Terms of Use

Effective Date: [Date of publication] Last Updated: [Date of publication]

1. Acceptance of Terms

These Terms of Use (the "Terms") govern your access to and use of the Gynawareness website, located at gynawareness.com and app.gynawareness.com, and any related services (collectively, the "Site"). The Site is operated by the American Association of Gynecologic Laparoscopists, Inc. ("AAGL," "we," "us," or "our"), a Florida nonprofit corporation.

By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy and Medical Disclaimer, each incorporated by reference. If you do not agree, do not use the Site.

2. Eligibility

The Site is intended for users who are at least 18 years of age and capable of forming a binding contract. By using the Site, you represent that you meet this requirement.

3. Not a Referral Service; No Provider-Patient Relationship

The Find a Surgeon directory is a search tool that allows you to locate AAGL members who have elected to be listed. The Site is not a referral service, a matchmaking service, a credentialing service, or a healthcare provider. Inclusion in the directory does not constitute a recommendation, endorsement, or referral by AAGL.

AAGL makes no representation or warranty regarding the competence, qualifications, credentials, licensure, board certification, malpractice history, training, outcomes, fees, insurance acceptance, or availability of any surgeon listed in the directory. You are responsible for independently verifying these matters before engaging any provider.

Use of the Site does not create a physician-patient relationship between you and AAGL or between you and any listed surgeon.

4. No Medical Advice

The Site provides general health and educational information about gynecologic conditions and procedures. Information on the Site is not medical advice and is not a substitute for diagnosis, treatment, or advice from a qualified healthcare provider. See our Medical Disclaimer for additional terms.

5. License to Use the Site

Subject to these Terms, AAGL grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. All other rights are reserved.

You may not:

1. copy, modify, distribute, publicly display, or create derivative works of Site content except as expressly permitted;
2. scrape, harvest, or extract directory listings or other content by automated means without our prior written consent;
3. use the Site to compile a competing directory or commercial mailing list;
4. interfere with the operation or security of the Site;
5. reverse engineer or attempt to access source code except as permitted by law;
6. use the Site to send unsolicited communications, spam, or malware;
7. impersonate any person or misrepresent affiliation with any person or organization;
8. use the Site in violation of law or these Terms.

6. Surgeon and Staff Accounts

Surgeons and AAGL staff may access certain administrative features through MemberClicks single sign-on. Account holders are responsible for the accuracy of their profile information and for all activity occurring under their credentials.

AAGL may suspend, remove, or modify any listing or account at any time, including for inaccurate information, failure to maintain AAGL membership in good standing, conduct contrary to AAGL's mission, or violation of these Terms.

Listing correction and takedown: A surgeon who wishes to correct or remove their listing may submit a request to [directory contact email, e.g., directory@aagl.org] or through the account portal. A third party who believes a listing is inaccurate or misleading may also notify us at the same address; AAGL will review such requests in good faith but is not obligated to take any specific action.

7. User-Generated Content and Submissions

You may submit content to the Site, including contact form messages, podcast guest releases, written testimonials, or comments ("User Content"). You retain ownership of your User Content. You grant AAGL a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display the User Content, in whole or in part, in any media now known or later developed, in connection with AAGL's mission and the operation, promotion, and improvement of the Site, including in podcast episodes and educational materials. You waive any moral rights to the extent permitted by law.

You represent and warrant that:

1. you own or have the necessary rights to your User Content;
2. your User Content does not infringe any third-party right;
3. your User Content does not contain unlawful, defamatory, harassing, or otherwise objectionable material;
4. you have obtained any consents required for any other identifiable person referenced in your User Content;
5. you will not submit protected health information of any other person.

Patient testimonials provided for use on the Site or in podcast episodes will be governed by a separate signed release where required.

We may remove or refuse any User Content at our discretion.

8. Trademarks and Copyright

"AAGL," the AAGL logo, "Gynawareness," the Gynawareness logo, and related names and marks are trademarks of AAGL. You may not use them without our prior written consent.

All content on the Site, including text, graphics, podcast audio, images, video, and software, is owned by or licensed to AAGL and protected by United States and international intellectual property laws.

9. DMCA Notice and Designated Agent

AAGL respects intellectual property rights. If you believe content on the Site infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act ("DMCA") containing:

1. a physical or electronic signature of the copyright owner or authorized agent;
2. identification of the copyrighted work claimed to be infringed;
3. identification of the material claimed to be infringing and its location on the Site;
4. your contact information;
5. a statement that you have a good-faith belief that the use is not authorized;
6. a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.

Designated Agent: [Designated DMCA Agent Name] AAGL, DMCA Agent [AAGL HQ address] Email: [DMCA agent email, e.g., dmca@aagl.org] Phone: [AAGL phone]

We will respond to valid notices in accordance with the DMCA. We may terminate the access of users who are repeat infringers. Counter-notices may be submitted under 17 U.S.C. § 512(g).

[Counsel: confirm registration of the designated agent with the U.S. Copyright Office at https://dmca.copyright.gov/, this registration is required for safe harbor.]

