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Terms of Use

AMERICAN ACADEMY OF PEDIATRICS
TERMS OF USE

By using or accessing this Web site you signify your acknowledgment of and assent to the Terms of Use set forth below. We reserve the right to revise these terms at any time by posting revised terms to this Web site, and your use after such change signifies your acceptance of the changed terms. Please check these Terms of Use periodically for changes.

OWNERSHIP OF SITE

This Web site is owned and operated by The American Academy of Pediatrics (collectively "AAP," "we," or "us"). In connection with viewing and using this Web site you are permitted to temporarily download one copy of the materials posted on this Web site onto a single computer for informational use only. Bots, spiders and other indexing or automated agents are not permitted to access or index this Web site or to download or copy information from this site for any purpose.

Except as otherwise specifically provided elsewhere on this Web site, redistribution, retransmission, republication or commercial exploitation of the contents of this Web site are expressly prohibited without our written consent and that of any copyright owner from whom we have obtained a license. Requests for such permission should be made to the AAP Webmaster (webmaster@aap.org). All rights not expressly granted herein are reserved. Downloading of any information, content or images from this Web site does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used only in accordance with these Terms of Use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without written permission from the American Academy of Pediatrics.

CONTENTS AND HYPERLINKS

This Web site contains hyperlinks to third party Web sites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. The AAP has no control over the content or policies of such third party Web sites, and thus we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any Web sites hyperlinked to this Web site. Those who choose to access information from this Web site (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.  

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT

The AAP does not ordinarily monitor, filter, censor, edit or regulate information and content provided by third parties on this Web site, including any such information provided in chat rooms, bulletin boards or other interactive areas, but reserves the right to do so in its sole discretion. The AAP neither endorses nor are we liable for the contents, accuracy or reliability of such information and content.

By participating in interactive portions of this Web site, you represent that you have proper right and authorization to use any information or content you upload or post, and you automatically grant (or warrant that the owner of such materials has expressly granted) to the AAP an unlimited, royalty-free, irrevocable license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such content into any form, medium, or technology now known or later developed. In addition, you warrant that all so-called "moral rights" in those materials have been waived. Finally, you agree to abide by the following code of acceptable conduct:

(1) You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
(2) You will not upload viruses or harmful components.
(3) You will not use the Web site to further any unlawful purpose or to violate the rights of any party.
(4) You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
(5) You will not utilize this Web site to engage in communications leading or related to an agreement in restraint of trade, to exchange specific information relating to your prices, profits, or costs, or in any other manner to limit competition or restrain trade in violation of state and federal antitrust laws.

The AAP will assist law-enforcement officials in investigating illegal activity or violations of these Terms of Use. Any Web site user who believes a violation of this Code of Conduct has occurred is encouraged to report it to the AAP Webmaster (webmaster@aap.org).

USER SUGGESTIONS

We are pleased to hear from our visitors and members. However, any original or creative ideas you disclose to us, including via e-mail or interactive portions of this Web site, shall be deemed the property of the AAP. We are free to use any such disclosure for any purpose and in any media without compensation. You hereby release the AAP from any liability under any legal theory in connection with the use, modification, sale, or distribution of any such disclosure.

PRODUCTS, SERVICES AND SOFTWARE

Downloading software from this Web site does not give you title to such software, including any files, data and images incorporated in or associated with the software. Accordingly, you acknowledge that you shall use any such software only in accordance with the license agreement that is included with the software or presented upon download of or access to such software. Software available on this Web site is copyrighted by the AAP or its owner. Such software may not be copied, redistributed or placed on any server for further distribution and you agree not to sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

A description or reference to a product, service or publication on this Web site (including any description or reference via hyperlink) does not imply endorsement by the AAP of that product, service or publication.

Your purchase of books or other products from this Web site is also subject to any terms of sale presented in connection with such purchase. Products and software offered through this Web site shall be warranted, if at all, only through the written license or warranty provided in connection with such product or software. In the event that a product is listed at an incorrect price due to mistake, typographical error, or error in pricing information received from suppliers, we will have the right to refuse or cancel any orders placed for the products listed at the incorrect price, whether or not the order has been confirmed or accepted.

