Terms & Conditions

Please read these Terms of Use (“Terms”) carefully before accessing and/or using the websites at herplan.org and directory.herplan.org (“Site”), owned and operated by the Pregnancy and Life Assistance Network, a product of the Susan B. Anthony List Education Fund, Inc. (“Her PLAN”, “us”, “we”, “our”). By accessing and/or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access and/or use the Site. Any objection to these Terms, or any part therefore, will be interpreted as a refusal to agree to these Terms.   

HER PLAN reserves the right to make changes to this Terms at any time and at our discretion. Any new feature or tools which are added to the Site shall be subject to this Terms, as amended. New versions of  this Terms will not apply retroactively, but shall immediately replace and supersede the previous Terms upon posting. Your continued access and use of the Site, or any part thereof, following the posting of the revised Terms means that you accept and agree to the changes.

In addition to the restricted uses outlined in Section 6 below, organizations that advocate for public policy positions that are adverse to Her PLAN, including but not limited to organizations that advocate for certain access to abortion services, are prohibited from reproducing, copying any part of, screenshotting, or using any part of the Site, including without limitation information, documents (such as directories, guidebooks, or other materials) and other content contained on the Site.

For media inquiries, please contact Prudence Robertson at probertson@sbalist.org for permission to reproduce or make copies of any part of the Site, including without limitation, any of the information, documents (such as directories, guidebooks, and other materials) and other content contained on the Site.

YOU AGREE THAT DISPUTES BETWEEN YOU AND US CONCERNING YOUR USE OF THE SITE AND/OR HOW OUR SITE OPERATES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FOR MORE DETAILS ON THIS PROCESS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE SECTION 24 BELOW.

By accessing and/or using the Site, you represent that you are at the age of consent in the jurisdiction in which you access and/or use the Site, to create an account and use the Site. Her PLAN is not directed to children under the age of 13. By creating an account and using the Site, you represent and warrant that:

• You can form a binding contract with HER PLAN
• You are not a person who is barred from using HER PLAN under the laws of the United States or any other applicable jurisdiction (i.e., you do not appear on the U.S. Treasury Department list of Specially Designated Nationals or face any other similar prohibition
• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

Notice to Parents. If you have any concerns about Her PLAN or its related services, please contact us at info@herplan.org .

By accessing and/or using the Site, you agree not to:

• Use the Site for any purpose that runs contrary to these Terms.
• Use the Site in any manner contrary to local, state, federal, or international laws.
• Use the Site for any commercial purpose without our prior consent.
• Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted materials, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Site without our prior consent.
• Express or imply that any statements you make are endorsed by Her PLAN.
• Use any robot, bot, spider, crawler, scraper, site search/retrieval application proxy or other manual or automatic device method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or their content
• Upload viruses or other malicious code or otherwise compromise the security of the Site.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Site.
• “Frame” or “mirror” any part of the Site without our prior written consent.
• Use meta tags or code or other devices containing any reference to Her PLAN (or any trademark, trade name, service mark, logo or slogan of Her PLAN) to direct any person to any other website for any purpose.
• Use or develop any third-party application that interacts with the Site without our prior written consent.
• Probe, scan, or test the vulnerability of our Site or any system or network.
• Encourage or promote any activity that violates this Terms.

Our Site may contain links to third-party websites or services that are not owned or controlled by Her PLAN. Her PLAN has no control over, and assumes no responsibility for the content, accuracy, privacy policies, or practices of any third-party website or services so linked. Her PLAN strongly urges you to read the terms and conditions and privacy policies of any third-party website or services you visit.

By agreeing to this Terms, you also confirm that you have read and understand our Privacy Policy, available here.

In alignment with the Digital Millennium Copyright Act (“DMCA”), we have established the procedure outlined below to address any alleged copyright infringement on the Site. If you believe your work has been copied and has been posted on the Site in a way that constitutes copyright infringement, you may provide us with notice of your complaint by contacting us with the following information, in writing:

• The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit us to locate the material;
• Your name, address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

After receiving a notification, we will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.

