TERMS AND CONDITIONS OF USE OF ABMG.ORG

SUMMARY OF IMPORTANT LEGAL INFORMATION

The ABMG.org website (the “Site”) is produced by the American Board of Genetic Counseling (the “ABMG”). All use of the Site is subject to the Terms and Conditions set forth below. By entering and using the Site, you acknowledge that you have read and understood such Terms and Conditions and that you agree to abide by them.
 

The Site is designed for educational purposes only. ABMG does not endorse, guarantee, warrant, or recommend any products or services discussed or advertised on the Site or linked from the Site.
 

Copyright and Trademark Notices. The content of material provided by ABMG on the Site is copyrighted by ABMG or used by ABMG under license. ABMG and its licensors retain all copyrights and other proprietary rights in or relating to any content, including any software, provided on the Site. All rights are reserved and such content may not be reproduced, downloaded, modified, published, displayed, disseminated, or transferred, in any form or by any means, except with the prior written agreement of ABMG or as indicated below. You may download and print a small number of copies of the content for scientific or educational uses. You may not sell, transfer, reproduce, transmit, distribute, perform or display such content for any commercial purpose without the prior express written consent of ABMG.

Information Presented by ABMG. The information presented on behalf of ABMG on the Site is designed for informational and educational purposes only. Although ABMG endeavors to ensure the accuracy and reliability of information presented by or on behalf of ABMG on the website, it does not guarantee the accuracy, completeness, efficacy or timeliness of such information, and therefore, makes no representation or warranty regarding the same. Furthermore, ABMG does not endorse, guarantee, warrant, or recommend any products or services discussed or advertised on the Site or linked from the Site. Reliance on any information appearing on the Site that is provided by ABMG or ABMG employees is solely at your own risk.
 

Information Presented by Users and Third Parties. Any content and/or opinions uploaded or submitted by a third party, including all materials, articles, hyperlinks, documents, spreadsheets, presentations, images, individual user profiles, comments, opinions, or other dialogue, or any other content or opinions in any form (hereinafter “User-Posted Content”) and responses to questions are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of ABMG. ABMG makes no representation or warranty regarding User-Posted Content that is posted or uploaded by users of the Site or other third parties, and ABMG expressly disclaims any and all liability related thereto. By using the Site, you agree to hold ABMG harmless from any and all claims arising out of User-Posted Content. Reliance on any information appearing on the Site, whether provided by third parties at the invitation of ABMG or visitors or contributors to the website is solely at your own risk.

PRIVACY POLICY

ABMG provides the following privacy policy (the “Privacy Policy”) in order to demonstrate our firm commitment to privacy. ABMG may need to change this Privacy Policy from time to time in order to address new issues and to reflect changes on our Site. Please refer back to this Privacy Policy regularly because your use of the Site signifies that you agree to be bound by the terms and conditions of this Privacy Policy, as amended from time to time.

1. Collection of Personal Information. ABMG may ask for information about our users at the point of registration. Such information may include name, age, education level, gender, e-mail address, zip code and areas of interest. This information tells us about the types of people (e.g., providers vs. patients, members vs. nonmembers) who use the Site, allows us to verify a user’s identity and helps us tailor the Site to our audience.

    

2. Use of Personally Identifiable Information. ABMG will not sell or otherwise transfer or disclose personally identifiable information to third parties without the user's prior consent except as may be required by federal, state or local law, or by exigent circumstances. That means that ABMG will not disclose your name, e-mail address, street address or phone number without your consent. We may use your personally identifiable information to compile and display content and information that we think you might be interested in.

   
   ABMG also may use your profile information on an aggregate basis -- without personal identifiers -- to develop and display new features and content for the Site, and to provide others with aggregate information about our users and the usage patterns of the Site. ABMG also may perform statistical analyses of user behavior (on an aggregate basis) in order to measure interest in and use of the various areas of the Site.
    

3. Use of Personally Identifiable Information in the Member Directory. The ABMG Site also provide member profile data such as name, city, state, job title, and workplace to other members through the ABMG online directory. Other identifying information is not available. Users of the Site agree to use directory information for individual, personal and confidential reference purposes only and agree not to use this directory, in whole or in part, for mailing lists, solicitations, fundraising or commercial purposes.

   
   Users of the Site further understand and agree that their names and contact information may be posted on this site in a membership database for access by members only. Such users agree to hold ABMG harmless from any and all claims arising out of or relating to the publication or display of their names and/or contact information.
    

4. Retention of User Information. It is not possible for a user to delete his or her profile from our database, nor is it feasible to delete all traces of a user's activity in the system. Messages posted to bulletin boards are examples of user activities that are not feasible to delete.
    

