Terms of Use

Please read these Terms of Use (“Terms”) carefully. By using the Website, you agree to be bound by these Terms. You represent and warrant that You possess the legal right and ability to enter into these Terms and use the Website in accordance with these Terms. As used in these Terms:

  • “Website” means the “staging.aoassn.org” website.
  • “We,” “our,” “us” and “AOA” refer to The American Orthopaedic Association.
  • “You,” “user,” or collectively “users,” refers to any party who accesses the Website.
  1. Changes to these Terms and Accessibility

We may amend these Terms at any time without prior notice by posting the amended terms on the Website. Use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, you should review these Terms whenever you use the Website.

AOA has the exclusive right to control accessibility, hours of use, features on the Website, and any other information found on the Website. AOA can restrict access to any or all portions of the Website or remove any information or content from the Website at any time. AOA reserves the right, but shall not be obligated, to monitor use of the Website.

  1. Use of Material.

2.1. Material on the Website, including but not limited to text, software, code, graphics, images, data, audio and video (collectively, the “Materials”), is owned by the AOA or third-party licensors. The AOA or third-party licensors retain all proprietary rights to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how). Unless otherwise indicated on the Website, except for downloading one copy of the Materials for your personal, noncommercial use and/or printing copies of the Materials for such use, you may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute or otherwise use the Materials in any way without first obtaining the written permission of the AOA. Requests for permission for uses not authorized by these terms may be sent to:

The American Orthopaedic Association
9400 West Higgins Road, Suite 205
Rosemont, Illinois 60018-4263
E-mail to: info@aoassn.org

2.2. You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not frame or utilize framing techniques to enclose all or any portion of the Website. You may not use any metatags or any other similar hidden text utilizing the AOA’s name or trademarks.

2.3. If you violate any portion of this Section 2, your permission to use the Materials and the Website automatically terminates.

  1. User Postings

3.1. As a user of the Website, you are responsible for your own communications and are responsible for the consequences of any of your postings on the Website. By submitting any material for posting on the Website, you automatically grant (or, if you are not the owner, you warrant that the owner of such material has expressly granted) the AOA a royalty-free, perpetual, irrevocable, nonexclusive and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise use and exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed.

3.2. We do not represent or guarantee the accuracy, completeness or reliability of any material posted by users of the Website nor do we endorse any opinions expressed by any users. You may rely on material posted by other users only at your own risk. Although we may occasionally screen or monitor material posted by users, we do not do so systematically, and we are not obligated to do so.

3.3. We may for any reason edit, refuse to post or remove without notice any materials posted by users. However, we have no obligation to edit, refuse to post or remove any material, including material that you may find objectionable or offensive or that violates these Terms. If you become aware of any material that violates these Terms, you may email such information to us at info@aoassn.org. However, we do not guarantee that any action will be taken as a result of your contact. We reserve the right to expel any user and to prevent further access to the Website for any reason, including violation of these Terms or applicable law, or for no reason at all. However, we have no obligation to expel any user or to prevent further access to the Website.

 

  1. User Policies

4.1 User Name & Password.  User may be required to select a username and password when accessing certain portions of the Website. AOA may refuse to grant a Username/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by AOA’s sole discretion. User is solely and fully responsible for maintaining the confidentiality of his/her username and password, and is solely and fully responsible for all activities that occur under his/her username and password. User agrees to: (a) immediately notify AOA of any unauthorized use of a username and password or any other breach of security and (b) ensure that User logs off at the end of each session. AOA will not be liable for any loss or damage arising from User’s failure to comply with this Section 4.1.

