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Terms and Conditions

These Terms and Conditions 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 Associates (“AAPA,” “we,” “American Academy of PAs,” “our” or “us”) with respect to access to its services through its internet properties including, without limitation, aapa.org, connect.aapa.org, cme.aapa.org, pa-foundation.org, aapapac.aristotle.com, huddle.aapa.org, www.jaapa.com, paportfolio.aapa.org, AAPA profiles on social media sites, and any other digital services (including any SMS service(s) offering), microsites, mobile websites, mobile applications, software, services, products, tools, materials, content, information or properties operated or used by the AAPA from time to time (collectively referred to as the “Site(s)”).

IMPORTANT-THIS IS A LEGAL AGREEMENT BETWEEN EACH END USER (REFERENCED HEREIN AS “USER” OR “YOU” OR “YOUR”) AND THE AMERICAN ACADEMY OF PHYSICIAN ASSOCIATES (“AAPA,” “WE,” “OUR” OR “US”) THAT APPLIES EACH TIME YOU ACCESS OR USE ITS PRODUCTS, SERVICES, SOFTWARE, FUNCTIONALITY AND MATERIALS (AND PURCHASE SUBSCRIPTION SERVICES THEREFORE) PROVIDED THROUGH ITS INTERNET PROPERTIES INCLUDING, WITHOUT LIMITATION, aapa.org, connect.aapa.org, cme.aapa.org, pa-foundation.org, aapapac.aristotle.com, huddle.aapa.org, www.jaapa.com, paportfolio.aapa.org, AAPA profiles on social media sites, and any other digital services (including any SMS service(s) offering), microsites, mobile websites, mobile applications, software, services, products, tools, materials, content, information or properties operated or used by the AAPA from time to time (collectively referred to as the “Site(s)”). PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY AS AAPA IS WILLING TO LICENSE THE USE OF THE SITE(S) ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE(S) AND ARE INSTRUCTED TO EXIT OR CEASE USE OF THE SITE(S) IMMEDIATELY.

  1. License Grant. AAPA grants to you a limited, revocable, non-exclusive, nontransferable, non-sublicenseable, personal license to download, install and operate the tools, software, scripts, data feeds, articles, education materials and other content that AAPA may from time to provide on the Site(s) (collectively, “AAPA Content”). The content layout, formatting, and features of and access privileges for the Site(s) shall be as specified by AAPA in its sole discretion. You also acknowledge and agree to the following: (i) AAPA has the right to control and direct the means, manner, and method by which the Site(s) is provided; (ii) AAPA may, from time to time, engage independent contractors, consultants, or subcontractors to aid AAPA in providing the Site(s); and (iii) AAPA has the right to provide the Site(s) to others.
  2. Restrictions. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site(s). Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of AAPA and/or its licensor(s). Moreover, you may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site(s) or in any way reproduce or circumvent the navigational structure or presentation of the Site(s) to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site(s), (b) attempt to gain unauthorized access to any portion or feature of the Site(s) or any other systems or networks connected to the Site(s) or to any AAPA server or to any of the services offered on or through the Site(s), by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Site(s) or any network connected to the Site(s), nor breach the security or authentication measures on the Site(s) or any network connected to the Site(s), (d) reverse look-up, trace, or seek to trace any information on any other person or entity accessing or using the Site(s), (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site(s) or AAPA’s systems or networks or any systems or networks connected to the Site(s), (f) use any device, software, or routine to interfere with the proper working of the Site(s) or any transaction conducted on the Site(s), or with any other person’s use of the Site(s), (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to AAPA on or through the Site(s), (h) use the Site(s) to harvest or collect email addresses or other contact information; or (i) use the Site(s) in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact AAPA.
