Last Updated: May 29, 2018

  1. Privacy Policy
  2. Terms and Conditions of Use

PRIVACY POLICY

The Organization of Teratology Information Specialists (“OTIS” or “we” or “our” or “us”) respects your, the user (“you” or “your”), privacy and is committed to protecting it at all times. This online privacy policy (“Privacy Policy”) explains how OTIS collects, uses and safeguards information on its various websites and applications that link to this Privacy Policy (the “Sites”), how we use the information we collect, and the choices we offer regarding your ability to access and update your information. We collect information about our users in three ways: directly from the user, from our Web server logs and through cookies and other similar technologies described in this Privacy Policy. We use the information primarily to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you or that you have requested. We don’t share any of the information you provide with others, except as set forth in this Privacy Policy, or when we believe in good faith that the law requires it. Please note that OTIS is located and managed from the United States and that the information you provide to us will be stored in the United States. You should carefully review this Privacy Policy as it discusses how we collect, use, and share your information. By accessing our Sites and using our services, you agree to the terms of this Privacy Policy and to be bound by our Terms of Use, which are incorporated into this Privacy Policy by this reference. If you do not agree to the Terms of Use and this Privacy Policy, you should end this session now and refrain from using our Sites and services now and in the future.

Changes to the Privacy Policy

As our organization, membership and benefits change from time to time, we expect this Privacy Policy to change as well. We reserve the right to amend this Privacy Policy at any time, for any reason, and will signal a change by revising the “Last Updated” date at the top of this page and by providing you notice which may include by email, pop-up notifications on our Sites, and other means. Where required by applicable law, we will not reduce your rights under this Privacy Policy without your explicit consent. We will also keep prior versions of this Privacy Policy for your review upon request. Please make any such request to contactus@mothertobaby.org.

Our contact information

If you have any questions about this Privacy Policy or our information collection, use, or sharing practices, please contact us at:
The Organization of Teratology Information Specialists
5034A Thoroughbred Lane
Brentwood, TN 37064
contactus@mothertobaby.org

What information we collect and how we use it

Information we collect — When you browse our site, for example, and do not interact with the website for any online service or product from OTIS, you browse anonymously. Information that identifies you personally–such as your name, address, phone number and email address–is not collected as you browse.

When you create an account to become a registered user on our site, or choose to interact with us in other ways, such as subscribing to OTIS publications, purchasing an OTIS product, applying for OTIS membership, participating in online surveys, submitting questions or comments or requesting information or materials, we will collect certain personal information from you that you submit to us as described below. The type will vary but may include name, address, phone number, birth date, billing and delivery information, email address, credit card information, user name, password, and other demographic information. We use such information we collect from you for our business purposes to provide you with a further personalized experience on our Sites and to provide you with services and as described below. We do not collect Social Security numbers via any OTIS Site or service. In addition, we do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual history, sexual orientation, political opinions, trade union membership, information about your health and genetic biometric data), nor we do collect any information about any criminal convictions or offenses. The way you use the site or the product or service that you request will ultimately determine the personal information we collect.

How we use personal information — Once collected, we may use your personal information for the following purposes:

  • Register you for programs and services you have requested
  • Process, fulfill and follow up on your orders or membership application
  • Provide access to journal content
  • Answer your emails or on-line requests
  • Send information you request
  • Send and process surveys
  • Ensure OTIS site is relevant to your needs
  • Deliver OTIS services such as newsletters, meetings or events
  • Recommend content that suits you
  • Alert you when fresh content is posted or released
  • Notify you about new products/services, special offers, upgrades and other related information from OTIS and approved third parties
  • To comply with all applicable legal requirements

We will ask for your consent before using information for a purpose other than those set out in this Privacy Policy.

How you can access and change your information

If you are a registered user of an OTIS website, subscriber to OTIS publications, purchaser of OTIS products or an OTIS member, you may review and update or correct your information online or by contacting the Executive Office at contactus@mothertobaby.org and as set forth below.

