Disclaimers & Policies

1. General; Purpose; and Acceptance of Terms and Conditions

a. General. This Site is for the use of the general public, registered participants (“Participants") and approved researchers (“Researchers”) (all three audiences are collectively the “Users”) of PregSource™. Use of the PregSource™ website and app (collectively referred to as the “Site”) is governed by the following terms and conditions (the “Terms and Conditions”) and the Privacy Policy (the “Privacy Policy”), both of which you should read before using the Site. All pages within the Site are owned by the National Institutes of Health (NIH), an agency of the U.S. Government.

b. Purpose. The purpose of the Site is to allow women who are pregnant to voluntarily provide information related to their pregnancies to the Site’s database.

All personally identifiable information provided by the participant is maintained in a secure database and will never be shared without the participant’s express consent, unless otherwise required by law. However, participants and approved researchers will be able to view de-identified information that is available on the Site’s database.

c. Acceptance of Terms and Conditions. By using the Site, you accept and agree that you have read all of the Terms and Conditions and the Privacy Policy, understand them, and that you agree to and have the legal capacity to be bound by them. These Terms and Conditions constitute a legal agreement between you and the NIH.

The NIH reserves the right to modify these Terms and Conditions at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review the Terms and Conditions periodically for any updates or changes. You understand and agree that your continued access to or use of the Site after the effective date of any modifications to the Terms and Conditions or Privacy Policy indicates your acceptance of the modifications.

2. Ownership

All PregSource™-generated content available on the Site, including without limitation, any information, photographs, images, video, audio, graphics, or text on the Site (“Content”), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of the NIH for use in PregSource™ with the permission of the owner of such content. You agree to abide by all applicable laws and any additional restrictions set forth on the Site in relation to the Content.

3. Use of the Site

a. Legal Capacity. You may use the Site if you: (i) are at least eighteen (18) years old; and (ii) have the capacity to enter into these Terms and Conditions; and (iii) agree to be bound by these Terms and Conditions.

b. Lawful Use. You agree to use the Site for lawful purposes only. You agree to comply with all federal, state, and local laws applicable to the use of this Site and not use the Site to engage in any prohibited conduct, including conduct: (i) that is unlawful, infringing, tortious, fraudulent, abusive, harassing, or otherwise harmful to the PregSource™ Site or any participant or property; (ii) that violates intellectual property, privacy, or other rights; or (iii) that otherwise interferes with the operation, use, or enjoyment of PregSource™. Any information provided by you in connection with use of the Site: (1) shall not be false, fraudulent, inaccurate, or misleading; (2) shall not be obscene or indecent; (3) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (4) shall not infringe on any of NIH’s or other third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (5) shall not be defamatory, libelous, unlawfully threatening, or harassing; and (6) shall not create liability for the NIH or cause the loss of the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the Site, including but not limited to unsolicited email, also called spam.

c. Website for Allowable Activities only. The general public may access only the public portions of the Site that do not require password access. Participants can use the Site to register or update a registration and, once registered, to submit requested information (“Data”) and view aggregated, de-identified information. Approved researchers can use the Site to search de-identified data and conduct other activities specified in an approved Data Use Agreement. Taken together, these User activities constitute the “Allowable Activities” for this Site.

Use of the Site’s content, including content from third parties, shall abide by all applicable federal, state, and local laws.

Users shall not attempt to re-identify any of the de-identified information from the Site.

d. No Unauthorized Use. You may not attempt to gain unauthorized access to this Site or any services, other accounts, computer systems, or networks connected to any server or to any of the services, through hacking, password mining, or any other means.

4. User Conduct and Responsibility

a. Security. You are solely responsible for the security of your password and your account, and are fully responsible for all activities that occur and require the use of your password or account, with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify PregSource™ of any unauthorized use of your password or account or any other breach of security.

The NIH will not be liable for any loss or damage arising from your failure to comply with this section. You agree not to: (i) gain or attempt to gain unauthorized access to the Site or to information contained in non-public sections of the Site; (ii) obtain or attempt to obtain confidential, proprietary, and/or personal information about any other participant that is stored on the Site; (iii) distribute passwords to unregistered or unauthorized users; or (iv) make any unauthorized use of the Site or information accessible on the Site.

b. Participant Submitted Content. You acknowledge and agree that, upon creation of a profile on the Site and registration, your de-identified content may be available for viewing by other registered users, project coordinators, or approved researchers, as de-identifiable data only for research, statistical, study, and other evaluation purposes. You understand that you may stop participating in PregSource™ at any time. You can also ask for your data to be removed, but any of your data that has already been de-identified submitted cannot be removed. PregSource™ is not in any way associated with or responsible for content posted on or transmitted to the Site by users, including but not limited, to participant submissions. PregSource™ has the right, but not the obligation, to monitor content posted on or transmitted to the Site for any reason, and reserves the right to: remove anything that is, in its sole discretion, unacceptable, inappropriate, or not in compliance with these Terms and Conditions; disclose data to law enforcement agencies or authorities who may investigate reports of misuse or abuse of this Site; and terminate any participant’s access to the Site at any time without prior notice.

