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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
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.
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.
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.
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: email@example.com with the subject line “DMCA”
Attention: Deputy Executive Director
American Podiatric Medical Association
9312 Old Georgetown Road
Bethesda, MD 20814
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.
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.
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.
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.
Reservation of Rights
Any rights not expressly granted herein are reserved.