You can also manage your account, limit alerts or opt-out of some or all future communications. All e-mail communications contain an “unsubscribe” option in case you want to discontinue the communication at any time. Contact us via the email included above under “Our contact information” at any time to:

  • See what data we have collected about you, if any; where we are required by applicable law, you may receive a copy of the personal information we maintain about you (provided that we have successfully verified your identity to ensure that we maintain privacy of our users);
  • Change/correct any data we have about you (provided that we have successfully verified your identity);
  • Ask us to delete any data we have about you unless we have to keep the information for legitimate business purposes or legal purposes (provided that we have successfully verified your identity);
  • Where required by applicable law, ask us to stop using your information or sharing your information with third parties for a specific purpose (provided that we have successfully verified your identity); and/or
  • Opt out of some or all future communications from us.

We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you direct us to delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems. Please note that if you ask us to delete or stop using your personal information, it may prevent or restrict our ability to provide you certain services, including canceling services you have previously requested. We will attempt to notify you if we are unable to provide you any services because of your changed information preferences. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests.

You will not have to pay a fee to access your personal information or to exercise any of your other rights regarding your personal information. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Your California privacy rights — Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information. California residents may opt-out of our disclosing personal information about them to third parties for their marketing purposes. If you do not want us to disclose information to other companies for their marketing purposes, please contact us by email at contactus@mothertobaby.org.

How to opt out of email — To opt out of future emails and newsletters, email contactus@mothertobaby.org or click the “unsubscribe” link at the bottom of any email or other content sent from/by OTIS and we will honor your request.

With whom we may share information — With your consent (when required by applicable law), OTIS may share personal information (except your email address) with our business partners in order to provide them an opportunity to offer products or services that may be of interest to you. OTIS also occasionally hires other companies to provide limited services on our behalf including, but not limited to, processing credit card transactions, packaging, mailing and delivering purchases, answering customer questions about products or services, consulting services, data modeling, printing, sending postal mail and processing membership and event registration. We will only provide those companies the information they need to deliver the service to us. They are contractually prohibited from using that information for any other purpose and are required to comply with our Privacy Policy and other appropriate confidentiality and security measures. When we hire vendors to deliver emails to you on our behalf, they are under contractual agreement to comply with this Privacy Policy and are limited from using your email address and other personal information for any other purpose other than to provide emails to you. Except as described in this section, third parties may not collect personally identifiable information about your online activities over time or across different websites when you use our websites.

OTIS, in accordance with applicable law, may disclose your personal information to a third party if (1) reasonably necessary to perform a service or deliver a product or publication; (2) you have provided consent; (3) permitted under this Privacy Policy; (4) required by statute or regulation; or (5) in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on OTIS; (b) protect and defend the rights or property of OTIS; (c) protect the personal safety of OTIS personnel or members of the public in urgent circumstances; or (d) enforce OTIS’s Privacy Policy or Terms of Use.

We may share non-personally identifiable information publicly and with our partners – like advertisers or connected websites. For example, we may share information publicly to show trends about our products and services.

If we are involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

Tracking activity on our Site and emails — We track how our site is used by both anonymous visitors and registered users who interact with a Site. One way we track is by using “cookies.” A cookie is a small file or string of text on the website user’s computer that is used to aid Web navigation. Two types of cookies are commonly used. A session cookie is created by a website when that website is accessed; that type of cookie is automatically deleted by closing the Web browser. A persistent cookie is a cookie that is stored on the hard drive of the user’s computer for a period of time chosen by the website that set the cookie, usually for a number of years, unless the user deletes it manually. This Privacy Policy distinguishes between short-lived cookies and long-lasting cookies. Short-lived cookies include all session cookies and those persistent cookies that are set to be stored for no more than one week. OTIS-related websites may at times require users to accept short-lived cookies in order for the websites to function properly. Long-lasting cookies may be used on a Site to track visitor practices to help determine which Site features and services are most important and guide editorial direction. Other long-lasting cookies may make it possible for the user to access the site without requiring entry of a user name or password, allow the user to view different restricted areas of the site without re-registering, allow the user to personalize the Site for future use and provide other features and benefits. Users who do not desire the functionality created by the long-lasting cookie can disable the long-lasting cookie function, either by indicating when asked that they do not wish to have a long-lasting cookie created or by disabling the long-lasting cookie function on their Web browser. Individuals can opt out of long-lasting cookie functions at any time.

