Acceptance of Terms
Welcome to the online learning platform (the “Platform”) of Power to Decide, the campaign to prevent unplanned pregnancy ("Power to Decide®" or, as applicable, “we” or “our” or “us”), where you will be able to access digital training materials for our One Key Question® pregnancy intention screening tool, as well as other audio, video and written training materials, training services, course materials and other materials that we may choose to add to the Platform from time to time at our sole discretion (collectively, the “Training Materials”). The term "Platform" also includes any future website, mobile application or other digital platform through which we determine, in our sole discretion, to make the Platform available.
Please read these Terms of Use carefully, because this document is a legal contract, and by using the Platform (including any Training Material(s) or other service(s), feature(s) and/or material(s) provided thereon), you agree to its terms. If you do not accept and agree to be bound by all of the terms of these Terms of Use, do not use the Platform.
1. Conduct
You agree and warrant that you will not use the Platform to participate, act, provide, or do anything that is either illegal or inconsistent with these Terms of Use, or that we deem improper, including, but not limited to, piracy, copyright infringement, harassment of other users, or violent behavior. You agree to use the Platform in accordance with all applicable laws. As a condition of your access to the Platform, you warrant that you will not use the Platform for any purpose that is either unlawful or inconsistent with these Terms of Use. We may restrict, suspend, or terminate your access to the Platform without notice to you if we believe that you have violated any law or these Terms of Use. You agree that you will access the Platform only through the interfaces we provide. You agree not to “hack” our site, reverse-engineer the Platform, take any action that could have the effect of damaging the Platform or its security, or interfere with other users’ use of the Platform, either on the web or through another device.
2. Registration
You may be asked to register in order to access Training Materials and certain other content in connection with use of the Platform. Whenever we ask you for personal information in a registration form or elsewhere on the Platform, you agree to provide truthful, accurate, current, and complete information, and to update this information anytime it changes. We have the right to restrict, suspend or terminate any account or other registration and to refuse any and all current or future use if we suspect that any such information is inaccurate or incomplete.
3. Account Security
You are responsible for maintaining the confidentiality of the email address and password you designate during the registration process, and you are solely responsible for all activities that occur under your email address and password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password or other security information. You agree to immediately notify us of any disclosure or unauthorized use of your email address or password or any other breach of security, and ensure that you log out from your account at the end of each session.
4. Eligibility Criteria
You must be employed by or affiliated with a healthcare provider or other entity that offers professional healthcare services or advice (e.g., social worker) to use and register for this Platform.
The Platform is offered and available only to users who are 18 years of age or older. By using the Platform, you represent and warrant that you are 18 years of age or older and of legal age to form a binding contract with Power to Decide.
The Platform is offered and available only to users who reside in the fifty (50) United States or the District of Columbia. Power to Decide makes no claims that the Platform or its content is accessible or appropriate outside of the United States. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
If you do not meet all of these eligibility requirements, you must not access or use the Platform. Any use of the Platform is void where prohibited. By accessing and using the Platform, you represent and warrant that you have the right, authority and capacity to agree to these Terms of Use and to abide by all of the terms and conditions herein.
5. Our Intellectual Property
The Platform is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Except as otherwise specified in these Terms, all individual Training Materials and other content, elements, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) comprising the Platform are also copyrighted works. All copyright rights in the Platform and these works are owned by Power to Decide, the campaign to prevent unplanned pregnancy, or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws, and are provided for your educational and noncommercial purposes only. You must abide by all additional copyright notices or restrictions contained on the Platform.
Except as expressly set forth in these Terms of Use, you agree to use the Platform and access the Training Materials only for your own personal and noncommercial use. We do not grant you a license to use the Platform for any other purpose. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works of, transmit, print, download or in any way exploit any Training Materials or any other part of the Platform without our express written permission; provided that, as the sole exception to the foregoing, you may make use of the teachings and recommendations contained in the Training Materials in order to provide healthcare advice to patients in your care; provided further that you agree to use the Training Materials with fidelity (e.g., you may not omit certain teachings or recommendations when presenting the Training Materials to patients in a manner that misconstrues or decontextualizes the overall teachings and recommendations contained therein) and in a manner consistent with the mission of Power to Decide.
