LAST UPDATED: June 29, 2018
1 Changes to the Agreement.
AAAMS reserves the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site or in connection with the Services. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your access to or use of the Site or Services following changes to this Agreement will constitute your acceptance of those changes. Any changes to this Agreement shall not apply to any dispute between you and AAAMS arising prior to the date on which AAAMS posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes.
2 Changes to the Site or Services.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site or Services, with or without notice; charge fees in connection with the use of the Site or Services; modify or waive any fees charged in connection with the Site or Services; or offer opportunities to some or all users of the Site or Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or of any Service, content, feature or product, in whole or in part. Your continued access to or use of the Site or Services after such changes will indicate your acceptance of such changes.
3 Application & Scope of this Agreement; Additional Terms.
This Agreement applies to all persons who access the Site and/or Service and all persons who use the Site and/or Service, regardless of whether such use is of free or paid portions of the Site and/or Service, including users who register as “Members” on the Service and users and Members who become “Educators” on the Service, in each case with respect to all uses of, and activities relative to, the Site and/or Services.
Your indication of your acceptance of this Agreement, whether express (e.g., clicking on an “I AGREE” and/or “SUMBIT” icon) or implicit (i.e., accessing or using any portion of the Site and/or Service) constitutes your consent to this Agreement. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of this Agreement. You hereby irrevocably waive any rights that you may have under any applicable law to use or receive physical copies of this Agreement.
When accessing or using certain parts of the Site and/or Services you may be asked to agree that you are subject to any additional terms and conditions posted by us on the Site or otherwise made available to you via the Service that are applicable to such parts of the Site and/or Services (“Additional Terms”). Additional Terms may also include terms posted on the Site and/or Services, including, for example:
• portions of the Site or Service that describe the fees, subscription periods, free trial periods or other specific terms that will apply to certain Paid Services;
• portions of applications or registration forms that specify qualifications or other requirements applicable to you as an applicant or registrant; and
• rules, guidelines, manuals, policies and other documents posted on the Site and/or Services relating to proper use of various specific Services.
4 User Qualifications
The Site and Services are designed for adults 18 years of age or older. Users under the age of 18 are not permitted to use the Site or Services. BY ACCESSING OR USING THE SITE OR SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. By accessing, using and/or registering for and account on, the Site and/or Services on behalf of any third party (e.g. your employer) you are representing to us that you are an authorized representative of that third party and that your access, use and/or registration of or on the Site and Services on their behalf constitutes their acceptance of this Agreement.
Legal entities (e.g. corporations, government agencies, universities) who register for an account on the Site and/or Services (“Entity Members”) are responsible for use of their account by their employees, agents and other representatives (“Representatives”) who use such account and/or who register for accounts attached, related or linked to the account of such entity. Representatives of Entity Members may be permitted to directly use the account of an Entity Member by such means as the Entity Member giving the Representative a username and password for the account and/or giving the Representative an activation code issued to such Entity Member by AAAMS for the purpose of allowing its Representatives to create individual accounts linked to the account of such Entity Member. Whether or not a Representative of an Entity Member individually accepts or is otherwise subject to this Agreement, such Entity Member shall be responsible for ensuring that its Representative complies with this Agreement when using the Entity Member’s AAAMS account, password, activation code and/or any account of the Representative that is attached, related or linked to Entity Member’s account and/or when the Representative is acting on the Site and/or Services as an official representative of the Entity Member (for example, when the Representative facilitates a Program under the name of the Entity Representative). To the extent that any Representative of an Entity Member uses the Site and/or Services, all provisions of these User Terms applicable to Members shall also apply to such Representative.
Additional user qualifications may apply to specific Services, including for Members and Educators. There may be more than one category of Member or Educator and each category may have unique user qualifications. Additional categories of users may also be designated by AAAMS with unique qualifications for such users. To the extent that any Member or Educator uses any Services or applies for a category of Member or Educator that requires that such Member have certain specified qualifications and/or professional licenses, by applying for and/or using any such Services, such Member or Educator represents and warrants to AAAMS that such Member or Educator actually possesses the required qualifications and/or professional license(s) and such Member or Educator agrees to indemnify and hold harmless AAAMS against any losses or damages that AAAMS may incur as a result of the failure of such representation or warranty to be true and accurate in all respects.
5 User Obligations & Responsibilities
You acknowledge and agree that you (and not AAAMS) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Site or Services, and paying all charges related thereto.
The quality (e.g., the resolution) of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors such as your location, the content being streamed or downloaded and the speed of your Internet connection. AAAMS makes no representation or warranty regarding access to content available through the Site or in connection with Services, including the quality of streaming content and the download speed of downloadable content.
Your ability to access the Site and/or any Services and the quality of your user experience may depend on whether you are using appropriate hardware and/or software to access and use the Site and/or Services. Hardware, software and other technological requirements suggested for optimal use of the Site and Services may be posted within the Site and/or Services, but AAAMS makes no representation, warranty or guarantee that you will be able to use the Site and Services even if you satisfy such requirements.
