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ACAAI Terms of Use 

Thank you for visiting the American College of Allergy, Asthma & Immunology ("ACAAI") Web site (the "Site"). Please be aware that visitors are subject to the following terms and conditions of use (these "Terms") established by the ACAAI. Please read these Terms carefully and thoroughly. BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ANY CHANGES TO THESE TERMS. If you do not agree to these Terms, you are not authorized to access and use the Site.

ACAAI may change these Terms, the Site, and any of its Content (as defined below), at any time, without prior notice to you, and all changes are effective when ACAAI posts a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. ACAAI may change, suspend, or discontinue any aspect of the Site at any time, including availability of any Content.

Ownership

The Site is provided as a service of the ACAAI. All content, images, information, and other materials contained within the Site, and the compilation and design of all materials (collectively, "Content"), are the property of ACAAI, or used by ACAAI with permission, and are protected under U.S. and international copyright and trademark laws, whether or not a notice of copyright, trademark, or other proprietary rights appears on the screen displaying the information. You agree that you acquire no ownership interest by accessing and using the Site or the Content.

Permission to Access

You may access and use the Site only for personal or other non-commercial, educational purposes. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so on your own initiative and at your own risk, and you are responsible for complying with applicable local laws.

You may not access, use, or copy any portion of the Site or the Content through the use of bots, spiders, web crawlers, scrapers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.

Privacy Policy

Information that you provide or that ACAAI collects about you through your access to and use of the Site is subject to ACAAI’s Privacy Policy, the terms of which are hereby incorporated by reference to these Terms.

Submissions

By submitting any information or material to the Site or to ACAAI (each, a "Submission") by email, telephone, or other communication medium, or through accessing and using the Site or the Content, you authorize ACAAI to make such copies as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to ACAAI an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, modify, create derivative works from, adapt, publish, translate, sell and distribute (in whole or in part) such Submission for any purpose, commercial, advertising, or otherwise.

Security

ACAAI takes commercially reasonable measures it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, ACAAI cannot and does not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any user identifier ("User ID") and password you use in connection with the Site, and you are responsible for all access and activity that occurs through use of your User ID or password. You agree to immediately notify ACAAI of any unauthorized use of your User ID or password, or of any breach of Site security or of these Terms, of which you become aware. ACAAI will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password.

User Conduct

You are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including compliance with all applicable local rules regarding online conduct and acceptable content in connection with your access to and use of the Site. You specifically agree that while accessing or using the Site you will not:


a) restrict or inhibit any other user from using or enjoying the Site;

b) represent yourself as another or as a fictitious individual, unless you are participating in an area of the Site that requires or encourages anonymity (e.g., a survey);

c) change, disrupt or interfere with the operation or Content of the Site;

d) post or transmit any unlawful, misleading, disparaging, defamatory, obscene, harassing, or otherwise offensive information of any kind, including anything that would violate any applicable local, state, national, or foreign law;

3) post or transmit any information that may invade another’s privacy or publicity rights or that otherwise infringes in any way on others’ rights under federal, state or local law;

f) use the Site in any manner that could violate federal or state antitrust laws, including, but not limited to, communicating with competitors about prices, discounts, market shares, sales territories or other terms or conditions of trade.

g) post or transmit comments or materials supporting or opposing candidates for political office or otherwise engage in political activity or activity inconsistent with the ACAAI’s purposes.

h) post or transmit any advertisements, solicitations, investment opportunities, or other unsolicited commercial communication, or engage in spamming, flooding, or any denial of service attack; or

i) post or transmit any information or software that contains a virus, Trojan horse, worm, or other disabling device or harmful component.


Users must comply at all times with the Standards for Privacy of Individually Identifiable Health Information ("Privacy Rule") and the Electronic Security Rule ("Security Rule") established by the U.S. Department of Health and Human Services to implement the requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Information posted to the Site will not be treated as confidential and, therefore, should not identify any patient by name or other identifying features, characteristics or any other individually identifiable Patient Health Information, as defined under the Privacy Rule. Users should exercise extreme care when posting or sending such information.

Disclaimer

The ACAAI makes no warranty, guarantee, or representation as to the accuracy or sufficiency of the information posted on the Site, whether posted by the ACAAI or any third party, and the ACAAI assumes no responsibility or liability regarding the use or misuse of such information for any purpose. The information, opinions, and recommendations presented within the Site are for general information only. Such information should not be considered professional advice and is not intended to replace consultation with a qualified professional. Moreover, ACAAI makes no warranty that the Site, the server that makes it available, or any computer, device, software, or other technology associated with it, is free of viruses, worms, or other elements or codes that manifest contaminating or destructive properties. Unless specifically stated otherwise, the ACAAI does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned on the Site, and information from the Site should not be referenced in any way to imply such approval or endorsement. NEVERTHELESS, ACAAI RETAINS THE RIGHT TO MONITOR POSTED INFORMATION AND DECLINE TO POST AND/OR REMOVE MESSAGES OR MATERIALS THAT IT BELIEVES DO NOT COMPLY WITH THESE TERMS OF USE OR ARE NOT IN THE BEST INTERESTS OF ACAAI. THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." ACAAI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGMENT.

