Last Updated: November 18, 2012
These Terms and Conditions of Service and all other legal documents incorporated by reference (collectively, the "Terms") set forth the legal contract between each end user ("User" or "you" or "your") and the American Academy of Physician Assistants ("AAPA," "we," or "us") with respect to access to its services through its internet properties including, without limitation, www.aapa.org, www.jaapa.com, www.pasconnect.org, microsites, mobile websites, mobile applications, AAPA profiles on social media sites and any other digital services or properties operated or used by the AAPA from time to time (collectively referred to as the "Site(s)").
Some of AAPA other sites, services and tools may have additional terms that we provide to you when you use those sites, services or tools.
As used herein, the following capitalized terms not otherwise defined in the Terms shall have the meanings set forth as follows:
"AAPA Content" has the meaning set forth in Section II.(E) below.
"Content" means and includes, without limitation, information (personal or otherwise), photos, images, text, comments, writings, notes, essays, articles, analyses, message boards postings, surveys, polls, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise. Content may be owned or controlled by AAPA, in which case is AAPA Content and/or owned, submitted, uploaded, post, display, or otherwise made available by you or to you as a Member (as defined below).
"Feedback" means any information you provide to us about the Site(s) or Services, as a comment or evaluation.
"Services" means any and all services, courses, tools, software, mobile applications and functionalities as may be provided by AAPA from time to time.
"User" means "you", the user of the Site(s), whether you are an unregistered "Visitor" or a "Member."
II. AAPA SERVICES AND TOOLS
A. Access to Services and Tools
For so long as you agree to these Terms and abide by them, you may use the Site(s) and Services. These Terms apply to all users of the Site(s) and Services, including Visitors and Members who may also be contributors of Content.
Subject to these Terms, we also grant you a limited, non-exclusive, nontransferable personal license to download, install and operate any tools, software, scripts, data feeds, articles, education materials and/or any other copyrightable content (collectively, "Downloadable Tools") that we may from time to time have specifically identified within the Site(s) as available for download and subject to the terms of the license accompanying such tools. As such, you agree that in addition to these Terms, the Downloadable Tool(s) may be subject to additional licensing terms available to You upon download. You understand that if, upon download of any Downloadable Tool(s), you are prompted to additional terms applicable to such Downloadable Tool(s) you must review and accept such additional terms before we allow you to proceed with your download. Please read any additional terms carefully.
You also understand and agree that before using certain areas of the Site(s) you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked, without limitation, "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 and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
To use our Site(s) and Services, you agree to comply at all times with our Community Guidelines, as may be amended from time to time. If you do not agree with our Community Guidelines, you must discontinue use of the Site(s) and the Services.
1. Visitors. Visitors may browse the Site(s) in accordance with these Terms, but will not have full access to the Services (which may include but are not limited to contributing or accessing Content, downloading Downloadable Tools, posting comments or signing up for special programs, privileges or courses) without first becoming "Members."
2. Members. In order to access and use the Services available to a Member, You are required to set up an "Account" or "Membership" directly with AAPA. When You set up your Membership, You are required to select a unique user ID ("User ID") and password to access the Services (your User ID, password or account information collectively "Your Account"). You may not transfer to or share Your Account with other persons or entities, and you are solely responsible for maintaining the confidentiality of Your Account. You are solely responsible for any and all use of Your Account and all activities that occur under or in connection with it. You agree (i) to be responsible for any act or omission of any users accessing the Site(s) or Services under your Account that, if undertaken by you, would be deemed a violation of these Terms, and (ii) that such act or omission shall be deemed a violation of these Terms by you. Please notify us immediately if you become aware that Your Account is being used without authorization. You agree not to register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so. Individuals and/or entities whom access to the Site(s) or use of the Services have previously been terminated by AAPA may not register for a new account, nor may designate other individuals to use an account on its or your behalf.
You agree to register using your real name and you agree that any information you submit about yourself is truthful and accurate. You warrant and represent that all information you provide to us as part of your registration is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your access to the Site(s) or Services (or any portion thereof) and any license(s) to the Downloadable Tools.
3. Membership Categories. AAPA offers different Membership Categories. You understand and agree that certain Services may only be available to certain categories. Categories of Memberships are subject to different eligibility requirements, fees, terms, and as a result may have different privileges. Membership Categories are designated as such in the Site(s) at http://www.aapa.org/membership/membership_categories.aspx. As a User, prior to receiving the Services, You must submit an order by selecting the Membership Category you wish to contract and submitting all applicable information and fees, which are due and payable at the time of your order for the Membership in accordance with Section III below.
4. Children. The Services are not intended for users under the age of 18. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13. If you are under 13 years of age, you are expressly prohibited from submitting your personally identifiable information to us; any information submitted by you will not knowingly be used, posted, or retained by us. AAPA does not knowingly collect personally identifiable information from users under the age of 13. If you believe that we might have any information from or about a person under 13, please contact us at email@example.com.
