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.
The AAP does not allow the unauthorized use of its logos,
trademarks, or other graphics to create links. Text links are permitted
to this site only upon our prior written approval and must be made to
our site home page at www.aap.org rather than to any other specific
pages within our site. If you want to link to this Web site please
contact the AAP Webmaster (webmaster@aap.org) before creating that link
so that your site may be previewed.
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:
- You will not upload or otherwise provide infringing,
defamatory, obscene, pornographic, threatening, abusive, illegal or
otherwise improper content.
- You will not upload viruses or harmful components.
-
You will not use the Web site to further any unlawful purpose or to violate the rights of any party.
-
You will not upload or otherwise provide content with a
commercial purpose or attempt to solicit funds or advertise goods and
services.
-
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. The AAP.org Editorial Team can be reached at webeditor@aap.org.
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.
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.
