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.
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.
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.
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.
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 email@example.com.
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.
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, firstname.lastname@example.org
Power to Decide, the campaign to prevent unplanned pregnancy
1776 Massachusetts Avenue, NW Suite 200 Washington, DC 20036
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.
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
10. Limitation of Liability
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.
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.
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
16. Changes to Terms and Conditions
17. Additional Agreements
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