Her PLAN is always striving to improve its Site and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time, as well as remove some features. If these actions do not materially impact your rights or obligations, we may not provide you with notice of these changes before making them. We may also suspend the Site entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

Her PLAN does not endorse any content promoted through the use of the Site, and is not responsible or liable for any content or results on the Site, even if such results could be unlawful, harassing, libelous, violate privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. Her PLAN reserves the right in its sole discretion to refuse, edit, move, or remove any content that is available through the Site.

You acknowledge that the Site and all materials on the Site, including without limitation to the Site’ design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof (collectively, “Materials”) are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, and logos contained on the Site, including without limitation to trademarks registered in the United States (collectively, “Marks”) are the sole property of Her PLAN. In addition, all page headers, custom graphics, and custom icons are Marks of Her PLAN.

Subject to the limitations stated herein regarding the use of the Site, and copying materials on the Site, Her PLAN grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Site. This license is for the sole purpose of letting you use and enjoy the Site as intended by Her PLAN, and as permitted by this Terms. All rights not expressly granted herein are reserved by Her PLAN. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Site references to third parties or their copyrights, trademarks, or other intellectual property do not constitute or imply affiliation with, endorsement of, or recommendation of Her PLAN by the respective trademark owner(s), or by Her PLAN of the respective trademark owner(s).

You acknowledge that the Site and all materials on the Site, including without limitation to the Site’ design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof (collectively, “Materials”) are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, and logos contained on the Site, including without limitation to trademarks registered in the United States (collectively, “Marks”) are the sole property of Her PLAN. In addition, all page headers, custom graphics, and custom icons are Marks of Her PLAN.

Subject to the limitations stated herein regarding the use of the Site, and copying materials on the Site, Her PLAN grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Site. This license is for the sole purpose of letting you use and enjoy the Site as intended by Her PLAN, and as permitted by this Terms. All rights not expressly granted herein are reserved by Her PLAN. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Site references to third parties or their copyrights, trademarks, or other intellectual property do not constitute or imply affiliation with, endorsement of, or recommendation of Her PLAN by the respective trademark owner(s), or by Her PLAN of the respective trademark owner(s).

Under no circumstances shall Her PLAN be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.

EXCEPT WHERE PROHIBITED BY LAW, YOU AND HER PLAN AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND HER PLAN (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other), relating to our Site, or Content or Marks published by Her PLAN on the Site, any transaction or relationship between us resulting from your use of our Site, communications between us, the information provided in connection with our Site, and INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY INTERNATIONAL, FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW.

THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A DELAWARE STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").

The following procedures shall apply:
In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail and shall describe in such notice, with reasonable particularity, the nature and basis of such claim and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available online at www.adr.org. Unless otherwise agreed, the arbitration shall take place in Arlington County, Virginia, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).

BY AGREEING TO THIS ARBITRATION TERMS, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.

Separate and apart from these Terms to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this Terms. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the Terms to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ Terms to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION TERMS, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST HER PLAN, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION TERMS AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITE.

This Terms will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws provisions or the laws of your state. If for any reason a court of competent jurisdiction or arbitrator finds any provision or portion of this Terms to be unenforceable, the remaining portion of this Terms will continue in full force and effect.

This Terms are effective until terminated either by Her PLAN or you. We, in our sole discretion, may suspend or terminate this Terms at any time with or without prior notice, and may deny you access to the Site or any portion thereof as a result. You may also terminate this Terms at any time by discontinuing your use of the Site and terminating your account. Upon termination of this Terms by us or you, you must destroy all materials obtained from the Site, including any and all copies of such materials whether made under this Terms or otherwise.

You may not assign this Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Terms will be binding upon, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns

These Terms constitute the entire Terms between you and Her PLAN. If any part of this Terms are determined to be invalid or unenforceable, then such 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 allocation or risks, and the remainder of this Terms will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or delay in exercising any right, power or privilege under this Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. You agree that your Her PLAN account is non-transferable and all of your rights to your account terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Terms, and you may not make any representations on behalf of or bind Her PLAN.

If you have any questions about this Terms, contact us at info@herplan.org