The American Congress of Obstetricians and Gynecologists (ACOG) has set up a Zika Listserv for the purposes of providing a method for ACOG members/Users to communicate with each other about the logistical aspects of the Zika virus (such as testing or assessment of pregnant women), at their discretion. Information about patients or individual cases must not be shared to avoid issues with patient confidentiality and HIPAA (see Prohibited Posts). These Terms of Service (TOS) govern use of the Listserv.
You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Listserv conditioned on your continued acceptance of and compliance with these TOS. By accessing, viewing, posting or otherwise using the Listserv, you agree to comply and be bound by these TOS. Please read there TOS carefully. If you do not agree to these TOS, you must immediately terminate use of the Listserv. ACOG reserves the right to change these TOS at any time in its sole discretion by posting revised TOS. Your use of the Listserv signifies your acceptance of all the terms and conditions contained within the TOS posted at the time of your use. You will be responsible for regularly reviewing the TOS. The Listserv is only to be used by ACOG members. If you are not an ACOG member, you are violating these TOS and you must immediately terminate use of the Listserv.
All comments and materials posted to the Listserv should be related only to the logistical aspects of the Zika virus. Posts, comments and interactions should be professional, courteous and respectful of others.
The following are prohibited:
- Information that could identify a patient or consumer of health care or would violate patient confidentiality, the physician-patient privilege, any state privacy laws or the HIPAA Privacy Rule
- Information that is blatantly off the topic of Zika
- Threats of violence
- Profanity or obscenity
- Derogatory comments based on gender, race, religion, color, national origin, disability, or sexual orientation, and/or are otherwise derogatory
- Abuse or harassment of other Users, ACOG members, or ACOG staff
- Ad hominem or personal attacks
- Posts or comments with the explicit and malicious intention of provoking other commenters/Users
- Defamatory and/or purposely inaccurate information
- Violation of copyright, patent, intellectual property rights of others or other applicable laws or regulations
- Commercial messages, advertising, solicitation for donations or otherwise blatant promotions
- Removal or transmittal of the information outside of this Listserv
Monitoring, Editorial Control and Moderation
ACOG provides this Listserv to facilitate communication of its members/Users solely on the topic of the Zika virus. All information, posts, and comments included in the Listserv reflect the views of the participants and not those of ACOG. The Listserv content is not intended to serve as practice guidance. Users must determine for themselves the truthfulness, accuracy, and reliability of communications posted on the Listserv. ACOG reserves the right to monitor the Listserv but does not verify, endorse or vouch for the content, posts or comments in the Listserv.
Although participation in the ListServ is limited to ACOG members, Users should understand that information, posts, or comments may become more widely available if shared outside of the Listserv by other Users. ACOG assumes no responsibility or liability for such dissemination of information, posts or comments beyond the Listserv.
ACOG reserves the right to enforce these TOS. ACOG, in its sole discretion and without notice, may modify, refuse or remove any post; deactivate a User's Listserv access; revoke a User's right to use the Listserv; and/or shut down the Listserv. While ACOG reserves the right to block or remove any comment at its sole discretion, ACOG has no obligation to do so. Further, ACOG does not guarantee the review, monitoring or vetting of comments prior to, or after, being posted.
You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Listserv and not interfere with the use of the Listserv by other users or with ACOG's operation and management. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Listserv or joining the Listserv. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, ACOG reserves the right to terminate your access and use of the Listserv. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Listserv, or defame or otherwise harm any party, including ACOG, through your use of the Listserv. You warrant that you shall not copy, share, or forward information shared in the Listserv.
Responsibility for Use of the Listserv
Use of the Listserv is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. ACOG does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Listserv over the Internet or other communication network. ACOG shall not be obligated to correct or update the Listserv and ACOG shall not be liable for omissions, typographical errors, or out-of-date or incorrect information which may appear on the Listserv.
State and federal laws, as well as ethical and licensure requirements, impose obligations with respect to patient information and patient confidentiality that limit your ability to receive, disclose, or make use of patient information, including transmitting patient information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of patient information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of patient information.
The Listserv is provided “as is” and “as available.” Neither ACOG, the American College of Obstetricians and Gynecologists, affiliates, employees, officers, or directors nor any of their agents, their representatives, suppliers, advertisers, promotional partners, or licensors (collectively “ACOG Parties”) provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) the Listserv or any content herein, is complete, accurate, reliable or non-infringing; and (ii) access to the Listserv will be uninterrupted, timely, secure, or error free. All warranties, express or implied, are disclaimed to the fullest extent permitted by law, including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
Intellectual Property Rights
ACOG owns all rights, title and interest in and to the Listserv, including all intellectual property rights. Any User posting information or comments thereby grants to ACOG the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display those comments and to incorporate the same in other works in any form, media, or technology now known or later developed. ACOG will not be required to treat any comments as confidential, and may use any postings in its operations or business.
Limitation of Liability
The ACOG Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the Listserv; (ii) from any interruption in the availability of the Listserv; (iii) from any loss of data and/or from any equipment failure; (iv) from unauthorized access to or alteration of your transmissions or data; (v) from statements or conduct of any third party on the Listserv; (vii) from any delay or failure of the Listserv; (viii) out of the use of, reference to, or reliance on, the content on the Listserv; (ix) out of any third party materials, information, products and services contained on, or accessed through, the Listserv; or (x) out of any other matter relating to the Listserv and its content.
In the event you are dissatisfied with, or dispute, these TOS your sole right and exclusive remedy is to terminate your use of the Listserv, even if that right or remedy is deemed to fail of its essential purpose. You confirm that ACOG has no other obligation, liability or responsibility to you or any party related to you.
To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the ACOG Parties from and against all claims arising from or in any way related to your use of the Listserv and/or its content, a violation by you of these TOS, or any other actions connected with your use of the Listserv or its content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. ACOG will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the ACOG Parties other than under this Section.
These TOS and all matters regarding your use of the Listserv shall be governed by, construed in accordance with, and enforced under the laws of the District of Columbia applicable to contracts made and executed and wholly performed in the District of Columbia, without regard to choice of law principles. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
Waiver and Severability
The failure of ACOG to exercise or enforce any right or provision in these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Listserv must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Use of Listserv Outside of the United States
ACOG makes no claims regarding access or use of the Listserv outside of the United States. If you use or access the Listserv outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these TOS.
If Users have a question about this TOS, or would like to report a comment that violates this policy, please email ZikaForum@acog.org
August 15, 2016