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Terms and Conditions of Use

The Alexander Foundation for Women's Health may revise and update these Terms and Conditions at any time and your continued use of the Alexander Foundation for Women's Health web site (the "Site") will mean you accept and agree to be bound by such changes.

By using this Site, you agree to be bound by the following terms and conditions ("Terms and Conditions"):

THE ALEXANDER FOUNDATION FOR WOMEN'S HEALTH AND THIS SITE DO NOT PROVIDE MEDICAL ADVICE.

The contents of the Site, including without limitation text, graphics, images, information from links, newsletter or journal articles, and any other material ("Content") are for informational purposes only. They are not intended as a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of a physician or qualified health care provider to discuss any questions you may have regarding a medical condition. Do not disregard your clinician's advice or delay in seeking a professional opinion because of any article you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately.

The Alexander Foundation for Women's Health does not recommend or endorse any specific tests, physicians, products, procedures that may be mentioned on the Site.

The Site may contain materials that are sexually explicit though they will be presented in a clinical setting and for educational purposes.

Advice to Parents: The Site is not recommended for children. It is intended primarily for women aged 25 and over.

LIMITATION OF LIABILITY

Your use of the Site and the Content is at your own risk. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Alexander Foundation and its suppliers. Acts or inactions of third parties may result in situations in which your Internet connection, use of the Site, the Content, or other information may be impaired, disrupted, or damaged. ACCORDINGLY, THE ALEXANDER FOUNDATION FOR WOMEN'S HEALTH ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.

THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS. THE ALEXANDER FOUNDATION, ITS LICENSORS AND SUPPLIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OF OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY. WITHOUT LIMITING THE FOREGOING, THE ALEXANDER FOUNDATION AND ITS CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:

1. THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF THE CONTENT, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE.

2. THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON THE ALEXANDER FOUNDATION SITE.

IN NO EVENT SHALL THE ALEXANDER FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT.

USE OF CONTENT

The Alexander Foundation for Women's Health authorizes you to view or download a single copy of the Content solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2004 The Alexander Foundation for Women's Health. All rights reserved" and if you note any other copyright and proprietary rights notices that are contained in the Content.

The Content is protected by copyright under both United States and foreign laws. Title to the Site and the Content remains with The Alexander Foundation for Women's Health. Any use of the Site or Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and Site features are subject to change or termination without notice in the sole discretion of The Alexander Foundation for Women's Health. All rights not expressly granted herein are reserved to The Alexander Foundation for Women's Health.

SUBMISSIONS

You agree that you will not upload or transmit any communications or content of any type to The Alexander Foundation for Women's Health that will infringe, violate or misappropriate anyone's rights. You agree that any submissions are non-confidential.

If you submit any articles or business ideas to The Alexander Foundation for Women's Health by email, you warrant that the owner of such content or other intellectual property has expressly granted The Alexander Foundation for Women's Health a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content and other intellectual property in any media or medium, or any form, format, or forum now known or hereafter developed.

PASSWORDS

You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your Site passwords or accounts. It is your sole responsibility to authorize, monitor, and control access to and use of your Site account and password and to promptly inform The Alexander Foundation for Women's Health of any need to deactivate a password. You grant The Alexander Foundation for Women's Health and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. The Alexander Foundation for Women's Health cannot and does not assume any responsibility or liability for any information you submit, for your or third parties' use or misuse of information transmitted or received using the Site's tools and services.

The Alexander Foundation for Women's Health reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public.

LINKS TO OTHER SITES

The Site may provide links to third-party web sites. The Alexander Foundation for Women's Health does not endorse and is not responsible for operation of or content located on such linked third-party sites, sites framed within the Site or third-party advertisements, and does not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. You should review the terms and conditions of use of every web site you visit to ensure that you are comfortable with the practices of that particular web site.

INDEMNITY

You agree to defend, indemnify, and hold The Alexander Foundation for Women's Health, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (1) your use of the Site; (2) your use of the Content; and (3) your violation of these Terms and Conditions.

INJUNCTIVE RELIEF

You agree that, if you breach or threaten to breach these Terms and Conditions in any manner, The Alexander Foundation for Women's Health may suffer irreparable damage, money damages will be inadequate, and The Alexander Foundation for Women's Health shall be entitled to preliminary and other injunctive relief by a court of competent jurisdiction against any such breach or threatened breach, without having to wait for you to cure and breach and without having to post a bond other security. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies The Alexander Foundation for Women's Health may have in law or equity, or under these Terms and Conditions, for the enforcement of these Terms and Conditions.

TERMINATION

The Alexander Foundation for Women's Health may suspend or terminate these Terms and Conditions and your ability to use or access the Site and Content at any time without notice to you. Upon termination, you will make no further use of the Site or the Content.

GENERAL

The Alexander Foundation for Women's Health is based in Berkeley, CA in the United States of America and makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal for certain persons or in certain countries. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.

ASSIGNMENT, SUCCESSORS

No right or license under these Terms and Conditions may be assigned or transferred by you, nor may any duty be delegated by you, without the prior written consent of The Alexander Foundation for Women's Health. Any assignment, transfer or delegation in contradiction of this provision shall be null and void. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the successors and assigns of you and The Alexander Foundation for Women's Health.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with The Alexander Foundation for Women's Health, or in any way relating to your use of the Site or the Content, resides in the courts of the State of California and you consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving The Alexander Foundation for Women's Health or its employees, agents, contractors, officers, directors, telecommunication providers, and Content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

COMPLETE AGREEMENT

Except as expressly provided in a particular "legal notice" posted on the Site, these Terms and Conditions constitute the entire agreement between you and The Alexander Foundation for Women's Health with respect to the Site and Content.

Questions or comments regarding the Site, including any reports of non-functioning links, should be directed by electronic mail to contact@afwh.org

(c)2004 The Alexander Foundation for Women's Health. All rights reserved.

© 2004 The Alexander Foundation

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