Links or pointers connecting the Site with other Internet sites are provided as a courtesy only and do not imply, directly or indirectly, ACAAI’s endorsement, sponsorship, or approval of the linked site, the organization or individual operating the site, or any product, service or organization referenced in the site. In general, any Web site that has an Internet address that does not contain "ACAAI.org" is a linked site. The content of any linked site does not necessarily reflect the opinions, standards or policies of the ACAAI. The ACAAI assumes no responsibility or liability for the accuracy or completeness of content contained in any linked site or for the compliance with applicable laws of such linked sites. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and ACAAI will have no liability for any loss or damage arising from your access or use of any site.

Limitation of Liability

In no event will ACAAI, its contractors, suppliers, content-providers, managers, members, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, "ACAAI Parties"), be liable to you, your company or to any third party for any losses or damages arising in connection with: (a) your use of, or reliance on, the Site or any of the Content; (b) ACAAI’s performance of or failure to perform its obligations in connection with these terms; (c) the conduct of other users of the Site or of third parties; or (d) your purchase and use of any goods or services provided by third parties.

The ACAAI Parties are not liable for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of your access to, or use of, the Site or its Content, even if the ACAAI was advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of the ACAAI Parties will be limited to the fullest extent permitted by law.

Without limiting the foregoing, if any of the ACAAI Parties is found liable to you or to any third party as a result of any claims or other matters arising in connection with your use of the Site, the maximum liability for all such claims will not exceed $100 in any calendar year.

Indemnification

You agree to defend and indemnify the ACAAI Parties against all liability, claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) due to or arising out of: (a) content or information that you submit to or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and ACAAI; (c) your violation of these Terms; and (d) your violation of any rights of any third party. ACAAI reserves, and you grant to ACAAI, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

Procedures for Requesting the Removal of Infringing Material

The owner of a copyrighted work (or the agent for the owner) who believes that material posted on the Site infringes on the copyrighted work may request that the allegedly infringing material be removed from the Site by notifying the ACAAI's designated agent for such purposes. The notice must:

  1. identify in sufficient detail the copyrighted work that you claim has been infringed;
  2. provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
  3. include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. include a statement by you that the information contained in your notice is accurate and that you attest, under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner's behalf; and
  5. include your name, mailing address, telephone number and email address.


You may submit your notice of alleged copyright infringement to our designated copyright agent by mail or email as set forth below:

Jeff Kiva

American College of Allergy, Asthma & Immunology

85 West Algonquin Road, Suite 550

Arlington Heights, IL 60005

(847) 427-1200

jeffkiva@acaai.org

Please note that you may be liable for damages, including court costs and attorneys' fees, if you submit a notice and you materially misrepresent that content on the Site is infringing. Upon receiving a proper notice, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We will also advise the alleged infringer of the statutory counter-notification procedure described below by which the alleged infringer may respond to your claim and request that we restore his or her material.

If you believe your own copyrighted material has been removed by us from the Site as a result of mistake or misidentification, you may submit a written counter-notice to our designated copyright agent. To be effective, your counter-notice must:

  1. identify the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
  2. include a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found;
  3. include a statement that you will accept service of process from the party that filed the notice of alleged copyright infringement or the party's agent;
  4. provide your name, address and telephone number;
  5. include a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  6. include your physical or electronic signature.

You may submit your counter-notice to our designated copyright agent by mail or email as set forth below:

Jeff Kiva

American College of Allergy, Asthma & Immunology

85 West Algonquin Road, Suite 550

Arlington Heights, IL 60005

(847) 427-1200

jeffkiva@acaai.org

Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification. If you send us a valid, written counter-notice, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your counter-notice, unless our designated agent first receives notice from the party filing the original notice of alleged copyright infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Access to the site by any Users who repeatedly infringe copyright will be terminated.

Jurisdiction

These terms will be construed and enforced in accordance with the laws of the State of Illinois. You submit to personal jurisdiction in Illinois, and any cause of action arising under these Terms or otherwise involving the Site will be brought exclusively in a court in Cook County, Illinois.

How to Contact The ACAAI

Questions regarding these Terms or any other aspect of the Site can be sent to:

American College of Allergy, Asthma & Immunology

85 West Algonquin Road, Suite 550

Arlington Heights, IL 60005

Phone: 847-427-1200

Email: info@acaai.org

Acknowledgement

BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE ACAAI'S PRIVACY POLICY.

 
 
Copyright 2012 - American College of Allergy, Asthma & Immunology | 85 West Algonquin Road, Suite 550 | Arlington Heights, IL 60005











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