Your access to and use of this site is subject to the following Legal Terms. Please read these Legal Terms carefully before accessing or using the site, so that you fully understand your rights and responsibilities. BY ACCESSING OR USING THE SITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE LEGAL TERMS.
AASP RESERVES THE RIGHT TO CHANGE THESE LEGAL TERMS AT ANY TIME. IF WE DECIDE TO CHANGE THE LEGAL TERMS, WE WILL POST ANY CHANGES ON THIS WEB SITE. ANY SUCH CHANGES SHALL BE EFFECTIVE UPON POSTING ON THE WEB SITE. BY ACCESSING THE SITE FOLLOWING THE POSTING OF CHANGES TO THE LEGAL TERMS, YOU AGREE TO ALL SUCH CHANGES.
These Legal Terms are agreed to by and between you and American Academy of Spine Physicians, Inc. ("AASP"). In consideration of your use of and access to this web site, and the promises and obligations in these Legal Terms, and intending to be legally bound, you and AASP hereby agree to all of the terms and conditions of these Legal Terms. These Legal Terms describe the terms and conditions under which AASP welcomes you to this site. Please read the Legal Terms carefully so that you fully understand your rights and responsibilities.
II. AASP Intellectual Property Rights
Copyright 2003 American Academy of Spine Physicians, Inc. (AASP) All Rights Reserved. All copyrightable text, audio, video, graphics, charts, web programming, photographs and icons, design, selection, and arrangement of content in any medium on this site is copyrighted by AASP, unless otherwise noted. The distinctive and original layout and presentation of this site also constitutes protectable trade dress under applicable federal law. In addition, many registered and unregistered marks may appear throughout this site and they are the sole property of AASP. This site may also contain references to third-party marks, which are the property of their respective owners. If you have any questions regarding a specific mark or any other AASP intellectual property, please contact the AASP. Any unauthorized use of any of AASP's marks, or of its copyrighted material or trade dress or any other intellectual property, is strictly prohibited, and will be prosecuted to the fullest extent that the law provides.
III. Use of This Site
Permission is granted to download this site's content and to print a single hard copy for the user's use only unless otherwise specified online. You may not otherwise use, copy, modify, distribute, republish or transmit any of the content or materials of this site without the written permission of AASP. There are many areas on the AASP website which archive downloadable materials which can be disseminated in their original form. Some documents may have a designated area, which can be personalized with the member name and contact information. Authorization for this type of use will be specifically designated on each area of the website or on the document itself. You understand and expressly agree that use of this site is at your own risk, that any material or data downloaded or otherwise obtained through the use of the site or by virtue of interaction with other users is at your own discretion and risk, and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data, and for any other form of damage that may be incurred. AASP SHALL NOT BE LIABLE TO USERS FOR ANY DAMAGE RESULTING FROM USE OF THE SITE, NOR IS AASP IN ANY WAY RESPONSIBLE FOR THE CONDUCT OF USERS, OR INFORMATION EXCHANGED ON THE SITE.
Although AASP endeavors to provide accurate information, this site is intended to be for general reference purposes only. AASP makes no guarantees with respect to any information provided on the site.
IV. No Warranty
USER EXPRESSLY UNDERSTANDS AND AGREES THAT AASP SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF AASP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.
V. No Liability
In no event shall AASP or any of its affiliates, officers, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, information, profits or business interruption, arising out of or in any way related to the use or performance of this web site or any linked site, to any information or products or anything else obtained through this site, or otherwise arising out of the use of this site, or to the inability to use the site, whether based in tort, contract, negligence, strict liability or otherwise, even if AASP has been advised of the possibility of damages. Your sole and exclusive remedy is to discontinue using this web site.
VI. AASP Indemnified
You agree to indemnify, defend and hold harmless AASP, its affiliates, officers, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from your use of the site or the violation of these Legal Terms, including without limitation, your infringement, or infringement by any other users of your account, of any intellectual property or other right or policy of any person or AASP.
VIII. Advertisements and Other Sites
The AASP Web site may contain links to third party websites that are not under the control of AASP. AASP makes no representations whatsoever about any other web site to which User may have access through the AASP web site. When User accesses a third party web site, User does so at its own risk and acknowledges that AASP is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that AASP shall not be liable for any loss or damage of any sort incurred as the result of using any third party's web site. Mention of third party companies and web sites on the AASP Web site is for informational purposes only and does not constitute an endorsement or recommendation.
