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Policies

EmpowHER respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, EmpowHER will respond expeditiously to claims of copyright infringement committed using the EmpowHER service that are reported to the EmpowHER Designated Copyright Agent identified below.

If you are a copyright owner or an agent thereof and believe that your copyright has been infringed you may submit a DMCA notification by filing a notice with our Designated Agent. To file a copyright infringement notification with us, please send a written communication that includes substantially the following:

  • Identification of the copyrighted work that you believe has been infringed.
  • Identification of the material that you claim is infringing or which you claim is the subject of infringing activity.
  • Sufficient information to permit EmpowHER to locate the material. Please provide the URL. That will help us locate the material quickly.
  • Information reasonably sufficient to permit EmpowHER to contact you, such as an address, telephone number and email address.
  • The following statement: "I have a good faith belief that use of the copyrighted materials in the manner complained of is not authorized by the copyright owner, its agent, or the law."
  • The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • Your physical or electronic signature.

Such written notice should be sent to us as follows:

By Email: dmca@EmpowHER.com
Please send the notification information in the body of the email, not as an attachment.

By Mail:
DMCA Designated Agent
EmpowHER
8100 E Indian School Rd #203
Scottsdale, AZ 85251

Or

By Fax: 480-315-1447

In the event that your notification does not comply with the requirements set forth above and does not substantially comply with the requirements of 17 U.S.C. § 512(c)(3), EmpowHER may not be obliged to remove the material.

Counter Notification
If EmpowHER removes material pursuant to a DMCA notification, EmpowHER will make a good-faith attempt to contact the user who posted it so they may make a counter notification pursuant to sections 512(g) (3) of the DMCA.

To ensure EmpowHER is able to respond efficiently to your counter notification, please contact us in writing, either by regular mail or email to the Designated Agent at the address above, and include the following:

  • Identification of the material that has been removed and the specific URL at which the material appeared before it was removed.
  • Your contact information, including address, telephone number, and email address and your statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or for Maricopa County, Phoenix if your address is outside of the United States, and that you will accept service of process from the person who provided notification under section 512(c)(1)(C) or an agent of such person.
  • The following statement: "I swear, under penalty of perjury, that all information contained in my counter notification is accurate and I have a good faith belief that the material identified was removed as a result of mistake and/or misidentification."
  • Your physical or electronic signature.

Please note that you may risk liability for damages if you materially misrepresent that material was removed or disabled by mistake or misidentification. Any and all counter notifications submitted to EmpowHER that substantially comply with the above will be furnished to the complaining party.

EmpowHER will terminate the accounts of and/or block access to users who are repeat infringers.


Terms of Use

Welcome to EmpowHER.com. Please explore the Site, and when you are ready, share your feedback with us. By registering, you provide us with the information we need to enable you to become an active participant on the Site and its related services (the "Services").

1. General Terms
The Site is an informational resource for you, but decisions about the best lifestyle choices and medical treatments for you should be made in consultation with your personal health care providers, whom you choose based on your own private medical needs. Set forth below are our Terms of Service; you should also review all policies on this website. Please read them carefully because we want to be sure you understand and accept them before you use or register for this Site. Please note that, as explained more fully below, we offer the Site and Services "AS IS" and without warranties.

2. About the Site
The Site contains a range of information and tools relating to health and wellness. There are articles, images, interviews, discussions and other content ("Content") that we have written, commissioned from medical writers or that have been created by our members. Some Content has been licensed from well respected sources (such as EBSCO) and other Content is created by our writers, experts in the medical community or submitted by members of the site. Content provided by our partners is, when appropriate, subject to review by their health and medical experts. Content submitted by users may be, but is not always reviewed by EmpowHER. However, EmpowHER reserves the right to edit or delete any postings that may violate our Terms of Service. Each user, including you, grants to EmpowHER the right to modify, adapt and edit any content posed by that user. The Site also provides users with free access to our online searchable calendar of health events ("Health Events"). Most of what's on the Site is viewable without registering with us, but to fully participate in our community you must be a registered member. Information on registration is provided below. You acknowledge that the Content is subject to intellectual property laws, including federal copyright law, and agree that you shall not copy, use or otherwise infringe EmpowHER's intellectual property rights in the Content.

