Data Use and Antitrust Policy American College of Obstetricians & Gynecologists and ACOG Foundation Websites
These terms (“Policy”) apply to all visitors and users (“Users”) of the American College of Obstetricians & Gynecologists (“ACOG”) and ACOG Foundation websites, portals, and pages that display or provide access to data, dashboards, analyses, reports, or tools, including but not limited to third-party hosted data (collectively, “ACOG Website Data”). By accessing or using any ACOG internet properties including, without limitation, www.acog.org and any others released by ACOG (collectively referred to as the “ACOG Websites”), you agree to comply with and be bound by ACOG’s Privacy Statement and ACOG’s Terms and Conditions of Use (“Terms of Use”) that is incorporated herein by reference. For avoidance of doubt, this Policy also applies to conduct occurring outside the ACOG website to the extent such conduct arises from, relies upon, or is reasonably attributable to a User’s access to or use of ACOG Website Data.
If you do not agree to these Terms of Use and the Privacy Statement, you must immediately terminate use of the ACOG Websites. If you have questions, concerns, or requests concerning your data or privacy, please email [email protected].
Purpose of ACOG Website Data; No Price Setting. ACOG Website Data is provided solely for educational, research, policy analysis, and informational purposes. It is not intended or permitted to be used to set, coordinate, stabilize, or influence the prices, fees, reimbursement rates, or other competitively sensitive terms of any health care provider, practice, payer, or other market participant. Any decisions informed by ACOG Website Data must be made independently by each User, without consultation, coordination, or agreement with any actual or potential competitor.
Prohibited Conduct (Antitrust Compliance). To avoid the purpose or effect of fixing prices, allocating markets or customers, boycotting, or unreasonably restraining trade, Users shall not, whether via the ACOG website, in meetings or forums convened by ACOG, or in any related communications or follow‑on conduct:
- Discuss, exchange, solicit, publish, or facilitate information—publicly or privately—regarding:
- Specific prices, fees, discounts, markups, or costs for products or services of any provider, practice, or ACOG member;
- Fees or reimbursement for individual providers or practices, including negotiation strategies or target rates;
- Allocation of markets, customers, service lines, or geographic areas;
- Future intentions concerning pricing, marketing, purchasing, network participation, service scope, or geographic/product expansion;
- Confidential or competitively sensitive information (non‑public rates, payer terms, utilization, margins, costs, strategic plans).
- Agree, propose, or signal any collective course of action, including:
- Agreements (express or tacit) to deal or refuse to deal with any payer, vendor, or provider based on pricing or other competitive practices;
- Agreements to standardize or coordinate fees, reimbursement targets, timing of negotiations, service offerings, or restrict scope of practice of any physician or other health care provider.
- Use, cite, or present ACOG Website Data:
- As benchmarks or targets for coordinated fee setting, joint negotiation, or harmonization of competitive behavior among independent entities (e.g., adopting median or percentile values as default fee schedules, negotiation floors, or “market” rates);
- In a manner reasonably likely to facilitate coordination among competitors regarding price, reimbursement, network participation, or other competitively sensitive terms.
- Enable or encourage any of the foregoing by others, including through platform features (e.g., forums, chats, comments) or offline discussions attributed to or arising from use of ACOG Website Data.
Reporting; Cooperation. Users must promptly notify ACOG’s General Counsel (or designated compliance contact) of any conduct on ACOG programs, meetings, websites, or communications that appears contrary to this Policy. Users agree to cooperate with ACOG in any review or remediation. ACOG will not retaliate against any User who raises a good faith concern or report under this Policy.
User Representations & Acknowledgments. You are acting independently and will not use ACOG Website Data to coordinate or align competitive conduct with any other market participant; you will not disclose or solicit non‑public, competitively sensitive information through ACOG platforms; any analyses or decisions you make are your own, made independently and in compliance with applicable antitrust and competition laws; you understand ACOG may monitor, audit, restrict, or revoke access and may remove content to protect compliance.
No Legal, Medical, or Business Advice. ACOG Website Data and any related content are provided for informational purposes only and do not constitute legal, medical, reimbursement, business, or financial advice. Users should seek independent professional advice before making decisions.
Ownership; License; Attribution. ACOG Website Data and related materials may be subject to third‑party rights, licenses, and attribution requirements. Users agree to comply with all such terms and not to remove or alter notices. Except for the limited right to access via the ACOG website, no license is granted to reproduce, redistribute, or create derivative works unless expressly permitted by ACOG and any applicable rights holder.
Enforcement; Suspension; Termination. ACOG may, in its sole discretion and without notice, suspend or terminate User access, remove content, or take other remedial actions if it believes a User has violated this Policy or applicable law. ACOG may report suspected violations to appropriate authorities.
Disclaimers; Limitation of Liability. ACOG Website Data is provided “AS IS” without warranties of any kind, express or implied. To the maximum extent permitted by law, ACOG disclaims all warranties, and ACOG and its officers, directors, employees, volunteers, and agents shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to ACOG Website Data, this Policy, or any use thereof.
Indemnification. Users shall defend, indemnify, and hold harmless ACOG and its officers, directors, employees, volunteers, agents, and representatives from and against any and all claims, investigations, actions, penalties, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) User’s access to or use of ACOG Website Data; (b) User’s violation of this Policy or applicable antitrust/competition laws; or (c) User’s content or communications in connection with ACOG platforms.
Reservation of Rights; Changes. ACOG may modify this Policy at any time by posting an updated version with the “Last Updated” date above. Continued access or use after the updated Policy is posted constitutes acceptance.
Severability; No Waiver. If any provision of this Policy is found unenforceable, the remaining provisions remain in full force. No waiver of any term is a waiver of any other term or of a continuing breach.
Dispute Resolution; Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Policy, its interpretation, performance, breach, termination, or enforcement (collectively, “Disputes”) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with the AAA Commercial Arbitration Rules, or if the User qualifies as a consumer under AAA rules, the AAA Consumer Arbitration Rules, as determined by the arbitrator. The seat, venue, and place of arbitration shall be Washington, District of Columbia, and the Policy and any Dispute shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to conflict of laws principles. The arbitrator shall have the authority to award any relief available in a court of competent jurisdiction under applicable law.
Users knowingly and irrevocably waive any right to a trial by jury or to participate in a class or representative action with respect to any Disputes.
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Last updated: April 2026