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AFFILIATED ASSOCIATIONS OF AMERICA (AAOA) WEBSITE TERMS and CONDITIONS of USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO
THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
In the event of a conflict between these Terms and the terms of any written
agreement between AAOA and you or your employer, the written agreement shall
control, except that any information or documents that you upload, post,
transmit, distribute or otherwise publish on or to the Site shall not be
treated as confidential information unless transmitted to a portion of the Site
expressly designated for that purpose.
Please review these Terms regularly, as they may change at any time. By using
the Site after a change in the Terms, you agree to follow and be bound by the
Terms as changed.
AAOA has the right at any time to change or discontinue any aspect or feature
of the Web Site, including, without limitation, the content, hours of
availability, and equipment needed for access or use of the Web Site, or
restrict your access to certain Site features. These Terms of Use apply to all
users of the Web Site, including visitors, advertisers, and members.
Intellectual Property. Unless otherwise noted, you should assume that
everything you see, hear, or otherwise receive from or on the Site (the
“Content”) is copyright, trademark, trade dress or other intellectual property
owned or licensed by [Owner] (“[Owner]”) and protected under U.S. and
international laws and treaties. Content includes, without limitation,
software, images, graphics, artwork, photographs, trademarks, logos, text,
documents, media, video, audio, sounds, the Site as a whole, and the selection,
coordination and arrangement of Content.
Trademarks, Marks, Service Marks. All page headers, custom graphics and button
icons are service marks, trademarks, and/or trade dress of AAOA. All other
trademarks appearing on the Web Site are the property of their respective
owners. Unauthorized use of any trademark, service mark, or logo appearing on
the Web Site may be a violation of federal and/or state trademark laws.
Equipment. You shall be responsible for obtaining and maintaining all
telephone, computer hardware, and other equipment needed for access to and use
of the Web Site and all charges related thereto.
Security. We use industry-standard efforts to safeguard the confidentiality of
all information, regardless of whether it identifies you or not. Our security
includes use of firewalls, secure socket layers, and encryption. Your password
(when available) is a component of our security system. As such, it is your
responsibility to protect it. Do not share your password with any third
parties.
E-mail Policy. At various points in the Web Site, we provide visitors the
opportunity to contact us via e-mail. E-mail messages are not encrypted. You
acknowledge and agree that by providing AAOA with any personal or confidential
user information through the e-mail function, you consent to the transmission
of such personal or confidential user information through the public Internet,
and understand that there are risks that this information could be viewed by
other parties. You agree to adhere to procedures that we may establish to
enhance the safety and confidentiality of transmissions of personal data over
the Internet.
Your Use of the Site. You may use or download Content for the purposes
expressly stated for that Content on the Site, or for your personal
noncommercial purposes, provided you keep unchanged all copyright and other
notices with the Content. No other use, modification, reproduction, display or
distribution of any Content is permitted.
You agree to make only lawful use of the Site, and to use the Site only in
compliance with all federal, state and local laws and regulations and any
contract you or your employer may have made with AAOA, including these Terms.
You agree to make no use of the Site that violates anyone else’s rights,
including copyright, trademark, trade secret, right of privacy, right of
publicity or other rights.
You agree not to upload, post, transmit, distribute or otherwise publish on or
to the Site any materials that contain a software virus or other harmful
component. You agree not to publish to the publicly available areas of the Site
any materials that contain advertising or commercial material of any kind,
except as expressly invited by AAOA. You agree not to publish to the publicly
available areas of the Site any materials that are false, threatening,
libelous, defamatory, pornographic, obscene or otherwise unlawful. AAOA is not
responsible or liable for the conduct of any person using the Site.
Consent. By clicking “I agree,” you state that you are over 18 years of age and
competent to enter into a contract. If you are installing software for use at
or by your employer, you state that you are authorized to enter this contract
for your employer.
Violations of Rules and Regulations. We reserve the right to seek all remedies
available at law and in equity for violations of the rules and regulations set
forth herein, including the right to block access from a particular Internet
address to this Web Site.