NO REPRESENTATIONS OR WARRANTIES

THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, OR ANY WARRANTY THAT THIS WEB SITE IS FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE. YOU AGREE TO HOLD THE AMERICAN ACADEMY OF PEDIATRICS HARMLESS FROM AND YOU COVENANT NOT TO SUE US FOR ANY CLAIMS BASED ON USE OF THIS WEB SITE OR USE OR RELIANCE ON THE INFORMATION CONTAINED THEREIN. DEPENDING UPON APPLICABLE LAW, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

INDEMNIFICATION FOR ACCOUNT

AAP members are responsible for maintaining the confidentiality of their passwords and accounts, and for all activities that occur under their accounts. If you are a member, you agree to indemnify, defend and hold the AAP harmless from and against any and all liabilities and costs (including reasonable attorney's fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of this Agreement or from use of your account, including the content of messages posted using your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. We reserve the right, at our expense, to assume the defense and control of any matter subject to indemnification by you.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE AMERICAN ACADEMY OF PEDIATRICS BE LIABLE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY USE OF, OR THE INABILITY TO USE, ANY CONTENT ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEPENDING UPON APPLICABLE LAW, THIS EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AAP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) RELATED TO THIS Web site EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.

JURISDICTION AND CHOICE OF LAW

Information published on this Web site may contain references to products, programs and services that are not applicable to or available in your country or region. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois applicable to contracts made and to be performed in that state. You and the AAP irrevocably consent to the exclusive jurisdiction of the courts located in Illinois in connection with any action arising out of or related to these Terms of Use or their subject matter and waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

TRADEMARKS AND COPYRIGHTS

Nothing on this Web site shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of the AAP or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners. Except as otherwise noted, the AAP is the owner of all trademarks and service marks on this Web site, whether registered or not, including but not limited to the following:. THE AMERICAN ACADEMY OF PEDIATRICS, EDUCATION IN QUALITY IMPROVEMENT FOR PEDIATRIC PRACTICE, FRIENDS OF THE CHILDREN FUND, PEDIALINK, PEDIATRICS, PEDIATRICS IN REVIEW, PREP, RED BOOK, TIPP and our AAP Logo. All registered trademarks are registered in the United States of America (and other applicable jurisdictions). Unless otherwise indicated, all material on this site is © American Academy of Pediatrics. All rights reserved.

SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY

Please see our Privacy Statement for information regarding the collection and use of personal information from this Web site. Despite any representations concerning privacy, we reserve the right to disclose without notice to you any information in our possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this Web site may include additional or different terms relating to the use of personal information collected from such areas or pages and, in the context presented, in the event of any conflict between those specific terms and these Terms of Use or our Privacy Statement, those specific terms shall control.

GENERAL

These Terms of Use represent the entire understanding relating to the use of this Web site and prevail over any prior or contemporaneous, conflicting or additional communications. Specific areas or pages of this Web site may include additional or different terms relating to the use of this Web site or the rights or obligations of you or the AAP. In the event of a conflict between such additional or different terms and these Terms of Use, such additional or different terms shall control in the context presented.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Web site is strictly prohibited. We reserve all legal rights and remedies available to us and this disclaimer shall in no way be deemed a limitation or waiver of any other rights the AAP may have.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent: Webmaster, American Academy of Pediatrics, 141 Northwest Point Blvd, Elk Grove Village, IL, 60007, 847-434-7136, webmaster@aap.org

To be effective, such notification must be in writing, comply with applicable law and provide the following: (1) information reasonably sufficient to permit the AAP to locate the copyrighted work claimed to have been infringed (the "Work"); (2) the complaining party's contact information including an email address if available; (3) a statement that the complaining party has a good-faith belief that use of the Work in the manner complained of is not authorized by the copyright owner, its agent, or the law; (4) a statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (5) a physical or electronic signature of the complaining party.

CONTACT INFORMATION:

141 Northwest Point Boulevard
Elk Grove Village, IL, 60007
Tel: 847-434-4000
kidsdocs@aap.org

These Terms of Use are effective as of October 21, 2005.