4.2 User Restrictions.  You may not do any of the following while using the Website:

      • Interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.
      • Attempt to gain unauthorized access to the Website, computer systems or networks connected to the Website, through password mining or any other means;
      • Interfere with another user’s use and enjoyment of the Website.
      • Upload any message, information, data, text, software, graphic files or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, sexually, ethnically or otherwise objectionable;
      • Upload Content that contains a virus, corrupted file, or other harmful component;
      • Impersonate any person or entity, including but not limited to AOA personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any Content under a fictitious name;
      • Upload any Content that you do not have a right to upload under law or under contractual or fiduciary relationships (including but not limited to nondisclosure agreements);
      • Upload any information or grant permissions to view information to any person in a manner that exceeds your contractual or other legal authority;
      • Upload any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation (commercial or non-commercial);
      • Intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another’s use of the Website; or
      • Upload any Content that violates or infringes any patent, trademark, trade secret, copyright, privacy or any right, of whatever nature, of anyone.
      • If you violate any of this Section 4, your permission to use the Materials and the Website automatically terminates.
  1. Linking to the Website

You may provide a link on your site to the Website subject to the following requirements:

    • You may not frame, deep link, or alter the appearance or visual presentation of the Website.
    • You may not state or imply that we endorse, sponsor or otherwise approve your site or any other sites, unless it is true and accurate. Links to the Website may not be used in a way that implies or suggests that we approve or endorse you, your website or your goods and services, unless it is true and accurate.
    • Links may be text-based using the words: “American Orthopaedic Association,” “AOA,” or “aoassn.org” or graphics based using the AOA Emblem (the “Licensed Marks”), subject to the terms and conditions. These terms and conditions can be obtained by emailing info@aoassn.org.
    • Requests for permission to link to other parts of the Website may be sent to info@aoassn.org
    • You may not use the Licensed Marks on any site that disparages us or any of our affiliates, or presents false information about us or any of our affiliates.
    • You may not use the Licensed Marks as a predominant feature of your site. At a minimum, this means that the Licensed Marks must appear smaller than your web page title and any of your marks or logos, they may not be displayed more prominently than other marks or logos on your page, and they should not appear at the top of the page, but rather at the bottom, along the sides or in some location less prominent than the top.
    • You may not use the Licensed Marks in any manner that would adversely affect the name, reputation or goodwill of the AOA, or use the Licensed Marks on any site that contains any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, ethnically, sexually or otherwise objectionable.
    • You may not use the Licensed Marks on any site that violates or infringes any patent, trademark, trade secret, copyright, privacy or any other right, of whatever nature, of anyone, or that violates or encourages or assists another to violate any law or regulation.
    • We will have no responsibility or liability for any content appearing on your website. You agree to defend, indemnify and hold harmless the AOA and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your website. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation as we may request.
    • By linking, you acknowledge and agree that, other than as specifically set forth in these Terms, all rights to the Licensed Marks and other AOA marks and logos belong to the AOA. In addition, you acknowledge the validity of the AOA’s ownership in the Licensed Marks and other AOA marks and logos and will not contest such ownership or the validity of any registrations of the AOA relating to such marks and logos. You agree that use of the Licensed Marks shall inure to the benefit of the AOA. If you happen to obtain any rights or goodwill in the Licensed Marks, you agree that all such rights and goodwill will automatically vest in the AOA and you will take all actions necessary to effect such vesting.
    • You are prohibited from using the AOA marks or logos or any names, marks or other materials in a manner that is likely to cause confusion with, dilute or damage the reputation or image of the AOA.
    • We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to the Website from your site.

Subject to these Terms and your compliance with the above requirements, the AOA agrees to grant you a limited, non-exclusive, non-transferable, royalty-free license to use the Licensed Marks solely for the purpose of establishing any link that is permitted hereunder. Except for the limited license to use the Licensed Marks set forth in this paragraph, you may not use any of the AOA’s trademarks or service marks or logos for any other reason without the express written permission of the AOA. The AOA may, at any time, in its sole discretion, without cause, terminate the license granted herein to use the Licensed Marks and your right to link to any pages on the Website. Upon our request, you agree to immediately remove all links to the Website and to cease using the Licensed Marks. Without limiting the foregoing, if you violate any of this Section 5, your license to use the Licensed Marks and your right to link to any pages on the Website automatically terminates. Thereafter, any future links to the Website will require the express written permission of the AOA.

  1. Links to Third-Party Sites

The Website contains links to third-party websites. These links are provided solely for your convenience. They are not an endorsement by us of the contents of such third-party websites. We are not responsible for the content or practices of linked third-party sites. We do not make any representations or warranties about the content or accuracy of materials on such third-party websites or the practices of such sites. If you decide to access linked third-party websites, you do so at your own risk. You are encouraged to review the terms of use, privacy policy, and other policies of any linked site, as the policies of the linked site may differ from those of the Website. Any dealings among any User and any third parties mentioned on or found through the Website are solely between the User and the third parties, and are subject to any terms, conditions, warranties, or representations associated with those dealings.