6 Third Party Educators; Program Content.
The Site and Services primarily provide users with access to certain content and services related to continuing medical education courses, seminars and related educational resources (“Programs”), which may include, without limitation: (a) live streaming media (e.g., webcasts and groupcasts) and on-demand streaming media; (b) downloadable audio and video courses; (c) downloadable presentation materials; (d) downloadable publications; (e) blogs; and (f) transcripts (such content and services also part of the “Services”). Such Programs are designed and provided by third party independent contractors that we call “Educators”. Educators are not employees or agents of AAAMS. Instead, Educators are users that have become Members of AAAMS and who undergo a further application and acceptance process to become eligible as Educators. AAAMS provides various tools and services to allow Educators to design, market, offer and distribute their independently developed Programs via the Site and Services as well as to allow Educators to interact with participants, including collecting fees from participants via the Site and Services. AAAMS collects course fees and other consideration on behalf of Educators and retains a portion of such fees and consideration as compensation to AAAMS for the provision of these services to the Educators. Notwithstanding the description of AAAMS’s relationship with Educators described in this Agreement, AAAMS reserves the right to change such relationship and/or to have different relationships with different Educators as AAAMS may determine in its sole discretion, all without giving notice to users.
While we make efforts to maintain the quality of our Educators and the Programs that they make available via the Site and Services (including, for example, by setting standards for Educator qualifications; by reviewing proposed Program content, etc.) we do not direct or control the day to day activities of the Educators on the Site and/or Services and we thus disclaim any and all responsibility and liability for the actions and activities of Educators and the content and services provided by them via the Site and the Services. Under no circumstances will the AAAMS Entities be liable for any loss or damage caused by your reliance on any Program or related information or materials provided by Educators. The opinions expressed by Educators reflect solely the opinions of the individuals who submit or express such opinions, and may not reflect the opinions of AAAMS.
7 CME Credits; Certificates
AAAMS will not issue any physical certification for Program completion except for a virtual badge that will be displayed on a Member’s account profile page within the Site and Service. The virtual badge is a simple graphic that states that the Member has successfully completed a particular Program and carries no other certification or accreditation or other endorsement of AAAMS or any third party organization.
An Educator may issue a physical certification of completion at their discretion. Also, an Educator may take steps independently to have their Program certified and may offer CME / CE credits. AAAMS may facilitate the delivery to Members of such Educator certifications (including Educator-created evidence of CME/CE credits) via the Site and Services. However, AAAMS is not responsible for ensuring the validity of any continuing education or maintenance of certification credits; issuing notification of credits or certification; ensuring the sufficiency of credits for license renewal, hospital boards, maintenance of certification, or recognition programs; ensuring program content is sufficient to earn continuing education credit; or ensuring the accuracy or completeness of personal transcripts. Under no circumstances will the AAAMS Entities be liable for any loss or damage caused by your reliance on any representation, offer, certificate or purported grant of CME/CE credits or similar information or materials provided by Educators via the Site or Services or otherwise.
In many cases, the requirements of a Program will include that a Member cannot obtain a certificate of completion from AAAMS for such Program unless such Member has appropriate licensure as identified in the applicable Program materials made available to Members at the time of application or registration for such Program. It is currently AAAMS’s policy not to require proof of any such required licensure in order to register and participate in any given Program and only to require proof of licensure at the completion of the Program and prior to issuance of the applicable certificate of completion for that Program. Before registering for any Program, Members should carefully review Program application and registration materials to identify what are the licensure requirements that are prerequisite to such Program and be aware that proof of such licensure will be required before a certificate of completion is issued. No refunds will be given if a Member is unable to provide proof of required licensure and is thus unable to obtain a certificate of completion despite having completed a Program.
8 Rules of Conduct.
You must comply with all applicable laws, rules and regulations while accessing or using the Site and/or Services. In addition, we expect users to respect the rights and dignity of others. Your use of the Site and/or Services is conditioned upon your compliance with the rules set forth in this section. You must not:
• Post, transmit, or otherwise make available, through or in connection with the Site or Services,(a) anything that could be (i) threatening, harassing, discriminatory, degrading, hateful or intimidating; (ii) defamatory, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) related to alcohol, wagering, gambling, tobacco products, ammunition or firearms; (b) anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense; (c) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;(d) any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation; or (e) any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.
• Use the Site or Services (a) to defame, abuse, harass, stalk, threaten, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or Submissions (as defined below); or (c) for any other fraudulent or unlawful purpose.
• Interfere with or disrupt the operation of the Site or Services or the servers or networks used to make the Site or Services available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or in connection with the Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
• Restrict or inhibit any other person from using the Site or Services (including by hacking or defacing the Site).
• Use the Site or Services to advertise or offer to sell or buy any goods or services without AAAMS’s express prior written consent.
• License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site or Services or any access to or use of the Site or Services.
• Modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Site or Services.
• Remove any copyright, trademark or other proprietary rights notice from the Site or Services or any materials available through the Site or Services.
• Frame or mirror any part of the Site or Services without AAAMS’s express prior written consent.
• Systematically download or store content from the Site or Services.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Site or in connection with the Services or reproduce or circumvent the navigational structure or presentation of the Site or Services without AAAMS’s express prior written consent. Notwithstanding the foregoing, AAAMS grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. AAAMS reserves the right to revoke these exceptions either generally or in specific cases.
We may terminate your use of the Site or Services for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct set forth above (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site or Services).
9 Privacy; How We Use Personal Information Submitted Through the Site and/or Services.
10 User Submissions; User-Generated Content.
Submissions. The Site or Services may make available certain functionality (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality, among other services) through which you are able to post, send or make available information and materials (including coursework for Programs) for use by AAAMS, Educators and/or other users of the Site and/or Services (each, a “Submission”). For clarity, Submissions include any feedback, ideas or suggestions in any format, including improvements to our software or Site design, that you transmit or submit to us regarding the Site and/or the Services or any other matter.
