Terms of Service
AOA Blog Terms of Service Agreement
1. Notice/Acceptance of Terms
2. Description of Service
The Site is a medium that allows the AOA to share news, comments, ideas and insights. AOA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. This Site is intended to be about conversations. You are encouraged to speak in an honest, informal voice and to foster productive, candid dialogue that can help us learn from each other. You should always be respectful, no matter what the situation. Civil dialogue is expected from all those involved in the Forum (as defined in Section 8 below). We will not post any comments if they are spam, inappropriate, use profanity or are defamatory in any way (for more information, please see Sections 8, 9 and 10 below). In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. AOA makes no representations, warranties or assurances as to the availability of the Site.
Except as expressly provided otherwise, AOA grants you a personal, revocable, non-transferable and non-exclusive license to display on your computer, print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for non-commercial, personal or educational purposes only, provided that:
you do not (and do not allow any third party to) modify or create a derivative work of any such content; and
you include with and display on each copy of such content the associated copyright notice.
No other use is permitted. Without limiting the generality of the foregoing, you may not:
include such content in or with any product or service that you create or distribute;
reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities;
copy such content onto your or any other Web site or publication; or
direct any other person to do any of the foregoing.
You agree not to access the Site by any means other than through the HTML or other interface that is provided by AOA for use in accessing the Site.
Notwithstanding the above, nothing contained in this license shall be construed as conferring any right under any intellectual property of AOA, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site.
4. Intellectual Property
All AOA trademarks that appear on the Site are the exclusive property of AOA. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of AOA or the relevant trademark owner is strictly prohibited.
Any third party trademarks mentioned on this Site which are not those of AOA are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third party trademarks is strictly prohibited.
Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal, state or common law trademark and/or copyright laws, and could subject such person to legal action.
5. Modifications to Site
AOA reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that AOA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. AOA endeavors to keep the information posted on this Site current, however, such information is subject to change at any time without notice to you and the posted information on this Site may not immediately reflect such changes.
6. Registration Obligations
7. Member Account; Password and Security
If AOA requires registration to use the Site, AOA may supply you with a password and account designation upon completing the Site registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify AOA of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session. AOA assumes no liability for any loss or damage arising from your failure to comply with this section.
8. User Content Posted On the Site
You are welcome to post, transmit or submit messages and other materials (which includes uploading files, inputting data or any other materials, “blogging,” or engaging in any form of communication in connection with this Site) (collectively “User Content”) to the public areas within, or in connection with, this Site (the “Forum”). You are solely responsible for such User Content.
AOA does not endorse and has no control over the User Content submitted by others to the Forum. User Content submitted to the Forum is not necessarily reviewed by AOA prior to posting and does not necessarily reflect the opinions or policies of AOA. AOA makes no warranties, express or implied, as to such User Content or its accuracy and reliability. Nonetheless, AOA reserves the right to edit, restrict or remove User Content, in whole or in part, for any reason at any time.
AOA assumes no responsibility for actively monitoring the Forum for inappropriate User Content. If, at any time AOA chooses, in its sole discretion, to monitor the Forum, AOA nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any User Content. In submitting User Content to the Forum, you agree to strictly limit yourself to discussions about the subject matter for which the Forum is intended. You agree that AOA accepts no liability whatsoever if it determines to prevent your User Content from being submitted or if it edits, restricts or removes your User Content. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use, and not to restrict or inhibit the use of the Site by any other person.
You agree to release AOA, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Forum. If at any time you are not happy with the Forum or object to any material within the Forum, your sole remedy is to cease using them.
9. Proprietary Rights In User Content Posted On The Site
By posting any User Content to the blog area of the Site, you hereby grant to AOA the non-exclusive, fully paid and royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, and translate such User Content. This license will terminate at the time you remove such User Content from the Site. Notwithstanding the foregoing, a back-up or residual copy of the User Content posted by you to the blog area of the Site may remain on the AOA servers after you have removed such User Content from the Site, and AOA retains the rights to those copies. You represent and warrant that: (i) you own the User Content posted by you to the blog area of the Site or otherwise have the right to grant the license set forth in this section; (ii) your User Content does not violate the privacy rights, publicity rights, copyright rights, patent rights, trade secrets, intellectual property rights, or any other rights of any person or entity; and (iii) the posting of your User Content to the blog area of the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content you post to the blog area of the Site.
10. Prohibited Content And/Or Activity
You must use the Site in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the kind of User Content that is illegal or prohibited on the Site. AOA reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending User Content from the Site and terminating the Site rights and permissions of such violators. Prohibited content includes User Content that:
1. is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. contains nudity, violence, or offensive subject matter;
4. involves the transmission of “junk mail” or “chain letters” or unsolicited mass mailing;
5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. exploits people in a sexual or violent manner;
7. solicits personal information from anyone under 18;
8. provides any telephone numbers, street addresses, last names, URLs or email addresses, including in your own information or profile;
9. violates the copyright, trademark, patent, trade secret or other intellectual property rights of any other person;
10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.
