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.
DMCA Designated Agent
3104 E. Camelback Rd
Phoenix, AZ 85016
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.
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.
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.
For our Arbitration Agreement and Waiver of Class Action, see line 28 below.
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.
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
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
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.
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.For more information on our Spam Policy, click here.
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
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.
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.
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.
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.
23. No Waiver; Severability
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. HER Inc., a Delaware corporation, dba EmpowHER 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.
28. Arbitration Agreement and Waiver of Class Action.
a) Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and
b) Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse.
You may begin an arbitration proceeding by following the American Arbitration Association’s (AAA’s) filing requirements and mailing a request for arbitration and description of your claim to our registered agent, Capitol Services, Inc., 1675 South State Street, Suite B, Dover, Delaware 19901. The AAA’s Rules of Commercial Arbitration will apply (available at www.adr.org or by calling 1-800-778-7879). The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. Notwithstanding any of the foregoing, THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS’ FEES TO THE PREVAILING PARTY.
You may opt out of this agreement to arbitrate by providing written notice of your intention to do so to EmpowHER within 60 days of the earlier of your first use of the Site or Services or your registration with the Site or Services.
These Terms of Service were last updated 10/10/2011
Last Modified: May 23, 2018
* 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?
3. Children Under the Age of 13 - Our Commitment to Children's Privacy
A special note to parents: The Site and Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. 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. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
4. Information We Collect and How We Use It
We may collect from you, or you may provide to us, both personal and non-personal information, which we may use to (i) provide you with the Site and Services and their contents, and any other information, products or services that you request from us, (ii) customize the content and advertising you see through the Site or Services, (iii) improve the services we provide to you, (iv) give you notices about your account and when updates are available and (v) carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
We have designed certain portions of the Site and Services so that you can view them as a visitor without providing EmpowHER with any Personal Information or creating an EmpowHER account. However, certain portions of and activities on the Site and Services may require you to create an EmpowHER account and become a registered user, including contributing to or commenting on discussion boards and forums, asking or answering health-related questions, sharing health-related information, tips or stories, creating a user profile, or sharing content from the Site or Services via email, SMS or MMS.
We collect information from and about users of our Site and Services: (i) directly from you when you provide it to us; and (ii) automatically when you use the Site or Services.
Information You Provide to Us
When you create an account on the Site or Services, we may ask you to provide personally identifiable information, including a username, email address, birthday, ZIP code, Age, City, State, Country, personal interests, gender, photographs and any other information we might collect that is defined as personal or personally identifiable information under applicable law (collectively, "Personal Information"). This information also may include (i) information you provide by filling out forms on the Site and Service when you register, enter contests and promotions, or report a problem with the Site or Services, (ii) records and copies of correspondence (including SMS, MMS and email messages and phone numbers), if you contact us, (iii) your responses to surveys, (iv) details on transactions you carry out through the Site or Services, or (v) your search queries on the Site or Services. You also may publish or display information on public areas of the Site, Services or related websites ("User Contributions"). As discussed further below, your User Contributions are posted and transmitted to others at your own risk, and we cannot control the actions of third parties with whom you share your User Contributions nor guarantee your User Contributions will not be viewed by unauthorized persons.
Information Collected Automatically and Tracking
We may collect certain aggregate and non-personally identifiable information in the normal course of operating the Site and Services that does not reveal the specific identity of any individual or relate to a single identifiable user.
When you download, access or use the Site or Services, we may automatically collect: (i) device information including your IP address, operating system, hardware ID, mobile network information, and browser type and language, (ii) usage details including access times, traffic data, location data, communication data, resources accessed through the Site and Services and referring website addresses, (iii) stored information including meta data and other information stored on your device, and (iv) location information including real-time information about the location of your device. We also may collect information about your activities over time and across third-party websites, apps or other online services (behavioral tracking). For information related to opting out of certain types of tracking see "Advertising" below. If you do not want us to collect this information, please edit your "Profile Information" to review your information collection options.