Our Rights to Use Your Submissions. For each Submission that you make available through or in connection with the Site or Services, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as displaying a user comment on the front page of the Site or Services as a testimonial). Without limiting the foregoing, Submissions include your speaking, asking questions or otherwise presenting or participating at an AAAMS Program via the Site and/or Services, and you consent to AAAMS’s recording the content of your Submissions (whether oral or written, including video).
Disclaimer Regarding Functionality That Limits Who Can See Your Submissions. The Site and/or Services may permit users to share their Submissions with only a select group of other users, or make their Submissions public for all (even non- users of the Site and/or Service) to view. You acknowledge and agree that, although the Site and/or Services may provide certain features intended to allow you to restrict who can see your Submissions or to allow you to remove the content of one or more Submissions from the Site and/or Services, AAAMS does not guarantee that such Submissions will never be accessible by non-permitted users or other persons. AAAMS HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO, DISTRIBUTION OR USE OF ANY USER CONTENT OR SUBMISSIONS.
Your Rights to Your Submissions. For purposes of clarity, since you only grant to us a non-exclusive license to your Submissions, you retain any ownership rights that you may have in any of the Submissions that you make available, subject to the terms and conditions of this Agreement. This means that you can use your Submissions for any purpose you wish outside of the Site and/or Services even after providing the Submissions to us.
You Are Legally Responsible for the Content of Your Submissions. You hereby represent and warrant that (a) you have all necessary rights to use and submit all content included in your Submissions (including any content created by a third party) and that you have the right and power to grant the licenses to AAAMS as specified in this paragraph; and that (b) your Submissions do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (c) your Submission does not contain any viruses, adware, spyware, worms, or other malicious code. We may use Submissions for any purpose whatsoever without compensation to you or any other person. You are and remain responsible and liable for the content of any Submission.
We Disclaim Responsibility For The Content of Submissions. You understand that when using the Site and/or Services, you will be exposed to Submissions from a variety of sources, including other users, and that neither AAAMS nor any AAAMS Entities are responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against AAAMS and AAAMS Entities with respect thereto. AAAMS does not endorse any Submission or any opinion, recommendation or advice expressed therein, and AAAMS expressly disclaims any and all liability in connection with Submissions. Without limiting the foregoing, AAAMS may (but have no obligation to) monitor, evaluate or alter Submissions before or after they appear on the Site or in connection with the Services. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose. In addition, the AAAMS Entities have no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third party of your Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE ON THE SITE OR SERVICE OR OTHERWISE TO ANY THIRD PARTY, YOU DO SO AT YOUR OWN RISK.
11 AAAMS’s Proprietary Rights; Your Limited Right to Use AAAMS Content
We and/or our licensors, sponsors, partners, advertisers, content providers or other third parties own the information and materials made available through the Site and/or Services, including, without limitation, (i) the AAAMS’s and third-party trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “AAAMS Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork that appears on the Site and/or Services (including all content of Programs), and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Site and/or Services (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “AAAMS Content”). Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or Services or any AAAMS Content or other information or materials made available through the Site or Services. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any AAAMS Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the AAAMS or the owner of such content if the AAAMS is not the owner. Any use of the AAAMS Marks without the AAAMS’s express written consent or as expressly permitted by this Agreement is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the AAAMS Content, including any such notices appearing on any AAAMS Content you are permitted to download, transmit, display, print, or reproduce from the Site and/or Services. Nothing contained on the Site or Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any AAAMS Content without the express prior written consent of the owner.
Subject your compliance with all terms of this Agreement, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to use AAAMS Content made available to you by the proper and intended functionality of the Site and Services and to print a single hard copy or download a single electronic copy for your personal use only of any materials made available on the Site and Service for printing or download, as applicable.
12 Third Party Content; Links.
AAAMS shall have the right, at any time, to block links to the Site or Services through technological or other means without prior notice.
13 Accuracy of Information; Products, Content and Specifications.
Without limiting the generality of any other provisions of this Agreement, the content provided through the Site and/or in connection with the Services (including AAAMS Content and Third Party Content) is designed to only provide information on the subject matter covered. However, such content provided on or in connection with the Site or Services may be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currentness of such content, including all descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site or Services. Such content is also subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only.
The Site and/or Services may contain advertisements of third parties. The inclusion of advertisements on the Site and/or Services does not imply endorsement of the advertised products, information or services by the AAAMS or any AAAMS Entities. The AAAMS shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Site and/or Services. Further, the AAAMS shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Site and/or Services. If you decide to access any of the third party sites linked to the Site and/or Services (including via any links in any banner advertisements displayed on the Site and/or Services), you do so entirely at your own risk. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
15 Limited License for Members and Educators to Use AAAMS Name and Logo.
All Members and Educators in good standing are permitted to announce and advertise their membership in AAAMS, including by using AAAMS Marks, as governed by the following guidelines:
• A Member or Educator is “in good standing” if such user has electrically submitted his/her requisite application(s)/renewal(s), such user is in full compliance with this Agreement and such user has fully paid all fees and other consideration due to the AAAMS.