  1. Submissions

We welcome comments regarding our Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) submitted to us will be our exclusive property. Submission of any such Comments constitutes an assignment to the AOA of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments, and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. The AOA will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any Comments that you do not desire to assign to the AOA, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

  1. Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact the organization at info@aoassn.org.

  1. Indemnification.

You agree to defend, indemnify and hold harmless the AOA and its affiliates and their officers, directors, employees and agents, from and against any and all claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your use of the Website or the Materials, material that you post to the Website or otherwise provide to the AOA, or your breach or violation of these Terms. The AOA reserves the right to defend any such claim, and you agree to provide the AOA with such reasonable cooperation as it may request.

  1. Disclaimer of Warranties.
    10.1. The Website, the Materials and the Licensed Marks are provided on an AS-IS, AS-AVAILABLE basis without any warranty of any kind, either express or implied. To the fullest extent permitted by law, the AOA, its affiliates and its suppliers disclaim all warranties, express or implied, including, but not limited to, any warranty of merchantability, non-infringement or fitness for a particular purpose.
    10.2. You understand and agree that: (a) we are not responsible for the timeliness, misdelivery, deletion or failure to store any information uploaded (or attempted to be uploaded) by you or any other user; (b) we make no warranty as to the accuracy or completeness of the information and services provided or obtained through the Website or the results of your use of the Website; (c) it is your responsibility to evaluate the accuracy, completeness and usefulness of all information obtained or provided through the Website; (d) we may, in our sole discretion, modify, add or discontinue any aspect, content or feature of the Website; and (e) the information on the Website may contain typographical errors or inaccuracies and may not be complete or current and, therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
    10.3.  You understand and agree that use of the Website and the Materials is at your sole risk, that any materials downloaded or otherwise obtained through the use of the Website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such materials. We make no warranty or representation as to the security of any information you transmit to us.
  2. Limitation of Liability
    In no event shall the AOA, its affiliates or its suppliers be liable for any damages whatsoever (including, but not limited to, direct, indirect, incidental, consequential, punitive or exemplary damages, or any damages for loss of profits, use, data, goodwill or other intangibles) arising from or in any way connected with these Terms, the use of (or the inability to use) the Website or the Materials, the Licensed Marks, or any information, goods or services obtained on or from the Website, whether based on warranty, contract, tort (including, but not limited to, negligence), or any other legal theory, and whether or not the AOA is advised of the possibility of such damages.
  1. Privacy Notice

Be sure to check our Privacy Policy to understand our practices. The Privacy Policy is subject to these Terms and is incorporated by reference herein.

  1. Miscellaneous

13.1. Location. The Website is based in the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

13.2. Termination of Agreement. Either AOA or User may terminate these Terms at its discretion. In addition to AOA’s other rights, AOA may terminate access to this Website or cancel access to any service that AOA provides on the Website if User breaches these Terms in any way or engages in conduct that AOA deems inappropriate.
13.3. Medical information. The Materials are provided for informational purposes only and are not intended as medical advice. AOA also cannot answer unsolicited e-mails requesting personal medical advice.  Users should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
13.4 Governing Law. These Terms will be governed by the internal laws of the State of Illinois, without regard to its choice of law provisions. You agree that any action arising out of or relating to these Terms may be brought only in a court of competent jurisdiction in Cook County, Illinois, and you hereby consent to the jurisdiction, venue and convenience of such courts.
13.5. Interpretation.  Headings in these Terms are for convenience only and shall not be used to interpret or construe its provisions. If any provision of these Terms is found to be invalid, void or unenforceable by any court having competent jurisdiction, the remainder of these Terms shall remain in full force and effect. Any waiver of any provision of these Terms will be effective only if it is in writing signed by the AOA. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. No inference or presumption shall arise against or in favor of either party because it did or did not draft this document or any provision hereof.

 

Last Updated: December 16, 2020