  3. User Obligations. By downloading, accessing, or using the Site(s) in order to view any information and materials, register or enter into a transaction with or through AAPA for any reason, or submit information of any kind, you represent that you are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site(s), including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, AAPA reserves the right to terminate immediately your access to and use of the Site(s) and to seek other remedies or damages available under law or equity. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site(s). You also acknowledge and agree that use of the Internet and access to the Site(s) is solely at your own risk. While AAPA has endeavored to create a secure and reliable Site(s), you should understand that the confidentiality of any communication or material transmitted to/from the Site(s) over the Internet or other form of global communication network cannot be guaranteed. Accordingly, AAPA is not responsible for the security of any information transmitted to or from the Site(s). You must make your own determination as to such issues.
  4. Registration. Username Handling Policy. In order to become a member of AAPA and access certain restricted content a User must agree to first register as a user with AAPA. To register, please visit https://connect.aapa.org/Login and provide the requested information. A User will be required to set and thereafter use both a username and a password and adhere to other particular access requirements as designated by AAPA. Only one User can use one username and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your username and password can gain entry to the restricted portions of the Site(s) and to your account. Accordingly, by using the Site(s), you agree to consider your username and password as confidential information and to keep your username and password confidential. You also agree not to use another User’s username and password. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur under or through your account and you agree to immediately notify AAPA if you become aware of any loss or theft of your password or any unauthorized use of your username and password. AAPA cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. AAPA reserves the right to delete or change a username or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to these Terms or the AAPA Privacy Policy.
  5. Mobile Services. The Site(s) may offer certain tools or services that are available to you via your mobile phone or other mobile device, including, without limitation, certain communication tools (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Site(s) and its Mobile Services shall be in accordance with these Terms. As noted below, if you participate in any of our text messaging programs, please also review our SMS Terms and Conditions.
  6. User Participation and Submissions.
    1. Community Guidelines. AAPA encourages and seeks to facilitate professional and personal networking and career development through the Site(s). As such, subject to applicable fees and membership requirements, the Site(s) may offer Users the ability to participate in interactive forums, create profiles, upload resumes, publish job postings, and otherwise communicate, display, or post materials such as comments, remarks, responses, suggestions, ideas, graphics, opinions, photos, or videos (“Submissions”). By submitting, posting, or otherwise displaying a Submission, you warrant that you have the rights in and to such Submission. If you choose to share any ideas on the Site(s), please note that we cannot guarantee that other Site(s) users or third parties will not use or otherwise disseminate the ideas that you share and AAPA shall have no liability for third party use of your Submissions. Therefore, if you have an idea that you would like to keep confidential and/or do not want others, including AAPA to use, do not post it to the Site(s). Further you agree that by using the Site(s) you will not upload, post, display, or transmit any of the following materials as a Submission to the Site(s):
      • anything that interferes with or disrupts the Site(s) or the operation thereof,
      • statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others,
      • unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
      • anything that violates applicable local, national, and international laws, including but not limited to, laws relating to labor and employment, equal employment opportunity, and employment eligibility requirements,
      • statements or material that violates other contractual or fiduciary rights, duties, or agreements,
      • statements or material that is bigoted, hateful, or racially offensive,
      • statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
      • statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
      • statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
      • statements or material that harms minors,
      • statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of AAPA,
      • statements or material that misrepresents your affiliation with any entity and/or AAPA,
      • anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual,
      • chain letters or pyramid schemes,
      • statements or materials that are deceptive or misleading,
      • statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
      • statements or material that are “off-topic” for a designated forum, and
      • files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site(s).

      You are solely responsible for (a) any Submission you post on or through the Site(s), (b) any material or information that you provide to other users ( or others that view this Site(s)), and ( c) your interaction with other users (or others that view this Site(s)). If you upload or submit a job posting, you represent and warrant that you are authorized to submit the posting on behalf of your organization, or that you represent an ad agency, recruitment firm, or another third party recruitment service and have permission to post on an organization’s behalf. You may not post an opening for a position that does not explicitly exist for the purpose of collecting resumes and data from other users. AAPA does not control the ability of any employer to offer employment to users and is not responsible for any employment decisions made with respect to any job postings.

