Site terms

hispanichealth.org member agreement

Please read this agreement carefully before using HispanicHealth.org’s National Hispanic Digital Community (NHDC) services. By using this service, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, you will not have any right to use the services.

HispanicHealth.org’s acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms; if these terms and conditions are considered an offer by HispanicHealth.org, acceptance is expressly limited to these terms.

The Web site available at www.hispanichealth.org ("Site") is owned and operated by the National Alliance for Hispanic Health. ("HispanicHealth.org"), a nonprofit organization, and is accessed by you ("Member") under the following terms and conditions:

1. Access to the services
1.1 Subject to the terms and conditions of this agreement, HispanicHealth.org will use reasonable efforts to provide the services selected by Member through the registration process ("Services"), solely for Member's own use, and not for the use or benefit of any third party. HispanicHealth.org may change, suspend or discontinue the Services at any time, including the availability of any feature, database or content. HispanicHealth.org also may impose limits on certain features and services or restrict Member's access to parts or all of the Services without notice or liability. HispanicHealth.org reserves the right, at its discretion, to modify this Member Agreement at any time by posting a notice on the Site, or by sending Member a notice via e-mail or postal mail. Member shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Member following such notification constitutes Member's acceptance of the terms and conditions of this Member Agreement as modified.

1.2 Member certifies to HispanicHealth.org that Member is an individual (i.e., not a corporation). Members are required to enter their date of birth in order to be directed to the proper area of the service. Members are prohibited from uploading, viewing, or transferring materials that contain nudity or considered adult in nature, as defined in this Member Agreement. All Members represent that the date of birth provided to HispanicHealth.org is true and correct at registration. Any perjurious information provided by any Member will result the immediate termination of their account(s) and/or permanent barring of future membership.

1.3 Member shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software and long distance or local telephone service. Member shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. Site content
2.1 The Site and its contents are intended for the personal, noncommercial use of HispanicHealth.org users. All materials displayed or performed on the Site (including, but not limited to, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by HispanicHealth.org or its third party content providers. Member shall abide by all copyright notices, information and restrictions contained in any Content accessed through the Services.

2.2 The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Member may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Member Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials or Services in whole or in part.

2.3 Member may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that Member maintains all copyright and other notices contained in such Content. Member shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from HispanicHealth.org, or from the copyright holder identified in such Content's copyright notice.

3. Digital Community – discussion rooms and profiles
3.1 Member shall not upload to, display on, or distribute or otherwise publish through, the Site any Content which is libelous, defamatory, obscene, pornographic, abusive, nor contains nudity or "adult content" or otherwise violates any law.

3.2 Discussion rooms and profiles shall be used only in a noncommercial manner. Member shall not, without HispanicHealth.org’s prior written consent, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. Member may not use Member's profile through the Services for commercial purposes (including, but not limited to, offering for sale any products or services, soliciting advertisers or sponsors, promoting or soliciting participation in multi-level marketing or pyramid schemes, or conducting raffles or contests that require any type of entry fee).

3.3 Member hereby grants HispanicHealth.org a perpetual, royalty free, worldwide, sublicensable, non-exclusive, irrevocable license to use, reproduce, perform, display, electronically transmit and create derivative works based on, any Content Member uploads or posts on the Site, and Member hereby warrants to HispanicHealth.org that Member has full power and authority to grant such a license. To the extent allowed by law, this Section includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights," "artist's rights," "droit moral" or the like (collectively "Moral Rights"). To the extent Member retains any such Moral Rights under applicable law, Member hereby ratifies and consents to, and provides all necessary ratifications and consents to, any action that may be taken with respect to such Moral Rights by HispanicHealth.org; Member agrees not to assert any Moral Rights with respect thereto.

3.4 Member will not run Maillist, Listserv, any form of auto-responder or "SPAM" on the Site, or any processes that run or are activated while the Member is not logged in. In addition, Member may not include within Member's profile HTML embedded tags, Java or JavaScript.

4. Restrictions on use of the services
4.1 Member is responsible for all usage or activity on Member's HispanicHealth.org account (the "Account"), including use of the Account by any third party authorized by Member to use the Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of the Account, at HispanicHealth.org’s sole discretion, and Member may be referred to appropriate law enforcement agencies. Member may not use or allow others to use the Account either directly or indirectly to post, transmit or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, hateful, racially, ethnically or otherwise objectionable Content; harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another Site user or other person or entity. Member may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any HispanicHealth.org user.

4.2 Use of the Account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Member will abide by all the rules, regulations and policies of those networks and computer systems accessed via the Account. If the Member is unsure of those policies, it is the Member's responsibility to ascertain said policies.