• All determinations by AAAMS regarding a user’s right to use AAAMS Marks, including whether such users is “in good standing” or is in compliance with this Agreement or otherwise shall be made in AAAMS’s sole discretion and shall be final. Any user who receives written notice (including by email) from AAAMS shall immediately cease use of AAAMS Marks and shall have no further right to use AAAMS Marks unless and until otherwise agreed by AAAMS in writing.
• Qualified users may display the AAAMS logo on their website, on marketing materials and other similar materials and may truthfully and accurately state their category of membership or other association or title with AAAMS. Since the general public may not be familiar with the AAAMS, it is recommended to spell out “The American Association of Aesthetic Medicine and Surgery” although it is not required.
• Since membership in AAAMS is open to all, membership in itself should not be used as a credential. Therefore, qualified users may not use the letters “AAAMS” alone after their names, e.g. “Jane Doe, MD, AAAMS.” Members are encouraged to publicize their membership in the appropriate form, e.g. “Jane Doe, MD, Member of the AAAMS,” or, better, “Jane Doe, MD, Member of the The American Association of Aesthetic Medicine and Surgery.”
• Only AAAMS official logos and marks shall be used in the forms provided by AAAMS. Such official logos are available from the AAAMS Membership Service Department. The logos provided for use by the various classes of membership may not be altered in any way.
• No use of AAAMS Marks may be used in a way that would imply that AAAMS is endorsing, sponsoring or recommending the practice or services offered. AAAMS’s name should not be set in a type size larger than that used for the qualified user(s) own name(s). The type size utilized should be similar as that used for announcement of membership in other associations.
• Materials in which AAAMS Marks appear shall be of a quality commensurate with that of the Site. All content of materials bearing AAAMS Marks shall conform to the requirements applicable to content included in Submissions to the Site.
• AAAMS reserves the right to post additional usage guidelines and requirements for AAAMS Marks and qualified users shall conform to any such changed or additional requirements immediately.
• Questions regarding the appropriate use of the AAAMS logo should be submitted to firstname.lastname@example.org for review.
• Registration; Applications; User Names and Passwords; Data Storage.
Certain parts of the Site and/or Services are available only with application approval, registration, login and/or a paid subscription.
When you complete any registration, application or other informational form, you represent and warrant that all information submitted to AAAMS in connection with any such registration is complete and accurate and that you satisfy all criteria, requirements and qualifications for the category of use that you are applying or registering for. We may reject, or require that you change, for any reason, your category of use (e.g., Member or Educator level or category) any username, password or other information that you provide to us in registering. We reserve the right to revoke any users’ membership or other status for any reason at our sole discretion.
You are responsible for keeping your registration and other account information current by notifying us of any changes. Your username and password are for your personal use only and should be kept confidential; you (and not AAAMS) are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your account. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
You must contact AAAMS immediately if you become aware of or believe there is or may have been any unauthorized use of your personal registration, login or account Information, or otherwise wish to deactivate your account or change your username or password due to security concerns. Please contact email@example.com for any such purposes.
When using the Site and/or Services via an account, the features of that account may permit you to store data, preferences set by you, content or other information for your convenience, but AAAMS is under no obligation to retain any such data, preferences, content or other information, including, without limitation, any course materials that you may have stored.
It may take time to review your application or registration before we provide you a response. Turn around times posted within the Site and/or Service are only estimates and actual response and processing time may be shorter or substantially longer depending on, among other things, volume, the complexity of your submission or other factors. We reserve the right to change processing times at any time for any reason.
16 Paid Services; Fees; Payments.
General. If you purchase any of our Services that are provided for a fee (“Paid Services”), you agree to pay us the applicable fees and taxes as stated within the Site and/or Services at the time of purchase. Failure to pay these fees may result in the termination of your access or subscription to the Paid Services. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). You must pay us for applicable fees and taxes unless you cancel the Paid Service, in which case you agree to still pay these fees through the end of any applicable subscription period. This Agreement describes additional terms applicable to certain types of fees and payments, but nothing herein shall restrict AAAMS from charging or using other types of fees and payment methods.
Subscription Services. When you register and provide your payment information for a portion of the Services that is provided as a “subscription”, you obtain the right to use and access the specific Services comprising that subscription for a specific limited period of time, i.e., the subscription period as specified in the application or registration form or otherwise within the Site and/or Services in consideration for your payment of the applicable subscription fee for such period. You also agree that at the end of each current subscription period, your subscription will be automatically renewed for an additional subscription period at the then-current subscription rates (which may be increased from period to period) unless you cancel your subscription prior to the renewal date. If you cancel a subscription prior to the end of its then-current subscription period, your subscription will be canceled effective as of the end of the applicable subscription period and you will be obligated to pay the applicable subscription fees through the end of the applicable subscription period.
Free Trial Periods. When you register for a portion of the Services that is made available for a “free trial period”, you obtain the right to use and access the specific Services comprising that “free trial” for a specific limited period of time, i.e., the trial period as specified in the application or registration form or otherwise within the Site and/or Services. While there is no charge for the applicable Services during the applicable free trial period, you will be asked to provide your payment information (e.g., credit card) at the time you register for the free trial and, by so doing, you are deemed to agree to purchase a full, paid subscription for the applicable Service unless you cancel such purchase prior to the end of such free trial period.
Application and Registration Fees. Certain parts of the Site and/or Services are available only with application approval and/or registration, login and/or a paid subscription. There may be separate fees (i.e. in addition to subscription or other user fees applicable to a Paid Service) charged for you to complete an application and/or registration forms. Such registration and/or application fees are non-refundable, even if your application or registration is not accepted or approved. AAAMS reserves the right not to accept any application or registration for any reason or no reason.