3. Registration
To register you will need to provide basic information to us, such as your email address, zip code, areas of interest, your screen name/nickname and your choice for password. You may not use a screen name that is vulgar, offensive, threatening, attempts to impersonate another person, or violates the rights of others. We retain the right to modify your user ID. You represent that the information provided about yourself as requested in the EmpowHER account registration process is complete and accurate. You agree to update your account information including your current email address, so that you may receive notifications and other account-related communications which may include but are not limited to member communications, condition-specific newsletters, member surveys, feature updates, special announcements and/or marketing promotions.

4. Your Personal Information
Our Privacy Policy explains the information practices that apply to the personal information that we may have about you, including your options for controlling how that information is used.

5. Your Responsibilities
You are responsible for keeping your password confidential, not using your real name, keeping private all personal medical information you deem private and for promptly notifying us if your password has been hacked or stolen. You may notify us by contacting Customer Support at support@EmpowHER.com. You may use the Site and Services for lawful, non-commercial purposes only. When participating in our communities you must comply with any associated Posting Guidelines in section 10. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and Services. You may not attempt to gain unauthorized access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical actions available to prevent the violation of this provision and to enforce these Terms of Service.

6. Changes to the Services
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms of Service.

7. Additional Terms Applicable to Specific Services
Certain Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules that are updated in our Terms of Service or Privacy Policy.

As a convenience to you, some Services on the Site and/or agreements with our partners may allow you to generate a paper or electronic Personal Health Record (PHR) and to store your PHR information on our Site. A PHR is designed to allow fast and convenient disclosure of certain basic medical information to authorized medical personnel, for example in the case of an emergency where you are not able to provide the information yourself. Different PHRs provide different information and we make no warranty that any PHR-related Services on our Site will be sufficient to communicate your specific health information to medical personnel. If you use the PHR-related Services you accept responsibility for entry of inaccurate, erroneous, or unintended information into the PHR or on our Site. It is solely your responsibility to verify the accuracy of any and all information placed in your PHR. If you have questions concerning the presence or absence of a medical condition, we encourage you to consult your physician to clarify any uncertainty. You acknowledge and agree that we are not responsible or liable for the content or accuracy or maintenance of your PHR.

If you use any PHR related Services on the Site you authorize us to both store your PHR under your account on the Site, and to cause such information to be transferred to any third party partner site when and if you indicate a desire to transfer your PHR to such partner site. You may modify the information contained in your PHR or delete your PHR from your account at any time. If your account is deleted for any reason your PHR will also be automatically deleted. If you maintain a PHR at the Site you should update it periodically to keep it current and consult with your physician to make sure the information remains accurate. If you allow transfer of your PHR to one of our partners, such partner’s use of the PHR shall be governed solely by the partner’s terms of use and privacy policy and not our Terms of Use or Privacy Policy, and we will not be responsible for the use of the PHR by such partner or otherwise outside of our Site. You should not transfer your PHR to a partner site unless you have read and agree to such partner’s terms of use and privacy policy.

8. Links to Other Sites
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that you find objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

9. No Spam
You are prohibited from using the Site or Services to post or send (a) messages that are unrelated to a particular topic of discussion of a news group or message board facilitated by the Site, (b) unsolicited commercial email or post, (c) unsolicited bulk email, (d) mass email, (e) junk email or post, (f) chain letters, (g) pyramid schemes or (f) messages advertising goods or services that are addressed to a recipient with whom you do not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient (collectively, "Spam"). Other types of Internet abuse which also qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise acting in a manner that negatively affects another users' ability to engage in real-time exchanges, (ii) using "bots" or otherwise harvesting other users' email addresses from the EmpowHER site for purposes of sending unsolicited or unauthorized material, and (iii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times. In addition to any of the foregoing, electronic messages sent or caused to be sent using the Site or Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's computer system, without permission of such third party; or use or contain invalid, non- existent or otherwise false domain names. Any violations of these Terms of Service or the Spam policy in this section may result in legal action against the violator and the termination, without notice, of the violator's ID and/or any other of the violator's rights or access associated with the Site, including, but not limited to, email accounts, posts, published Content and profiles. Nothing in this policy is intended to grant any right to transmit emails or messages to or through the Site. We do not waive any rights by the failure to enforce this policy in every instance in which it might apply.