Without limiting the generality of the foregoing, you may not distribute any part of the Platform over any network, including a local area network, nor sell or offer it for sale.
We may restrict, suspend, or terminate your access to the Platform and/or specific Training Materials without notice to you if we believe that you have used the Platform or any Training Materials in a manner inconsistent with these Terms of Use.
To request express written permission to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, distribute, or in any way exploit any part of the Platform, please contact us at info@powertodecide.org.
All rights in the product names, company names, trade names, logos, product packaging, and designs of all the Platform or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Power to Decide, the campaign to prevent unplanned pregnancy, or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Platform confers on you any license or right under any patent or trademark of Power to Decide, the campaign to prevent unplanned pregnancy, or any third party.
6. Access to Platform and Training Materials
We reserve the right to withdraw or amend the Platform and any service or material provided thereon, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Platform.
After you purchase Training Materials, you will have ongoing access to the purchased Training Materials (subject to your compliance with these Terms of Use). However, we reserve the right to update and modify Training Materials to reflect changes in our recommendations and practices, and you may be required to re-certify and pay additional fees in order to access new or updated Training Materials.
7. Notice of Copyright Infringement
If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material on the Service that is requested to be removed; (c) your name, address, and daytime telephone number, and an email address if available, so that we may contact you if necessary; (d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Our copyright agent for notice of claims of infringement on the Platform is:
Julie Satterwhite, jsatterwhite@powertodecide.org
Power to Decide, the campaign to prevent unplanned pregnancy
1776 Massachusetts Avenue, NW Suite 200 Washington, DC 20036
(tel) 202-478-8500
(fax) 202-478-8588
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site.
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the Service privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
8. Links
The Platform may, as a convenience to users, provide links to third-party content and other websites. We do not endorse, sponsor, or accept any responsibility for such material. Power to Decide, the campaign to prevent unplanned pregnancy, is not responsible for the content or privacy practices of any linked sites.
9. Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of Training Materials or other goods, services or information formed through the Platform, or resulting from visits made by you, are governed by the terms of sale and policies of Power to Decide’s online store (currently located at https://shop.powertodecide.org/), which are hereby incorporated into these Terms of Use. We reserve the right to deny access to Training Materials or other portions of the Platform if you do not pay the fees applicable to such Training Materials or portions of the Platform, as applicable.
10. Limitation of Liability
You understand that the Platform is an online service, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the Platform, for any reason, including costs incurred while using the Platform, the inaccessibility of the Platform, or the costs associated with any claims you bring or try to bring against us. Specifically, but without limitation, you agree not to hold Power to Decide, the campaign to prevent unplanned pregnancy, liable for damages you claim are caused by third parties who contact you using the Platform or become aware of your identity through the use of the Platform, and you understand that, while such behavior is a violation of these Terms of Use, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the Platform.
In no event will Power to Decide, the campaign to prevent unplanned pregnancy, or its affiliates, or any party involved in creating, producing, or delivering the site be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the site or any linked sites, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. In the event that you have a dispute with another user related to, arising from, or in any way connected with use of the site, you release Power to Decide, the campaign to prevent unplanned pregnancy, from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such a dispute. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.
11. Indemnity
You agree to indemnify Power to Decide, the campaign to prevent unplanned pregnancy, and our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (“Power to Decide’s parties”) against, and hold Power to Decide’s parties harmless from liability, losses, costs, and expenses (including attorney’s fees) incurred as a result of your use of the Platform or claims made in connection with such use. For example, and without limitation, if you use the Platform to do something illegal, you agree not to sue us if another party takes action against you for it, and if you do sue us you would have to pay our costs and attorney’s fees in defending that action. Also, if any other party takes action against you or if your property is damaged in connection with your legal use of the Platform, even if that use is permitted by these Terms of Use, you agree not to sue us. If you try to sue us even though you have agreed not to do so, you would be responsible for our costs and legal fees in connection with our defense of that suit.
