Terms of Use

Effective date: November 15th,  2016 Thank you for visiting the Women Health Care Executives of Northern California (“WHCE”) website, www.whcesfbay.org, owned and operated by WHCE (the “Site”). You should not access this Site or use our services until you have carefully read and agreed to these terms and conditions (the “Terms of Use”). “User,” “Users,” “you,” or “your” refer to all persons who access or use the Site. “Us,” “we,” or “our” refers to WHCE.

WHCE is an organization composed of professional women, from all health care fields, who come together to learn, support, inspire and encourage one another throughout their careers. WHCE provides the Site to further this purpose by, among other things, enabling individuals to register for WHCE membership accounts (the “Membership Accounts”) and re-register to maintain their Membership Accounts, view and register for scheduled events hosted by WHCE, learn about job opportunities in health care fields, apply for scholarships, and view publications written by or promoted by WHCE’s membership (collectively, the “Services”).

The Terms of Use govern the permitted and prohibited access to and uses of the Site and Services and the respective rights of WHCE and the Users with regard to the Site and Services. WHCE provides you with access to and use of the Site and Services subject to your compliance with the Terms of Use. The provisions contained herein supersede all previous notices or statements regarding our Terms of Use. By using this Site and Services, you and other users of the Site and Services agree to the Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Site or the Services. We may modify the Terms of Use from time to time without notice to you. You should check the Terms of Use periodically for modifications thereto. We include the effective date of our Terms of Use at the top of the statement. We encourage you to check our Site frequently to see the current Terms of Use in effect and any changes that may have been made to them. By visiting the Site following any modifications to the Terms of Use, you agree to be bound by such modifications. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except for as specifically allowed in the Site.

1. User Age and Access. By submitting information through this Site you represent that you are a United States of America resident over the age of 18.

2. License. The Site, including all of its contents, such as text, images and the HTML used to generate the pages (“Materials”), is our property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site in whole or in part, for any public or commercial purpose, without the specific written permission of WHCE. We grant you a personal, non-exclusive, non-transferable license to access our Site and to use the information contained here. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the terms of the Terms of Use.

3. Rules and Limits on and Modifications to the Site. We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site and Services or restrict your access to part, or all, of the Site and Services without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

a. Specific Prohibited Uses. The Site and Services may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. WHCE specifically prohibits any use of the Site and Services, and requires all Users to agree not to use the Site and Services, for any of the following:

i. Posting any information that is incomplete, false, inaccurate or not your own;

ii. Impersonating another person;

iii. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or that fails to comply with accepted Internet protocol;

iv. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

v. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;

vi. Posting material that infringes on any other intellectual property, privacy or publicity right of another;

vii. Transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of United States export control laws; and

viii. Attempting to interfere in any way with the Site’s or WHCE’s networks or network security, or attempting to use the Site to gain unauthorized access to any other computer system.

b. Security Rules. Violations of system or network security may result in civil or criminal liability. WHCE will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the User or Users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

i. Accessing data not intended for such User or logging into a server or account that User is not authorized to access;

ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

iii. Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mailbombing,” or “crashing,” or sending unsolicited e-mail, including promotions and/or advertising of products or services; or

iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

4. Privacy Policy; User Information. In the course of your use of the Site, you may be asked to provide certain information to us. WHCE’s use of any information you provide via the Site shall be governed by our Privacy Policy available here http://whcesfbay.org/privacy.php which is incorporated herein by this reference. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

5. International Use. We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

6. Proprietary Rights. As between you and WHCE, (or other company whose marks appear on the Site), WHCE (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, lend, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by WHCE. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any consumer of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law. Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of WHCE or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally. WHCE’s logos and service names are trademarks of WHCE (the “WHCE Marks”). Without WHCE’s prior permission, you agree not to display or use WHCE Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any WHCE Mark without the prior written consent of WHCE.

7. Links from and to the Site. You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by WHCE in any way and WHCE is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply WHCE’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall WHCE be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or Webmaster. WHCE reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users. Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to WHCE at the address in Section 22 below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.

8. Event Cancellation and Refunds. We reserve the right to establish and modify policies related to the cancellation of our events and the refunding of registrations paid for our events. The current Event Cancellation and Refund Policy is available here http://whcesfbay.org/Cancellation_Policy and is incorporated herein by this reference. We urge you to read our Event Cancellation and Refund Policy.

9. Indemnity. You agree to defend, indemnify and hold WHCE, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use or misuse of the Site or Services, your violation of the Terms of Use or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

10. DISCLAIMER OF WARRANTIES REGARDING SITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT: a. THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, AND MATERIALS, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHCE DOES NOT WARRANT THAT THE SITE OR SERVICES, OR THE FUNCTIONALITY, CONTENT OR MATERIALS MADE AVAILABLE THEREBY, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WHCE MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE OPERATION OF THE SITE OR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR SERVICES. b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. c. WHCE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. WHCE IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF WHCE.

11. LIMITATION OF LIABILITY. IN NO EVENT SHALL WHCE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WHCE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF WHCE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, $100.00.

12. Severability; No Waiver. If any provision of the Terms of Use is held to be contrary to law, such provision shall be deemed valid only to the extent permitted by law, and all other provisions shall continue in full force and effect. WHCE’s failure to require performance of any provision shall not affect its right to require performance at any time thereafter, nor shall WHCE’s waiver of any breach or default of the Terms of Use constitute a waiver of any subsequent breach or default.

13. Governing Law. The Terms of Use are enforceable pursuant to and in accordance with the laws of the State of California. Any dispute arising out of the Terms of Use shall be decided by a court of competent jurisdiction in San Francisco County, California.

14. Successors and Assigns; No Assignment. The Terms of Use shall be binding upon, and shall inure to the benefit of, WHCE and the Users and their respective heirs, legal representatives, successors and assigns. Notwithstanding the foregoing, Users may not assign any of their rights or delegate any of their duties under the Terms of Use without receiving the prior written consent of WHCE, which may be withheld at WHCE’s sole and absolute discretion.

15. Headings. The subject headings of the sections of the Terms of Use are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.

16. ARBITRATION. Except as prohibited by law, any dispute between WHCE and a User (or between WHCE or a User, on the one hand, and any officer, director, employee or affiliate of WHCE or a User, on the other hand) shall be resolved through binding arbitration in San Francisco County, California under the Federal Arbitration Act. Nothing in this arbitration provision is intended to prevent WHCE or a User from filing charges with state or federal agencies. By using the Site and Services, you agree that such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and you waive right to bring class-wide, collective or representative claims before any arbitrator or in any forum. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES YOU ARE WAIVING ANY RIGHT THAT YOU MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of WHCE or a User’s right to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration.

17. Consent to Processing. By providing any personal information to the Site, all Users, including without limitation Users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. Any inquiries concerning the Terms of Use should be directed to WHCE at the address below.

18. Entire Agreement. The Terms of Use constitutes the entire agreement between you and WHCE relating to and governing your use of the Site and Services, superseding any prior agreements between you and WHCE.

19. Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between WHCE and you as a result of the Terms of Use or your use of the Site or Services.

20. Time to Bring Claims. Any claim or cause of action you may have with respect to WHCE or the Site or Services must be commenced within one (1) year after the claim or cause of action arose.

21. Notices. Notices to Users may be made via either email or regular mail. The Site may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to Users on the Site. 22. Contacting WHCE. To contact us with any questions or concerns in connection with the Terms of Use or the Site or Services, or to provide any notice under the Terms of Use to WHCE, please email info@whcesfbay.org or call 510 698 2437.