E. Ownership of the Site(s)
The content of the Site(s) includes, without limitation, (i) AAPA's trademarks, service marks, logos, brands, and brand names, trade dress, trade names and other distinctive identification, and all associated goodwill (collectively "AAPA Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, 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 Site(s) (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "AAPA Content"). AAPA Content is the property of the AAPA, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, 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 AAPA Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. For reprints, contact the AAPA. Any use of the AAPA Marks without AAPA's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the AAPA Content, including any such notices appearing on any AAPA Content you are permitted to download, transmit, display, print, or reproduce from the Site(s). Unless you first obtain the copyright owner's prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site(s) or the Services.
F. Your Content, Your License to Us and Your Conduct
Please be advised that, when uploading Content, you are responsible for not sharing personally identifiable information related to health information of you or any third-party.
G.Our License to You, Your Use of AAPA Content, Content and Attributions
H. General Restrictions
AAPA hereby grants you permission to access and use the Site(s) as set forth in these Terms, provided that:
Please be aware that it is a federal crime and a violation of 18 U.S.C. § 1030 (The Computer Fraud and Abuse Act) to intentionally access a computer without authorization and to knowingly cause damages.
I. Use of Third-Party Offerings
The Site(s) may contain advertisements. The inclusion of advertisements on the Site(s) does not imply endorsement of the advertised products or services. The AAPA shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Site(s). Further, shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Site(s). You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
III. SUBCRIPTION, PAYMENTS AND PROGRAMS
To subscribe to the Services and download the Tools, you must be at least eighteen (18) years of age or the applicable age of majority in Your jurisdiction.
A. Fees and Services
The Services are offered on an annual subscription basis (the "Subscription"). Upon subscribing for the Services, you accept that we may permit you to submit payment through third party payment service providers at our discretion, in which case you represent and warrant that you have complied with all requirements of such third party service providers and that we have the right to request and receive payment from such third party service providers regarding Your purchase of access to the Services. If payment for the Services is submitted through the Site(s), You will be required to give a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by our third party payment service provider) and associated payment information at the time you subscribe for the Services, including all of the following: (i) Your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of Your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge Your card. Your credit card issuer agreement governs Your use of Your designated credit card, and You must refer to that agreement and not these Terms to determine Your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before we (through our third party payment service provider) invoice the credit card for all amounts due and payable. By providing Your credit card number and associated payment information, You agree that we, and/or our third party payment service providers are authorized to immediately invoice Your Account for all fees and charges due and payable to us as a result of Your order, including but not limited to recurrent subscription fees or any other fee or charge associated with Your access to the Services. If applicable, You agree that we (or our third party payment service provider) may automatically debit your card or method of payment at the beginning of each recurring period of your Subscription. You agree to immediately notify us, our third party payment service provider, and/or to update your Account profile with any change in Your billing address, credit card or method used for payment. Failure to update your information may result in an immediate suspension or termination of your Services (please see Section IV below).
Before you subscribe for the Services, you have an opportunity to review the fees that you will be charged based on our published prices and as part of the checkout process. Once you subscribe for a Service, you will be able to review all fees applicable to your Account through our secured website portal. We may choose to temporarily change the fees for our Services for promotional events (for example, free Trial Periods) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. We reserve the right, at any time, to change our prices and billing methods for Services without prior notice.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our Services in a timely manner with a valid payment method. You agree that all charges are considered valid unless disputed in writing within ten (10) days after the date of the most recent payment made on your Account. If your payment method fails, we may collect fees owed using other collection mechanisms. You further agree that we may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. As permitted by law, we reserve the right to charge return fees for debits that are declined by your bank or credit card provider.
B. Activating Your Subscription
After registration and creation of your Account, you may place an order for the Services and Membership of your choosing and start your Subscription. In the event we decide to offer promotional trial periods ("Trial Period"), and you choose this option, you may have access to a fully functional version of the Services for a limited time.
Your paid Subscription will start immediately upon you entering your payment information. If we offer, and you choose, a Trial Period, at the end of such Trial Period you will be prompted through the Site(s) for your payment information. If you choose not to buy the Services after the Trial Period, you do not need to cancel, as access to the Services will expire automatically. Once your paid Subscription starts, you will be charged in full for the first year of Services upon commencement, as set forth below:
As set forth in Section III (A), we shall invoice your Account automatically on a recurrent basis at the beginning of each Subscription period. You agree that each Subscription period must be paid in advance and payment is due upon invoice.
You understand that you can obtain only one Login/User ID/Account access per Subscription. If you would like a Membership for more than one (1) User the Account, you must open a Subscription per each User.
C. Canceling your Subscription. You may cancel your Membership Subscription at any time, however you agree and understand that there are no partial refunds for Services. Please see section IV below for more regarding termination.
