These terms of use ("Terms of Use") apply to the American Podiatric Medical Association ("APMA") Website located at www.apma.org and any other website owned or controlled by APMA or is otherwise made available by APMA to you from time-to-time ("Site").
Please read these Terms of Use carefully before using this Site. By using this Site (1) you represent and agree that you are bound by these Terms of Use and any other terms that may apply or are posted in specific locations on the site; and (2) you have read and understood these Terms of Use as well as the APMA Online Privacy Policy (the “Privacy Policy”), which is expressly incorporated into and made part of these Terms of Use, and consent to the use of your personally identifiable information by APMA in accordance with the terms of the Privacy Policy and these Terms of Use. To the extent there is a conflict between these Terms of Use and any such additional terms, the additional terms shall prevail.
We reserve the right to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. You should visit this page from time to time to review the current terms. If you do not agree to these Terms of Use, you should not access or use this Site.
Medical Disclaimer
The information made available by APMA or the Site is provided for informational and educational purposes and is not intended as or to substitute for medical advice from a health care provider.
License; User Conduct
APMA hereby grants you a nonexclusive license to use the Site solely for your personal use, unless you obtain express authorization from APMA. You may not make any unauthorized or commercial use of our interactive features. You warrant that with respect to your use of the Site you will not engage in any conduct or action that is prohibited by or violates any federal, state or local laws.
You warrant that you will provide and maintain at all times, and upon request by APMA, true and accurate, complete information, including without limitation with respect to your user account and registration information. APMA reserves the right to suspend and/or terminate your access and use of the Site without notice in the event any of your information is inaccurate or incomplete. Further, you warrant and agree that in your use of the Site you will not impersonate any other person or entity, whether actual or fictitious, and you further warrant and agree not to distribute, publish or otherwise communicate any content which defames, abuses or threatens others, contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
You agree not to upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized materials, including spam or chain letters, or any material that contains software viruses or any other computer files or programs intended to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise disrupt the servers or networks connected to this Site.
Restrictions on Use of Materials
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, video, design, graphics, or other material contained on this Site ("Content") is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You may not copy, reproduce, distribute, or create derivative works from this Content or otherwise use, transmit, rebroadcast, publish, or distribute in any form this Content other than as expressly authorized by these Terms of Use, without APMA's prior, written consent. However, except if otherwise noted on this Site, you may download or duplicate one (1) copy of such Content for personal use only, provided you:
Except as otherwise provided under "Linked Sites" below, using any of our Content for a commercial purpose without our express written consent-violates our copyrights and other proprietary rights.
Trademarks
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this Site are the property of APMA, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without APMA's prior written consent. The use of Marks on any other website is prohibited, without prior written consent of APMA.
Submissions
We are pleased to receive your comments and suggestions about this Site and the services we provide. However, any information, including comments, suggestions, ideas, notes, drawings, concepts or other materials or information ("Submissions"), that you provide through this Site, or in response to any Content on this Site, will be considered non-confidential, and will become the property of APMA.
APMA and its designees may use any Submissions without restriction, and you grant, without limitation, the worldwide, perpetual, royalty-free, irrevocable right to reproduce, modify, edit, publish, make derivative works from and sell and distribute such Submissions in any and all forms and media, now or hereafter discovered, and for APMA to license others to do the same.
If we receive online Submissions that contain personally identifying information about the provider, such as their name, addresses, and telephone number, our Privacy Policy will govern how we will use or disclose this information. Please refer to our APMA Online Privacy Policy for further information.
Digital Millennium Copyright Act (“DMCA”) Notice
APMA is committed to complying with copyright and related laws, and requires all visitors to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. The policy of APMA is to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to APMA by the copyright owner or the copyright owner's legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. APMA's designated agent (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted using the Application in a way that constitutes copyright infringement, please provide our designated agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located to permit us to locate the material; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows:
By E-Mail: privacy@apma.org with the subject line “DMCA”
By Mail:
Attention: Deputy Executive Director
American Podiatric Medical Association
11400 Rockville Pike, Suite 220
Rockville, MD 20852
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APMA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE THIS SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF APMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of Warranties
While every effort is made to ensure accuracy, APMA makes no warranty that this Site will meet your requirements or that it will be uninterrupted, timely, secure or error-free; nor does APMA make any warranty as to the results that may be obtained from the use of this Site or as to the accuracy or reliability of any information obtained through the Site. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, APMA PROVIDES CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL APMA OR ITS COMPONENTS, AFFILIATES, EMPLOYEES, OR OFFICERS, NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE PROCUREMENT OF GOODS AND SERVICES, OR ANY STATEMENTS OR INFORMATION PROVIDED BY OR OBTAINED THROUGH THE SITE OR ANY OTHER PERSON IN CONNECTION WITH THE USE OF THE SITE, EVEN IF APMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your sole remedy for any dispute with the Site or any information provided or contained herein or with these Terms of Use is to terminate your use of the Site.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Linked Sites
APMA members and other medical professionals may link to this Site. APMA is not necessarily affiliated or associated with websites operated by sponsors, producers or other third parties that link to or from the Site. We reserve the right to terminate any link or linking program at any time.
This Site may contain hyperlinks to websites operated by parties other than APMA. Inclusion of hyperlinks by APMA to websites does not imply any endorsement of the material on such websites or any association with their operators, and you access and use such sites, including information, material, products, and services therein, solely at your own risk.
Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless APMA, its officers, directors, employees, agents, representatives, components, affiliates, suppliers, licensors, distributors, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses) incurred in connection with any claim, demand, suit, action, or proceeding arising out of or related to a breach by you of these Terms of Use or in connection with your use of this Site or any product or service related thereto.
Termination
This license will automatically terminate in the event you breach any of its terms, provided, however, those terms that are intended to survive termination shall survive.
Governing Law
This Agreement and the relationship between you and APMA shall be governed by and construed in accordance with the laws of the state of Maryland. Any controversy or claim arising out of or relating to these Terms of Use relating to use of this Site and the Content shall be resolved in a Maryland court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
Entire Agreement
These then-current Terms of Use, together with the Privacy Policy and any additional terms agreed to or incorporated herein, constitutes the entire agreement between you and APMA with respect to the Site, any information contained therein and your use thereof, and supersedes any previous written or oral agreement between you and APMA.
Waiver/Severability
The waiver by either party of a breach or right under these Terms of Use will not constitute a waiver of any subsequent breach or right. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.