Cookies are required for some sections of the website. Cookies are essential for site administration and security. Another way we track Site activity is by using transparent electronic images called “clear GIFs,” “Web bugs,” or “Web beacons” on Web pages. These images count the number of users who visit that page from specific banner ads outside our Sites or through email links. A similar image, sometimes called a “spotlight tag,” is used on Web pages where transactions take place. The spotlight tag collects numeric information, such as the dollar amount of an online purchase, to help us understand usage of the Sites. We do not use any of these electronic images to collect personally identifiable information. This data is only used in the aggregate. We may share statistical data so that our partners also understand how often people use areas of our websites and applications, and services, so that they, too, may provide you with an optimal user experience and overall quality of service.

Email messages we send to you may contain “clear GIFs” or “Web beacons” to measure the offer’s effectiveness so we know how to serve you better. We do not collect information that identifies you personally through “clear GIFs” or “Web beacons.” You may refuse or remove the placement of these and other cookies by selecting the appropriate settings on your web browser.

Third party tracking on our websites – Third parties do not track or collect any personal information on individual visitors at our Sites, except as set out in this Privacy Policy. Ad networks and data analytics firms track and analyze traffic on our Sites, in part, to determine advertising effectiveness, browser types and usage trends, and to present targeted ads based on anonymous information collected through tracking. This anonymous aggregate data on visitors and their use of our content provides business intelligence to better serve visitors, improve our content and track trends or contribute to improving health outcomes. If you open an ad, you leave our Sites and become subject to the terms and practices of that separate website, which may have different rules about tracking and data usage. Activation of cookie blocking or Do Not Track settings in your browser, or other mechanisms that block cookies or other tracking technologies, will not affect the collection or use of personal information as outlined elsewhere in this Privacy Policy. As of now the Sites do not respond to Do Not Track signals.

Children under 13 — We do not knowingly solicit data online from or market online to children under the age of 13 (or, for data subjects located within a Member State of the European Union, visitors under the age of 16) (a “Child”). If a Child has provided us with personally identifiable information, a parent or guardian of that Child may contact us to have the information deleted from our records. If you believe that we might have any information from a Child, please contact us at contactus@mothertobaby.org. If we learn that we have inadvertently collected the personal information of a Child, we will take steps to delete the Child’s information as soon as possible.

Retention and deletion of your information — Personally identifiable information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. We will retain your personally identifiable information as follows: your name, address, phone number, birth date, billing and delivery information, email address, user name, password, and other demographic information will be retained for a minimum period of 1 day following creation of a user profile and for a maximum period of 75 years following a user profile being created. In some cases, it is not possible for us to specify in advance the periods for which your personally identifiable information will be retained. In such cases, we will determine the period of retention based on the following criteria: the period of retention of your name, address, phone number, birth date, billing and delivery information, email address, credit card information, user name, password, and other demographic information will be determined based on your involvement with OTIS. Notwithstanding the other provisions of this section, we may retain your personally identifiable information where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Information security — OTIS implements security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access to personal information to our employees and OTIS’s business partners who have a need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

How we safeguard information

Site security features

SSL technology and how you benefit from it — OTIS realizes the importance of security, so we’ve taken a number of steps to enhance the protection of personal information sent to or from OTIS over the Internet. First, we require that a “secure session” be established, using Secure Socket Layer (SSL) technology. This is done any time you supply or access information in one of our secure online areas.

