TERMS AND CONDITIONS OF USE WHO WEBSITES
By accessing or using any of the WHO Internet properties including, without limitation, www.india.whousa.org, and any others released by the WHO from time to time (collectively referred to as the “WHO websites”) you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully as well as the WHO’s Privacy Policy and Code of Conduct, which are incorporated by this reference. If you do not agree to these Terms of Use, the Privacy Policy and Code of Conduct, you must immediately terminate your use of the WHO websites.

You may print or save a copy of these Terms of Use for your records.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the WHO websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the WHO websites and the WHO Content (as defined below) for your noncommercial personal use and for no other purpose. The WHO reserves the right to bar, restrict or suspend any user’s access to the WHO websites, and/or to terminate this license at any time for any reason. The WHO reserves any rights not explicitly granted in these Terms of Use.

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive the WHO’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the WHO websites, any WHO Content (as defined below), or any portion thereof. Further, you may not (i) use the WHO websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the WHO websites, including WHO Content; (ii) interfere with the proper working of the WHO websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the WHO websites.

3. Your Acceptance; Revisions to Terms of Use. The WHO websites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the WHO regarding your use and access to the WHO websites. By using the WHO websites, you agree to the Terms of Use. The WHO reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the WHO websites. Your use of the WHO websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the WHO websites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 26, shall apply to a controversy or claim of which the WHO had actual notice on or before the date of any such revision.

4. Additional Terms and Conditions. The WHO’s Privacy Policy, Code of Conduct, as well as additional terms and conditions applicable to certain portions of the WHO websites (collectively “Additional Terms and Conditions”) are incorporated by this reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

5. Click-Through Agreements. Before using certain areas of the WHO websites, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.

6. Personal Login Information. Certain features and areas of the WHO websites are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. The WHO is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact WHO immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

7. Privacy Policy. For information about the WHO’s data protection practices and the WHO’s use and protection of your personal information, please read the WHO’s Privacy Policy which is incorporated into and made a part of these Terms of Use.

8. Registration Fee Non-Refundable Policy. The registration fee is an essential component of the services provided by the WHO, enabling us to maintain and enhance the quality of our programs, initiatives, and resources. We appreciate your understanding that the registration fee is non-refundable. By completing the registration process, you agree to abide by the following terms:
• Non-Refundable Nature: The registration fee is non-refundable under any circumstances, including but not limited to withdrawal from the event, cancellation of participation, or any other reasons that may hinder your involvement.
• Financial Planning: The non-refundable nature of the registration fee is integral to our financial planning and ensures a steady and reliable source of funding for WHO activities. This stability allows us to deliver impactful programs that benefit individuals and communities across the globe.
• Exceptional Circumstances: In rare cases where WHO cancels an event, and you have already paid the registration fee, we will communicate alternative arrangements or options available, including potential refunds if applicable.

9. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the WHO websites and not interfere with the use and enjoyment of the WHO websites by other users or with the WHO’s operation and management of the WHO websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the WHO websites, including, without limitation, information required to be provided through an WHO registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the WHO reserves the right to terminate your access and use of the WHO websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the WHO websites, or defame or otherwise harm any party, including the WHO, through your use of the WHO websites.

10. User-Generated Content. The WHO does not claim ownership of content that you post on or through the WHO websites, such as comments or posts that you submit on forums, blogs, or other websites (“User-Generated Content”). When submitting User-Generated Content, you will abide by the Code of Conduct. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to the WHO a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to the WHO’s Privacy Policy.

11. Proprietary Rights. The content of the WHO websites includes, without limitation, (i) the WHO’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “WHO Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the WHO websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “WHO Content”). WHO Content is the property of the WHO, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any WHO Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the WHO or the owner of such content if the WHO is not the owner. Any use of the WHO Marks without the WHO’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the WHO Content, including any such notices appearing on any WHO Content you are permitted to download, transmit, display, print, or reproduce from the WHO websites.