Restrictions on Use. Access to the Web Site, other than to portions open to the
public, is controlled by individual passwords. Individuals may not share their
passwords with anyone else or permit their passwords to be used to provide
anyone else with access to non-public portions of the Web Site.
Links. The links in this web site will let you leave our web site. The linked
sites may not be under our control, and the content available on the Internet
sites linked to this web site may not necessarily reflect our opinion. We are
providing these links to other Internet sites as a convenience to you, and
access to any other Internet sites linked to this web site is at your own risk.
The inclusion of any link does not imply that we recommend or endorse the
linked site, or make any representations as to the veracity or reliability of
the information or services provided in the linked site.
You may not link to any pages other than the AAOA home page. You may not create
links to the Site that portray AAOA in a false or misleading light. You may not
use any “framing” or similar techniques to enclose any portion of the Site.
User Comments and Submissions. To submit comments regarding our Site or
services, please contact us at webmaster@aaoamerica.org. However, if you are
dissatisfied with the Site, any Content, or any of the Terms, your sole and
exclusive remedy is to stop using the Site.
Disclaimers and Limitations of Liability. You use this site at your own risk to
the fullest extent allowed by law, AAOA makes no representations or warranties
of any kind in connection with the site. AAOA provides this site, all content
and all information and services offered on or through the site, “AS IS.” AAOA
disclaims all express and implied warranties, including but not limited to
accuracy, completeness, implied warranty of merchantability, quiet enjoyment,
fitness for a particular purpose and non-infringement.
AAOA will not be liable for any loss , injury or damage related to your use of
or inability to use the site, including without limitation direct, indirect,
special, compensatory or consequential damages, lost profits or loss of or
damage to property, even if AAOA has been advised of the possibility of such
damages.
Applicable Law and Dispute Resolution. The Terms will be construed according to
the laws of the State of Washington, U.S.A., without regard to its conflicts of
laws principles. Any dispute arising under or relating to the Terms, the
Content, the use of the Site, or any services obtained using this Site, shall
be resolved by a court of competent jurisdiction located in King County,
Washington. Your use of the Site constitutes your consent to submit to the
jurisdiction and venue of the state and federal courts located in Washington.
In the event of a dispute hereunder, the prevailing party shall be entitled to
recover its costs and expenses incurred, including reasonable attorneys’ fees.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH EVENT THE ABOVE LIMITATION OR
EXCLUSION MAY NOT BE APPLICABLE. IN NO EVENT SHALL AAOA'S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND/OR
USING THIS WEB SITE.
Indemnification. You agree to assume full responsibility for any use of any
information, goods or services offered on or through the Site. You understand
and agree that AAOA will not be responsible or liable for any claim, loss or
damage arising from the use of any information, goods or services on the Site.
You agree to defend, indemnify and hold harmless AAOA and its officers,
directors, owners, agents, employees, affiliates, licensees and licensors from
and against any and all claims, actions, demands, damages, costs liabilities,
losses and expenses, including reasonable attorneys’ fees, arising from or
related to your use of the Site or your violation of any of the Terms of Use or
any applicable law, statute, ordinance or regulation.
Termination. Your failure to comply with the Terms automatically revokes your
authorization to use the Site and any Software, and terminates any and all
rights granted to you under the Terms. Your obligations to AAOA will continue
upon termination of your rights under the Terms, including restrictions
regarding the Content, disclaimers, indemnification obligations and liability
limitations under the Terms. Upon termination of your rights, you must promptly
destroy all Content downloaded or obtained from this Site, as well as all
copies of any Content.
Miscellaneous. If a court of competent jurisdiction finds any provision or
portion of the Terms to be void or unenforceable, that provision or portion
will be enforced to the maximum extent permissible to implement the intent of
the Terms, and the remainder of the Terms will remain in full force and effect.
No waiver of any of the Terms shall be effective unless in writing and signed
by both parties. No waiver of any past or present right arising from any breach
or failure to perform shall be deemed to be a waiver of any future right
arising under the Terms. The Terms are the entire agreement between you and
AAOA relating to the Site. Any other agreement between you and AAOA regarding
the subject matter of the Terms is superseded and has no force or effect. All
rights not expressly granted herein are reserved.
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