HiTOPS.org ~ Legal Statement

Legal Statement

TERMS OF USE

NOTICE: The HiTOPS Web site is provided by HiTOPS, Inc. subject to your agreement to comply with the "Terms of Use" and "Privacy Policy." Please read them both now and check occasionally for future modifications.

Introduction

HiTOPS is pleased to provide you with this site for your personal education, but nothing on this site constitutes a recommendation for medical care, nor does HiTOPS make a warranty of any kind in terms of its appropriateness for individual on-line users.

HiTOPS believes that every individual must have access to the health care information and services that can allow taking responsibility for one's health. Be smart about your health and your life. Arm yourself with good information about sexual and reproductive health maintenance. Visit HiTOPS health center or other qualified health care provider for personal medical evaluation, counseling, and services.

1. Copyright, Copying, and Trademark

The entire HiTOPS Web site is copyrighted, 2003,2007 by HiTOPS, Inc. Certain articles or materials within the Web site are also separately copyrighted by HiTOPS as indicated. All rights reserved. If you find these materials useful, you may download, print out, or send a copy to others so long as each copy indicates the appropriate copyright notice and is used only for personal use. It is expressly prohibited, however, to reprint or electronically reproduce any text, document, graphic, or audio or visual material for bulk or commercial use. For special copyright permissions, or to purchase HiTOPS publications and pamphlets, please write to: HiTOPS, 21 Wiggins Street, Princeton, NJ 08540, or email hitops@hitops.org.

2. Information Obtained Through the HITOPS Web Site Does Not Constitute Medical, Legal, or Other Professional Advice

The information contained in the HiTOPS web site or transmitted to you electronically in response to a message from you is not intended nor implied to constitute medical advice, diagnosis, or treatment. Always visit or speak to a qualified health service provider in person prior to starting any new treatment or with any questions you may have regarding a medical condition. This HiTOPS web site does not directly or indirectly practice medicine or dispense medical advice as part of this service. In addition, nothing contained in this HiTOPS web site is intended to be or constitutes legal advice, and users should always seek the advice of an appropriate attorney or other professional regarding individual questions or concerns of a legal or professional nature.

3. Disclaimer of Warranty and Liability

HiTOPS assumes no liability for any diagnosis, treatment, decision made, or action taken in reliance upon information contained in the HiTOPS web site or any other internet sites linked to it in any way. HiTOPS does not assume any responsibility or risk for your use of the HiTOPS web site or the internet.

Furthermore, HiTOPS does not make any express or implied warranties, representations, or endorsements whatsoever in connection with the HiTOPS web site, other Web sites accessed by "hyperlink," or the Internet generally (including without limitation, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose). You understand that, except for information, products, or services clearly identified as being supplied by HiTOPS, HiTOPS does not review, operate, or control any material, information, products or services on the Internet, including electronic transmissions from users or materials connected to the HiTOPS web site through "hyperlinks," in any way.

In no event shall HiTOPS be liable for any injury, loss, claim, damage, or any incidental or consequential damages arising either directly or indirectly out of or in any way connected with the HiTOPS web site, or any failure or delay in updating or including any materials on the HiTOPS web site, or any use of or inability to use any materials on the HiTOPS web site, even if HiTOPS has been advised of the possibility of such damages. (Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you.)

4. Waiver of Responsibility for Defective or Contaminated Materials

Although HiTOPS makes every effort to ensure the correctness of data, HiTOPS disclaims responsibility for any errors or omissions, such as unintended technical inaccuracies or typographical errors, in the materials. You also understand that HiTOPS cannot and does not guarantee or warrant that files available for downloading through the service will be free of "infection" or "viruses," "worms," "Trojan horses," or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the HiTOPS web site for the reconstruction of any lost data. Use of the HiTOPS web site and the Internet generally is at the user’s own risk.

5. Links Disclaimer

This site contains links to sites that contain HIV prevention messages that may not be appropriate for all audiences. Since HIV infection is spread primarily through sexual practices or by sharing needles, prevention messages and programs may address these topics. If you are not seeking such information or may be offended by such material, please exit this website.

6. Legal Actions

These terms and conditions shall be governed by and construed in accordance with the laws of the state of New Jersey, U.S.A, and you agree to submit to the personal jurisdiction of the courts of the state of New Jersey. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this web site, or the use of this web site, must be filed within one year after such claim or cause of action arose and must be filed in a court in New Jersey, U.S.A.

7. User Rules

In order to maintain an informative and valuable service that meets the needs of the viewers and avoids harm to others, it is necessary to establish and for you to follow these User Rules:

a. The user may download, print, or transmit information from the HiTOPS web site for personal, private use. However, the user must make sure that proper copyright notice is affixed to each copy transmitted or printed and in no case may the materials be reproduced in bulk or for commercial use without express, written permission from HiTOPS, 21 Wiggins Street, Princeton, NJ 08540.

b. Users may not post or transmit any message that is libelous or defamatory, or violates any other person’s copyrights, privacy rights, trademarks, trade secrets, or rights in other confidential information. The User indemnifies HiTOPS for any and all damages suffered by third parties as a result of the User’s violation of this term.

c. Users may not post or transmit any message, data, image, or program with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety.

d. It is not the intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, HiTOPS reserves the right to take such action as it deems appropriate in cases where the HiTOPS web site is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.

e. Users may not interfere with other users’ use of the HiTOPS web site, including, without limitation, disrupting the normal flow or use of the service.

f. Users may not post or transmit any file which contains "viruses," "worms," "Trojan horse" or any other contaminating or destructive features.

g. It is our general policy to protect the privacy of the persons transmitting any messages to HiTOPS. However, HiTOPS reserves the right to reproduce and distribute part or all of a message without any compensation to the User so long as any identifying information is deleted.