    2. Permission to Use Submissions. By posting a Submission on Site(s), you agree that you provide AAPA with a nonexclusive, worldwide, fully paid-up and royalty-free, perpetual, irrevocable, transferrable, assignable and unlimited license to use, reproduce, transmit, perform, display, sublicense, and create derivative works of all or any portion of your Submission in any way that we see fit and for any purpose whatsoever. AAPA hereby reserves the right to use the posted Submission and AAPA and its designees may exploit, edit, modify, and distribute the content and any and all elements of such Submission, in any and all media now known or not currently known, throughout the world in perpetuity without compensation, permission or notification to you or any third party. You represent that you have all necessary rights to make the Submissions available to AAPA, and you also acknowledge that AAPA has no control over the extent to which any idea or information may be used by any party or person once you post or display it to a public area of the Site(s) (or permit such posting or display). Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to be collected through or appear on the Site(s), AAPA has not become and is not necessarily a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Submission. Moreover, AAPA assumes no responsibility for the deletion of or failure to store any Submission and recommends that you do not post, display, or transmit any confidential or sensitive information.
    3. No Pre-Screening of Submissions. AAPA is not responsible for screening or editing your or another User’s Submissions and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Submission. Moreover, and except as provided below with respect to AAPA’s right and ability to delete or remove a Submission (or any part thereof), AAPA does not endorse, oppose, or edit any opinion or information provided by you or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other User. Nevertheless, AAPA reserves the right to delete or take other action with respect to Submissions (or parts thereof) that AAPA believes in good faith violate these Terms and/or are, or are potentially, unlawful or harmful to AAPA or its affiliates, volunteers, services, or goodwill. If you violate these Terms, AAPA may, in its sole discretion, delete the unacceptable content from your Submission, remove or delete the Submission in its entirety, issue you a warning, and/or terminate your use of the Site(s). Moreover, it is a policy of AAPA to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Submissions that violate these rules regarding acceptable behavior or content, you may contact AAPA as provided below.
    4. Copyright; Designated Agent for Notification of Claims of Infringement. AAPA respects the intellectual property of others, and it asks its Users to do the same. Accordingly, it is AAPA’s policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act. Responses may include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating your right to access and use the Site(s). But you acknowledge that you may be liable for damages, including attorneys’ fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If AAPA terminates or suspends a User’s access to or use of the Site(s), AAPA will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is AAPA’s policy to document all notices of alleged infringement upon which AAPA decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public. If you believe that one or more of your works have been copied in a way that constitutes copyright infringement, please provide a written notice of your claim of copyright infringement that is directed to AAPA’s designated agent as specified below along with the following information:
      • A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
      • A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;
      • A description, in reasonable detail, of where the material that you claim is infringing is located on the Site(s);
      • Your 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; and
      • A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
      • Designated Agent: American Academy of PAs, 2318 Mill Road, Suite 1300, Alexandria, VA 22314. Phone 703-836-2272. Email [email protected].
      • Counter Notification. Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to the AAPA’s Designated Agent. All counter notifications must include:
          • Your physical or electronic signature.
          • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
          • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
          • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
          • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

    Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

  7. Resume Bank. The Site(s) may offer functionality allowing you to access a resume database (the “Resume Bank”). The Resume Bank may only be used by individuals seeking employment or career information and by employers seeking employees. You may not disclose any data from the Resume Bank to any third parties and must take appropriate measures to protect such data. You may not use the Resume Bank for advertising or promotional purposes.