12. Feedback. If you send or transmit any communications or materials to WHO by mail, email, telephone, or otherwise, suggesting or recommending changes to WHO intellectual property, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), WHO is free to use such Feedback irrespective of any other obligation or limitation between you and WHO governing such Feedback. You hereby assign to WHO all right, title, and interest in, and WHO is free to use without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although WHO is not required to use any Feedback.

13. Responsibility for Use of the Internet and the WHO websites. Use of the Internet and the WHO websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. The WHO does not guarantee the confidentiality or security of any communication or other material transmitted to or from the WHO websites over the Internet or other communication network. The WHO shall not be obligated to correct or update the WHO websites, the WHO Content or the User-Generated Content and the WHO shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the WHO websites.

14. Disclaimer. WHO Content is provided for informational purposes only, is believed to be current and accurate at the time of posting, and is not intended as, and should not be construed to be, legal, financial, or consulting advice. References and links to third parties do not constitute an endorsement or warranty by the WHO and WHO hereby disclaims all express and implied warranties of any kind.

15. WHO Surveys. From time to time, you may participate in a survey conducted by or on behalf of the WHO using one or more assessment tools (each, a “Survey” and collectively, the “Surveys”). If a Survey includes terms of participation that are specific to such Survey, those terms of participation specific to the Survey shall prevail in all instances unless the specific terms are silent on a topic addressed by these Terms of Use. Surveys allow you to submit and transmit responses and other content in response to Survey questions (“User Contributions”). WHO and WHO-authorized designees, including the third party that hosts the Survey and User Contributions (collectively “WHO Designees”) may use data collected from Surveys in accordance with these Terms of Use, but only for activities related to the WHO’s mission, as determined in WHO’s sole discretion (the “Scope”). Your User Contributions may be shared with third parties in an aggregated manner for research, organizational insights, and other activities within the Scope. These Terms of Use govern the Surveys and your User Contributions. By participating in one or more Surveys, you irrevocably agree to be bound by the terms and conditions in these Terms of Use and to the WHO’s interpretation of these terms and conditions. If you object to these terms, your only remedy is to discontinue your participation in the Surveys. All User Contributions you make are considered User-Generated Content, as defined in Section 10. User Contributions will not be returned. By participating in one or more Surveys and providing User Contributions, you authorize, consent, acknowledge, and permit the WHO and WHO Designees to access, receive, collect, create, use, store, reproduce, modify, analyze, transmit, and disclose your User Contributions, including personal data that may be identifiable to you, in accordance with these Terms of Use for purposes within the Scope. You are wholly responsible for your participation in any Survey and for User Contributions and you participate at your own risk. You represent and warrant that you own or control all rights in and to the User Contributions and have the authority to provide the rights above to the WHO, and that all of your User Contributions do and will comply with the Privacy Policy. You acknowledge that the WHO is not responsible for, and accepts no liability in relation to, your participation in a Survey, any User Contribution you transmit or post, the disclosure of any User Contribution in accordance with these terms and conditions, or your conduct in connection with a Survey.

16. Third Party Information. The WHO websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of the WHO websites are those of the respective third party and not of the WHO or its affiliates. The WHO makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

17. Advertisers. The WHO websites may contain advertisements of third parties. The inclusion of advertisements on the WHO websites does not imply endorsement of the advertised products or services by the WHO. The WHO shall not be responsible for any loss or dWHOge of any kind incurred as a result of the presence of such advertisements on the WHO websites. Further, the WHO shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the WHO websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

18. Links to Third Party websites. The WHO websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which the WHO exercises no control. The appearance of any such third party links (provided by the WHO or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the WHO websites, you do so entirely at your own risk.

19. Links to WHO websites and WHO Content. Links posted by third parties to the WHO websites and/or WHO Content may not use the WHO trademark or logo and shall not suggest that the WHO promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the WHO websites shall be the responsibility of the linking party. The WHO reserves the right to require any linking party to disable or remove any link that violates the WHO’s rights or causes interruption or deterioration of WHO Content.