Each user acknowledges and agrees that PregSource™ is not required to edit or review any information or content posted, submitted, or otherwise transmitted by participants. However, PregSource™ reserves the right, in its sole discretion, to verify and correct any errors, inaccuracies, or omissions in any portion of the Site or content posted, submitted, or otherwise transmitted, and all such content may be subject to PregSource™ approval. PregSource™ reserves the right, at any time, for any reason, to reject, suspend, cancel, or remove content, and neither PregSource™, nor its employees, consultants, or other agents will have any liability for taking such actions.

c. User Submitted Content. You are responsible for any content you post, publish, display, or otherwise transmit to the Site. You agree not to transmit or otherwise make available on the Site any personal information of any other individual or any material protected by copyright, trademark, publicity, privacy, or other proprietary right without the express permission of such individual or the owner of such rights, respectively. The burden of determining that transmission of the information is permissible, or that the material is not protected by such rights, is on you. You shall be solely liable for, and shall indemnify and hold the NIH harmless for, any damages resulting from any infringement of copyrights, trademarks, proprietary rights, violation of privacy or publicity rights, or any other harm resulting from your submissions to, or transmission of information from, the Site.

By submitting material to any area of the Site, you expressly grant to PregSource™ a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute your de-identified information (in whole or in part) worldwide, in accordance with the Privacy Policy. Participants may report abuses of the Site to the PregSource™ Coordinator with sufficient detail identifying the abusive conduct or content, so that the NIH may determine, in its sole discretion, whether to take action with respect to such alleged abuse. You agree to be solely responsible for exercising caution, discretion, common sense, and judgment in using and accessing the Site and all content contained therein. You are solely responsible for any equipment necessary to access and use the Site.

d. Cooperation. You agree to cooperate fully with PregSource™ to investigate any suspected or actual activity that is in breach of these Terms and Conditions or the Privacy Policy.

e. Research Studies, Clinical Trials, and Other Developments. It is the responsibility of all participants to stay informed regarding clinical trials, research, and other developments of interest that they might learn of by being a participant of this Site. Although PregSource™ will attempt to distribute relevant information about relevant research studies and clinical trials to participants based on the information provided in participant profiles, PregSource™ assumes no responsibility for informing participants about all such studies and trials, and makes no guaranty as to the completeness or accuracy of such information.

PregSource™ assumes no responsibility for connecting any participant with the researcher conducting a research study or clinical trial, but will make every effort to inform participants about upcoming research studies or clinical trials. Furthermore, PregSource™ assumes no responsibility for ensuring a participant’s eligibility for, or participation in, any such study or trial. It is the responsibility of each participant to contact the relevant researchers and pursue participation in a study or trial. It is also the responsibility of the participant to provide separate informed consent for any particular study in which they might take part.

The value and relevance of the information provided by PregSource™ is directly linked to the information provided by participants in their respective profiles, registration, and data. It is your responsibility to provide complete and accurate information, and to update your profile information as appropriate, so that you can receive relevant and current information.

f. Risk of Using the Site and the Internet. You assume total responsibility and risk for your use of the Site and the Internet. You acknowledge and agree that any uploads or transmissions you make to, from, or through the Site may be intercepted and used by an unauthorized third party, and that all of the risk associated with these activities is solely yours.

g. Links to Other Websites. The Site may contain links to other websites. PregSource™ is not responsible for the contents of any linked website, any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement by PregSource™. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses, and other items of a destructive nature.

5. Information Contained on the Site

a. In the course of using the Site, participants may provide information about themselves that may be visible, only after being anonymized, to other participants (see the Privacy Policy to learn more about information collected on the Site). You understand that by posting information on the Site or otherwise providing information to PregSource™, you are agreeing to allow PregSource™ to aggregate your anonymized data for use by registered and approved Users. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that PregSource™ will not be liable for any errors or omissions in any content. Additionally, PregSource™ cannot guarantee the authenticity of any data that participants may provide about themselves.

6. Disclaimer of Medical Advice

You understand and acknowledge that all users are responsible for their own medical care, treatment, and oversight. All of the content provided on the Site, including text, treatments, dosages, outcomes, charts, profiles, graphics, photographs, images, advice, messages, and forum postings are for informational purposes only, and are not intended to be a substitute for independent, professional medical judgment, advice, diagnosis, or treatment. The content is not intended to establish a standard of care to be followed by a user of the Site. You understand and acknowledge that you should always seek the advice of your physician or other qualified health provider with any questions or concerns you may have regarding your health, your pregnancy, or your baby’s health. You also understand and acknowledge that you should never disregard or delay seeking medical advice relating to treatment or standard of care, because of information featured on or transmitted through the Site.

