TERMS AND CONDITIONS OF USE FOR BAHP® WEBSITE
READ THESE TERMS AND CONDITIONS WHICH GOVERN YOUR USE OF THIS WEBSITE.
1. Consent. Your use of the Website constitutes your acknowledgement and acceptance of the terms and conditions contained herein. If you do not agree to these terms and conditions of use, you may not access or otherwise use the Website.
2. Modifications to the Agreement. . BAHP® may amend this Agreement at any time by posting the amended terms on the Website. Your use of the Website after the posting of amendments to the Agreement will constitute your acceptance of the Agreement, as modified. This Agreement may not be otherwise amended except in a written agreement signed by you and BAHP®.
4. Content Provided By You. To the extent that you are permitted to upload Content or to communicate with or through the Website, you agree that you will not provide any Content, nor transmit any material to or through the Website, that is defamatory, libelous, abusive, profane, threatening, offensive, anticompetitive, or otherwise violative of any applicable law; that is protected by copyright without the permission of the copyright owner; that would infringe upon the trademark rights of the owners of such marks without the permission of such owners; or that contains confidential information or any information that would infringe upon the proprietary, privacy or personal rights of others. By providing any Content or transmitting any material to or through the Website, you warrant and represent that such Content and your transmission thereof does not violate any applicable law or the rights of any other person or entity.
5. Third Party Content. Certain Content, including, but not limited to, Communications (as defined below), on the Website is provided by third-party sources, and BAHP® does not regularly review, approve or exercise any editorial judgment whatsoever with respect to Content provided by third-party sources. However, BAHP® reserves the right, but has no obligation, to review and remove, in its sole discretion, any Content provided by third parties.
6. Communication with the Website. By posting messages, sending e-mails, uploading files, or inputting data to the Website, including, but not limited to, by using any discussion forums and/or listservs available on the Website, or by communicating with other users or persons via the Website, or by otherwise providing any Content (individually or collectively “Communications”), you hereby grant to BAHP® a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against BAHP® for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Communications.
7. Intellectual Property. The Website, including, but not limited to, the Content and the overall “look and feel” of the Website, is owned by BAHP® or its licensors, and is protected under the copyright, trademark and other intellectual property laws of the United States and other countries as well as by international treaties and conventions. The Website is further protected as a collective work and/or compilation under U.S. copyright and other laws, treaties and conventions. You agree to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright and trademark notices, information, and restrictions contained in any of the Content. Any reproduction, retransmission, or republication of the Content is expressly prohibited, unless BAHP® or the copyright owner of the material has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content.
8. Disclaimer of Warranty. THE WEBSITE, INCLUDING ALL THE CONTENT, IS PROVIDED “AS IS.” BAHP® AND ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE “BAHP® PARTIES”), MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT, AS TO HYPERTEXT LINKS TO THIRD PARTIES, OR AS TO SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE. FURTHER, BAHP® DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO QUALITY, ACCURACY, TIMELINESS, CONTINUED AVAILABILITY, COMPLETENESS OR NON-INFRINGEMENT OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT, NOR ARE THERE ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE BAHP® PARTIES HAVE NO RESPONSIBILITY TO MAINTAIN THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT, OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES RELATING THERETO. THE BAHP® PARTIES DO NOT WARRANT THAT THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER ON WHICH IT IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT, IS COMPATIBLE WITH YOUR EQUIPMENT. AVAILABILITY OF THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL BAHP® HAVE ANY LIABILITY TO YOU OR TO THIRD PARTIES FOR THE QUALITY, ACCURACY, TIMELINESS, CONTINUED AVAILABILITY OR COMPLETENESS OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT. IN NO EVENT WILL BAHP® BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT YOU MAY INCUR BY USING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOSS OF REVENUE, EVEN IF BAHP® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the limitation or exclusion of liability for incidental, consequential, special, punitive or exemplary damages or the exclusion of implied warranties.
10. Reservation of Rights. BAHP® shall at all times have complete freedom in the editorial control of the Content made available on the Website. BAHP® reserves the right, at its sole discretion and at any time, to change the Content of the Website and to discontinue or change any aspect of the Website. BAHP® may also restrict your access to parts or all of the Website without notice or liability.
11. No Sponsorship of Third Party Websites. The Website may contain links to certain Internet websites sponsored and maintained by third parties. BAHP® is providing such links solely as a convenience to you. BAHP® makes no representations concerning the content of those websites. The fact that BAHP® has provided a link to a website does not constitute an endorsement, authorization, sponsorship, or affiliation by BAHP® with respect to that website, its owners, or its providers.
12. Indemnification. You hereby agree, at your own expense, to indemnify, defend and hold harmless the BAHP® Parties, from and against any and all losses, liabilities, judgments, settlements, damages, arbitration awards and costs, including attorneys’ fees and disbursements (collectively, “Losses”), resulting from or arising out of any suits, actions, claims, demands or similar proceedings, whether actual or threatened (collectively, “Proceedings”) based on or relating to: (a) any breach of this Agreement or the representations, warranties and covenants herein, either by you or any persons using your computer; (b) your use of the Website or a third party’s use of the Website through your computer; or (c) any Content you contribute to the Website. You agree to cooperate as fully as reasonably required in the defense of any claim. BAHP® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of BAHP®.
13. Termination. Either you or BAHP® may terminate this Agreement with or without cause at any time and effective immediately. You may terminate the Agreement by discontinuing use of the Website and destroying all materials obtained from the Website. This Agreement will terminate immediately without notice from BAHP® if you, in BAHP®’s sole discretion, fail to comply with any provision of this Agreement. Upon termination by you or upon notice of termination by BAHP®, you must promptly destroy all materials obtained from the Website and any copies thereof and discontinue use of the Website. Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of this Agreement shall survive any termination of this Agreement.
14. Applicable Law. This Agreement is governed by the laws of the District of Columbia without regard to principles of conflicts of laws.
15. Disputes. You agree to submit to the jurisdiction of the state and federal courts having jurisdiction in the District of Columbia in respect of litigation arising out of this Agreement, waiving all affirmative and legal defenses in respect of jurisdiction, forum and venue.
16. Miscellaneous. If any provision of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. No delay or failure on the part of either party to exercise any right granted under this Agreement, or available at law or equity, shall be construed as a waiver of such right. All such waivers must be in writing, and shall constitute a waiver with respect to the specific matter described in such writing and shall in no way impair the rights of such party in any other respect or at any other time. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof and merges and supersedes all prior discussions, agreements and understandings of any kind and every nature between the parties.
17. Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BAHP®’s Executive Director the written information specified below. Please note that this procedure is exclusively for notifying BAHP® and its affiliates that your copyrighted material has been infringed.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed upon;
(c) A description of where the material that you claim is infringing is located on the Website,
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
(f) 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.
BAHP®’s Copyright Contact for notice of claims of copyright infringement on its Website can be reached as follows:
Center for Baby and Adult Hygiene Products (BAHP®)
Attn: BAHP Executive Director
1800 M Street, NW
Washington, DC, 20036
Web: www.diaperanswers.com, www.bahp.com
© 2012 BAHP®. All Rights Reserved. 1800 M Street, NW Suite 400-S, Washington, DC, 20036