We may use information we collect about your location to provide you with more relevant advertising or direct you to nearby experts and service providers that may be able to answer your health-related questions or assist with your health-related needs. However, you must opt-in for us to use your location.
Information Collection Technologies
To learn more about how we use a third party service with cookies (flash and non-flash) and web beacons to collect and use information on the Site and Services, visit http://www.nielsen-netratings.com/privacy/sitecensus.htm.
Browser Do Not Track Signals
"Do Not Track" signals are signals sent through a browser informing us that you do not want to be tracked. We do not respond to web browser "Do Not Track" signals.
5. Sharing of Information With Third Parties
We may disclose aggregated information about our users. Also, we may disclose your Personal Information to: (i) our subsidiaries and affiliates; (ii) contractors, service providers and other third parties we use to support our business and who are contractually bound to keep your Personal Information confidential and only use it for purposes for which we disclose it to them; (iii) to a buyer or other successor to all or substantially all of our assets, or to the assets of any division related hereto, through merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer; (iv) to comply with any court order, law or legal process; (v) to enforce our rights arising from any contracts entered into between you and us; or (vi) if we believe disclosure is necessary or appropriate to protect our rights, property, or safety, or those of our customers or others.
Ads on the Site and Services may come from EmpowHER or its affiliates or by an EmpowHER web advertising partner or advertising network. These third-party advertising companies serve ads when you visit our Site and Services and may collect and use aggregate and non-personally identifiable information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
The Network Advertising Initiative (NAI), a self-regulatory organization consisting of online advertising networks, provides an opt-out tool that allows you to opt out of the data collection and targeted ad programs of NAI members. If you would like more information about this practice and your choices about not having this information used by these companies, click here. Furthermore, PrivacyChoice provides an opt-out tool that allows individuals to opt out of tracking by third parties (in addition to NAI members) who may place cookies on your computer. To access more information and these opt out tools, please visit http://www.privacychoice.org/choose.
7. Choices About Your Information
To make it easy for you to make the choices that are right for you, we also provide the following information:
Public & Private:
All stories posted on the Site and Services and other User Contributions are public, but private messaging is for private discussion.
Email communication that you send to us via the email links on our Site or Services 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 e-mail when you register with our Site or Services. If we find your personal question valuable to community discussion, we reserve the right to anonymously post your question on the Site or Services by removing any names or personal identification, including photos and username.
Your Story; Your Health Questions; Chat Rooms and Message Boards:
After you register, you can make User Contributions, which includes the ability to share your personal health story, ask health-related questions and use chat rooms and message boards. Your personal health story should be used like a public blog or section where you can share your thoughts, experiences, frustrations, health-related tips and success stories. By default, your personal health story, health-related questions, chat room and message board posts and other User Contributions will be associated with your username (i.e. the nickname you created at registration). If you wish to remain anonymous, you need to make sure that the details of your personal health story, health-related questions, chat room and message board posts or other User Contributions do not allow someone to indirectly identify you. You may also remain anonymous by leaving the author field blank when sharing your story, asking your health-related question, posting to a chat room or message board or making other User Contributions.
Remember that all information visible on our Site is visible to and may be reviewed by search engines and may be made public. Thus, you should be aware that any Personal Information you disclose in these interactive areas may be collected and used by other internet users. We make no representations and undertake no obligations as to the security of information you disclose in these interactive areas. You disclose such information at your own risk.
The Site or Services may, from time to time, include a send-to-a-friend or similar application that makes it easy for you to forward information or materials from our Site or Services to friends or family by email. In order to address your email message, the application will ask you to input the recipient's email address and/or similar information (including your email 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.
The Site or Services, from time to time, may support a 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. Data Security
We implement measures designed to protect your personal information from accidental loss or unauthorized access, use, alteration or disclosure. However, the safety and security of your information also depends on you. We urge you to protect your user information and password and to be careful about giving out information in public areas of the Site or Services, which may be viewed by other users of the Site or Services.