SSL technology creates a private conversation that only your computer and OTIS systems can understand. The SSL technology encodes information as it is being sent over the Internet between your computer and OTIS systems, helping to ensure that the transmitted information remains confidential.

User ID and password — Many areas of the Site require the use of a user ID and password as an additional security measure that helps protect your information. This allows OTIS to verify who you are, thereby allowing you access to your account information and preventing unauthorized access. When you have finished using a secure area of OTIS’s website, make sure you always click on the “Log Out” link which appears on every secure page. When you click on the “Log Out” link, you will be given the option to end your secure session. No further secure transactions can be conducted without re-entering your user ID and password. You should be aware that browser software often “caches” a page as you look at it, meaning that some pages are saved in your computer’s temporary memory. Therefore, you may find that clicking on your “Back” button shows you a saved version of a previously viewed page. Caching in no way affects the security of your confidential user ID or password.

No guarantee — Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, OTIS cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. Email messages sent to or from a website may not be secure. Confidential information should not be sent by e-mail. Site visitors sending e-mail accept the risk that a third party may intercept e-mail messages.

Compliance and cooperation with regulatory authorities — We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We will work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the processing of personal data that we cannot resolve with our users directly.

Linking to other Internet websites

You should be aware that other Internet websites that link to OTIS websites or to an OTIS email may contain privacy provisions that differ from those in this Privacy Policy. Our Privacy Policy does not apply to services offered by other companies or individuals, including products or websites that may be displayed to you, or other websites linked from our emails, services, or our own websites. We do not control and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. To ensure your privacy is protected, we recommend that you review the privacy statements and terms and conditions of other websites you visit before using the website or any services or products they may offer.

Public Areas of the Site

OTIS and the OTIS Site may feature public forums where users with similar interests can share information and support one another or where users can post materials. Such communities/areas are open to the public and should not be considered private.

Any information (including your personal information) you share in any online community area including a blog, posting or online discussion is by design open to the public and is not private. You should think carefully before posting any personal information in any public forum. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any website, the information you post may also show up in third-party search engines.

If you mistakenly post information in our public areas and would like it removed, you can send us an email to request that we remove it by contacting us at contactus@mothertobaby.org. In some cases, we may not be able to remove your personal information.

Emails You Send to OTIS

This Privacy Policy does not apply to information, content, business information, ideas, concepts or inventions that you send to OTIS. If you want to keep content or business information, ideas, concepts or inventions private or proprietary, do not send them in an email to OTIS.

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions of Use, do not use this site.

The Organization of Teratology Information Specialists and its’ public facing entity, MotherToBaby (“OTIS/MTB”) may revise and update these Terms and Conditions of Use at any time. Your continued use of the OTIS/MTB website (the “OTIS/MTB Website” or the “Site”) will mean you accept those changes.

You may print or save a copy of these Terms and Conditions of Use for your records.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the OTIS/MTB Website conditioned on your continued acceptance of, and compliance with, these Terms and Conditions of Use (“Terms of Use”). You may use the OTIS/MTB Website and the OTIS/MTB Content (as defined below) for your noncommercial use and for no other purpose. OTIS/MTB reserves the right to bar, restrict or suspend any user’s access to the OTIS/MTB Website, and/or to terminate this license at any time for any reason. OTIS/MTB reserves any rights not explicitly granted in these Terms of Use.

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive OTIS/MTB’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the OTIS/MTB Website, any OTIS/MTB Content (as defined below), or any portion thereof. Further, you may not (i) use the OTIS/MTB Website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the OTIS/MTB Website, including OTIS/MTB Content; (ii) interfere with the proper working of the OTIS/MTB Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; (iii) interfere with any other person’s use and enjoyment of the OTIS/MTB Website; or (iv) upload any kind of content that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit, or any material that would give rise to any civil or criminal activity under applicable law or regulations or that otherwise would be in conflict with these Terms of Use or the Privacy Policy.