These Terms will become effective and binding when you use the Services, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site(s) (such as buttons labeled "I Agree"). You can inform us at any time if you wish to stop using the Site(s) or Services. You understand and agree that unless we hear the contrary from you, renewal is automatic. We reserve the right to terminate these Terms and your access to the Site(s) and the Services at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand and agree that upon termination of these Terms or your use of the Services, we retain the license rights granted to us upon any Content uploaded or provided on our Site(s). Notwithstanding the foregoing, it is our policy to retain all information provided to us and stored in your Account during five (5) years after the termination of your Account. After five (5) years, we may delete your information from our servers except as required by law. You understand that if you want to use our Services after termination of Your Account, you may need to re-register and provide us with your information anew.
Without limiting other remedies, we also reserve the right to limit or partially terminate or suspend the Services and Accounts, prohibit access to the Site(s) and its Content, services and tools, delay or remove any Content, take technical and legal steps to keep any Visitors or Users off the Site(s) if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. For example, AAPA will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
AAPA reserves the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, obscenity or excessive length. AAPA may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms. You hereby understand and agree that in addition to the above listed causes, AAPA reserves the right, at all times, to remove Content and/or terminate Accounts if we consider, at our sole discretion, such Content or Account to be immoral, unprofessional, dishonest, indecent, obscene, unethical, unprincipled, spurious, strange, outlandish or in violation of the standards of excellence and professionalism that we strive for at our Site(s).
The provisions of sections III.E, III.F, III.G, IV, and V will survive the termination of these Terms.
V. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
A. No Warranties
THE SERVICES, THE SITE(S), THE TOOLS AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AAPA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. AAPA AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE(S) AND/OR SERVICE WILL BE UNINTERRUPTED, ERROR -FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE AAPA SERVICES AND/OR SITE(S) IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON THE SUCH CONENT, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL CONTENT. AAPA IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. AAPA DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE(S); AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SERVICES AND FROM THE OUTPUT OF THE SERVICES.
Though we strive to enforce our Content related rules with all of our users, including Members, you may be exposed through the Site(s) or Services to Content that violates our policies or is otherwise offensive. You use the Site(s) and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site(s) if we determine or suspect that those accounts or Content violate these Terms. We take no responsibility for your exposure to Content on the Site(s) whether it violates our content policies or not. You understand that the information and opinions in Content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our beliefs.
B. No Medical Advice and Disclaimer as to Accuracy of Information
The information on the Site(s) and AAPA Content are for informational purposes only, and is not medical advice or a substitute for medical consultation. There is no patient-provider relationship established by interacting with AAPA Members.
The information contained in the Site(s) and AAPA Content may or may not reflect the most current medical developments; accordingly, information on the Site(s) are not promised or guaranteed to be correct or complete, and should not be relied upon as such. As medical advice must be tailored to the specific circumstances of each case, nothing provided on the Site(s) or the AAPA Content should be used as a substitute for professional medical advice. The materials on the Site(s) and AAPA Content do not constitute medical advice and do not necessarily reflect the opinions of AAPA. Always seek the advice of your physician or other qualified health provider if you have questions regarding a medical condition.
C. Limitation Of Liability
USE OF THE AAPA SERVICES, THE SITE(S), TOOLS AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL AAPA OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF AAPA WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF AAPA TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS (U.S.D. $100.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND AAPA RELATING TO THE PROVISION OF THE SITE(S), THE SERVICES, AND ANY CONTENT TO YOU, AND AAPA WOULD NOT PROVIDE THE SITE(S) OR SERVICES TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE(S) OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless AAPA, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site(s) and/or Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site(s) and/or Service.
VI. MISCELLANEOUS MATTERS
A. Digital Millennium Copyright Act and Copyright Infringement
Please refer to our Copyright Infringement Notification page if you want to report copyright infringement, piracy or other legal issues.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AAPA without restriction.
Please report any problems, offensive content, policy violations and/or abuse to us at firstname.lastname@example.org.
D. Modifications to Terms
E. Modifications to Services
We reserve the right to modify the Site(s) and/or Services at any time without notice. If you object to any changes to the Site(s) or Services, your sole recourse will be to cease using them. Continued use of the Site(s) or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site(s) and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site(s) or the Services.
F. Legal Disputes
These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Virginia, United States of America excluding its rules regarding conflicts of law. You agree that any claim or dispute you may have against AAPA must be resolved exclusively by a state or federal court located in the Commonwealth of Virginia, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Alexandria, Virginia for the purpose of litigating all such claims or disputes.
1. Arbitration. For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that AAPA may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event AAPA elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution ("ADR") provider chosen by AAPA. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
G. General Agreement
You agree to comply with all laws, rules and regulations that apply to your use of the Site(s), the Services and the Tools.
If you are located outside the United States of America and choose to provide information, upload Content to or register an Account with AAPA, you acknowledge and agree that the information is processed and transferred in the United States of America. Your submission of information represents your agreement to this. You acknowledge and accept that the laws regarding processing of personal information may be less stringent in the United States of America than the laws in your country. By using this Site(s) you acknowledge and accept that your information may be used in and be subject to the privacy laws of the United States of America.
H. Contact Information
If you have any questions or concerns regarding these Terms or the Site(s), please visit our "Contact Us" page.
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