20. Communications. By giving us your phone number, you authorize us to send text messages (via autodialers or similar technologies) to the phone number(s) you have provided to us for the purposes of members and non-members will receive membership renewal reminders, special dues offers and breaking health care news. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. WHO does not charge you to receive them, but standard text messaging rates from your wireless carrier may apply. Any costs related with receiving a text message are the responsibility of you and/or the individual receiving it. To opt out of the texting service, respond to a text from the WHO with the word STOP to stop receiving text messages. Please note that you may receive a follow-up message in order to confirm your request. To discontinue receiving SMS messages, text STOP to . For additional help, text HELP to, solutions@whousa.org or call +1 (646) 247-1424. We respect your right to privacy.

21. Warranties Disclaimed. THE WHO WEBSITES AND WHO CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE WHO, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “WHO PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE WHO WEBSITES OR WHO CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE WHO WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WHO WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) WHO CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE WHO WEBSITES. 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.
22. Limitation of Liability. THE WHO PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DWHOGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DWHOGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE WHO WEBSITES AND/OR ANY WHO CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE WHO WEBSITES AND/OR WHO CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WHO WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WHO WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WHO WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE WHO WEBSITES ARISING OUT OF CAUSES BEYOND THE WHO’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE WHO CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE WHO WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE WHO WEBSITES OR WHO CONTENT. In the event you are dissatisfied with, or dispute, these Terms of Use, the WHO websites and/or the WHO Content, your sole right and exclusive remedy is to terminate your use of the WHO websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that the WHO has no other obligation, liability or responsibility to you or any other party.

23. Exclusions permitted by law. SOME JURISDICTIONS (BUT NOT NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DWHOGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DWHOGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND WHO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

24. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the WHO Parties from and against all claims arising from or in any way related to your use of the WHO websites and/or WHO Content, a violation by you of these Terms of Use, or any other actions connected with your use of the WHO websites and/or WHO Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. The WHO 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 WHO Parties other than under this Section.

25. Term and Termination. These Terms of Use will take effect at the time you begin using the WHO websites. The WHO reserves the right, with or without notice, at any time and for any reason to deny you access to the WHO websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use the WHO website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the WHO websites, including any WHO Content, in your possession.

26. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these i) Terms of Use, ii) Additional Terms and Conditions, iii) the WHO websites, and iv) any products and services accessed or purchased through the WHO websites shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Chicago, Illinois. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. The WHO reserves all rights and remedies available to it in law or equity. Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.

27. Governing Law. These Terms of Use and all matters regarding your use of the WHO websites shall be governed by, construed in accordance with, and enforced under the laws of the State of Illinois applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

28. Waiver and Severability. The failure of the WHO to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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.

29. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the WHO relating to the WHO websites and its use by you, and supersedes any previous written or oral communication regarding use of the WHO websites.

30. 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 WHO websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

31. Use of WHO websites and WHO Content outside of the United States. The WHO makes no claims regarding access or use of the WHO websites or the WHO Content outside of the United States. If you use or access the WHO websites or the WHO Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.

32. Forfeiture of Legal Rights: All the persons who browse the website www.whosusa.org will forfeit their Legal Rights to file Law Suit/S in the Court of Law at Home or Abroad. In the event of any Grievance/s or Problem/s, you are requested to communicate in writing to president@whousa.org for the redressal of your Grievance/s or Problem/s. The Decision of the President in Final and Binding on all the concerned parties.

33. Volunteer Service: The term “volunteer” means an individual performing the assigned service to the WHO or for www.whousa.org or www.whousa.org will not receive any compensation.

34. Unsubscribing: We respect your privacy and your right to control the communications you receive from us. If you no longer wish to receive updates, newsletters, or promotional emails from our website regarding our advocacy for WHO, you can easily unsubscribe by mailing us at unsubscribe@whousa.org. Please note that it may take a few days for your request to be processed, during which time you may still receive communications from us. We appreciate your patience and understanding.