5. Voluntary Disclosure of Personally Identifiable Information on Bulletin Boards, News Groups and Chat Rooms, and other Interactive Areas (collectively "Interactive Areas"). Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, e-mail address) on an Interactive Area of the Site, that information, along with any substantive information disclosed in the user's communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of ABMG and ABMG is not responsible for the discoverability of any user’s identity by methods beyond our control.
    

6. Cookie Technology. ABMG collects non-personal identification information through the use of “cookie” technology and/or Internet Protocol (“IP”) address tracking. Cookies are small text files a website can use to recognize repeat users and facilitate the user’s ongoing access to and use of the site. Non-personal identification information might include the browser used by the user, the type of computer, the operating systems, the Internet service providers and other similar information. The ABMG system also automatically gathers information about the areas the user visits on the Site and about the links the user may select from within the Site to other sites.

   
   ABMG cannot control the use of cookies by advertisers or third parties displaying data on the Site or whose sites a user visits or links to from the Site. Most browsers are set to accept cookies. You can set yours to refuse cookies, or to alert you when cookies are being sent.
    

7. Password Protected Areas. ABMG does not warrant or represent that the information you submit to the Site will be protected against loss, misuse, or alteration by third parties.

   
   You are responsible for taking all steps to ensure that no other person has access to your password or account. It is your sole responsibility to (1) control the dissemination and use of your password; (2) authorize, monitor, and control access to and use of your password; and (3) promptly inform ABMG of any need to deactivate your user name or password. You permit ABMG and all other persons or entities involved in the operation of the website to transmit, monitor, retrieve, store and use your information in connection with the operation of ABMG Site. ABMG does not and cannot assume any responsibility or liability for any information submitted by you to the Site or for your or third parties’ use or misuse of information transmitted or received through the Site.
    

8. Links to other sites. Users will find advertising or other content on the Site that enable linking to the sites of ABMG advertisers and other third parties. These third party sites may have their own privacy policies or no policy at all. The ABMG Privacy Policy does not apply to such other sites. ABMG has no control over and is not responsible for the content displayed on such sites, nor over the measures, if any, that are taken by such sites to protect the privacy of user information. Users should check the privacy policy of any third party site before providing personally identifiable information.
    

9. Security of Information. ABMG is committed to keeping user information secure, and uses industry standard technology in an attempt to achieve that goal.
    

10. Release of Information to Comply with Legal Requirements or Government Request. ABMG reserves the right at all times to disclose any information uploaded to or appearing on the Site to the extent necessary to comply with any applicable law, regulation, legal process, subpoena or governmental request.
     

11. Removal of Information and Termination of Usage. ABMG reserves the right, but does not assume any responsibility, to (1) remove from the Site any material posted by you which ABMG, in its sole discretion, deems inconsistent with these Terms and Conditions; and/or (2) terminate your access to all or part of the Site. However, ABMG can neither review all material prior to transmission on the website nor ensure prompt action with respect to objectionable material after it is transmitted on the Site. Accordingly, ABMG assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. ABMG reserves the right to take any action it deems necessary to protect the personal safety of users of the Site and the public, however, ABMG has no liability or responsibility to anyone for performance or nonperformance of the activities in this paragraph.
     

12. Parental Permission. ABMG does not intend that children will use the Site. Some of the information available on the Site may not be appropriate for children. USERS UNDER 18 YEARS OF AGE MUST OBTAIN PARENTAL PERMISSION TO USE THE SITE. Adults should not assist unauthorized children to access the Site. ABMG will not knowingly collect, use or disclose personally identifiable information about visitors under 18 years of age.
     

13. Contact Information. ABMG welcomes your comments and questions. All comments and questions regarding this Privacy Policy should be directed to Sharon Robinson by email at srobinson@abmg.org.
     

14. Complaint Procedures. Any suspected violations of these Terms and Conditions or misuse of the Site should be immediately reported to srobinson@abmg.org.
     

15. Liability of ABMG and its Licensors. The Site and information provided on the Site is provided on an “as is” and “as available” basis, with all faults. Neither ABMG nor any person associated with ABMG makes any warranty or representation with respect to the quality, accuracy, or availability of the Site. Specifically, but without limiting the foregoing, neither ABMG nor anyone associated with ABMG warrants or represents that the Site or the information provided on the Site will be accurate, reliable, error-free, uninterrupted; that defects will be corrected; that the Site or the servers that make them available are free from viruses or other harmful components; or that the Site will otherwise meet your needs or expectations. ABMG disclaims all warranties of any kind, express or implied, including any warranties of merchantability, fitness for a particular purpose or non-infringement. In no event will ABMG or its contractors be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the Site, including any direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions, or other inaccuracies in the Site or the content transmitted on the Site or personal injury, whether or not there is negligence by ABMG and whether or not ABMG has been advised of the possibility of any such damages.