  8. Proprietary Rights. These Terms provides only a limited license to access and use the Site(s) and the AAPA Content. Accordingly, you expressly acknowledge and agree that AAPA transfers no ownership or intellectual property interest or title in and to the Site(s) or the AAPA Content to you or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site(s), unless otherwise indicated, are owned, controlled, and licensed by AAPA and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, AAPA does not grant any other express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site(s) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Site is Copyright © 2018-2021 American Academy of Physician Associates, Inc. and/or its licensors. All rights reserved. AAPA also owns a copyright in the contents of the Site(s) as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site(s). AMERICAN ACADEMY OF PHYSICIAN ASSOCIATES, INC., AAPA, and all other names, designs, logos, and icons identifying AAPA and its programs, applications, products, and services are proprietary trademarks of AAPA, and any use of such marks, including, without limitation, as domain names, without the express written permission of AAPA is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
  9. Links to other Sites. AAPA may provide links, in its sole discretion, to other sites or applications on the Internet. Such other sites are maintained by third parties over which AAPA exercises no control. These links do not imply an endorsement with respect to any third party or any third-party website or the information, products, or services provided by any third party. AAPA encourages review of the applicable terms, conditions or notices governing use of the third-party sites or applications.
  10. Other Terms and Conditions. Additional notices, terms, and conditions may apply to subscription arrangements, the purchase of products, participating in programs, registration with AAPA as a member, or the use of software. You agree to abide by such other notices, terms, and conditions, as applicable. BUT THESE TERMS APPLY WITH RESPECT TO USE OF THE SITE(S). PLEASE REVIEW ANY ADDITIONAL APPLICABLE TERMS. If there is a conflict between these Terms and other notices, terms, and conditions posted to the Site(s), AAPA shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to your use of that product, service, or software.
  11. Privacy. You understand, acknowledge, and agree that the operation of certain areas or functionality of the Site(s) requires or involves the submission, use, and dissemination of various types of personally identifiable information. Please see AAPA’s Privacy Policy for a summary of AAPA’s personal identifying information collection and use practices.
  12. Limitation of Liability and Disclaimer. THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE(S) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. AAPA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE PROGRAMS, SERVICES, PRODUCTS, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON THE SITE(S) FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON­INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. AAPA DOES NOT WARRANT OR REPRESENT THAT THE SITE(S) WILL BE ERROR FREE OR THAT ACCESS TO IT WILL BE UNINTERRUPTED OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE PROCESSED, STORED, ARCHIVED, OR DOWNLOADED FROM THE SITE(S) IN AN ACCURATE MANNER OR IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES. AAPA EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE SITE(S), ALTHOUGH AAPA MAY MODIFY THE MATERIALS ON THE SITE(S) AT ANY TIME WITHOUT NOTICE. AAPA DOES NOT MAKE ANY REPRESENTATION WITH RESPECT TO, NOR DOES IT ENDORSE THE ACCURACY, ACCEPTABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY SUBMISSIONS ADVICE, OPINION, STATEMENT, JOB POSTINGS, OR OTHER MATERIAL DISPLAYED, UPLOADED, OR DISTRIBUTED BY YOU OR POSTED OR DISPLAYED ON THE SITE(S). AAPA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF YOUR INTERACTIONS WITH THIRD PARTIES THROUGH THE SITE(S).
    You expressly absolve and release AAPA from any claim of harm resulting from a cause beyond AAPA’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH USERS OR OTHER THIRD PARTIES ON OR THROUGH THE SITE(S). MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, AAPA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS OR DATA, RELATED TO YOUR USE OF THE SITE(S), WITH THE DELAY OR INABILITY TO USE THE SITE(S), THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE OR TELECOMMUNICATION FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH THE SITE(S), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF AAPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF AAPA FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE(S) SHALL NOT EXCEED $100 (US) OR THE ANNUAL AMOUNT PAID BY YOU TO AAPA IN CONNECTION WITH THE DISPUTE, WHICHEVER IS GREATER.
