American Medical Association (“AMA”) Physician Innovation Network (“PIN”) Platform User Agreement Click-Through Terms
Before using the Physician Innovation Network (“PIN”) website (referred to as the “Website”), please read the following terms and conditions carefully. Choosing the “Accept” option on your screen below acknowledges your acceptance of these terms and conditions (the “User Agreement”), in addition to your compliance with the AMA’s Terms of Use, Privacy Policy and Code of Conduct. If you do not accept the terms of this User Agreement, you will not be able to use the Website.
The AMA reserves the right to revise this User Agreement at any time in its sole discretion by posting a revised User Agreement to the Website. Your use of the Website signifies your acceptance of all the terms and conditions contained within the User Agreement posted at the time of your use. If this User Agreement is being agreed to by a company or other legal entity, then the person agreeing to this User Agreement on behalf of that company or entity represents and warrants that he or she is authorized and lawfully able to bind that company or entity to this agreement. You should print and retain a copy of this agreement for your records.
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Use of the Website.
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Purpose and Ownership. The AMA seeks to enhance and promote collaboration among individuals through the Website. The Website is intended to help advance the AMA’s mission to improve the art and science of medicine and the betterment of public health through dynamic, creative collaboration among authorized users of the Website. You acknowledge that, as between you and the AMA, the AMA retains all right, title, and interest in PIN and the Website, including all intellectual property rights therein. Except for the limited rights granted herein, you receive no right or interest in or to PIN or the Website.
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Costs. While some features of the Website are provided at no charge, some features may require payment for subscription services associated with or in support of the use of the Website. The AMA reserves the right to begin charging our users to access any or all features or content at any time, with reasonable advance notice and in our sole discretion.
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Good Faith. You promise that you will use the Website in good faith, will use your real name and only submit accurate information. You will not sign up under a false name or with someone else's name, even with that person’s consent. If you choose to upload a photo to your profile, you will load a profile photo that is a clear photo of your own face. You will not create an account on the Website using a false, fake, "throwaway" or temporary email address (such as those generated on sites like fakemailgenerator.com and mailinator.com). You will only provide a real email address that delivers email to you. If you create an account using a social media account (e.g., Facebook, Twitter, Google Plus or LinkedIn) you must use a social account that is legitimately held by you and that contains accurate information about you. You will not impersonate a physician or medical student on the Website. Physician accounts on the Website are intended only for people who have been conferred a degree of "Medical Doctor" or "Doctor of Osteopathy" by an accredited medical school or foreign equivalent. If you do not hold one of these two degrees, you may not sign up for a physician account on the Website. Medical student accounts are intended for people who are currently attending a medical school that is accredited by the Liaison Committee on Medical Education (LCME) or the Commission on Osteopathic College Accreditation (COCA). If you are not currently attending an LCME- or COCA-accredited medical school, you may not sign up for a medical student account on the Website. AMA will do its best to preserve the information, but any information you submit to us is at your own risk of loss and you relinquish any rights to damages or compensation in the event we lose your information. You represent and warrant that you are entitled to submit the information and that the information is accurate, not subject to confidentiality restrictions, and not in violation of any contractual restrictions or other third-party rights.
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Compliance. Note that your compliance with this User Agreement will make the Website more useful to its member base. The AMA does not have the obligation to monitor use of the Website in compliance with the terms of this User Agreement, but it reserves at its sole discretion the right to cancel or delete your account (along with all corresponding content) if you do not comply with these terms. Nothing herein shall be construed as establishing or constituting a partnership, agency or joint venture between you and the AMA because of your participation in or subscription to the Website.
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Privacy Terms.
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Supplement to Privacy Policy. This section is meant to supplement the AMA Privacy Policy. For more information on how the AMA collects, stores and uses your information, please read the AMA Privacy Policy.
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Personal Information. Personal information you provide to the Website may include but is not limited to:
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Information that you enter in to web forms, communities, or discussion groups on the Website, such as your profile information, status updates, opportunity listings, etc.
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Information that you upload to the Website, including content and photos you may upload to the Website; and
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Information described under “Information We Collect” in the AMA Privacy Policy.
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Visible Information. By default, the information you provide to the Website is visible only to you and other users of the Website, except for the following:
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Information that you have specifically designated as “Public” can be visible to anyone on the Internet.
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Your name, job title, current employer, “tagline,” specialty (as applicable) and profile photo may be visible to anyone over the Internet. What this means is that this information might show up in a Google search, for example. However, whoever clicks on the search result will not be able to see any additional information unless they are a member of the Website, or you have designated that information as publicly visible.