4.3 Member shall be civil and show respect for others. Member shall not interfere with another's enjoyment of the Services. Member may not target another to cause distress, embarrassment, unwanted attention or other discomfort. Member may disagree with someone's point of view—HispanicHealth.org encourages lively discussion in the Site's Digital Community—but personal attacks are not allowed. Member may not attack a person based on the person's race national origin, ethnicity, religion, gender, sexual orientation, disability or other identification.

5. Warranty disclaimer
5.1 HispanicHealth.org has no special relationship with or fiduciary duty to any of the Site's users and makes no commitment to screen, edit, monitor, or censor any content transmitted or received via the Site or stored on any computer equipment attached to HispanicHealth.org’s Network over the Internet. Member acknowledges that HispanicHealth.org has no control over, and no duty to take any action regarding, which users gains access to the Site; what information Member accesses via the Site; what effects the Content may have on Member; how Member may interpret or use the Content; or what actions Member may take as a result of having been exposed to the Content. Member releases HispanicHealth.org from all liability for Member having acquired or not acquired information through the Site or for the use by third parties of any personal information that Member may choose to disclose on the Site. HispanicHealth.org encourages Member to exercise discretion while browsing the Internet. The Site may contain, or direct Member to sites containing, information that some people may find offensive or inappropriate. HispanicHealth.org makes no representations concerning any content contained in or accessed through the Site, and HispanicHealth.org will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. The Services, Content, Site and any software are provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO MEMBER.

5.2 Electronic communications privacy act notice (18usc 2701-2711): While HispanicHealth.org protects the privacy of member personal registration and identification information according to our privacy policy, HispanicHealth.org makes no guarantee of confidentiality or privacy of any communication or information transmitted on the site or any Web site linked to the site. HispanicHealth.org will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on HispanicHealth.org’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Member's use of the Services.

6. Registration and security
6.1 As part of the registration process, Member will select a password and Member name for the Account ("HispanicHealth.org User ID"). Member shall provide HispanicHealth.org with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Member's account. Member may not (i) select or use as a HispanicHealth.org User ID a name of another person with the intent to impersonate that person; or (ii) use as a HispanicHealth.org User ID a name subject to any rights of a person other than Member without appropriate authorization. HispanicHealth.org reserves the right to refuse registration of, or cancel a HispanicHealth.org User ID at its discretion.

6.2 Member shall be responsible for maintaining the security of the Account, password, files and for all uses of the Account, with or without Member's knowledge or consent. HispanicHealth.org is not liable for any loss that Member might suffer through another's use of the Account. Member shall notify HispanicHealth.org via e-mail, any known or suspected unauthorized use(s) of the Account, or any known or suspected breach of security on the Site, including loss, theft or unauthorized disclosure of Member's HispanicHealth.org password or credit card information. Member shall be responsible for maintaining the confidentiality of Member's HispanicHealth.org password. Member's HispanicHealth.org password will be encrypted for security.

7. Indemnity
Member will indemnify and hold HispanicHealth.org, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of Member's access to the Site, use of the Services, the violation of this Agreement by Member, or the infringement by Member, or any third party using the Account, of any intellectual property or other right of any person or entity, and (ii) all consequences, including personal harm, of Member having been exposed to or not exposed to information through the Site.

8. Limitation of liability
In no event shall HispanicHealth.org be liable with respect to the site (i) for any amount in the aggregate in excess of the fees paid by member therefor; or (ii) for any indirect, incidental, punitive or consequential damages of any kind whatsoever. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to member.

9. Communications between HispanicHealth.org and member
From time to time, HispanicHealth.org may (and has the right to) send to Member's HispanicHealth.org e-mail account (or to an alternate e-mail account that Member designates), information about changes or additions to the Services, or about any HispanicHealth.org related products or services.

10. Termination
Either party may terminate the Services at any time by notifying the other party by any means. HispanicHealth.org also may terminate or suspend any and all Services immediately, without prior notice or liability, if Member breaches any of the terms or conditions of this Agreement. Upon termination of the Account, Member's right to use the Services and any Content immediately will cease. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and Section 8.

11. Miscellaneous
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. HispanicHealth.org shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond HispanicHealth.org’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Member except with HispanicHealth.org’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia without regard to the conflict of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the District of Columbia and U.S. federal courts having within their jurisdiction the location of HispanicHealth.org’s principle place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment is created as a result of this Agreement and Member does not have any authority of any kind to bind HispanicHealth.org in any respect whatsoever. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is confirmed electronically, if transmitted by facsimile or e-mail or upon receipt, if sent by certified or registered mail (to the National Alliance for Hispanic Health, Attn: HispanicHealth.org Member Service, 1501 Sixteenth Street, NW, Washington, DC 20036-1401, return receipt requested).