TERMS AND CONDITIONS
For Use of the Website
By accessing this Website, you agree to be bound by the Terms and Conditions set forth herein. If at any time you do not agree to these Terms and Conditions, please do not use this Website. This Website is operated by The Society for the Advancement of Sexual Health, Inc. ("SASH"). "Website" means the website located at www.sash.net, any subsequent URL which may replace this URL, and all associated websites, URLs and micro sites. "You/your" means you as a User of the Website and/or Member of SASH. "User" means all users of this Website. "Member" means a member of SASH. SASH offers this Website, including all information, tools and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
SASH reserves the right to change or update these Terms and Conditions by posting such changes or updates to the Website. Amendments to these Terms and Conditions will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and check the Website from time to time to be sure you understand all Terms and Conditions, agreements and policies of the Website and are in compliance with them. You can tell if these Terms and Conditions have changed by checking the last modified date that appears at the end of these Terms and Conditions. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.
1. Your Use of the Website
1.1 You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You shall not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
1.2 You agree not to attempt any unauthorized access to any part or component of the Website. You agree that in the event that you have any right, claim or action against any Users, then you will pursue such right, claim or action independently of and without recourse to SASH.
1.3 Information provided on the Website does not constitute, and is not intended to constitute, the provision or practice of medical or professional health care advice or services. All data, information, text, graphics, links and other material on the Website is provided as a convenience to you for your general informational and educational purposes only. Information provided on the website is not intended to serve as clinical or medical advice, nor is it intended to be used for diagnosis or treatment of any condition or symptom. You should consult with your physician, psychotherapist, or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on any information contained in this Website or any other websites linked to or from this Website.
2. Intellectual Property Ownership and Use
2.1 You acknowledge and agree that all copyrights, trademarks and all other intellectual property rights in all material or content contained within and supplied by SASH as part of the Website shall remain at all times vested in SASH or in the owner of such material and content, as the case may be. You are permitted to use and access this material and content only as expressly authorized by SASH or the owner of the material and content.
2.2 SASH grants you a limited, revocable, non-exclusive license to access and make personal use of the Website as SASH's User. However, You shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, text, page layout, page design, trade dress, trademark, logo or other content ("Site Content") for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website's name or any of SASH's trade names or trademarks; d) engage in any activity that interferes with the Website or another User's ability to use the Website; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the services offered on the Website; f) assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions; or g) assist others in challenging the validity of any of SASH's trademarks, the ownership of any such trademarks or the registration of any such trademarks.
2.3 All materials and content contained within the Website, including but not limited to the text, graphics, logos, button icons, images, audio clips, video clips, articles, posts and data compilations appearing on the Website, are owned by SASH or are used by SASH with permission from the owner, and are protected by U.S. and foreign copyright or other intellectual property laws. No portion of the materials or content on these pages may be reprinted or republished in any form without the prior express written permission of SASH or of the content owner, as the case may be.
3. Infringement Notice
3.2 In order for SASH to more effectively assist you, the notification must include ALL of the following:
a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner's behalf;
b. A description of the copyrighted work or other right you claim has been infringed or violated;
c. Information reasonably sufficient to locate the material in question on the Website;
d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit SASH to contact you;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
4. Errors and Inaccuracies
SASH strives to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. SASH reserves the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
5. Changes to Website
5.1 Other than as may be required by law, SASH reserves the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that SASH shall not be liable to you or any third party for any modification to or withdrawal of the Website or any portion of it.
5.2 The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
6. External Sites and Resources
The Website may contain links to websites owned by third parties, and third party websites may contain links to the Website. SASH is not responsible for the availability or content of any websites owned or controlled by third-parties. SASH is not responsible or liable, directly or indirectly, for the content of any third party websites, and SASH does not endorse any products or services offered by such third parties. SASH will not be responsible or liable for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any content, goods or services available on such third-party websites or resources.