12. Disclaimer of Warranties
This site is provided “as is.” Power to Decide, the campaign to prevent unplanned pregnancy, makes no representation or warranty of any kind whatsoever relating to the site, linked sites, user submissions, or other content that may be accessible directly or indirectly through the site. Power to Decide: the campaign to prevent unplanned pregnancy disclaims to the maximum extent permitted by law any and all such representations and warranties.
Without limiting the generality of the foregoing, Power to Decide, the campaign to prevent unplanned pregnancy, disclaims to the maximum extent permitted by law any and all (a) warranties of merchantability or fitness for a particular purpose; (b) warranties against infringement of any third-party intellectual property or proprietary rights; (c) warranties relating to the transmission or delivery of the site; (d) warranties relating to the accuracy, reliability, correctness, or completeness of data made available on the site or otherwise by Power to Decide, the campaign to prevent unplanned pregnancy; and (e) warranties otherwise relating to performance, nonperformance, or other acts or omissions by Power to Decide, the campaign to prevent unplanned pregnancy or any third party. Further, there is no warranty that the site will meet your needs or requirements or the needs or requirements of any other person.
Power to Decide, the campaign to prevent unplanned pregnancy makes no warranties or representations, express or implied, (a) that the information provided through the site will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (b) that the site will be available at any particular time or location; (c) that defects or errors in the site will be corrected; or (d) that the content on the site is free of viruses or other harmful components. Any information on this site is subject to change without notice, and Power to Decide, the campaign to prevent unplanned pregnancy disclaims all responsibility for these changes.
13. Termination
We may restrict, terminate or suspend your account at any time without notice if the we believe that you have breached these Terms of Use. We are not required to disclose the reason for the termination or suspension of your account. We also reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use. Upon termination, you must cease all use of the Platform.
This agreement may be terminated by Power to Decide, the campaign to prevent unplanned pregnancy for any reason at any time.
Applicable sections of this agreement shall survive any such termination.
14. Governing Law / Entire Agreement
You agree that any dispute between you and Power to Decide, the campaign to prevent unplanned pregnancy will be governed by the law of the District of Columbia, and that any legal action brought by one party against the other will be brought in the courts of the District of Columbia. Unless otherwise specified herein, these Terms constitute the entire agreement between you and Power to Decide, the campaign to prevent unplanned pregnancy and governs your use of the Platform, superseding any prior or contemporaneous communications and proposals in any form between you and Power to Decide, the campaign to prevent unplanned pregnancy. If any part of this Terms of Use agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall remain in effect.
15. Privacy Policy
A separate webpage, Privacy Policy, explains our handling of personal information we maintain about you while you use the Platform. By using the Platform, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy, so you should review it before using the site. If you have questions about our privacy practices, you can always contact us at info@powertodecide.org.
16. Changes to Terms and Conditions
From time to time we may make modifications to this agreement. We may make these changes at any time, and your continued use of the Platform constitutes your acknowledgment that you agree to this new agreement. Please periodically review the Terms of Use by clicking the “Terms of Use” button at the bottom of every the Platform webpage because this agreement is binding.
17. Additional Agreements
From time to time, we might also offer certain services that require an additional agreement. When this is required, we will provide the additional agreement to you when you try to access such a service. By accepting these Terms of Use, you agree to read and understand any additional agreement before accessing the service that it covers, because using that service indicates your acceptance of these Terms of Use and any additional agreement.
18. No Professional Advice
Any information supplied by any employee or agent of Power to Decide, the campaign to prevent unplanned pregnancy, whether by telephone, email, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of the Platform and does not constitute legal, tax, medical, 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.
19. No Waiver
You agree that our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Use or to act with respect to similar breaches.
20. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Power to Decide, the campaign to prevent unplanned pregnancy as a result of these Terms of Use or your access to and use of the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions about the above Terms of Use or if you don’t understand them, please send us a message at info@powertodecide.org before using the Platform.