3. Your Acceptance; Revisions to Terms of Use. The OTIS/MTB Website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and OTIS/MTB regarding your use and access to the OTIS/MTB Website. By using the OTIS/MTB Website you agree to the Terms of Use.

OTIS/MTB reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the OTIS/MTB Website. Your use of the OTIS/MTB Website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the OTIS/MTB Website. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which OTIS/MTB had actual notice on or before the date of any such revision.

4. OTIS/MTB Policies; Additional Terms and Conditions. OTIS/MTB’s Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the OTIS/MTB Website (collectively “Additional Terms and Conditions”) are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

5. Click-Through Agreements. Before using certain areas of the OTIS/MTB Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.

6. Personal Login Information. Certain features and areas of the OTIS/MTB Website are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. OTIS/MTB is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact OTIS/MTB at ContactUs@mothertobaby.org immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

7. Privacy Policy. For information about OTIS/MTB’s data protection practices and OTIS/MTB’s use and protection of your personal information, please read OTIS/MTB’s Privacy Policy which is incorporated into and made a part of these Terms of Use.

8. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the OTIS/MTB Website and not interfere with the use and enjoyment of the OTIS/MTB Website by other users or with OTIS/MTB’s operation and management of the OTIS/MTB Website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the OTIS/MTB Website, including, without limitation, information required to be provided through an OTIS/MTB registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, OTIS/MTB reserves the right to terminate your access and use of the OTIS/MTB Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the OTIS/MTB Website, or defame or otherwise harm any party, including OTIS/MTB, through your use of the OTIS/MTB Website.

9. User-Generated Content. In some instances, OTIS/MTB may allow posting of third party content, including without limitation user content or content which you may create. OTIS/MTB does not claim ownership of content that you post on or through the OTIS/MTB Website, such as comments or posts that you submit on forums, blogs, or other websites (“User-Generated Content”). When submitting User-Generated Content, you will abide by any terms set by OTIS/MTB with respect to such submission, all of which terms are incorporated herein by reference. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to OTIS/MTB a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to OTIS/MTB’s Privacy Policy. You agree to post or submit User-Generated Content for non-commercial purposes only, submit all materials in the English language, provide that all submissions are topic or article relevant, and that all content will be legible and comprehensible. With respect to content from the Site that you download under these Terms of Use, the authorization given herein is for a single copy of the material on the OTIS/MTB Site for your non-commercial use, and only if you include the following copyright notice: “© 2018 OTIS/MTB, All Rights Reserved” and any other copyright and proprietary notices that are contained in the content. The OTIS/MTB Fact Sheets can be copied and distributed for noncommercial purposes as long as no alterations or changes are made, and you include the following copyright notice: “© 2018 OTIS/MTB, All Rights Reserved” and any other copyright and proprietary notices that are contained in the content.

10. Personally Identifiable Information. You agree that you will not upload any personally identifiable information (such as name, phone number, email address, social security number, etc.) or private health information to the Site unless information is explicitly requested when the user would like to communicate with an expert regarding exposure information (chat or email with an expert), to learn more about participation in an OTIS/MTB study, request brochures, sign up for membership, to refer a patient, request brochures, request contact information from the research center about sponsoring a study, sign-up for a newsletter, or any other form that explicitly requests contact and/or exposure information, and you agree that any upload is non-confidential for all purposes, and you release OTIS/MTB from any liability with respect to invasion of privacy, rights of publicity, or other similar right or tort action with respect to subsequent disclosure of such content (except for the rights you may have under the Privacy Policy).

