITE IS AT YOUR OWN RISK. THE SITE MAY PROVIDE CERTAIN INFORMATION REGARDING SEXUAL HEALTH AND OTHER HEALTH-RELATED ISSUES. SUCH INFORMATION (A) IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, (B) SHOULD NOT BE CONSTRUED AS THE PROVISION OF ADVICE OR RECOMMENDATIONS, AND (C) SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION, INCLUDING WITHOUT LIMITATION THE DIAGNOSIS OR TREATMENT OF ANY HEALTH PROBLEM. SHI IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. SUCH INFORMATION IS NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED COMPLETE OR UP-TO-DATE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION AVAILABLE THROUGH THE SITE. THE RELATIONSHIP BETWEEN YOU AND SHI IS NOT A PHYSICIAN-PATIENT OR SIMILAR RELATIONSHIP; ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. SHI DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY SHI, SHI’S EMPLOYEES, INDIVIDUALS PROVIDING INFORMATION IN CONNECTION WITH THE SITE AT THE INVITATION OF SHI, OTHER VISITORS TO THE SITE OR USERS OF THE SERVICES AND/OR ANY OTHER THIRD PARTY IS SOLELY AT YOUR OWN RISK.
4. Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 11 below. You agree that you will not:
- Use this Site’s Anonymous Message Service to send a message to anyone other than an individual with whom you have engaged in a relationship and whom you have a good-faith basis to believe should receive the email notice.
- Post, transmit, or otherwise make available, through or in connection with the Site:
- Any material that would give rise to criminal or civil liability.
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- Impersonate any person or entity, including without limitation any representative of SHI; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or from materials originating from the Site.
- Frame or mirror any part of the Site without SHI’s express prior written consent.
- Create a database by systematically downloading and storing Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without SHI’s express prior written consent. Notwithstanding the foregoing, SHI grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. SHI reserves the right to revoke these exceptions either generally or in specific cases.
Additionally, you acknowledge and agree that you (and not SHI) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
6. License. For purposes of clarity, you retain ownership of any intellectual property rights that you may own in your submissions. However, please note that we need certain rights to your Submissions to be able to make them available for use. As such, you hereby grant to SHI and its service providers and designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed.
This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions), sublicenseable through multiple tiers (so that we can use our service providers and subcontractors to provide Services).
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Services available through the Site.
7. Accuracy of Information. We attempt to ensure that information provided on or in connection with this Site is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of such information.
8. Monitoring. You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; and/or (ii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect SHI and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
9. SHI's Proprietary Rights. The information and materials made available through the Site, including the Services, are and shall remain the property of SHI and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by SHI to access and use the Site, you may view one (1) copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by SHI in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
Trade names, trademarks and service marks of SHI include without limitation, SEXUAL HEALTH INNOVATIONS, STCK STUDY, SO THEY CAN KNOW and any associated logos. All trademarks and service marks on the Site not owned by SHI are the property of their respective owners. The trade names, trademarks and service marks owned by SHI, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of SHI’s trade names, trademarks or service marks without our express prior written consent.
10. Links. The Site may provide links to other web sites and online resources. Because SHI has no control over such sites and resources, you acknowledge and agree that SHI and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are not responsible for the availability of such external sites or resources, and SHI and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that SHI and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
SHI shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
Disclaimer of Warranties. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. SHI AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
LIMITATION OF LIABILITY. SHI AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, SHI AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, FROM ANY CONTENT POSTED ON THE SITE BY SHI OR ANY THIRD PARTY, OR THE CONTENTS OF THE DELIVERY OF, OR THE FAILURE TO DELIVERY ANY MESSAGE IN CONNECTION WITH THE ANONYMOUS MESSAGE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF SHI FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO SHI TO ACCESS AND USE THE SITE.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at email@example.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
11. Indemnity. You agree to defend, indemnify and hold harmless SHI and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers from and against all claims, losses, costs and expenses (including attorneys fees) arising out of or relating to (a) your use of, or activities in connection with, the Site; or (b) any violation of this Agreement by you.
12. Termination. This Agreement is effective until terminated. SHI, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if SHI believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that SHI may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that SHI shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information available to you after any such termination. Sections 2, 6, 8–12 shall survive any expiration or termination of this Agreement.
Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law. You agree to exclusive jurisdiction of the federal and state courts located in San Francisco County, California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
13. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to firstname.lastname@example.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
14. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that SHI does not endorse any of the products or services listed at such site.
15. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us by writing to 1616 Castro St, San Francisco, CA 94114, or by calling us at (909) 802-4590. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
16. Ability to Enter Into This Agreement. By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
17. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and SHI. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and SHI relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and SHI relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in SHI's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that 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. SHI will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Site © 2012 Sexual Health Innovations unless otherwise noted. All rights reserved.