Refunds/Exchanges/Credits. Refunds and exchanges will be subject to AAAMS’s refund and exchange policies in effect at the time of the attempted refund or exchange. If you cancel your membership within the Free Trial Period then you will not be billed for your Membership fees. Membership fees are non-refundable if canceled after the Free Trial Period. Application fees and course fees are non-refundable.
17 INFORMATIONAL NATURE OF THE SITE: NO MEDICAL ADVICE
THE CONTENT PROVIDED THROUGH THE SITE AND/OR OR IN CONNECTION WITH THE SERVICES IS DESIGNED TO PROVIDE PRACTICAL AND USEFUL INFORMATION ON THE SUBJECT MATTER COVERED.
WHILE SUCH CONTENT MAY CONCERN MEDICAL ISSUES, HEALTH ISSUES OR OTHER ISSUES RELATED TO PROFESSIONAL MEDICAL SERVICES, SUCH CONTENT IS NOT, AND SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE. THIS INFORMATION SHOULD NOT BE USED IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT BY LICENSED PRACTITIONERS. AAAMS DOES NOT PRACTICE MEDICINE OR ANY OTHER PROFESSION, AND DOES NOT OFFER ANY OTHER PROFESSIONAL ADVICE OR SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR APPROPRIATE USE OF THE INFORMATION AVAILABLE THROUGH THE SITE AND SERVICES.
THE INFORMATION PROVIDED ON THE SITE AND SERVICES IS NO SUBSTITUTE FOR INDIVIDUAL PATIENT ASSESSMENT BASED UPON THE HEALTHCARE PROVIDER’S EXAMINATION OF EACH PATIENT AND CONSIDERATION OF LABORATORY DATA AND OTHER FACTORS UNIQUE TO THE PATIENT. CONTENT PROVIDED ON THE SITE AND SERVICES SHOULD BE USED AS A TOOL TO HELP EDUCATE THE LICENSED MEDICAL PRACTITIONER ON VARIOUS DIAGNOSTIC AND TREATMENT INFORMATION, BEARING IN MIND THAT INDIVIDUAL AND UNIQUE CIRCUMSTANCES MAY LEAD THE PRACTITIONER TO REACH DECISIONS NOT PRESENTED IN THE INFORMATION PROVIDED ON THE SITE AND SERVICES.
USE OF THE SITE AND/OR SERVICES IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF A DOCTOR-PATIENT RELATIONSHIP. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE OR SERVICES. MOREOVER, NEITHER RECEIPT OF INFORMATION PRESENTED ON THE SITE OR IN CONNECTION WITH THE SERVICES NOR ANY EMAIL OR OTHER ELECTRONIC COMMUNICATION SENT THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES WILL CREATE A DOCTOR-PATIENT RELATIONSHIP, AND ANY SUCH EMAIL OR COMMUNICATION WILL NOT BE TREATED AS CONFIDENTIAL.
FOR ALL OF THE REASONS DESCRIBED ABOVE, YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED ON THIS SITE OR IN CONNECTION WITH THE SERVICES WITHOUT SEEKING LEGAL ADVICE OF COUNSEL IN THE RELEVANT JURISDICTION, THE ADVICE OF A COMPETENT MEDICAL PROFESSIONAL IN THE APPLICABLE SUBJECT MATTER AND/OR EMPLOYING YOUR OWN INDEPENDENT JUDGEMENT AS A COMPETENT MEDICAL PROFESSIONAL IN THE APPLICABLE SUBJECT MATTER, AS APPLICABLE. AAAMS EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT OF THIS SITE OR IN CONNECTION WITH THE SERVICES.
18 DISCLAIMER OF WARRANTIES.
THE SITE, SERVICES AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES. THE AAAMS ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, SERVICES AND ANY GOODS OBTAINED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.
WHILE WE TRY TO MAINTAIN THE INTEGRITY AND SECURITY OF THE SITE AND SERVICES AND THE SERVERS FROM WHICH THE SITE AND SERVICES ARE OPERATED, WE DO NOT GUARANTEE THAT THE SITE OR SERVICES WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, OR THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED. THE SITE OR SERVICES MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, THIRD PARTIES MAY MAKE UNAUTHORIZED ALTERATIONS TO THE SITE OR SERVICES.
19 LIMITATION OF LIABILITY.
THE AAAMS ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, DAMAGES FOR LOSS OF PROFITS, USE, OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, AND EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE AAAMS ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, OR FROM ANY CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICES BY AAAMS OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THE SITE OR SERVICES. THE MAXIMUM LIABILITY OF AAAMS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AAAMS TO ACCESS AND USE THE SITE OR SERVICES DURING THE TWELVE MONTH PERIOD PRIOR TO THE TIME YOUR CLAIM ARISES AND (B) $1,000.
YOU ACKNOWLEDGE AND AGREE THAT AAAMS HAS OFFERED THE SITE AND SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AAAMS, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AAAMS. AAAMS WOULD NOT BE ABLE TO PROVIDE THE SITE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND AAAMS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless each of the AAAMS Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or Services; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Submissions (including any Program Submission or Program Content) or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing. The AAAMS will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the AAAMS Entities other than under this Section.