10. Email Communications and CAN-SPAM

If you subscribe to a newsletter or other communications, you consent to receive electronic messages from AAGL. Every commercial email will identify AAGL as the sender, include AAGL's physical mailing address, and provide a clear method to unsubscribe. To unsubscribe, click the link in any commercial email or contact [newsletter contact email]. Unsubscribe requests are processed within 10 business days as required by the CAN-SPAM Act.

11. Accessibility

AAGL is committed to making the Site accessible to individuals with disabilities and continues to work toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you encounter an accessibility barrier, please contact us at [accessibility contact email, e.g., accessibility@aagl.org] so we can address it. Feedback on accessibility is welcome.

12. Privacy

Use of the Site is subject to our Privacy Policy. By using the Site, you acknowledge our information practices described there.

13. Third-Party Links and Services

The Site may link to or integrate third-party services, including surgeon practice websites, social platforms, podcast hosts, and analytics providers. AAGL does not control, endorse, or assume responsibility for third-party content or services, and your interactions with third parties are governed by their own terms and policies.

14. Disclaimer of Warranties

THE SITE AND ALL CONTENT, INCLUDING THE FIND A SURGEON DIRECTORY, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR AVAILABILITY. AAGL DOES NOT WARRANT THE COMPETENCE, CREDENTIALS, LICENSURE, OR OUTCOMES OF ANY LISTED SURGEON, OR THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions above apply only to the extent permitted.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AAGL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, VOLUNTEERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR ANY INTERACTION WITH A LISTED SURGEON, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, AAGL IS NOT LIABLE FOR ANY ACT, OMISSION, ADVICE, DIAGNOSIS, TREATMENT, BILLING, OR OUTCOME OF ANY SURGEON OR HEALTHCARE PROVIDER YOU CONTACT THROUGH OR LEARN ABOUT FROM THE FIND A SURGEON DIRECTORY. ANY ENGAGEMENT WITH SUCH A PROVIDER IS SOLELY BETWEEN YOU AND THAT PROVIDER.

IN NO EVENT SHALL AAGL'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100), OR THE AMOUNT YOU PAID TO AAGL FOR USE OF THE SITE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation of certain damages; in those jurisdictions, liability is limited to the fullest extent permitted.

16. Indemnification

You agree to indemnify, defend, and hold harmless AAGL and its officers, directors, employees, members, volunteers, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

17. Termination

We may suspend or terminate your access to the Site at any time, with or without cause and with or without notice. Sections that by their nature should survive (including ownership, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous) will survive termination.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, excluding its conflict-of-laws rules. Subject to Section 19 (Dispute Resolution), the state and federal courts located in [Florida county for venue, e.g., Miami-Dade County or county of AAGL's principal office] shall have exclusive jurisdiction over any dispute not subject to arbitration. You consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum.

19. Dispute Resolution; Arbitration; Class Waiver

[Counsel: this section is a recommended risk-mitigation device. AAGL must decide whether to adopt it. If adopted, conspicuous disclosure (bold, all caps, or call-out box) is recommended and the clause should be revisited periodically against current case law.]

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION.

19.1 Informal resolution. Before initiating a formal proceeding, the parties will attempt in good faith to resolve any dispute by negotiation. You agree to send written notice describing the dispute to AAGL at [dispute notice email and address] and to allow 60 days for resolution.

19.2 Binding arbitration. Except for the carve-outs in Section 19.4, any dispute arising out of or relating to these Terms or the Site shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be conducted in [Florida county for venue], or remotely at your election. The arbitrator's award may be entered in any court of competent jurisdiction.

19.3 Class action waiver. YOU AND AAGL AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

19.4 Carve-outs. Either party may bring (a) an individual action in small claims court for claims within that court's jurisdiction, and (b) an action in court to seek injunctive or other equitable relief for actual or threatened infringement, misappropriation, or violation of intellectual property rights.

19.5 Opt out. You may opt out of this arbitration agreement by sending written notice to [opt-out email/address] within 30 days of first accepting these Terms.

19.6 Severability. If the class action waiver is found unenforceable as to a particular claim, that claim shall be severed and decided in a court of competent jurisdiction under Section 18, while the remainder of the dispute resolution provisions remain in effect.

20. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through a banner notice on the Site or another reasonable means. Your continued use of the Site after changes become effective constitutes acceptance.

21. Miscellaneous

• Entire agreement: These Terms, the Privacy Policy, and the Medical Disclaimer constitute the entire agreement between you and AAGL regarding the Site.
• Severability: If any provision is unenforceable, the remaining provisions remain in effect.
• No waiver: Failure to enforce any right is not a waiver of that right.
• Assignment: You may not assign these Terms. AAGL may assign them in connection with a merger, restructuring, or organizational change.
• Notices to you: may be provided by posting on the Site, email to an address you provided, or other reasonable means.
• Force majeure: AAGL is not liable for delays or failures due to events beyond its reasonable control.

22. Contact

AAGL [AAGL HQ address] Email: [general legal contact, e.g., legal@aagl.org] Phone: [AAGL phone]