Last Updated September 26, 2022.
These Terms of Service (“Terms”) are a contract between you and GLMA and Tegan and Sara Foundation (“GLMA and TSF” or “We”) and govern your access to and use of the GLMA and TSF website or content (the “Site”), or any services and/or products made available through GLMA and TSF (collectively, “Services”). Please read these Terms carefully before accessing and/or using the Site and/or Services.
Terms of Service
Acceptance of Terms. By accessing and/or using the Site and/or Services, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Services.
Amendment of Terms. We may amend the Terms from time to time. Unless We provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Services after such posting constitutes your consent to be bound by the Terms, as amended.
Your Representations & Warranties: You represent and warrant to GLMA and TSF on the date of your acceptance or deemed acceptance of these Terms of Service and each day on which you utilize or access the Services, in each case with reference to the facts and circumstances existing at such date, as follows:
· that, if you are an individual user, you are 18 years of age or older and that you have the capacity to contract under applicable Laws;
· that you are a resident of the United States or Canada;
· that you are not accessing the Services outside of the United States or Canada; and
· for individuals who create an account on website, that you are a medical professional in good standing with the regulatory authority for your profession in your jurisdiction, if any.
General Disclaimers; No Warranties.
ALL ASPECTS OF OR CONTENT OR FEATURES AVAILABLE THROUGH THE SITE AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GLMA AND TSF, ON BEHALF OF ITSELF AND ITS PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, GLMA AND TSF DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND/OR ANY SERVICE IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY SERVICE OR RECOMMENDATION, (III) THAT THE SITE AND/OR ANY SERVICE, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, (IV) THAT THE SITE, OR ANY ASPECT THEREOF, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL, CONTENT, OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL, CONTENT, OR DATA.
CERTAIN STATE OR PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SITE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
No Waiver for Rights and Remedies; Available Remedies.
ANY FAILURE BY GLMA AND TSF TO EXERCISE ANY OF ITS RIGHTS, POWERS, OR REMEDIES UNDER THESE TERMS OF SERVICE, OR ANY DELAY BY GLMA AND TSF IN DOING SO, DOES NOT CONSTITUTE A WAIVER OF ANY SUCH RIGHT, POWER, OR REMEDY. THE SINGLE OR PARTIAL EXERCISE OF ANY RIGHT, POWER, OR REMEDY BY GLMA AND TSF DOES NOT PREVENT EITHER FROM EXERCISING ANY OTHER RIGHTS, POWERS, OR REMEDIES. THE REMEDIES OF GLMA AND TSF ARE CUMULATIVE WITH AND NOT EXCLUSIVE OF ANY OTHER REMEDY CONFERRED BY THE PROVISIONS OF THESE TERMS OF SERVICE, OR BY LAW OR EQUITY. YOU AGREE THAT THE REMEDIES TO WHICH GLMA AND TSF ARE ENTITLED INCLUDE INJUNCTIONS TO PREVENT BREACHES OF THESE TERMS OF SERVICE AND TO ENFORCE SPECIFICALLY THE TERMS AND PROVISIONS HEREOF, AND YOU WAIVE THE REQUIREMENT OF ANY POSTING OF A BOND IN CONNECTION WITH SUCH REMEDIES.
Waiver and Release.
YOU UNDERSTAND AND AGREE THAT THE SITE OFFERS DIRECTORY INFORMATION FOR MEDICAL PROFESSIONALS THAT IS DESIGNED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL, OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH GLMA AND TSF IS SOLELY AT YOUR OWN RISK.
THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND GLMA AND TSF MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN OR THROUGH THE SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.
Indemnification; Hold Harmless.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS GLMA AND TSF AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES, AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES, AND LIABILITIES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR MISUSE OF THE SITE, VIOLATION OF THESE TERMS, VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, OR ANY BREACH OF YOUR REPRESENTATIONS, WARRANTIES, AND COVENANTS SET FORTH IN THESE TERMS.
Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES WILL GLMA AND TSF OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF GLMA AND TSF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GLMA AND TSF’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER GLMA AND TSF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
All disputes arising out of or in connection with these Terms, or any other acts or omissions for which you may contend that we are liable, shall be settled through a binding and final arbitration consistent with the Federal Arbitration Act (to the extent permitted by applicable law). The arbitration shall be before a sole arbitrator in accordance with the American Arbitration Association (“AAA”), adr.org, 1-800-778-7879, and pursuant to the then applicable AAA Commercial Arbitration Rules and Mediation Procedures. You may decide whether to have the arbitration conducted by telephone, based on written submission, or in a mutually agreed location. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, We will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, unless the arbitrator finds some or all of your claims to be frivolous. No award or procedural order made in the arbitration shall be published. The arbitration shall occur in English.
To the fullest extent permitted by applicable law, you and We agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. To the fullest extent permitted by applicable law, you further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. If any portion of this or the prior paragraph is found to be void or unenforceable as to a particular claim, then that claim (and only that claim) shall be resolved in federal court in Washington DC rather than in arbitration; if there is no federal jurisdiction, the case shall be resolved in Washington DC state court.
The use of any automated system or software to by You, a third-party, or any other individual or entity, to “scrape” or collect information from the Site for commercial, research, or others purposes is strictly prohibited without Our written consent.
We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns, and licensees.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
IN THE EVENT YOU HAVE A CAUSE OF ACTION THAT IS NOT OTHERWISE BARRED BY THESE TERMS, YOU AND GLMA AND TSF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND/OR THE SITE AND/OR THE SERVICES) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.