  13. Indemnification. You agree to defend, indemnify and hold AAPA, our parent and affiliates, and each of our respective officers, directors, employees, representatives and agents harmless from and against any and all claims, demands, losses, liabilities and/or damages (including attorneys’ fees and court costs) arising out of: (i) your misuse of the Site(s); (ii) your breach or alleged breach of these Terms; (iii) your use of any third party Submission; (iv) any Submission posted by you; or (v) your alleged violation of the rights of any third party, including but not limited to claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trademark, patent, or any other intellectual property right.
  14. Enforcing Security on the Site(s). Actual or attempted unauthorized use of the Site(s) may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. AAPA reserves the right to take steps AAPA believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms such as by viewing, monitoring, and recording activity on or through the Site(s), without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Site(s). Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site(s) as well as to disclosures required by or under applicable law or related government agency actions. AAPA will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, AAPA reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site(s), or any portion of the Site(s) in order to protect the Site(s), AAPA, or AAPA’s business.
  15. 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 patties 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.
  16. Term and Termination. These Terms will take effect at the moment you click “ACCEPT,” register, respond to a request for information, and/or begin downloading, accessing, or using the Site(s), whichever is earliest. AAPA reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms, to deny your access to the Site(s) or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and these Terms will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate these Terms at any time by ceasing to use the Site(s), but all applicable provisions of these Terms will survive termination, as identified below, and each re-access or use of the Site(s) will reapply these Terms (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site(s) in your possession. The provisions concerning AAPA’s proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, waiver and severability, entire agreement, and governing law will survive the termination of these Terms for any reason.
    No Medical Advice. NEITHER AAPA NOR THE SITE(S) PROVIDES MEDICAL ADVICE. THE SITE(S) IS FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE SITE(S) IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SITE(S), INCLUDING THE MATERIAL AND ANY RELATED SERVICES OR INFORMATION, DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTHCARE PROFESSIONAL IMMEDIATELY.
  17. Miscellaneous.
    a. Relationship of the Parties. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and AAPA as result of these Terms or your utilization of the Site(s). These Terms and AAPA’s Privacy Policy represent the entire agreement between you and AAPA with respect to use of the Site(s), and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and AAPA with respect to the Site(s). You may not assign or transfer any rights under these Terms without the prior written consent of AAPA. Please return to the Site(s) and review these Terms from time to time, as they may be amended by AAPA at any time and without notice to you. Any changes to these Terms will be effective immediately upon the posting of the revised Terms to the Site(s). If the Terms or revisions made thereto are unacceptable to you, you should no longer use this Site(s). In addition, AAPA may add, modify, or delete any aspect, program, or feature of the Site(s), but AAPA is not under any obligation to add any upgrade, enhancement, or modification. You agree that AAPA shall not be liable to you or any third party for any modification or cessation of the Site(s).b. Injunctive Relief. You acknowledge that any breach, threatened or actual, of these Terms, including, without limitation, with respect to unauthorized use of AAPA’s proprietary assets, will cause irreparable injury to AAPA, such injury would not be quantifiable in monetary damages, and AAPA would not have an adequate remedy at law. You therefore agree that AAPA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms. Accordingly, you hereby waive any requirement that AAPA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to AAPA to enforce any provision of these Terms.c. Severability. If any provision in the Terms is invalid or unenforceable under any applicable statute, regulation, ordinance, executive order or other rule or law, such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance order or rule, and the remaining provisions of these Terms shall remain in full force and effect.d. Governing Law. The content of the Site(s) is solely for the purpose of promoting AAPA products and/or programs available in the United States (including its territories). AAPA makes no representation that the content of the Site(s) is appropriate or available for use in other countries or locations. If you access the Site(s) from locations other than the United States, you are responsible for compliance with any applicable local laws. These Terms are governed and shall be construed in accordance with the laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms, with the exception of arbitration shall be an appropriate state or federal court located in the Commonwealth of Virginia.
  18. Online Purchases
    All purchases through our Site(s) or other transactions for the sale of goods and/or services, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Updated Terms of Use April 12, 2024