IX. Agreement to Legal Terms; Changes
BY YOUR ACCESS OR USE OF THIS SITE, YOU HEREBY AGREE TO THESE LEGAL TERMS. These Legal Terms constitute the entire agreement between the parties with respect to the subject matter contained in the Legal Terms and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Legal Terms will be effective only if in writing and signed by AASP. These Legal Terms will inure to the benefit of AASP's successors, assigns and licensees.
X. Interpretation and Disputes
These Legal Terms are governed by the laws of the United States and the State of Illinois, without regard to any conflict of laws provisions. All disputes under this Agreement that cannot be resolved by the parties shall be submitted to arbitration in Kane County, Illinois under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days written notice to the other party. The dispute(s) arising under this Agreement shall be decided by a panel of three arbitrators with each party hereto selecting one arbitrator and the two selected arbitrators to chose the third arbitrator. An arbitrator sitting in any arbitration arising hereunder shall not have the authority or power to modify or alter any express condition or provision of this Agreement or to render any award which by its terms has the effect of altering or modifying any express condition or provisions hereof. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law. User agrees that, regardless of any statute or law to the contrary, any dispute arising out of or relating to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
XI. Contacting Us
I. Collection and Use of Information by AASP
While visiting the AASP website you may occasionally encounter a Web page that employs cookies. A cookie is a small file that a website transfers to your computer's hard disk allowing our server to remember specific information about your session while you are connected. This helps to provide the AASP with insight about areas of interest on the website. The patterns of website use provides us with necessary information to help us streamline the web development process. Requests to send cookies from the AASP Web pages are not designed to collect information about you, but only about your browser session. The cookies also make it easier for you to use the dynamic features of the AASP Website. You may set your browser to not accept cookies, or to warn you when a cookie is being placed on your computer. However, if you choose not to accept cookies your ability to navigate this site may be hindered.
II. Requests for Access to Your Information, or Corrections to Errors or Changes in This Information
If you wish to have access to Personally Identifiable Information about you in our records, please contact us with your request at the mailing address or e-mail address located under the Contact Us paragraph of the website. You may also request that we update Personally Identifiable Information about you, or request correction of any factual errors that you believe may exist regarding this information. We will use commercially reasonable efforts to accommodate such requests.
III. Chat Rooms and Privacy Practices of Third Party Sites; Advertisers, Vendors and Others
From time to time, we might offer chat rooms or posting boards. Keep in mind that if you choose to post information in any chat rooms or on any posting boards, you may be revealing your personal information to the public. If you do not wish for your personal information to be disclosed to the public, you should not include any personal information in your postings, or you should refrain from using the chat rooms or posting boards. By using AASPchat rooms or posting boards, you acknowledge that AASP has no control over what third parties may do with that information. You also acknowledge and agree that AASP may disclose your personal information if AASP reasonably believes it is required to do so by law, to protect itself, or to protect other users.
This site may contain advertisements and links to other sites. AASP IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OR PRACTICES OF ANY ADVERTISERS OR LINKED SITES OR FOR THE PRIVACY POLICIES OR PRACTICES OF ANY OTHER THIRD PARTIES. To the extent that you disclose Personally Identifiable Information to any advertisers, linked sites or other third parties, different rules may apply to their use or disclosure of Personally Identifiable Information you disclose to them, and we encourage you to review their privacy policies before disclosing Personally Identifiable Information to them.
IV. Information on Spinal Conditions and Diagnostic Tests
The information on the AASP website is not intended as a substitute for medical professional help or advice but is to be used only as an educational aid. A physician should always be consulted for spinal and related problems. The AASP health-related material is provided for informational purposes only and does not necessarily represent endorsement by or an official position of the American Academy of Spine Physicians, Inc. Advice on the treatment or care of an individual patient should be obtained through consultation with a physician who has examined the patient or is familiar with that patient's medical status.
V. Agreement to Terms
VI. Contacting Us
Copyright © 2003 American Academy of Spine Physicians, Inc. All rights reserved.
AASP legal disclaimer