10. Content You Post or Submit
In many cases, users of the Site are allowed to post messages, information, video, images and other user Content to the Site ("Postings"), for example within community areas such as forums, diaries, blogs, profile pages, and personal stories. Postings can be accessed and viewed by others, including the public in general. You agree that you will not use the Site to post any material that is knowingly false or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, libelous, invasive of anyone's, or is otherwise in violation of any law. URLs to other forums, boards, or websites containing such information will not be allowed to be linked from our Site. Users are not permitted to impersonate any person. Please be thoughtful with your Postings, and avoid offending others or infringing their rights. You may only post Postings to public areas on the Site that you created or where you otherwise have permission to post. Certain areas of the Site may include additional posting guidelines and, if so, such guidelines are incorporated into these Terms of Service. You may have the opportunity to submit ratings of users, doctors and hospitals on the Site. It is important that you act responsibly when providing these ratings. Please give clear, honest information about the users, doctor or hospital and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments. You may also have the opportunity to rate articles and user contributed Content. Please be respectful and thoughtful with your ratings. By submitting Postings to the Site, you grant us and our affiliates the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your Postings in any medium and any manner we choose, and to use your display name to attribute your Postings to you if we so choose. We recommend that you do not use your personal information in your user name/display name to protect your identity and personal heath information. EmpowHER will have the right, in its sole and absolute discretion, to solicit, sell and place advertisements, sponsorships, and other promotional placements on the the site. You will not be entitled to any revenues realized by EmpowHER from such activities. Individuals submitting Postings certify that they own the Content being submitted, or otherwise have the right to freely redistribute the Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights. Individuals submitting Content further certify that their submissions contain no harmful or destructive Content or output (or links to same), including but not limited to any viruses, worms, and Trojan horses. We assume no liability with respect to disputes over Content ownership, copyright, or trademarks. In the event that we are notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, we will remove the material in question in a timely manner, with no obligation to notify the original submitter. If you believe that any Content included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify us pursuant to the DMCA Procedures outlined in our Copyright Policy. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Service. While some community areas are monitored for topicality, we have no obligation to prescreen Postings, and are not responsible for their Content. We encourage you to notify us of inappropriate or illegal Content by using any "Report Abuse" links included within community areas, and we reserve the right to remove Postings for any reason with or without notice to the posting user. We are not, however, responsible for any failure or delay in removing Postings. Keep in mind that the Postings of others are simply their opinions and you should not rely on them. In addition to Postings, you may submit feedback to us. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback that you provide relating to the Site or Services, and that we will own all intellectual property that we create based upon or incorporating your feedback.

11. Your Use of Content
All of the Content available on or through the Services and/or the Site is owned by us, our suppliers, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Content other than Content that you have submitted to the Site and for which you own the copyright.

12. Physician Blogs, Video and Audio and Other Similar Content on the Site

In addition to the other terms of use set forth on this Site, all blogs, articles, video content and audio content by physicians and other healthcare providers on the Site (collectively, "Physician Content") are subject to the following additional and supplemental terms and conditions. All Physician Content resources and any information contained on or provided through such Physician Content IS PROVIDED ON AN "AS IS" BASIS. THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE PHYSICIAN CONTENT IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. YOUR ACCESS TO THIS SITE IS VOLUNTARY, AND WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT YOUR SOLE RISK.

The Physician Content is for consumer informational and educational purposes only. Information conveyed through the Physician Content does not constitute medical advice, and such information should not be so construed or used. We advise our users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read or heard in Physician Content or this Site. Using, accessing and/or browsing the Physician Content and/or providing personal or medical information to a Physician Content author ("Author") does not create a physician-patient relationship between you and the Author. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in Physician Content or this Site. Information contained in Physician Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, such information may become out-of- date. The Authors undertake no obligation to update any information on the Site.

Because our Physician Content is open to the public, you must consider your comments carefully and not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to an Author in the form of user generated questions, comments or otherwise, you grant the Author and the owners of the Site the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein. We and the Author reserve the right to remove any content or comment that, in our sole judgment, does not comply with the terms and conditions of the Terms of Use or is otherwise objectionable. You grant us and the Author the right to modify, adapt, and edit any content.

Neither we nor the Authors make any representations or warranties with respect to any information offered or provided within or through the Physician Content regarding treatment of medical conditions, action, or application of medication. Under no circumstances, as a result of your use of the Physician Content or this Site, will the Physician Content Author or such Author's employer or sponsor be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author (and such Author's employer and/or sponsor) shall have absolutely no liability in connection with the Site for: (a) any loss or injury caused, in whole or in part, by the Author's actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Physician Content; (b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information.