11. Proprietary Rights. The content of the OTIS/MTB Website includes, without limitation, (i) OTIS/MTB’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “OTIS/MTB Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the OTIS/MTB Website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “OTIS/MTB Content”). OTIS/MTB Content is the property of OTIS/MTB, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any OTIS/MTB Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from OTIS/MTB or the owner of such content if OTIS/MTB is not the owner. Any use of OTIS/MTB Marks without OTIS/MTB’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in OTIS/MTB Content, including any such notices appearing on any OTIS/MTB Content you are permitted to download, transmit, display, print, or reproduce from the OTIS/MTB Website.

12. Responsibility for Use of the Internet and the OTIS/MTB Website. Use of the Internet and the OTIS/MTB Website is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. OTIS/MTB does not guarantee the confidentiality or security of any communication or other material transmitted to or from the OTIS/MTB Website over the Internet or other communication network. OTIS/MTB shall not be obligated to correct or update the OTIS/MTB Website, OTIS/MTB Content or the User-Generated Content and OTIS/MTB shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the OTIS/MTB Website. You understand and agree that with using the Site, information will be transmitted over a medium (the Internet) that may be beyond the control and jurisdiction of OTIS/MTB. Accordingly, OTIS/MTB assumes no liability for or relating to the delay, failure, interruption, or corruption of data or other information transmitted in connection with the use of the Site.

13. Disclaimer. OTIS/MTB Content (including, without limitation User-Generated Content), such as text, graphics, images, and other material contained on the Site, is provided for informational purposes only and is not intended as medical advice, or as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition and never disregard such advice or delay seeking it because of something that you have read on the Site. If you think you may have a medical condition or an emergency, call your doctor or 911 immediately. OTIS/MTB does not recommend or endorse any specific tests, physicians, clinicians, protocols, procedures, products, opinions, or any other information that may be mentioned at the Site. Reliance on any information at the Site is solely at your own risk. Content at the site may not have been through relevant peer review or required governmental approvals and may also contain incidental inaccuracies. Additionally, to the fullest extent permitted by law and these Terms of Use, OTIS/MTB disclaims and makes no warranties or representations with respect to the information presented at the Site or the satisfaction of any governmental regulations requiring disclosure of information on prescription drug products or the approval of any procedures, protocols, or tools (including any software tools) with regard to the content at the Site. The diagnoses and/or treatments/protocols displayed on this Site can be made by a qualified health professional. Going through the list of symptoms provided at the Site or professional discussions at the Site with respect to either symptoms, conditions, or treatments may give you an idea of what types of issues to discuss with your health care provider, but you should not use any information contained on the Site to conclude that you, or someone else, does or does not have a specific medical condition, or what treatment to seek for any medical condition. The Site may contain health- or medical-related materials that are sexually explicit or offensive. If you find such materials offensive, you may not want to use the Site.

14. Patient Information. The OTIS/MTB Website, including any public forums which you may access via the OTIS/MTB Website, may contain confidential patient information (“Patient Information”). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.

15. Third Party Information. The OTIS/MTB Website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of the OTIS/MTB Website are those of the respective third party and not of OTIS/MTB or its affiliates. OTIS/MTB makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

16. Advertisers. The OTIS/MTB Website may contain advertisements of third parties. The inclusion of advertisements on the OTIS/MTB Website does not imply endorsement of the advertised products or services by OTIS/MTB. OTIS/MTB shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the OTIS/MTB Website. Further, OTIS/MTB shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the OTIS/MTB Website. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

17. Links to Third Party websites. The OTIS/MTB Website may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which OTIS/MTB exercises no control. The appearance of any such third party links (provided by OTIS/MTB or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the OTIS/MTB Website, you do so entirely at your own risk.

18. Links to OTIS/MTB Website and OTIS/MTB Content. Links posted by third parties to the OTIS/MTB Website and/or OTIS/MTB Content may not use OTIS/MTB trademark or logo and shall not suggest that OTIS/MTB promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information without express written permission. Any links to any portion of the OTIS/MTB Website shall be the responsibility of the linking party. OTIS/MTB reserves the right to require any linking party to disable or remove any link that violates OTIS/MTB’s rights or causes interruption or deterioration of OTIS/MTB Content.

