- ACCEPTANCE OF TERMS
The Alliance for Academic Internal Medicine (AAIM) provides its online service through www.im.org, subject to the following Terms of Service (“TOS”), which may be updated by AAIM or its representatives from time to time. The most current version of the TOS can be reviewed at any time through the use of our website (www.im.org). The Terms of Service govern both AAIM Member and Affiliate Organizations as well as the Vendors it has granted access to www.im.org (collectively referred to hereafter as Users).
- AAIM REPRESENTATIVES
AAIM has contracted with Higher Logic, Inc. to act as a representative of AAIM with respect to www.im.org.
- DESCRIPTION OF SERVICE
The AAIM website currently provides Users with access to a rich collection of resources, including, various communication tools, forums, file areas, and personalized content through its online interface (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. Users are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). Users are responsible for those fees. In addition, Users must provide and are responsible for all equipment necessary to access the Service.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY
Users will receive a username and password at the time of establishing a customer account with the Alliance. Users are responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under such password or account and should exits from its account at the end of each session. The Alliance agrees to immediately notify Users of any unauthorized use of Users’s password or account or any other breach of security. AAIM and its representatives will not be liable for any loss or damage arising from Users’s failure to comply with this Section 4.
- MEMBER CONDUCT
Users understand that all information, data, text, software, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the Users, and not AAIM or its representatives, is entirely responsible for all Content that it uploads, posts, emails, transmits or otherwise makes available via the Service. AAIM and its representatives do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.
Users agrees to not use the Service to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, or falsely state or otherwise misrepresent its affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, email, transmit or otherwise make available any Content that Users does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes,”;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses, malware, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- Interfere with or disrupt the Service or servers or networks connected to the Service;
- Intentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “Stalk” or otherwise harass another;
- Collect or store personal data about other users;
- Upload, post, email, transmit identifiable health information; or
- Upload, post, email, transmit vacant faculty and staff employment opportunities.
Users acknowledges that AAIM and its representatives do not pre-screen Content, but that AAIM and its representatives shall have the right (but not the obligation) in their sole discretion to reclassify within the Service any Content that is available via the Service. Without limiting the foregoing, AAIM and its representatives shall have the right to remove any Content that violates the TOS.
Users understands that the technical processing and transmission of the Service, including its Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, Users agree to comply with all applicable laws of the United States regarding online conduct and acceptable Content. Specifically, Users agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which Users resides.
Users agree to indemnify and hold AAIM and its representatives, their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Content Users submits, posts, transmits or makes available through the Service, or breach of the TOS.
- NO RESALE OF SERVICE
Users agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- DEALINGS WITH ADVERTISERS
Users’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Users and such advertiser. Users agrees that AAIM and its representatives shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The AAIM website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AAIM and its representatives have no control over such sites and resources, Users acknowledges and agrees that AAIM and its representatives are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Users further acknowledges and agrees that AAIM and its representatives shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third party sites or resources, or any goods or services available on or through any such site or resource.
- PROPRIETARY RIGHTS
Users acknowledges and agrees that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Users further acknowledges and agrees that Content contained in sponsor advertisements or information presented to Users through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AAIM and its representatives, or advertisers, Users agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
AAIM grants Users a personal, non-transferable and non-exclusive right and license to use the object code of its Software on their computer; provided that Users does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Users agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Users agrees not to access the Service by any means other than through the interface that is provided by AAIM and its representatives for use in accessing the Service.
- DISCLAIMER OF WARRANTIES
Users expressly understands and agrees that:
- Users’s use of the service is at its sole risk to the extent permitted by law. The service is provided on an “as is” and “as available basis”. AAIM and its representatives expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement..
- AAIM and its representatives make no warrany that (i) the service and information received through the service will meet Users’s requirements, (ii) the service will be uninterrupted, timely, secure, error-free, or virus-free, (iii) any information that may be obtained from the use of the service will be accurate or reliable, (iv) any errors in the software will be corrected.
- Any material downloaded, viewed or otherwise obtained through the use of the service is done at Users’s own discretion and risk and that Users will be solely responsible for any damage to Users's computer systems and networks, or loss of data that results from the download, viewing or use of any such material.
- EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above limitations of section 12 may not apply to Users.
Notices to Users may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Any Notice that Users is required or may desire to give to the AAIM and its representatives under or in conjunction with the TOS or any agreement between the parties shall be made via email to email@example.com and shall be deemed to have been duly delivered based on the date that the electronic mail is received by the AAIM mail servers.
- TRADEMARKS AND LOGOS.
All trademarks, service marks, trade names or other words or symbols (“Marks”) identifying AAIM and its representatives will remain such Party's exclusive property. Users agree to not take any action that jeopardizes the other Party's proprietary rights or acquire any rights in the Marks. Except as specifically stated otherwise in an addendum or amendment hereto, no license to use any AAIM logo, or the logos of their representatives is granted in this section.
- COPYRIGHTS and COPYRIGHT AGENTS
AAIM and its representatives respect the intellectual property of others, and requires Users to do the same. If Users believes that its work has been copied in a way that constitutes copyright infringement, or its intellectual property rights have been otherwise violated, please provide AAIM the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that Users claims has been infringed;
- A description of where the material that Users claims is infringing is located on the site;
- Users’s address, telephone number, and email address;
- A statement by Users that Users has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by Users, that the above information in Users’s notice is accurate and that Users is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Upon receipt of such information, the AAIM and its representatives, at its sole discretion, may perform an investigation and may take appropriate action if it desires.
- GENERAL INFORMATION
The TOS and any Subscription Agreement between Users and AAIM and its representatives constitute the entire agreement between Users and the AAIM and its representatives and govern your use of the Service, superseding any prior agreements between you and AAIM and its representatives. The failure of AAIM or its representatives to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.