7. Disclaimer of Warranties

The Site and its content are provided on an “as is” and “as available” basis. The NIH does not make any express or implied warranties, representations, or endorsements whatsoever (including, but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, the content, or any advice provided through the Site on the Internet generally. Some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. PregSource™ does not warrant that the Site will be uninterrupted or error-free, or that defects in the Site will be corrected, that any information contained on or transmitted through the Site is complete, accurate, or current, that user or other information will be completely secure from authorized access or disclosure, or that any information is free of viruses or other rogue programming.

8. Limitation of Liability

Under no circumstances shall the NIH or any of its partners, contributors, agents, employees, or any other party involved in creating, producing, or distributing the Site or providing content through the Site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages that result from: (i) the use of or inability to use the Site; (ii) any inaccuracies, errors, omissions, or lack of authenticity in the content; (iii) use of the content; (iv) the cost of procuring substitute merchandise, advice, and services resulting from use of the Site; (v) any loss, misuse, or unauthorized access to or alteration of information or materials transmitted to or contained on the Site; (vi) the alteration of information or materials transmitted to, or contained on, the Site; (vii) statements, advice, warranties, guarantees, or conduct of PregSource™ or any third party on the Site; or (viii) any other matter relating to the use of the Site. You hereby acknowledge that this paragraph shall apply to all content available through the Site.

Because some states may not allow the inclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the least amount permitted by law. The limitations of liability provided in this agreement inure to the benefit of the NIH and its respective partners, contributors, directors, employees, assigns, attorneys, and agents.

9. Indemnification

You agree to indemnify and otherwise hold harmless the NIH and its employees, agents, subsidiaries, and other partners from any and all liability, including any and all direct, indirect, incidental, special, consequential, or exemplary damages, and any and all costs and/or expenses (including reasonable attorneys’ fees) resulting from: (i) your use of the Site, including but not limited to your access to, submission of, or distribution of information to or from the Site; (ii) any misuse, unauthorized access to, disclosure, alteration, or destruction of the Site, information contained in the Site, and/or your communications with or through the Site, or (iii) any other matter relating to the Site. You understand and agree that the NIH may disclose information provided if, in its good faith belief, such disclosure is required by applicable law.

10. Copyright and Copyright Agent

The Site and the compilation (meaning selection, composition, and arrangement) of all of the content on the Site is the exclusive property of PregSource™ and protected by U.S. and international copyright law. PregSource™ reserves the right to remove any content, from any source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such content). Participants in PregSource™ agree to not take any action with respect to content of the Site that would violate the intellectual property rights of the NIH or the individual rights of other participants or partners. Participant submitted content contained on the Site may not be modified or sold in any form or by any means, in whole or in part, without the prior written consent of the NIH, to any third party. It is the sole responsibility of the participants and users to secure all necessary rights and permissions before downloading, reproducing, modifying, distributing, or otherwise using the content. If a participant or any other party feels that its work has been copied in a way that constitutes copyright infringement, that person should provide PregSource™ with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
  3. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Participants may contact PregSource™ for notice of claims of infringement on this Site by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it.

11. Trademarks and Severability

The name PregSource™, and other NIH logos and names are trademarks of the NIH. You agree not to display or use these trademarks in any manner without the NIH’s prior written permission. The section titles of these Terms and Conditions are displayed for convenience only and have no legal effect. If any provision of these Terms and Conditions are to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

12. General Practices Regarding Use and Storage

You agree that the NIH has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You further acknowledge that the NIH reserves the right to modify these general practices and limits from time to time.

13. Privacy

You agree that you have read and understand the terms of the Privacy Policy. This policy governs the collection, use, and sharing of personal and non-personal information from you when using the Site.

14. Termination

You agree that PregSource™ may, with or without cause and in its sole discretion, immediately terminate your account and access to the Site without prior notice. The following will lead to a termination by PregSource™ of a participant’s use of the Site: (a) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); and (d) unexpected technical issues or problems.

15. Communications from PregSource™

From time to time, PregSource™, the NIH, or other related entities will notify participants and Users about updates and other valuable information about the PregSource™ Site and related clinical and research information (see our Privacy Policy to learn more about communications). By using the PregSource™ Site, or registering to participate in PregSource™, participants may consent to being contacted by PregSource™, the NIH, or related entities, and to receiving such updates and information. Participants and Users acknowledge and agree to accept email transmissions from PregSource™ to continue to use the PregSource™ Site.

16. Fees

Signing up for an account is free.

17. Governing Law

Any disputes arising out of the use of the Site or these Terms and Conditions will be governed by United States Federal law as interpreted by the Federal courts in the District of Columbia.

18. Statute of Limitations

Any cause of action you may have with respect to use of the Site must be commenced within one (1) year after the claim or cause of action arises.

19. Contacting the PregSource™ Coordinator

If you have any medical, research, treatment, or patient referral questions, contact your doctor or health care professional. If you have questions about PregSource™, or to report violations of these Terms and Conditions, please email the PregSource™ Coordinator at: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Last revised: 7/20/2016