19. Warranties Disclaimed. THE OTIS/MTB WEBSITE AND OTIS/MTB CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER OTIS/MTB, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “OTIS/MTB PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE OTIS/MTB WEBSITE OR OTIS/MTB CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE OTIS/MTB WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE OTIS/MTB WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) OTIS/MTB CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE OTIS/MTB WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

20. Limitation of Liability. OTIS/MTB PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DOTIS/MTBGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE OTIS/MTB WEBSITE AND/OR ANY OTIS/MTB CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE OTIS/MTB WEBSITE AND/OR OTIS/MTB CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE OTIS/MTB WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE OTIS/MTB WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE OTIS/MTB WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE OTIS/MTB WEBSITE ARISING OUT OF CAUSES BEYOND OTIS/MTB’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, OTIS/MTB CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE OTIS/MTB WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE OTIS/MTB WEBSITE OR OTIS/MTB CONTENT.
In the event you are dissatisfied with, or dispute, these Terms of Use, the OTIS/MTB Website and/or OTIS/MTB Content, your sole right and exclusive remedy is to terminate your use of the OTIS/MTB Website, even if that right or remedy is deemed to fail of its essential purpose. You confirm that OTIS/MTB has no other obligation, liability or responsibility to you or any other party.

21. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DOTIS/MTBGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OTIS/MTB’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

22. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless OTIS/MTB Parties from and against all claims arising from or in any way related to your use of the OTIS/MTB Website and/or OTIS/MTB Content, a violation by you of these Terms of Use, or any other actions connected with your use of the OTIS/MTB Website and/or OTIS/MTB Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. OTIS/MTB will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to OTIS/MTB Parties other than under this Section.

23. Term and Termination. These Terms of Use will take effect at the time you begin using the OTIS/MTB Website. OTIS/MTB reserves the right, with or without notice, at any time and for any reason to deny you access to the OTIS/MTB Website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use OTIS/MTB website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the OTIS/MTB Website, including any OTIS/MTB Content, in your possession.

24. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Nashville, Tennessee. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Tennessee and/or the United States District Court for the Middle District of Tennessee shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. OTIS/MTB reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue class action or class-wide arbitration shall be brought only in the United States District Court for the Middle District of Tennessee or any State of Tennessee court located in Davidson County, Tennessee.

25. Governing Law. These Terms of Use and all matters regarding your use of the OTIS/MTB Website shall be governed by, construed in accordance with, and enforced under the laws of the United States of American and the State of Tennessee applicable to contracts made and executed and wholly performed in the State of Tennessee, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

26. Waiver and Severability. The failure of OTIS/MTB to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

27. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and OTIS/MTB relating to the OTIS/MTB Website and its use by you, and supersedes any previous written or oral communication regarding use of the OTIS/MTB Website.

28. Contact Information. If you have any questions or concerns regarding these Terms of Use or the OTIS/MTB Website, please visit our “Contact Us” page.

29. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the OTIS/MTB Website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

30. Use of OTIS/MTB Website and OTIS/MTB Content outside of the United States. OTIS/MTB makes no claims regarding access or use of the OTIS/MTB Website or OTIS/MTB Content outside of the United States. If you use or access the OTIS/MTB Website or OTIS/MTB Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

31. Notice and Takedown Procedures/Copyright Agent. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting OTIS/MTB’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.
  7. OTIS/MTB’s agent for copyright issues relating to this web site is as follows:

OTIS/MTB
Attn: Office of Privacy
5034 Thoroughbred Lane
Or call: 615-649-3082

In an effort to protect the rights of copyright owners, OTIS/MTB maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

We thank you for your cooperation and agreement. We hope you find the OTIS/MTB Site helpful and convenient to use. Questions or comments regarding this Site, including reports of non-functioning links, may be submitted via email at ContactUs@mothertobaby.org.