You agree to indemnify and hold the Author (and the Author's employer and/or sponsor) harmless from any claim or demand, including attorneys' fees, made by any third party as a result of (1) any content posted or made available by you through Physician Content, (2) any violation of law that occurs by you through your use of Physician Content or this Site, and/or (3) anything you do using Physician Content, this Site and/or the information contained therein.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

13. Health Events

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Health Events, use of Health Events, or access to Health Events. EmpowHER reserves the rights at any time and from time to time to modify or discontinue, temporarily or permanently, Health Events (or any part thereof) with or without notice. You agree that EmpowHER shall not be liable to you or to any third party for any modification, suspension or discontinuance of Health Events.

14. Advertising & Promotions
We accept advertising that complies with our Advertising & Promotions Policy. Please keep in mind that any dealings that you have with advertisers or sponsors found on the Site are between you and the advertiser or sponsor and you acknowledge and agree that neither we nor our suppliers are liable for any loss or claim you may have against an advertiser.

15. Important Information About Specific Services
You should always speak to your health care provider before beginning, changing or stopping any medication or nutritional, dietary, herbal or homeopathic supplement or adopting any treatment for a health problem. You are solely responsible for any decisions or actions you take based on the information in the Conditions and Treatments area, including choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments.

16. International Use
The Site and Services, including the information provided on the Site, are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you are responsible for compliance with your local laws.

17. Disclaimer of Warranties; Limitation of Liability
WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO- DATE INFORMATION ON THE SITE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, DOCUMENTS, SUBMITTED CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES, AND YOU SHOULD NOT RELY UPON THEM. EMPOWHER PROVIDES THE SITE AND SERVICES ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND NEITHER EMPOWHER, ITS EMPLOYEES, DIRECTORS OR AGENTS WILL BE LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. EMPOWHER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR SUPPLIERS ALSO DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. NO WARRANTY NOT SET FORTH IN THESE TERMS OF SERVICE WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EMPOWHER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

18. Disclaimer of Medical Advice
THIS SITE AND THE SERVICES OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION, BUT ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Your access or use of this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.

19. Termination
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Site by you or anyone else using your password or computer. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. Your right to use the Services will end once your registration is cancelled or terminated, and any data you have stored on our Site may be unavailable or deleted.

20. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site and the Services, including but not limited to any Postings made by you or other use by you of the Site, Content or the Services that infringes or violates any rights of EmpowHER or any third parties. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

21. Breach
You hereby acknowledge that your breach of the Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Site. Your breach of the Terms of Service may also entitle us to bring an action against you for any and all other remedies available at law or in equity.

22. Jurisdiction
We operate and control our Site from our location in the State of Arizona, in the United States of America. We make no representation that any information, materials or functions included on or through our Site are appropriate for use in any other jurisdiction. If you choose to access our Site from locations other than within the State of Arizona, you do so on your own initiative and are responsible for compliance with applicable laws and regulations You agree that the Terms of Use, and the rights and obligations hereunder, shall be governed by, and construed in accordance with, the laws of the State of Arizona. You further agree that any legal action or proceeding between you and us arising out of or relating to the Terms of Use or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix, Arizona, and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and venue of such courts.

23. No Waiver; Severability
A waiver of any breach of any provision of the Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of the Terms of Use. In the event that any provision of the Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

24. DMCA Procedures
We respect the intellectual property of others, and we ask our suppliers and those posting to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us pursuant to the terms of our Copyright Policy (which is incorporated herein by reference).

25. Trademark Notices
All trademarks appearing on the Services are the property of their respective owners, including, without limitation, EmpowHER. No right, license or interest to such trademarks is granted by this Agreement.

26. HW, LLC. d/b/a EmpowHER Media is a privately held company that is funded through its investors and sale of advertising and sponsorship products to providers of women's health services and products.

27. Changes to Terms of Service
We reserve the right, at any time and without notice, to add to, change, update or modify these Terms of Service, simply by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site. If you have any questions or concerns about our policy or its implementation, you may contact us at this email address: support@EmpowHER.com.

