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.
Last Updated: May 29, 2018
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.
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.
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.
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.
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.
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.
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.
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.
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:
- 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.
- 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.
- Your name, address, telephone number and (if available) e-mail address.
- 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.
- 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.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
- OTIS/MTB’s agent for copyright issues relating to this web site is as follows:
Attn: Office of Privacy
5034 Thoroughbred Lane
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.