The following is a partial list of the kind of activity that is illegal or prohibited on the Site. AOA reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. advertising to, or solicitation of, any person to buy or sell any products or services through the Site. You may not transmit any chain letters or junk email to other users. Although AOA cannot monitor the conduct of its users off the Site, it also is a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, AOA reserves the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which AOA deems appropriate in its sole discretion;
2. any automated use of the system;
3. attempting to impersonate another user or person or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
4. using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
5. selling or otherwise transferring your profile;
6. collecting or storing personal data about other users;
7. covering or obscuring the banner advertisements on Forums, or any AOA page via HTML/CSS or any other means;
8. interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site; or
9. transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment.
You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, any of the User Content created by you.
You acknowledge that User Content is not endorsed by AOA and such User Content should not be considered to have been reviewed, screened or approved by AOA. Information found in the Forum is intended to be used solely in conjunction with the President of AOA’s endeavor to share his comments, ideas and insights. You should exercise discretion before relying on information contained in User Content. You agree to evaluate, and assume all risks associated with the use of any User Content, including, without limitation, any risk relating to any reliance on the accuracy, completeness, or usefulness of such User Content. AOA assumes no responsibility for the information contained in User Content.
You agree that AOA, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove any User Content from the Forum offered by AOA, at any time and for any or no reason. You agree that AOA shall not be liable to you or any third party for any termination of your access to the Site or deletion of any User Content on the Site.
You acknowledge and agree that AOA may preserve and disclose User Content at any time and for any reason, including, but not limited to, if required by law or if AOA believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party’s rights, or protect the right, property or personal safety of AOA, any users of the Site, and the public. You also acknowledge that the technical processing and transmission of the Site, including User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
11. User Communications
12. Third Party Links and Advertising
This Site may provide links or references to other sites. If AOA has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that AOA is connected with, operates or controls these web sites.
AOA makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. AOA disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that AOA endorses the content of such sites. Where AOA is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.
AOA takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of AOA. You agree that AOA shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify AOA and its affiliates from and against any Claims incurred as the result of any such dealings.
If you are interested in creating hypertext links to this Site, you must contact AOA before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or AOA, including its respective employees, agents, directors, officers and shareholders.
13. Disclaimer of Warranties
Except as expressly provided otherwise, AOA disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. AOA disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.
Any communications sent to you via this Site or otherwise from AOA (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any technology, financial, investment, corporate, or tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, financial, or tax advice and should not be relied upon in that regard. Your financial circumstances and tax situation is unique. Therefore, you should independently consult a lawyer or tax advisor.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, AOA AND ITS DATA PROVIDERS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE, BUT ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. AOA AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS AND SERVICES OFFERED ON THE SITE. AOA AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.
Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
14. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL AOA, ANY OF AOA’S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM AOA (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold harmless AOA and its affiliates from and against any Claims arising out of or relating to: (i) User Content you submit, post to or transmit through the Site; or (ii) your violation of any rights of any other person in connection with the Site.
16. Copyright Infringement
If you believe that any material contained in this Site infringes your copyright, you should notify AOA of your copyright infringement claim in accordance with the following procedure.
AOA will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is:
DMCA Copyright Agent
American Optometric Association
243 N. Lindbergh Blvd.
St. Louis MO 63141
Telephone: (314) 991 4100
Fax: (314) 991 4101
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to ________________ for purposes other than communication about copyright claims may not be acknowledged or responded to.
17. Other Agreements
Governing Law. This Agreement shall be governed by the laws of the State of Missouri, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in St. Louis, Missouri.
Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of AOA, which are not included in this Agreement, shall be binding on AOA or its affiliates.
Amendments. Neither you nor AOA may modify or amend this Agreement, in whole or in part without the prior written consent of both you and an authorized representative of AOA. However, AOA may replace this Terms of Service Agreement from time to time and your subsequent use of the Site, or any content, programs or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Global Terms of Service Agreement regularly for any modifications.
Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and AOA. AOA’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
Miscellaneous. This Agreement shall inure to the benefit of AOA and its subsidiaries and affiliates. Any and all references in this Agreement to AOA and its affiliates, including without limitation pursuant to Sections 13 and 14 shall, where the context so permits, include AOA’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site.
Assignment. AOA may assign its rights and duties under this Agreement to any party at any time without notice to you.
Copyright © 2008 American Optometric Association All Rights Reserved.