7. Member Directory
7.1 The Website contains a "Find a Therapist" section where a User can search for Members for the purpose of retaining a Member as a therapist or in another professional capacity. If you are a Member, and you provide your information for SASH for inclusion in the Member directory on the Website, you acknowledge that the information provided by you to SASH will be publicly available. You, as a Member, are responsible for evaluating and bearing all risks associated with the public availability of your information and shall not provide SASH with any information that you do not wish to make public. You acknowledge and agree that as a SASH Member, you will be solely responsible for all information provided by you to SASH and the accuracy and propriety of the same.
7.2 You acknowledge that SASH is not an employment agency and is in no way actively soliciting employment for any Member. SASH does not warrant or guarantee that a Member's listing will be viewed by any specific number of Users, or that it will be viewed by any Users at all.
7.3 SASH has no control over the quality, legality, truth or accuracy of any Member listing, the ability of Members to find clients through the Website, or the ability of Users to find a therapist through the Website. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom you may come in contact through the Website. SASH does not endorse nor support any individual therapist, organization, institution or type of therapy. The Member list on the Website represents all Members from different training, backgrounds, experiences and approaches to therapy. It is your responsibility, or the responsibility of the person who contacts the Member, to ensure that the individual, organization or institution is licensed or otherwise qualified to provide treatment. Users are also responsible for negotiating all terms of engagement between them, and SASH makes no representations or warranties in relation thereto.
8.1 SASH MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED BY SASH IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, SASH MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED ON THE WEBSITE, WHETHER BY SASH, ON SASH'S BEHALF, BY MEMBERS, OR BY OTHERS.
8.2 UNLESS SPECIFIED BY SASH IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, SASH MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
12.4 SASH DOES NOT CONTROL THE INFORMATION PROVIDED BY MEMBERS OR OTHER CONTENT POSTED OR DISTRIBUTED ON OR THROUGH THE WEBSITE BY THIRD PARTIES. SASH ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, TIMELINESS,
COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY CONTENT OR MEMBER INFORMATION MADE AVAILABLE THROUGH THE WEBSITE. 12.5 SASH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY CONTENT POSTED ON THE WEBSITE THAT IS WRITTEN OR SPOKEN BY A PERSON OR COMPANY OTHER THAN SASH. THE VIEWS AND OPINIONS EXPRESSED BY ANY SUCH THIRD PARTIES IN ARTICLES, VIDEOS, OR ANY OTHER CONTENT REFLECT THE VIEWS AND OPINIONS OF ENTITY OR PERSON EXPRESSING THEM AND ARE NOT NECESSARILY THE VIEWS OR OPINIONS OF SASH.
13. Limitations on Liability
SASH WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF SASH AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY SASH AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY SASH AND ARISING OUT OF YOUR USE OF THE WEBSITE, ANY INFORMATION YOU PROVIDE TO SASH FOR INCLUSION IN THE WEBSITE, AND YOUR BREACH OF ANY REPRESENTATIONS AND WARRANTIES OR THESE TERMS AND CONDITIONS.
15. Investigations of Violations of These Terms
SASH may investigate any reported violation of its Terms and Conditions and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, removing content and/or reporting any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
16. Notice for California Users
17.1 If any term, clause or provision of these Terms and Conditions shall be deemed invalid or unenforceable for any reason, the remainder of this Agreement shall remain valid and enforceable in accordance with its terms.
Agreements") contain the entire agreement between you and SASH relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and SASH in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Website Agreements. These Website Agreements will be exclusively governed by and construed in accordance with the laws of the State of Georgia, and the courts located in the Northern District will have exclusive jurisdiction in any dispute, except that SASH has the right, at its sole discretion, to commence and pursue proceedings in alternative jurisdictions.
17.3 SASH may freely assign these Terms and Conditions or any of its rights and/or obligations hereunder.
18. Contact Information
DATE LAST MODIFIED April 1, 2011