• title-terms_and_conditions
  • 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)").

    PLEASE READ CAREFULLY THESE TERMS (AND THEIR INCLUDED LINKED INFORMATION, LIKE OUR PRIVACY POLICY AND OUR COMMUNITY GUIDELINES BOTH OF WHICH ARE HEREBY INCORPORATED BY REFERENCE).

    BY USING THE SITE(S) AND SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS, PRIVACY POLICY AND COMMUNITY GUIDELINES, (ii) UNDERSTAND THEM, (iii) ACCEPT AND AGREE TO BE BOUND BY THEM, (iv) ARE AT LEAST 18 YEARS OLD OR ARE ABLE TO FORM LEGALLY BINDING CONTRACTS, AND (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS (INCLUDING ANY POLICIES OF YOUR COMPANY) APPLICABLE TO YOU, TO THE USE OF THE SERVICES, THE SITE(S), AND/OR THE INTERNET. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE(S) OR THE SERVICES.

    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.

    I. DEFINITIONS

    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.

    B. Privacy

    In the course or accessing and/or using the Site(s), the Services and/or the Downloadable Tools, we may obtain information about you or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services, the Site(s) and/or the Downloadable Tools, and/or if you register for any programs or accounts, you are accepting the terms and conditions of our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site(s), the Services and the Downloadable Tools.

    C. Community
    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.

    D. Users

    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 membership@aapa.org.

    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

    1. As a Member you may submit Content. You understand that AAPA does not guarantee any confidentiality with respect to any Content you submit unless you set up any confidentiality features that may be available. Your Content will be able to be viewed by other users of the Service. You should only provide Content that you are comfortable sharing with others under these Terms. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.
    2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to AAPA all intellectual property and other proprietary rights in and to such Content for publication on the Services pursuant to these Terms.
    3. 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.

    4. Chat Rooms/Bulletin Boards - As a service to our users, we may feature chat rooms/bulletin boards where Members can share information and comment on Content. In addition, we may also offer online discussions on a variety of topics. Some of these online discussions may include medical information. You should be aware that any information shared in a chat room/bulletin board is public information and you should think carefully before disclosing any personal and/or health-related personal information in any chat room/bulletin board. For sake of clarity, AAPA is not responsible for any personally identifiable health information that you may choose to share through our Site(s).
    5. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to AAPA, you hereby grant AAPA a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable through multiple tiers and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and AAPA' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (now known or later developed). We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You also hereby grant each user of the Site(s) a non-exclusive license to access your Content, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site(s) and under these Terms. The above licenses granted by you in Content you submit to the Site(s) will survive even if you remove or delete your Content from the Site(s). The above licenses granted by you in user comments you submit are perpetual and irrevocable.
    6. You further warrant that Content you submit to the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have rightful authorization to use it or you are otherwise legally entitled to post the material and to grant AAPA all of the license rights granted herein.
    7. You further agree that you will not submit to the Services any Content or other material that is contrary to our Community Guidelines, currently found at http://www.aapa.org/community.aspx, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
    8. AAPA does not endorse any Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and AAPA expressly disclaims any and all liability in connection with Content. AAPA does not permit copyright infringing activities and infringement of intellectual property rights on the Site(s), and AAPA will remove Content if properly notified that such Content infringes on another's intellectual property rights. AAPA reserves the right to remove Content without prior notice.
    9. Your Feedback is welcomed and encouraged. You agree, however, that (i) by submitting unsolicited ideas to AAPA, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to AAPA or any of its employees or representatives automatically become the property of AAPA. If we solicit your Feedback or opinion regarding any areas of our business, Site(s) or Services, or if you want to send us your Feedback (and we hope you do) directly, we simply request that you send it to us by using the contact email we may give on our request or by contacting us. You agree that any Feedback you provide at this Site(s) shall be deemed to be non-confidential. AAPA shall be free to use such information on an unrestricted basis. You agree not to take any action that may undermine any Feedback or ratings systems that we establish as part of the Services. This includes not displaying, importing, exporting or using any Feedback information off of the Site(s), regardless of purpose.

    G.Our License to You, Your Use of AAPA Content, Content and Attributions

    1. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Site(s) conditioned on your continued acceptance of, and compliance with, these Terms. You may use the Site(s) and the AAPA Content for your noncommercial personal use and for no other purpose. AAPA reserves the right to bar, restrict or suspend any User's access to the Site(s), and/or to terminate this license at any time for any reason. AAPA reserves any rights not explicitly granted in these Terms.
    2. Subject to these Terms, AAPA gives you a worldwide, royalty-free, non-assignable and non-exclusive license to re-post any of the Content on AAPA anywhere on the Site(s) provided that the User who created the content has not explicitly marked the content as not for reproduction, and provided that you: (a) do not modify the Content; (b) attribute AAPA by name in readable text and with a human and machine-followable link (an HTML anchor tag) linking back to the page displaying the original source of the content on the Site(s) on every page that contains AAPA Content; (c) upon request, either by AAPA or by a User who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on the Site(s); and (d) upon request, either by AAPA or by a User who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on Site(s).
    3. You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by AAPA, or any User of you or your use of the work, without the separate, express prior written permission of AAPA or the User.
    4. Subject to these Terms, AAPA gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by AAPA. AAPA reserves all rights not expressly granted herein in the Service and the Content. AAPA may terminate this license at any time for any reason or no reason.
    5. Content and AAPA Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms. You shall not download any Content unless you see a "download" or similar link displayed by AAPA on the Services for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of AAPA or the respective licensors of the Content. AAPA and its licensors reserve all rights not expressly granted in and to the Services and the Content.
    6. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
    7. You understand that when using the Services, you will be exposed to Content from a variety of sources, and that AAPA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AAPA with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless AAPA, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.
    8. When using our Services and the Site(s), you agree
      1. not to revise or alter Content posted by others,
      2. not to post or use any Content in any manner that (i) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (ii) violates the privacy, publicity, or other rights of third parties; (iii) is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by AAPA in its sole discretion; (iv) is false or inaccurate; (v) violates any law, civil or criminal, (vi) violates our policies, including posting Content in an inappropriate category or areas on our Site(s) and Services.
    9. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