These Terms of Service were last updated 10/10/2011


Privacy Policy

At EmpowHER, we understand that your health is a very personal matter, and we appreciate the trust you place in us to treat your information carefully and sensibly. As part of our commitment to honoring your privacy, we provide this policy ("Privacy Policy") to make you aware of the choices you have about the way your information is used and to explain how we guard your information. We hope this policy will help you make informed decisions about sharing information with us.

1. Application of our Privacy Policy
This Privacy Policy applies to the use of our website (the "Site"), as well as products and services owned and operated by us (the "Services"). Note, however, this Privacy Policy does not apply to your use of unaffiliated sites to which our Site only links. Once you enter another web site (whether through an advertisement, service, or content link), be aware that we are not responsible for the privacy practices of that site. Also, this Privacy Policy only covers information collected on our Site and does not cover any information collected by us through other means, such as direct mail, paper applications, submitted forms, etc.

Our Privacy Policy answers the following questions:
* What information do we collect about you and how do we use it?
* Will we share your personal information with third parties?
* What choices do you have about the collection and use of your personal information?
* What security measures do we take to safeguard your personal information?

2. Information Collection and Use - General
We collect personal and non-personal information to customize the content and advertising you see, fulfill your requests for products or services, and improve our services to you. There are many aspects of our site that can be enjoyed as a visitor, but you need to register in order to take full advantage of the services we provide.

Registration:
When you register for the site, we collect personal information from you such as your email address and password. Registering allows you to access health content whenever you come to our site.

Search:
When you search on our site, we store the search terms and the site(s) visited so that we can continuously improve the quality of our search results.

Cookies:
We collect anonymous information about your use of our site through cookies. The cookie does not tell us who you are. Only you can tell us that. The information collected by cookies helps us generate customized content, such as conditions and news that may be important to you, and also allows us to statistically monitor how many people are using our site and for what purposes. For contests or sweepstakes, we may use cookies in order to track your progress and the number of your entries. We do not store any identifying information in any cookies on your computer. Your browser software can be set to reject all cookies or to accept cookies only from our Site. Most browsers offer instructions on how to reset the browser to reject cookies in the "Help" section of the toolbar. If you reject our cookies, you may not be able to log in or use certain functions and conveniences of our site.

Browser Do Not Track Signals:
We do not respond to web browser “Do Not Track” signals.

3. Sharing of Information With Third Parties
EmpowHER is the owner of the information collected on this site. We know how important it is to keep the information that you have entrusted to us confidential, that's why we will not rent, sell or share any personal information about you. From time to time we may have promotions with partners where we provide a web link that allows you to have some of the personal information (for example a Personal health Record (PHR)) that you have loaded onto our Site transferred to the partner site. Any such sharing of information with a partner site will be at your option. Once your information is transferred to a partner site, its use will be governed solely by the partner’s terms of use and privacy policy and not our Terms of Use or Privacy Policy, and we will not be responsible for the use of the PHR by such partner or otherwise outside of our Site. You should not transfer your PHR to a partner site unless you have read and agree to such partner’s terms of use and privacy policy.

Advertising:
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

4. Whenever reasonably possible, we will offer you choices when we ask for personal information and tell you why we collect different types of information. You may always decline to provide personal information to us and/or refuse cookies in your browser, although some features or services may not function properly as a result. To make it easy for you to make the choices that are right for you, we provide the following controls:

Public & Private:
All stories posted are public, but private messaging is for private discussion.

Communications:
Email communication that you send to us via the email links on our site may be shared with a support representative, employee, or the expert that is most likely to be able to address your inquiry. Please do not provide personal health information in your email unless you are doing so anonymously; regardless, we will only use such information for the purposes of answering your email. From time to time, we may send you service-related emails, such as a welcome email when you register with our site. If we find your personal question valuable to community discussion, we reserve the right to anonymously post your question on the site by removing any names or personal identification, including photos and username.

If you utilize Services for the purpose of creating a PHR, the information and contents of the PHR section of your account will remain private, will not be accessible by other users of the Site, and will not be sold, shared with or given to any individual or entity for marketing purposes. Notwithstanding the foregoing, to the extent we partner with third parties who provide PHR-related services, you may have the option of sharing your PHR data with such third party partner. While we take reasonable measures to safe guard the privacy of our Site and our members we will not accept responsibility or liability for consequences resulting from inappropriate, malicious or criminal actions directed against our Site or PHR or other personal information of our members contained within the Site and our servers.

