English | Español

Terms of Use

The CHPA Educational Foundation welcomes you to OTCsafety.org (the “Site”). The CHPA Educational Foundation is the nonprofit educational foundation of the Consumer Healthcare Products Association (“CHPA”). All references to the CHPA Educational Foundation in the Terms of Use and Privacy Policy shall also be deemed reference to CHPA.

Your use of the Site is subject to the following Terms of Use agreement. Please review this document carefully. By accessing and using the Site, you agree to be legally bound by all of the terms, conditions, and notices contained or referenced herein.

1.  Privacy

Please review our Privacy Policy, which also governs your use of the Site, to understand our data collection, use, and disclosure practices. The Privacy Policy is incorporated within these Terms of Use by reference.

2.  Copyright Rights

All materials posted on the Site are subject to copyrights owned by the CHPA Educational Foundation and other individuals or entities and are protected by United States and international copyright laws. Except for videos and public service announcements, you are authorized to copy and distribute materials posted on the Site in their entirety for personal purposes consistent with the educational nature of this Site, but only if the materials are not offered in exchange for consideration or incorporated in any work offered in exchange for consideration. In addition, except for videos and public service announcements, you may copy and distribute materials posted on the Site in their entirety for professional purposes consistent with the educational nature of this Site, but only if the materials are not offered in exchange for consideration or incorporated in any work offered in exchange for consideration, and if the copying and distribution of the materials is ancillary to your primary business activity. Unless we or the copyright owner of the material has expressly granted prior consent, you may not create derivative works from the materials on the Site. All other rights are reserved. If you have any questions or would like to request permission to copy and/or distribute a video or public service announcement, please contact us.

3.  Trade and Service Mark Rights

Our names, trademarks, service marks, and logos, whether or not appearing in large print or with the trademark symbol, belong exclusively to the CHPA Educational Foundation and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks or any materials is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of the CHPA Educational Foundation or any third party.

4.  Links to Third-Party Sites, Services and Content

As a convenience to you, we may provide links on the Site to web sites, services and content offered by third parties. You agree that we are not responsible for the accuracy, legality or any other aspect (including the privacy and data security practices) of such sites, services and content. When we include such links on the Site, we are not endorsing, sponsoring or otherwise recommending any third-party site, service or content.

5.  License Granted

We do not claim ownership of any information or material you transmit, distribute, post, communicate, or store on, to, or through the Site. However, by submitting or posting information or material on, to, or through the Site, you grant the CHPA Educational Foundation a world-wide, royalty-free, perpetual, irrevocable, and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content anywhere, for any purpose, and in any form, media, or technology now known or later developed, including for promotional or marketing purposes.

By posting or submitting content to this Site, you also warrant and represent that you own or otherwise control all of the rights to the content of the public posting, and that our use of your content will not infringe or violate the intellectual property, trade secret, privacy, publicity, or other rights of you or any third party.

6.  Disclaimer of Warranties and Limitation of Liability

THE SERVICE IS PROVIDED “AS IS.” THE CHPA EDUCATIONAL FOUNDATION MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. THE CHPA EDUCATIONAL FOUNDATION DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

IN NO EVENT WILL THE CHPA EDUCATIONAL FOUNDATION OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SERVICE, OR ANY WEB SITE LINKED TO THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, OR INABILITY TO USE THIS SERVICE OR ANY SITE LINKED TO THIS SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ALTERATION, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.

7.  Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE CHPA EDUCATIONAL FOUNDATION, ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH, ANY VIOLATION OR ALLEGED VIOLATION OF THESE TERMS OF USE OR THEIR COMPONENTS (INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY), OR THE FAILURE TO FULFILL ANY OBLIGATIONS RELATING TO YOUR USE OF THE SITE INCURRED BY YOU OR ANY OTHER PERSON USING THE SITE ON YOUR BEHALF. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS IS REASONABLY REQUESTED BY US.

8.  Choice of Law and Forum

These conditions shall be governed by and construed in accordance with the laws of the District of Columbia, excluding its conflict of law rules. You and the CHPA Educational Foundation expressly agree to submit to the exclusive jurisdiction and venue of the courts in the District of Columbia in all disputes arising out of or relating to the use of this Site.

9.  Severability and Integration

These Terms of Use govern your use of the Site. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

10. No Professional Advice

Any information supplied on the Site and/or by any employee or agent of the CHPA Educational Foundation, whether by telephone, email, letter, facsimile, or other form of communication, does not constitute medical, legal, tax, accounting, or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

11. Changes

We may change these Terms of Use or modify any features of the Site at any time, so we encourage you to review the Terms of Use before using the Site. The most current version of the Terms of Use can always be viewed through the “Terms of Use” link at the bottom of the homepage of the Site. To assist you in identifying any changes, we will list the date when the Terms of Use were most recently updated at the bottom of the agreement.

By continuing to use the Site after we modify these Terms of Use, you agree to be bound by the updated Terms. If you do not agree to be bound, you should discontinue your use of the site and use the "contact us" link to inform us of your decision.

12. Questions

If you have questions concerning these terms and conditions, and/or your use of the Site, please contact us.

Updated: May 9, 2012
Copyright ©2012, CHPA Educational Foundation
All rights reserved.

 

Site provided by CHPA Educational Foundation ®

All Rights Reserved CHPA Educational Foundation © 2010

OTCsafety.org content is intended for informational purposes only
and should not be considered medical advice. For more information,
please visit the OTCsafety.orgTerms of Use” page.