    H. General Restrictions

    AAPA hereby grants you permission to access and use the Site(s) as set forth in these Terms, provided that:

    1. You agree not to distribute in any medium any part of the Services or the Content without AAPA' prior written authorization, unless AAPA makes available the means for such distribution through functionality offered by the Site(s).
    2. You agree not to alter or modify any part of the Services.
    3. You agree not to use the Services for any of the following commercial uses unless you obtain AAPA' prior written approval:
      1. the sale of access to the Services;
      2. the sale of advertising, sponsorships, or promotions placed on or within the Services or Content; or
      3. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Services, unless other material not obtained from the Site(s) appears on the same page and is of sufficient value to be the basis for such sales.
    4. Prohibited commercial uses as referred to in section H(3)(c) above do not include:
      1. showing Content through ad-enabled blogs or websites, subject to the advertising restrictions set forth above in Section II.(H)(3); or
      2. any use that AAPA expressly authorizes in writing.
    5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Services in a manner that sends more request messages to the AAPA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, AAPA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. AAPA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information without consent, including account names, from the Site(s), nor to use the communication systems provided by the Services (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their Content.
    6. In your use of the Site(s) and Services, you will comply with all applicable laws.
    7. You agree not to
      1. stalk, harass or harm another individual through your use of the Services;
      2. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
      3. use the Site(s) or Services to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or distribute viruses or any other technologies that may harm us or the interests, Content or property of our Visitors or Members.
    8. Without our written consent, you may not frame the Site(s), place pop-up windows over its pages, or otherwise affect the display of its pages.
    9. You may provide links to the Site(s), provided that You
      1. do not remove or obscure, by framing or otherwise, proprietary notices or other notices on the Site(s), and
      2. discontinue providing links to the Site(s) immediately upon our request.
    10. You may not modify or create any derivative product based on the Site(s) or the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site(s) or the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to copy, replicate, transcribe or reproduce the 'look and feel' of the Site(s), including its features and functionalities.

    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

    You may be able to access websites, content or services provided by third-parties through links that are made available on the Site(s), including but not limited to voluntarily sharing some of your information from the Site(s) in social media sites, 'liking' our Site(s) in social media outlets. Additionally, from time to time AAPA may refer you to one or more of our business partners who make available products or services through their respective websites or by other means (e.g., by mail or otherwise). We refer to all such other websites, content, services and products as "Third-Party Offerings." For example, we may permit third parties with related Services to link their products and services on the Site(s), and those links may redirect you to the website(s) of the third parties. Unless we otherwise inform you on the Site(s), your use of any such Third-Party Offerings is not required in order to access and/or use the Services or the Tools. If you elect to use such Third-Party Offerings, and/or if you elect to 'click' on a link or button, you understand that (a) you will be leaving our Site(s) and (b) your use of any such Third-Party Offering will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use, download content from or purchase any Third-Party Offerings. The fact that we link to a third party website or service is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies, term of use, business practices or their compliance with laws. We do not exercise control over third party websites or services. We encourage you to read the privacy policies and terms of use of the other websites and services you use and the terms of the offers in which you participate. You agree that AAPA is not responsible for nor will it be liable to you or any third party for your interaction with such third parties.

    1. Advertisers

    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:

    1. If you join during the first day of the month through the 19th day of the month, the Subscription term will be deemed to begin on the first day of the current month through the last day of the preceding month of the following year. (i.e. If your join date is November 19, 2012, your Subscription Term will run from November 1st, 2012 until October 31st, 2013)
    2. If you join between the 20th day of the month through the end of the month, the Subscription term will be deemed to begin on the first day of the next month through the last day of the current month of the following year. (i.e. If your join date is November 20th, 2012, your Subscription Term will run from December 1st, 2012 until November 30th, 2013)

    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.

    IV. 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.

    D. Indemnification

    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.

    B. Assignment

    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.

    C. Abuse

    Please report any problems, offensive content, policy violations and/or abuse to us at membership@aapa.org.

    D. Modifications to Terms

    We may change these Terms from time to time. Any such changes will become effective when posted on the Site(s). If you object to any such changes, your sole recourse will be to cease using the Site(s) and the Services. Continued use of the Site(s) and/or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

    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.

    These Terms, together with the Privacy Policy and Community Guidelines and any other legal notices published by AAPA on the Site(s), shall constitute the entire agreement between you and AAPA concerning the Site(s) and Services. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and AAPA' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. AAPA shall have the right to assign these Terms in whole or in part to any person or business entity. User may not assign User's rights or delegate User's obligations under these Terms without the prior written consent of AAPA. You agree that any claim or cause of action related to the Site(s), the Services, the Tools, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    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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