LINKS TO OTHER SITES AND ADVERTISING ON ABMG.ORG

The Site contains links to third party websites. These links are provided solely as a convenience to users and not as a guarantee, warrantee, or recommendation by ABMG of the content on such third-party websites or as an indication of any affiliation, sponsorship or endorsement of such third party websites. ABMG is not responsible for the content of linked third-party sites and does not make any representations regarding the privacy practices of, or the content or accuracy of materials on, such third-party websites. Furthermore, ABMG is not responsible for webcasting or any other form of transmission received from any linked website. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.

THE SITE ALSO MAY CONTAIN ADVERTISEMENTS BY THIRD PARTIES. ABMG MAY RECEIVE ROYALTIES FROM SUCH ADVERTISERS. ABMG DOES NOT ENDORSE, GUARANTEE, WARRANT, OR RECOMMEND ANY PRODUCT OR SERVICE CONTAINED IN ADVERTISEMENTS.

MEMBER AND USER OBLIGATIONS

You agree to comply in all respects with these Terms and Conditions as they may be amended, updated or revised from time to time. Your failure to comply with the provisions of copyright and trademark restrictions and member obligations may expose you to civil and/or criminal liability.

USE OF INTERACTIVE AREAS

ABMG may provide interactive forums, chat rooms, news groups, bulletin boards and other interactive areas (“Interactive Areas”) on the Site. If you use any of the Interactive Areas, you are solely responsible for your own communications and the consequences of posting those communications, and you assume responsibility for such communications, including its legality, reliability, and appropriateness. By posting or otherwise displaying information on the Site, you grant to ABMG the right to display, copy, distribute and publish in any format User-Posted Content you upload or otherwise transmit to the Site. ABMG does not assume any responsibility for the truthfulness, accuracy or reliability of any material posted on any Interactive Area, or of consequences of any Interactive Area communications on or arising from use of the Site. IN CASES WHERE YOU FEEL THREATENED OR BELIEVE SOMEONE ELSE IS IN DANGER, YOU SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY IMMEDIATELY.

In consideration of being allowed to use the Interactive Areas, you agree not to engage in the following activities:

1. Using an Interactive Area for any purpose in violation of local, state, national, or international laws;
    

2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
    

3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity as determined by ABMG at its sole discretion;
    

4. Posting material that contains any virus, worm, Trojan horse or other code which may contaminate or destroy the files or programs of ABMG or its users;
    

5. Posting advertisements, solicitations of business or job postings without prior express written consent from ABMG in advance of making the posting;
    

6. After receiving a warning, continuing to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
    

7. Posting chain letters or pyramid schemes;
    

8. Impersonating another person;
    

9. Allowing any other person or entity to use your identification to post or view comments;
    

10. Posting the same note more than once (i.e., “spamming"); or
     

11. Posting messages or any other content that may restrain trade or encourage or facilitate an agreement about the following subjects: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; selection, rejection, or termination of customers or suppliers; or any other information that violates federal or state anti-trust or competition laws.
     

12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgment of ABMG, exposes ABMG or any of its users or Sponsors to any liability or detriment of any type.

ABMG reserves the right but is not obligated to record the dialogue in public chat rooms. ABMG does not screen communications in advance and is not responsible for screening or monitoring material posted by users, or any other person or entity. If notified by a user of communication(s) which are alleged not to conform to the terms of this Section, ABMG may but is not obligated to investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). ABMG reserves the right but is not obligated to remove or edit communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Conditions. In addition to the removal rights described above, ABMG reserves the right to terminate a user's access to any or all Interactive Areas at any time, without or without notice, in the exercise of its sole discretion.

ABMG reserves the right but is not obligated to monitor, edit, or disclose any posting on the Interactive Areas for lack of adherence to the Conditions, if required in the course of normal operation and maintenance of ABMG, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of ABMG or others; or (iii) protect the personal safety of our users, Sponsors, or the public. ABMG HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
 

ABMG MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES OR UNDERTAKINGS CONTRARY TO THOSE SET FORTH ABOVE.
 

MISCELLANEOUS CONDITIONS OF USE
 

Resolution and Disputes. These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Maryland, without regard to its conflicts of law principles. These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and ABMG with respect to the Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have that arises out of or relates to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of or relating to the Site shall be in the state or federal courts located in the State of Maryland. You agree and submit to the jurisdiction of such courts.
If any part of the Terms and Conditions are unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of the Terms and Conditions shall remain in full force and effect.
ABMG’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and ABMG nor any trade practices shall be deemed to modify the Terms and Conditions.