21 Term and Termination.
This Agreement is effective until terminated. AAAMS may terminate your access to or use of the Site or Services, at any time and for any reason, including if AAAMS believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access or use the Site or Services will immediately cease. You agree that any termination of your access to or use of the Site or Services may be effected without prior notice, and that AAAMS may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that AAAMS shall not be liable to you or any third party for any termination of your access to the Site or Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 1-4, 6, 7, 9-14, and 16-29 and any other provision of this Agreement and any Additional Terms that by its terms or content applies following termination (including any and all licenses to content granted to us), shall survive any expiration or termination of this Agreement.
22 Governing Law and Arbitration.
This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND AAAMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THIS SITE OR SERVICES, YOU AGREE THAT YOU AND AAAMS ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in Los Angeles County, State of California, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
23 Statute of Limitations.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site and/or Services must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
24 Jurisdictional Issues.
The Site and the Services are controlled and operated by AAAMS from the United States, and are not intended to subject AAAMS to the laws or jurisdiction of any state, country or territory other than that of the United States. AAAMS neither represents nor warrants that the Site or the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site or Services from any jurisdiction outside the United States, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to the United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Site or the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services described on the Site or the Services are available in all states, territories or jurisdictions.
25 Copyright Infringement Claims.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site or in connection with the Services infringe your copyright, you (or your agent) may send AAAMS a written notice by mail, email or fax, requesting that AAAMS remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send AAAMS a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to AAAMS’s DMCA Agent: by mail to 9478 W Olympic Blvd Suite 301 Beverly Hills, CA 90212; or by email to firstname.lastname@example.org.
We suggest that you consult your legal advisor before submitting a notice or counter-notice.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and On Guard Online (http://onguardonline.gov/). Please note that AAAMS does not endorse any of the products or services listed at such sites.
27 Notice for California Residents.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site or Services, please contact us by writing to 9478 W Olympic Blvd Suite 301 Beverly Hills, CA 90212, or by calling us at 1 (844) 532-7642 or sending an email to email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and AAAMS. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and AAAMS relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and AAAMS relating to such subject matter. Notices to you may be made via posting to the Site or through the Services, by e-mail, or by regular mail, in AAAMS’s discretion. The Site or Services may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. AAAMS will not be responsible for failures to fulfill any obligations due to causes beyond its control.
29 Educator Qualifications.
To be an Educator, you must satisfy all applicable requirements posted on the Site and Service. You will be notified via the Services if and when you have satisfied all applicable requirements. You must comply with the Agreement and all other requirements posted on the Site to maintain your status as an Educator, which may require a periodic renewal or confirmation process for your status. Educator may also be required to comply with various training requirements as specified on the Site in order to maintain their status and/or be eligible to submit a Program Application. AAAMS reserves the right to decline any request or application for Educator status for any reason or no reason. AAAMS may designate more than one category of Educator status. AAAMS reserves the right to terminate your status as an Educator at any time, for any reason or no reason. AAAMS shall have no liability or obligation to you arising out of any termination of your status as an Educator.
30 Your Ability to Offer Courses/Programs.
As an Educator, you are eligible to submit application(s) to conduct courses and other educational programs (“Programs”) via the Site and Services. A separate application (an “Educator Program Application”) is required to be completed and submitted to AAAMS for each Program that you wish to conduct. The Educator Program Application can take thirty (30) days or longer to be reviewed. The AAAMS reviews and evaluates Program Applications for originality, validity, content depth, correctness, quality, and relevance to topics, contributions, and readability among other criteria.
We reserve the right to deny or reject any Educator Program Application(s) for any reason at our sole discretion. We reserve the right to cancel and/or withdraw any Program for any reason at our sole discretion. We reserve the right to deny any Program project submission(s) for any reason at our sole discretion. AAAMS shall not have and hereby disclaims any liability for rejecting, canceling, or withdrawing any Educator Program Application or Program.
Fees may be charged to you for the submission of your Educator Program Applications and any such fees will be non-refundable. We will typically allow Educator Program Applications to undergo one set of revisions and be re-submitted one time without charging an additional submission fee. Any further re-submission will require payment of a new submission or application fee. AAAMS reserves the right to modify its fees, refund policy and resubmission policy for Educator Program Applications at any time. Additional requirements, rules and guidelines for completing Educator Program Applications may be posted within the Site and/or Services and/or may be specified on a case by case basis by AAAMS for specific Educator Program Applications.
If and when an Educator Program Application is accepted by AAAMS, Educator and AAAMS must mutually agree on a document called an “Educator Program Agreement” which will specify in detail all information required by AAAMS in its sole discretion regarding the Program and which will govern the Educator’s offering of the Program on the Site and Services as Additional Terms. If an Educator Program Agreement is not mutually agreed within a reasonable period of time following approval of the Educator Program Application, AAAMS may reject the Educator Program Application or require a new Educator Program Application submission and fee for such Program. Among other things, Educator Program Agreements will specify the period of time during which the Program may be offered on the Site and Services.
Programs may only be offered by Educator in strict compliance with an AAAMS-approved Educator Program Agreement with Educator that has not expired and only during periods when Educator is “in good standing” as an Educator with AAAMS. An Educator may not assign or delegate the responsibility or privilege to offer a Program to any other person without the express prior written consent of AAAMS.