Your Story:
After you register, you can share your story. Your story should be used like a public blog or section where you can share your thoughts, experiences, frustrations and success stories. By default, your personal story will be associated with your screen name (the nickname you created at registration). If you wish to remain anonymous, you need to make sure that the details of your story do not allow someone to indirectly identify you. Remember that all information on our site is reviewed by search engines and may be made public.

5. Chat rooms and message/bulletin boards
Users of chat rooms and message/bulletin boards that may be on our site should be aware that when they voluntarily disclose personally identifiable information (e.g., name, e-mail address, user ID with first and last name, etc.) on a message/bulletin board, in a chat area, or other interactive area where personal information can be posted, the information can be collected and used by other internet users. This may result in unsolicited messages from other posters or parties. We make no representations and undertake no obligations as to the security of information you voluntarily post in chat rooms and message/bulletin boards.

6. Send-to-a-friend tools
This site may, from time to time, include a send-to-a-friend application that makes it easy for you to forward information or materials from our site to friends or family by e-mail. In order to address your e-mail message, the application will ask you to input the recipient's e-mail address and/or similar information (including your e-mail address). This information is only used by the application to address your message so that it can be properly sent. EmpowHER does not retain any of this information for any purpose.

7. Promotional elements
This site, from time to time, may support a site pop-up or promotional element that may request information. This information is public information and may be used by EmpowHER or an advertiser or sponsor. If you wish to remain anonymous, you need to make sure you don't share personal information.

8. Our commitment to children's privacy
A special note to parents: This site is not directed to children and we will not request any information from children under 13 at this site. We have developed our privacy practices as they relate to children from guidelines established by the Children's Advertising Review Unit (CARU) and in compliance with the requirements established by the Children's Online Privacy Protection Act of 1998 ("COPPA"). We also recommend that parents monitor their children's Internet activities and learn and employ software or other tools which can help their children enjoy the fun and entertainment of an on-line experience without compromising their personal safety or allowing them to use the Internet in a manner inconsistent with their parents' preferences.

Click here http://www.nielsen-netratings.com/privacy/sitecensus.htm to learn more information about how we use a third party service with cookies (flash and non-flash) and web beacons to collect and use information on this Web site.

This Privacy Policy was last updated 8/16/2012


EmpowHER Editorial Policy – October 1, 2010

MISSION

EmpowHER's mission is to improve womens' health and change their lives by providing credible health content; answers to their health questions; a community of women like themselves with whom they can share their personal health stories, and advocacy tips and tools that empower them to take charge of their own health and wellness.

WHO WE SERVE:

EmpowHER's information is geared specifically for women 18 years and older. Original content is created for an international audience with the goal of providing health and wellness content that is empowering and engaging, and a vibrant community of like-minded women who come to share their stories and support each other. EmpowHER believes in providing content that is conversational and consumable for women of all ages, backgrounds and orientations interested in advancing their health and well being. This conversation, and many times, first person perspective, is a tenant to our belief that dialog is a critical element to overall health and wellness education.

EDITORIAL BOARD

EmpowHER's Editorial Board is comprised of an experienced team of editors who isolate key subjects for deeper review and analysis. EmpowHER's Editorial Board meets once a month to ensure content meets site standards.

EmpowHER has several different types of content included in our Editorial Board review process:

  • News & HER Articles: Content written in house (by our team of health writers) or syndicated through a news provider;

  • Videos: Created in house by our content production team;

  • Sponsored Content: Educational resources created by EmpowHER sponsors;

  • Medical Encyclopedia – Supportive resources provided by EBSCO, whose Publishing Medical Review Board is comprised of physicians or medical professionals (RD, RN, etc.) with expertise in a wide range of areas, including oncology, psychiatry, neurology, pediatrics, internal medicine, orthopedics, geriatrics, cardiology, family practice, genetics, infectious disease, and health policy. They are experts in their respective fields, and have affiliations with some of the finest medical and research institutions in the world, and

  • Community Posts: User generated content (including ASK/SHARES, groups, forums, etc.,) appearing in our community is monitored, but not censored. Please see Terms of Service for further explanation. Community posts and user generated content regarding EmpowHER content will not be monitored on third party sites that may or may not be controlled by EmpowHER.

