Terms of Use

The CHPA Educational Foundation (the “Foundation”) welcomes you to KnowYourOTCs.org (the “Site”). The Foundation is the nonprofit educational foundation of the Consumer Healthcare Products Association (“CHPA”). All references to the Foundation in the Terms of Use (“Terms”) 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 the terms, conditions, and notices contained or referenced herein. If you do not agree to the Terms, do not access or use the Site.

1. Copyright

All materials posted on the Site are subject to copyrights owned by the 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.

2. Trade and Service Marks

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

3. 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.

4. 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 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.

5. Disclaimer of Warranties and Limitation of Liability

THE SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” THE 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 FOUNDATION DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SITE OR OTHERWISE BY THE FOUNDATION OR THIRD-PARTIES.

IN NO EVENT WILL THE 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.

THE FOUNDATION IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO TEXT OR PHOTOGRAPHY.  THERE IS NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE SITE OR SERVICES WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED.

THE FOUNDATION IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OR OTHER USERS OF THE SITES.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

The Foundation reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Foundation.

6. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE 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.

7. 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 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. You further agree to accept service of process by mail.  By using the Site, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.

8. Severability and Integration

These Terms of Use govern your use of the Site and constitute the entire agreement between you and the Foundation. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, or it shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions, which remain in full force and effect.

9. No Professional Advice

Any information supplied on the Site and/or by any employee or agent of the 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.

10. Termination and Changes

We may terminate or change these Terms or modify any features of the Site for any reason 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. By continuing to use the Site after we modify these Terms, 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.

The Foundation reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Site, with or without prior notice.  Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

11. No Third Party Beneficiaries

Except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms. Neither party will make any commitment, by contract or otherwise, binding upon the other party or represent that it has any authority to do so.

12. Assignment

You must not assign these Terms or any rights or obligations herein without the prior written consent of the Foundation and any attempted assignment in contravention of this provision is null and void and of no force or effect. The Foundation has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.

13. No Waiver

The failure of the Foundation to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.

14. Questions

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

Updated: October 2020

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