31 Educator Responsibilities for Programs and Materials; Technical Requirements.
Educator understands and agrees that Educator must procure at Educator’s sole risk, cost and expense any and all equipment and materials (e.g., cell phone, computer(s), office space, office supplies, internet connections, webcams, microphones, expertise, etc.) and all information, data, works of authorship or other materials delivered in text, photographic, audio, visual or audiovisual format, including videos, lectures and course materials, assessments and syllabi (“Program Content”) that is reasonably required for Educator to access and use the Services and to offer his or her Programs in accordance with the applicable Educator Program Agreement. Without limiting the foregoing, Educator must provide all software and hardware that is not otherwise made available via the Site and Services and AAAMS makes no representation or warranty as to what functionalities may be available to support Educator and Programs on the Service. Educator also understands that Educator may be required to register for, purchase and use third party services, products and technology, such as YouTube in order to offer Programs on the Site and Service, all at Educator’s own risk and expense. Educator understands that additional terms, conditions and fees may apply to Educator’s use of such third party services and Educator shall be solely responsible for compliance with all third party requirements. Educator will be responsible for providing all Program Content in a format that can be hosted and streamed via the Site and Services in accordance with the technical specifications provided to Educator by AAAMS from time to time.
32 Determination of Program Registration Fee for Participants.
AAAMS will charge a fee (the “Program Fee”) to users of the Site and Services who participate in Programs (“Participants”).
AAAMS may provide a recommendation for the proposed Program Fee upon approval of the Educator Program Application; however, any such recommendation is solely provided as a reference point. Only Educator can determine the Program Fee for his or her Program. AAAMS recommends that Educator use ethical reasoning, fair judgment, and serious consideration when determining the Program Fee. Once a Program Fee is determined it will become part of the Educator Program Agreement and may not be changed without AAAMS’s consent during the term of the Educator Program Agreement.
33 Educator Compensation.
AAAMS provides a mechanism via the Site and Services for Participants to pay Program Fees. AAAMS does not guarantee that any Participants will register for Educator’s Program, that Participants will pay applicable Program Fees or that Educator will receive any compensation hereunder or otherwise from AAAMS or Participant’s whatsoever and AAAMS is not liable under any circumstances for the failure of any Participant to pay a Program Fee. We reserve the right to deny any organization or individual from participating in any Program for any reason at our sole discretion.
If and to the extent that AAAMS actually receives Program Fees from Participants in Educator’s Program(a) (net of any refunds or credits given by AAAMS to Participants), AAAMS will pay to Educator the Educator Share Percentage of such Program Fees on the schedule set forth in the Educator Program Agreement for the applicable Educator and Program. The “Educator Share Percentage” will be negotiated on a case-by-case basis with Educator for each Program and will be specified in the Educator Program Agreement.
Educator Share Percentage payments will be made by AAAMS to the Educator on the schedule set forth in the Educator Program Agreement for the applicable Educator and Program. AAAMS reserves the right to offset from any Educator Share Percentage payments any amounts that AAAMS determines are due to AAAMS arising out of losses or damages caused to AAAMS by Educator.
Educator acknowledges that AAAMS may charge other fees to, or obtain other benefits, remuneration, or compensation from, Participants and other users of the Site and Services in addition to the Program Fees in AAAMS’s sole and absolute discretion and in no event shall AAAMS have any obligation to share any such other fees, benefits, remuneration, or compensation with Educator.
34 Relationship of AAAMS and Educator.
You acknowledge that the relationship of you (as an Educator) and AAAMS is that of independent contractors and that nothing contained in this Agreement shall be construed to place you and AAAMS in the relationship of principal and agent, master and servant, employer and employee or partners or joint venturers. AAAMS is interested only in the results to be achieved by your offering of Programs. You, as an independent contractor, are not eligible for any employee benefits of or from AAAMS. Educator shall retain independent professional status at all times and shall use his or her own discretion in performing Programs.
35 Income Tax Reporting Obligations of Educators.
Educator will report as income to the appropriate governmental agencies all compensation received pursuant to this Agreement or otherwise from AAAMS and will be responsible for paying all applicable taxes thereon. Educator acknowledges that AAAMS will report all compensation paid to Educator under this Agreement on form 1099 or applicable successor form as required by law.
36 Educator Standards of Performance & Quality.
Educator shall provide Program(s) and shall otherwise act on the Site and Services in a workmanlike manner and in accordance with the highest standards of care and diligence and the level of skill, knowledge and judgment normally practiced by experienced medical educator or professor at a top-tier university in performing services of a similar nature as defined in the Educator Program Handbook. Educators are also expected to be reasonably responsive to Participants, including by promptly returning graded coursework (where appropriate) and responding to questions.
Educator’s represents and warrants that its performance of the Program and related activities pursuant to this Agreement will not conflict with any other contract or agreement to which Educator is bound. Furthermore, except as specifically disclosed by Educator to AAAMS in writing, Educator does not have any conflict of interest with respect to the subject matter of his/her Program.
Educator certifies that he/she is a medical professional in good standing with the licensing or credentialing authority(ies) to which Educator is admitted and which are relevant to the subject matter of any Program Educator presents and that Educator has never been disciplined, reprimanded or had Educator’s professional license suspended or revoked.
37 Educator Required to Give Notices of Certain Adverse Events.
Should Educator receive a written notice from a third party, or otherwise have actual knowledge of a third party, alleging infringement of its intellectual property rights arising from the provision of Educator’s Program Content through the Site and Service or that Educator is or will be subject to a governmental investigation, or any investigation, action or proceeding before any medical licensing or credentialing authority, Educator will promptly provide AAAMS with notice of the alleged infringement claim, investigation or action.