HOW CONTENT IS CHOSEN:

EmpowHER's content decisions are informed by a number of factors including medical conferences; breaking news stories such as an outbreak or a recall; developments from health organizations and associations; medical and health journals, and major health observances. We also value the contributions of women who have first-hand experience with various health conditions or who may have advocated for their own health or another person's health. Some of our content is created for a mature audience with the intent of providing as many informed perspectives as possible. This content can contain text, photos or video that some may find objectionable.

CONTENT REVIEW

As needed, EmpowHER's Editorial Board will review questionable content and discuss at monthly Editorial Board meetings. At that time, flagged content will be evaluated and a determination will be made if it meets EmpowHER's current Content Standards.

CONTENT FEATURES

All EmpowHER-produced content may be promoted, featured, moved, displayed, unpublished, or deleted at the discretion of EmpowHER.

EXPERT VETTING:

All experts undergo an initial background check.

LINKS

Sometimes we will link to content published elsewhere on the Web as a convenience to users, or to provide additional supportive information. A link to another site does not imply EmpowHER's approval or endorsement of the material on that site, and is deemed by EmpowHER to be for informational purposes only. Links may be subject to review.

ADVERTISING

We believe it is important that users are able to easily distinguish between editorial content and advertising. So all of the advertising, promotions and sponsorships for which we receive compensation are clearly labeled as such.

EXCEPTIONS

The editorial and medical review process we describe is limited to editorial content. As noted, we do not subject community content, advertisements or links to other sites to the same standards. In addition, content in our Community is only edited if that content violates our Terms of Service policy. www.empowher.com/policies See Terms of Service for further explanation.

UPDATES TO THIS POLICY

We will review this policy frequently and may revise it periodically. If we make changes to this policy, we will post the updated policy on this page. This policy's effective date will be identified at the top of the page.

DRUG DATABASE

Our goal is to make the EmpowHER network of websites as accurate as possible, and easy-to-use. For our drug database information, we rely on the credibility and reputation of the content provider from whom we license that data - EBSCO. We do not alter the drug information supplied by EBSCO in any way. However, we acknowledge that errors and omissions in drug information may occasionally occur.

Since our goal is to provide the most accurate, up-to-date drug information on the Internet, we ask our visitors to alert us immediately to any errors in content, including incorrect or misleading statements, by contacting us here. We will correct site-content errors as quickly as possible.

Disclaimer:
We provide health and wellness information, not medical advice. Every woman's health is different. It is our goal to help users understand what options are available to them with regard to their health and to provide them with the best information, which may be appropriate to discuss with a medical professional.

People's health changes over time, and individuals have unique health histories — which means their doctors and health care teams are the only ones who can provide them with specific advice about health decisions.

We will never be a substitute for a health care practitioner or medical expert. So please talk with a qualified health care practitioner or doctor before acting on any information found on EmpowHER, or any other health-related site on the Internet.


Community Policy

Authority
EmpowHER's community - Woman to Woman -- is moderated daily by paid moderators also known as guides, who are not regarded as health professionals. The selection of guides is informed by a variety of factors including but not limited to community participation and moderation experience, education or experience in the field of health, writing experience and first-hand experience with a health condition. In some circumstances, EmpowHER may contact a medical expert to offer guidance in community areas including ASKs, SHAREs, Comments and Groups.

Complementarity
The information provided on this forum is designed to support, not replace, the direct relationship between patients and health professionals.

Privacy
We remind you that any message can be read, used, reproduced and cited by all in general community areas. You do not have the option to delete your messages. However, under compelling circumstances, you can contact the moderators to do so. The information and references you provide for your posts cannot be deleted. Thus, please take care regarding the information that you post including the use of first and last name, e-mail addresses and links.

Messages
The moderators and members should conduct themselves at all times with respect and honesty.

By using our forums, you agree to post information that is true and correct to the best of your knowledge and is of your personal experience. If the information you post is not personal experience, we request you provide sources (references, links, etc..) whenever it is relevant and possible. You are not allowed to post advertisements, whether in the form of text links or banners, for example. Users are asked to provide links to back up medical claims if they are not referencing first-person accounts. The moderators reserve the right to delete any messages deemed inappropriate without notifying the author. In cases of abuse, the moderators reserve the right to ban a member of the forum. An explanation may be provided at the user's request.

Guidelines courtesy of HON