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1. ACCEPTANCE OF TERMS
This agreement ("Agreement") is between the American Veterinary Medical Association and its subsidiaries and affiliated entities (collectively, "AVMA", "we" or "ours") and you and your agents ("you" or "yours") for the use of AVMA Web sites and electronic communications ("electronic communication"). This Agreement includes any guidelines or rules posted and updated via electronic communication by AVMA from time to time.
If you no longer wish to receive a specific AVMA electronic communication, please follow the unsubscribe instructions included in that communication or contact our help desk and request removal from the mailing list.
2. OWNERSHIP OF ELECTRONIC COMMUNICATION AND RESTRICTIONS ON USE OF CONTENT
The electronic communication is owned by AVMA. You acknowledge that this electronic communication and linked Web sites may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is generally provided by AVMA or by licensors of AVMA. You agree and acknowledge that, notwithstanding that AVMA permits access to the Content, the Content or its use or the use of this electronic communication is protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the electronic communication and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by AVMA and third parties. In addition to AVMA's and its licensors' rights in individual elements of the Contents, AVMA owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the electronic communication and/or any of the Content, in whole or in part.
3. DISCLAIMER OF WARRANTIES
THE USE OF THE ELECTRONIC COMMUNICATION IS SOLELY AT YOUR OWN RISK. THE ELECTRONIC COMMUNICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AVMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE ELECTRONIC COMMUNICATION, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AVMA MAKES NO WARRANTY THAT THE ELECTRONIC COMMUNICATION AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE ELECTRONIC COMMUNICATION AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE ELECTRONIC COMMUNICATION IS TO CEASE USING THE ELECTRONIC COMMUNICATION.
4. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AVMA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF APA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE ELECTRONIC COMMUNICATION, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE ELECTRONIC COMMUNICATION, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE ELECTRONIC COMMUNICATION.
5. YOUR WARRANTIES AND RESPONSIBILITIES
AVMA Web Sites contain a combination of content that AVMA creates, its partners create, and its users create. All Content is protected by all applicable copyright and trademark laws and owned by AVMA or the party credited as the provider of the Content. All rights in the Content are expressly reserved by the applicable copyright and trademark owner.
a. You may not sublicense, transfer or otherwise make any Content available to any third party for commercial purposes or financial gain or use the Content in any other media or in any other location other than as permitted in this section or as otherwise specifically authorized. You may not upload Content that contains advertising or promotion for a commercial activity of any nature.
b. All Content provided by any party other than AVMA must identify the party who provided that Content.
c. By posting material to the Sites, you warrant and represent that you either own or otherwise control all of the rights to that material, including without limitation, all the rights necessary for you to provide, post, upload, input, or submit the material, or that your use of the material is a fair use. You agree that you will not knowingly and with intent to defraud provide misleading or false material or information. You represent and warrant also that the material you supply does not violate these Terms, and that you will indemnify and hold harmless the AVMA and its officers, directors, employees, and agents, from any and all liability, damages or expenses whatsoever due, directly or indirectly, to any cause of action arising out of the Content posted by you.
d. By posting material to the Sites, you grant AVMA, its partners and third party licensees a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, and aggregate your material with other content, create derivative works of and publicly perform that content for any purpose on and through each of the services provided by the Sites. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed.
e. AVMA disclaims responsibility and liability for the content and opinions expressed by others on the Sites including, but not limited to, content or opinions regarding any products or service mentioned on the Sites.
f. You agree to use the Sites only for lawful purposes and not to upload any unlawful Content or in any other way use the Sites so as to violate any local, state, or national law.
g. AVMA reserves the right but not the obligation to refuse, move, or remove any material submitted to any Site for any reason and to restrict, suspend, or terminate your access to all or any part of the Sites. By using any of the Sites:
(i) You agree not to post any defamatory, libelous, threatening, vulgar, sexually explicit, abusive, profane, rude, obscene, or anonymous Content.
(ii) You agree not to take any action which would disrupt or interfere with the normal use of any Site by other authorized users.
(iii) You agree not to post any advertising, promotional or other type of solicitation to other authorized users of the Sites except in those areas where such postings may be specifically authorized.
(iv) You agree not to impersonate any other person in any registration or Content you upload to any Site.
(v) Individual sections of the Sites may have additional rules and regulations specific to the subject matter being covered in that section. You agree to abide by the rules and regulations of individual sections on the Sites.
6. DMCA COMPLIANCE PROCEDURE
It is AVMA's policy to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 ("DMCA"). If you believe that your intellectual property rights have been violated by AVMA or by a third party who has uploaded Content on one of our Sites, please provide the following information to the AVMA-designated copyright agent listed below:
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, a telephone number, and an e-mail address where AVMA can contact you and, if different, an e-mail address where the alleged infringing party, if not AVMA, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
f. Your electronic or physical signature.
AVMA may request additional information before removing any infringing material. AVMA may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.
AVMA expects all users of its Sites to comply with applicable copyright laws. However, if AVMA is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. AVMA will follow the procedures outlined in the DMCA with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, "putback" of the alleged infringing material.
If you believe your copyright material is being used on any AVMA Web Site without permission, please notify the designated agent at:
Diane Fagen
American Veterinary Medical Association
1931 N. Meacham Road, Suite 100
Schaumburg, IL 60173
800-248-2862 ex. 6770
7. DISCLAIMER OF CONTENT
You understand and acknowledge that AVMA assumes no responsibility to screen or review Content and/or User Content that is originated by parties other than AVMA, and that AVMA shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, edit or remove any Content and/or User Content that is available in the electronic communication. AVMA expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of such Content and/or User Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AND/OR USER CONTENT.
8. DISPLAY OF PRODUCTS
We use commercially reasonable efforts to ensure that the colors, design and details of the products displayed in the electronic communication are accurate. However, we cannot and do not guarantee that the colors, font types, design, paper stock and/or detail, as displayed by your monitor, will be accurate and we assume no responsibility whatsoever for such difference in color, design and details.
9. LINKS
The electronic communication may provide, or third parties may provide, links to other web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by AVMA with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and AVMA is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. AVMA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
10. INDEMNITY
You agree to defend, indemnify and hold AVMA, its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any third party claim, action or demand ("Claim") and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the electronic communication and/or its Content and/or User Content. AVMA shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
11. TRADEMARK INFORMATION
AVMA and our logo are trademarks of AVMA. Other trademarks are owned by AVMA or its affiliated entities or are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of AVMA or the owner of such mark.
12. MISCELLANEOUS
You understand and agree that AVMA may from time to time establish and revise practices and limitations concerning the electronic communication and your use of the information contained in the electronic communication. This Agreement constitutes the entire agreement between you and AVMA and governs your use of the Electronic communication. You also may be subject to additional terms and conditions that may apply when you use third party content or Sites available through the electronic communication. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and AVMA and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement and the relationship between you and AVMA will be governed by the laws of the State of Illinois, and that venue with respect to any dispute between you and AVMA will rest exclusively in the state and federal courts located in the State of Illinois. The failure of AVMA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. The electronic communication may also provide notice of changes to this Agreement at any time and from time to time by displaying notices to you on pages or links in the electronic communication. The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
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