38 Educator Compliance with Privacy Requirements.
If and to the extent that Educator obtains by any means any personal information regarding any Participant via the Site or Services or otherwise in the course of offering a Program, Educator will hold such information strictly confidential and will not disclose such information to any third person without the express written permission of AAAMS. Personal information of a Participant includes a Participant’s name, physical address, email address, or other personally identifiable information, and, if released or presented in a manner that such data can be identifiable to an individual Participant, any grade or results information with respect to a Program or any portion thereof. Educator will comply with and will not circumvent any and all information security rules and guidelines specified by AAAMS with respect to the personal information of Participants, other Educators and other users of the Site and Services.
39 AAAMS Rights to Use Educator Name and Program Content.
AAAMS’s Rights to Market Programs. Educator grants to AAAMS a non-exclusive, worldwide, fully sublicensable license to use Educator’s name and Program Content in connection with the offering of Programs and Program Content through the Site and Services, and the marketing, promotion and advertising thereof.
AAAMS’s Rights to Use Program Content. For all Program Content that you make available through or in connection with the Site or Services, you hereby grant to AAAMS a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Program Content, in any format or media now known or hereafter developed for the purpose of offering your Program to Participants in accordance with the applicable Program Agreement and this Agreement. AAAMS may exercise or license these rights in all forms and media, whether now known or later developed, throughout the world. Your consent is irrevocable and extends to AAAMS and its successors, assigns and licensees, and includes the right to use your name, photograph, likeness, voice, statements and professional biography (your “Likeness”). AAAMS will not edit or change your Program Content except for formatting changes necessary to properly display such presentation or materials.
Your Rights to Your Program Content. For purposes of clarity, since you only grant to us a non-exclusive license to your Program Content, you retain any ownership rights that you may have in any of the Program Content that you make available, subject to the terms and conditions of this Agreement. This means that you can use your Program Content for any purpose you wish outside of the Site and/or Services even after providing the Program Content to us.
You Are Legally Responsible for Your Program Content. You hereby represent and warrant that (a) you have all necessary rights to use and submit all content included in your Program Content (including any content created by a third party) and that you have the right and power to grant the licenses to AAAMS as specified in this paragraph; and that (b) your Program Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (c) your Program Content does not contain any viruses, adware, spyware, worms, or other malicious code. Upon AAAMS’s request, you agree to provide AAAMS with satisfactory evidence of your permission to use all third-party material included in your Program Content by completing the “AAAMS Permission Form” or comparable evidence of reprint or use permission.
Release. Educator hereby releases, discharges and promises not to sue AAAMS or any AAAMS Entities from and against any and all claims, demands, costs and/or causes of action of any nature arising out of or in connection with the exercise by AAAMS of any rights herein granted to AAAMS to Program Content or Educator’s Likeness, including, without limitation, any claim for infringement, right of publicity, libel, slander, defamation, moral rights, invasion of privacy or violation of any other rights relating to any Program Content Educator upload, share or otherwise provide or Educator’s Likeness in connection with use of the Site or Services. In this regard, Educator expressly waive any and all rights and benefits conferred upon me by the provisions of Section 1542 of the California Civil Code (and similar provisions of other jurisdictions), which Section reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
PROGRAM REGISTRATION TERMS AND CONDITIONS
Please read this Program Registration Terms and Conditions agreement (the “Agreement”) carefully as it applies to your use of online services and digital products of the The American Association of Aesthetic Medicine and Surgery (“AAAMS” or “we” or “us”), including but not limited to the AAAMS website located at https://www.aaams.net and all subdomains thereof (the “Site”), mobile applications offered by AAAMS and all features, content and products and services thereof, including but not limited to RSS, API, software and other downloads (collectively, the “Services”). Your use of the Site and Services is governed by this Agreement regardless of how you access the Site or Services, including but not limited to, through the Internet, Wireless Access Protocol (commonly referred to as “WAP”), a mobile network or otherwise. AAAMS and its affiliates, licensors, independent contractors (including Educators) and service providers and their respective directors, officers, employees, representatives, successors and assigns, are referred to in this Agreement collectively, with AAAMS, as the “AAAMS Entities”.
40 Refund Policy.
All Program registration fees paid to the The American Association of Aesthetic Medicine and Surgery (AAAMS) are nonrefundable.
41 Pricing Policy.
The Program registration fee(s) may only be made via credit card or PayPal. No other form of payment(s) will be acceptable.
42 Cancellation Policy.
The American Association of Aesthetic Medicine and Surgery (AAAMS) reserves the right to cancel a Program for any reason and does not take responsibility for any associated fees. Program date(s), Educators and program materials are subject to change without further notice.
43 Release of Liability
Member hereby releases and discharges The American Association of Aesthetic Medicine and Surgery (AAAMS) and their respective directors, principals, members, faculty, Educators, volunteers, servants and agents, including their successors and assigns, from any and all actions, claims and demands for damages, loss or injury, howsoever arising from this Program including but not limited to the Program content, training materials, personal, professional, educational, and/or medical advice, feedback, comments, and/or recommendations.
The American Association of Aesthetic Medicine and Surgery (AAAMS) assumes no responsibility for any consequences from the application of any information provided by the AAAMS, its’ members, staff, Educators training materials, website, and personal communications.
44 Contact Us.
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to firstname.lastname@example.org. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.