WEB SITE LEGAL NOTICE AND DISCLAIMERS

By accessing or using any of this American Headache Society (“AHS”) website, you agree to comply with and be bound by these Terms and Conditions.  Please read these Terms and Conditions carefully, as well as the AHS Privacy Policy, which is incorporated herein by reference.  If you do not agree with these Terms and Conditions, you must immediately terminate use of the AHS website.  AHS reserves the right, with or without notice, at any time and for any reason to deny you access to the AHS website or any portion thereof, and to terminate or modify these Terms and Conditions.   If you violate any of these Terms and Conditions, your permission to use the website automatically terminates.

 

COPYRIGHT INFORMATION/USER RIGHTS

All content appearing on this Web site is the property of the American Headache Society. Copyright © 2021 by the American Headache Society.  All rights reserved.

As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2021 American Headache Society.  All rights reserved.

 

COPYRIGHT AND TRADEMARK

AHS or its licensor owns the copyright in all of the content comprising this Web site, unless otherwise indicated. By accessing and using this Web site, you agree to abide by U.S. and international copyright law and all other applicable laws. You may access this Web site and retrieve content that contains AHS’s copyright notice, store such content on your own computer, and print one copy of such Content for noncommercial, personal, or educational purposes only, provided that you (1) do not modify, distribute, or transmit such content, and (2) include any copyright notice originally appearing with such content. Permission may be needed for other content not marked with AHS’s or any copyright notice. You may cite or refer to the URL of this Web site without limitation.

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by AHS.

The names, trademarks, service marks, and logos of AHS appearing on this site may not be used in any advertising, publicity, or otherwise to indicate AHS’s sponsorship of or affiliation with any product or service, without AHS’s prior express written permission.

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of AHS or any third party, except as expressly granted herein.

 

EXTERNAL TERMS OR STATEMENT OF USE

AHS is pleased to provide you this means through which you can share information and collaborate with others. However, in posting such information (“Content”), you agree to comply with the following requirements, or risk having your Content removed without advance notice by AHS and your user account deleted or rights restricted. In accordance with existing AHS policies, AHS employees failing to follow these policies risk disciplinary action, up to and including termination.

  1. You shall not make libelous, defamatory, harassing or abusive statements, including the “stalking” of other users.

 

  1. You shall not post Content comprising personal attacks or threats against other users or individuals.

 

  1. You shall not submit the personally identifiable information, images or other likenesses of other persons without their consent.

 

  1. You shall not post Content that comprises attacks on individuals or groups based on race, gender, sexuality, ethnicity, religious beliefs, or any other classification.

 

  1. You shall not post Content that is obscene, vulgar or sexually explicit. This prohibition includes the use of abbreviations, asterisks, or other shorthand to communicate such obscene, vulgar or sexually explicit Content.

 

  1. You agree that use of AHS sites is strictly for AHS’s stated purposes and not for commercial product promotions, the transmission of spam, chain letters, pyramid schemes, or fraudulent or deceptive messages.

 

  1. You shall not post information affiliated with or promoting political campaigns.

 

  1. You shall not post material which could result in the infringement of any third party intellectual property, privacy, or publicity rights.

 

  1. You represent and warrant that you own or otherwise have all necessary rights, including but not limited to, trademark and copyright, in all Content that you submit to AHS sites, and that you have secured all third-party consents, licenses, waivers and permissions necessary to submit such Content.

 

  1. You represent and warrant that the Content submitted by you will not infringe upon or misappropriate any rights of others, including, without limitation, any copyrights, trademarks, trade secrets or other intellectual property rights, rights of publicity, rights of privacy, moral rights or any other proprietary rights of third parties, or violate any applicable law, statute, ordinance or regulation.

 

  1. YOU AGREE TO INDEMNIFY AND HOLD AHS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING OUT OF, RESULTING FROM OR RELATED TO ANY BREACH BY YOU OF THIS POLICY.

 

  1. AHS reserves the right to review any Content that you have submitted to AHS sites, and to reject, delete, disable, or remove any Content AHS determines, in its sole discretion, (a) does not comply with this policy, (b) violates any law, infringe upon any rights of third parties, or subjects AHS to liability for any reason, (c) might adversely affect the AHS’s public image, reputation or goodwill, or (d) should be taken down for any other reason.

 

  1. If you believe that any Content on any AHS site infringes upon any copyright, trademarks, or trade secrets that you own, please contact AHS at the following address: ahshq@talley.com.

 

  1. AHS shall have the final decision on whether any Content is acceptable and whether to remove any such Content.

 

DISCLAIMER OF CURRENCY, ACCURACY, OR QUALITY

AHS makes no guarantee as to the currency, accuracy, or quality of information published and/or archived on this Web site, nor will AHS accept any responsibility for other organizations, businesses, and private persons that provide information on this Web site.

 

ACCURACY AND COMPLETENESS OF INFORMATION

All information on this Web site regarding products and services provided by AHS is subject to change without notice. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided here, but AHS is not responsible for misprints, out-of-date information, or errors.  AHS  makes  no  warranty,  express  or  implied,  or  assumes  any  legal  liability  or responsibility for the accuracy or completeness of any information contained on this Web site.

 

TERMS OF USE FOR PURCHASES

With respect to items sold by AHS, we cannot confirm the price of an item until you order.   Your order is considered an offer to purchase, which is not deemed to be accepted until AHS has shipped the item.  Despite our best efforts, some items on our website may be mispriced. If the correct price of an item sold by AHS is higher than our stated price, we will at our discretion either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

 

DISCLAIMER

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice, as are any products, program, offerings, or technical information described in this Web site. The Content is provided “as is”, and AHS makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content or the suitability, functionality, or operation of this Web site or its Content.   Nothing on this website is intended to comprise legal or medical advice, and users are advised to seek the advice of their own lawyers and doctors before making any decisions based on information on this site.   By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, or offensive or may not meet your needs and requirements. AHS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL AHS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

AHS reserves the right to remove any materials that are posted by third parties on this site or materials e-mailed by third parties which AHS considers objectionable.  Notwithstanding the reservation of this right, AHS is not responsible for any material posted by any third party.  AHS specifically disclaims any and all liability for any claims or damages which result from any postings by third parties.  Although this site includes links providing direct access to other net sites, AHS has not participated in the development of those other sites and does not exert any editorial or  other  control  over  those  sites.  In  addition, AHS  has  not  participated  in  the development of sites which have linked to this site, and does not exert any editorial or other control over those sites.

 

LINKS

Certain links on this Web site lead to resources located on servers that are not maintained by AHS or under its control. Such links are provided for the convenience of visitors to the AHS web site, and AHS is not responsible for the contents of any such referenced Web sites and expressly disclaims any legal liability whatsoever with respect to any claims arising from use of such links.

 

NO ENDORSEMENT

The inclusion on this Web site of any link to another Web site, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by AHS.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold AHS, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these legal terms and conditions.

 

GOVERNING LAW/FORUM

You expressly agree that exclusive jurisdiction for any dispute with AHS, or in any way relating to your use of this Website, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving the website or AHS and its affiliates, subsidiaries, employees, contractors, officers, directors, and content providers.  We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.    Furthermore, in any dispute, we each waive any right to a jury trial.  You also agree that AHS may bring suit in court to enjoin infringement or other misuse of intellectual property rights.   In any dispute, the prevailing party shall have its costs and reasonable attorney’s fees paid by the other party.

 

These Terms and Conditions are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.