This is a binding agreement ("Agreement") between the Philippine Association of Speech Pathologists (“PASP”) and you, the user ("You" or "Your"). PASP's Web Site, www.pasp.org.ph, is offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By using PASP's Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
The information and materials available through PASP's Web Site is for informational and educational purposes only and is not a substitute for the professional judgment of health care professionals in diagnosing and treating clients. The medical, scientific, and general information included on PASP's Web Site may reflect innovations and opinions not universally shared, and does not necessarily reflect the view of PASP. PASP AND PASP'S WEB SITE, INCLUDING WITHOUT LIMITATION PASP'S WEB SERVICES, DO NOT GIVE MEDICAL ADVICE, OR PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH PASP'S WEB SITE, INCLUDING WITHOUT LIMITATION ON PASP'S WEB SERVICES, IS SOLELY AT YOUR OWN RISK.
As a condition of Your use of PASP's Web Site, You represent and warrant to PASP that You will not use PASP's Web Site for any unlawful purpose or in any manner prohibited by this Agreement's terms, conditions or notices. You represent and warrant that You will not use PASP's Web Site in any manner, which could damage, disable, overburden or impair PASP's Web Site or interfere with any other party's use and enjoyment of PASP's Web Site. The PASP Members Only portion of PASP's Web Site ("Members Only Site") will be accessible only to dues paying members of PASP ("Members"). All Member information provided to PASP and posted on PASP's Web Site, including without limitation name, title, address, phone number, fax number, and email address, must be reasonably current, accurate and complete. If PASP at any time discovers any error or omission in the information You provide, PASP may in its sole discretion terminate Your right to access and use of the Members Only Site by any Member. You may not permit anyone other than Yourself to use Your PASP Member information to access any portions of PASP's Web Services which are restricted to Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You as a result thereof. PASP's Web Site may contain chat areas, forums, news groups, bulletin board services and other facilities that permit You to communicate with other PASP Members. You agree to use these only to post, send and receive messages and materials that are appropriate and related to the facility or service. By way of example, and not as a limitation, You agree that when using the PASP Web Site, You will not:
PASP has no obligation to screen or monitor PASP's Web Site; however, PASP reserves the right to review information or materials posted to PASP's Web Site, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of PASP's Web Site. PASP reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from PASP's Web Site, including without limitation any information or materials posted through use of PASP's Web Services, regardless of whether such material does or does not violate this Agreement or any of PASP's policies, guidelines, or other codes of conduct which are applicable to PASP's Web Site or in particular to one of PASP's Web Services.
PASP DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY OF PASP'S WEB SERVICES, AND PASP SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO PASP'S WEB SERVICES. PASP DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON PASP'S WEB SERVICES UNLESS IT IS PROVIDED BY AN AUTHORIZED PASP SPOKESPERSON, PASP OFFICER, AND/OR PASP TRUSTEE. ANY STATEMENTS MADE ON PASP'S WEB SERVICES REFLECT ONLY THE VIEWS OF THEIR AUTHORS, AND YOUR RELIANCE ON ANY SUCH CONTENT IS AT YOUR OWN RISK. PASP'S WEB SERVICES WILL BE MANAGED OR HOSTED BY EITHER OFFICERS OR MEMBERS OF PASP, WHO ARE NOT AUTHORIZED PASP SPOKESPERSONS, AND THEIR VIEWS OR ACTIONS IN MANAGING OR HOSTING PASP'S WEB SERVICES DO NOT NECESSARILY REFLECT THOSE OF PASP.
The Members Only Site is intended by PASP to require a user identification and password to access and use. Certain PASP Web Services may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the user identification, passwords and codes ("Member Information") assigned to You; (2) charges, damages or losses that may be incurred or suffered as a result of Your or Your personnel's failure to maintain the strict confidentiality of Member Information; and (3) promptly informing PASP in writing of any need to deactivate or replace any Member Information due to security concerns. PASP is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify PASP immediately as soon as You become aware of any unauthorized use of Your Member Information.
PASP's Web Site and the content displayed on PASP's Web Site and all software, data and information used to provide PASP's Web Site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to PASP, its affiliate and licensees and are protected by the copyright laws of the Philippines and other countries. The compilation of the content on PASP's Web Site is the exclusive property of PASP and is protected by the copyright laws of the Philippines and other countries. PASP does not claim ownership of the individual materials or information You may provide to PASP, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions to PASP’s Web Site including without limitation any of PASP's Web Services. However, if You provide such materials or information to PASP:
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from PASP's Web Site, without the prior written permission of PASP.
PASP grants You the limited and nonexclusive right and license to access or download content from PASP's Web Site solely for Your personal and non-commercial use and as necessary in connection with the use of any services available through PASP's Web Site. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use PASP's Web Site or any elements thereof. All rights not expressly granted to You by us in this Agreement are reserved to PASP and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from PASP's Web Site as authorized hereunder. Any rights not expressly granted herein are reserved.
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to PASP's names, logos, logotypes, trade dress, designs, or other trademarks.
PASP's Web Site may contain links to third party Web Sites. The third party Web Sites are not under the control of PASP, and PASP is not responsible for the contents of any third party Web Sites, and the inclusion of any link is as a convenience and does not imply endorsement by PASP of the sites or any association or relationship with its operators.
PASP reserves the right in its sole discretion to terminate Your access to PASP's Web Site, including without limitation PASP's Web Services, at any time without notice for any reason whatsoever.
Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.
PASP reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH PASP'S WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. PASP MAY MAKE IMPROVEMENTS OR CHANGES TO PASP'S WEB SITE AT ANY TIME. ADVICE RECEIVED VIA PASP'S WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.
PASP MAKES NO REPRESENTATIONS ABOUT PASP'S WEB SITE, INCLUDING, WITHOUT LIMITATION, PASP'S WEB SITE'S SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH PASP'S WEB SITE. PASP PROVIDES PASP'S WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PASP DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO PASP'S WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH PASP'S WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF PASP'S WEB SITE IS TO DISCONTINUE USING PASP'S WEB SITE. IN NO EVENT AND UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL PASP BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF PASP'S WEB SITE, WITH THE DELAY OR INABILITY TO USE PASP'S WEB SITE OR PASP'S WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH PASP'S WEB SITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF PASP'S WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PASP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO, AND IN PARTICULAR, IN NO EVENT SHALL PASP BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON OR THROUGH PASP'S WEB SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH PASP'S WEB SITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.
YOU AGREE TO INDEMNIFY PASP FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF PASP'S WEB SITE, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS, AND THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS. PASP WILL NOTIFY YOU OF ANY CLAIM FOR WHICH PASP SEEKS INDEMNIFICATION AND WILL AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR PARTICIPATION WILL NOT BE CONDUCTED IN A MANNER PREJUDICIAL TO PASP'S INTERESTS, AS REASONABLY DETERMINED BY PASP AT ITS SOLE DISCRETION.
This Agreement is governed by the laws of the PHILIPPINES. You hereby consent to the exclusive jurisdiction and venue of courts in the Philippines in all disputes arising out of or relating to the use of PASP's Web Site. Use of PASP's Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and PASP as a result of this Agreement or use of PASP's Web Site, including, without limitation, PASP's Web Services.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, 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 Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and PASP with respect to PASP's Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and PASP with respect to PASP's Web Site, including without limitation to PASP's Web Services.
Notices given by PASP to You will be given by a general posting on PASP's Web Site or by an e-mail, if an e-mail address is available. Notices given by PASP to Members may also be given by conventional mail.
PASP may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member without the prior written consent of PASP.
Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.