Unfortunately, transmitting information via the internet and mobile platforms is not completely secure. We cannot guarantee the security of your Personal Information when transmitted through our Site or Services. Any transmission of personal information is at your own risk, and we are not responsible for circumvention of any privacy settings or security measures we provide or any consequences resulting from inappropriate, malicious or criminal actions directed against our Site, Services or servers or the Personal Information of our users.
9. Information for Persons Outside the United States of America
EmpowerHer is the data controller of the personal information you provide directly to us through our Site or the Services. You may contact EmpowerHer at email@example.com. If you originally provided your personal information to a third party who is using EmpowerHer’s Services as the data controller and/or data processor of your personal information, then EmpowerHer is acting as a data processor or sub-processor, and you should then contact such third party company or organization with your inquiries about your personal information.
Legal Basis for Processing (EEA only)
If you are an individual from the European Economic Area (“EEA”), our legal basis for collecting and using your personal information will depend on the information concerned and the specific context in which we collect and use it. We process personal information in various ways depending upon the use of the Site and the Services. We process personal information on the following legal bases: (1) with your consent; (2) as necessary to perform a contract when we are requested to provide services or products, including the Services; and (3) as necessary for our legitimate interests in improving our Site enhancing our Services and products and providing you with marketing materials and other information. We may also obtain personal information where we need to provide Services to a healthcare professional or a business entity under an agreement with such professional or entity, in which case we may be acting as a data processor or sub-processor.
Your Rights under the EU Privacy Law
If you are an individual in a European Union member state or in an EEA country, you generally have the following rights:
Right to Lodge a Complaint
You have the right to lodge a complaint about our data collection and processing actions with respect to the personal information we collect directly from you through the Site with the data protection authority in the jurisdiction where you reside.
Right to Deletion
You have the right to request that personal information we obtained directly from you through the Site be deleted or erased. If deletion of your personal information should not be possible for technical or legal reasons, we may block the respective data instead. To request deletion or blocking of personal information, or revoke previously granted consent, please contact us at privacy@empowerHer.com.
Right to Data Portability
You have the right to request that the personal information you have provided directly to us through the Site, which we process by automated means, be provided to you or another controller in a structured, commonly used and machine-readable format.
EmpowHER Editorial Policy – December 28, 2016
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.
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 or created by our team of health writers on behalf of 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. Anyone is welcome to contribute to our community. Prior to publication, community posts are monitored by our moderator team for spam, unauthorized advertising of any sort, threats, and harmful or dangerous content. If user generated content does not abide to our community guidelines, moderators hold the right to remove that content from 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.
Each piece of content published on EmpowHER is reviewed by our Editorial Board. Our copy editor reviews for style, spelling, grammar and sentence structure. Our clinical editor reviews for clinical accuracy and fact checks. Our content and community manager oversees all content production and determines what information will be published on EmpowHER.
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. Our Editorial Board also continually reviews facts, studies and data mentioned in content to ensure it is up-to-date.
All EmpowHER-produced content may be promoted, featured, moved, displayed, unpublished, or deleted at the discretion of EmpowHER.
All experts undergo an initial background check.
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.
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. Our editorial content is not influenced by our advertisers, unless it is a paid campaign, and in that case we would label it as sponsored content. In-feed ads are designed to provide additional content-related information and resources. Their placement is determined by the algorithms of our advertising partners, but has no influence on the editorial content it surrounds.
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.
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.
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.
- Promotion of outside, non-affiliated websites used specifically for self promotion or sales that do not reflect EmpowHER’s mission to help women lead healthier lives;
- Promotional shopping links;
- Unauthorized advertising of any sort;
Users may only share links to other sites if the information is factual, relevant or used as a reference to support the written content.
Do not post duplicate content, including questions, health stories and comments, this is viewed as spam in the community. Content should not be posted for solely promotional purposes and must add value to EmpowHER's community.
Our team of moderators use commercially reasonable efforts to review and read each piece of content within the community. If EmpowHER believes in good faith that a user is in violation of our spam policy, EmpowHER reserves the right to delete posts, user accounts and block users from EmpowHER.
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.
The information provided on this forum is designed to support, not replace, the direct relationship between patients and health professionals.
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.
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