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Any information that you post to the Website’s pages or group discussions that are designated as “Public”. This information will be accessible to anyone on the Internet.
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If you list a job or research opportunity in the “Opportunities” section of the Website, the title, description, job location and other information will be visible to anyone on the Internet. Your contact details will not be visible (unless you include them in the description or other public field).
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Any information you include in your profile may be viewed by other members of the Website including contact information, specialty (if a physician), your activity on the site, your social links you provide, your connections
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Any information you choose to disclose using these services can be read, collected, and used by other members in these forums, developers, and other third parties, including advertisers. We are not responsible for the information you choose to submit in these forums. Your contributions to platform features are searchable on the Website. You can remove your posts to groups at any time. However, other Users may have copied and used the information that you shared.
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Organizational and Collaborator profiles are managed by their profile administrators. These profiles can disclose the name of the company or organization, city, state, country, website, video link (if provided), social media links, company overview, Opportunities posted on PIN, a list of other employees, and Affiliations. It is the responsibility of the Organizational profile Admin to maintain accurate information, including the individuals eligible for managing the Organizational (or Collaborator) profile.
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Compliance with Health Insurance Portability and Accountability Act of 1996. You will not post any information about an individual’s medical condition, medical history or any other information that would constitute a violation of Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended (“HIPAA”). To the fullest extent permitted by law, you shall defend, indemnify and hold harmless AMA and its affiliates, subsidiaries, trustees, officers, employees, agents, representatives, vendors, advertisers, promotional partners and licensors from and against any and all liabilities, damages (actual and consequential), suits, judgments, losses, claims, costs (including litigation costs), expenses (including attorneys' fees and costs) arising from or in any way related to your alleged violation of HIPAA.
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Connections with other Users. Many connections (Following, Messaging, Affiliating) that you initiate through the Website) will list your name and primary email address in the message. After sending these invitations, we may also remind your invitees of your request on your behalf. Connections you initiate may also provide the recipient with aggregate information about your network (for example, how many people are in your network). Once you have connected with an individual, regardless of who sent the invitation, your profile information will be shared with that individual. We may communicate with you through email, Notifications posted on the Website, messages to your Website mailbox, and other means available through the Website. Examples of these communications include, but are not limited to: (1) welcome and engagement communications - informing you about how to best use the Website, new features, updates about other members you are connected to and their actions, etc.; (2) service communications - these will cover service availability, security, and other issues about the functioning of the Website; (3) promotional communications. These messages will be sent to you based on your profile information and messaging preferences.
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Other Websites. AMA offers other websites the ability to embed buttons referencing the Website, for example that allow you to share or like on the Website from that authorized website. When you use these buttons, you understand that you are submitting information to the AMA just as if you were submitting it directly to the Website. The AMA also offers other websites the ability to identify you using your Website account. This will normally be labeled as “Login with Physician Innovation Network”, “Login using your Physician Innovation Network account”, “Link your Physician Innovation Network account”, or a similar variation. In these cases, you will be asked for your Website username and password. If you enter this information correctly you will then be able to confirm what information the third-party site is asking us to share with them. You have the option to either authorize or not authorize us to share the information. If you authorize us to share the information, we provide it to the requesting party, and it then becomes subject to that party’s privacy policy. We strongly recommend you read the privacy policy of third-party sites before authorizing them to access your information from the Website. AMA is not responsible for any use of your information by third parties with whom you have authorized us to share your information.
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Customer Service. When you contact our customer support services, through AMA IT, we may have to access your Website account, groups and other contributions to the Website and collect the information we need to categorize your question, respond to it, and, if applicable, investigate any breach of this User Agreement or the Terms of Use, Privacy Policy or Code of Conduct. We also use this information to track potential problems and trends and customize our support responses to better serve you. We do not use this information for advertising.
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Website Improvement. For us to improve your user experience and understand what features of the Website are most useful to our members, we collect information regarding how you use the Website. This includes when and how often you log into the site, which links you click and how often, what information you look at on the Website and other usage metrics. This information will only be shared with AMA employees, contractors and affiliates who have a reasonable need to know the information in order to improve your user experience and understand features of the Website that are most useful to you.
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User Log-In. Whenever you use the Website, we automatically collect and store information in log files. These log files enable us to diagnose problems with the Website and keep it secure. We may also use this information to customize your experience on the Website (for example, by displaying relevant ads based on your location). Information that we collect can include, but is not limited to, the following:
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The date and time you access the website;
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The IP address of your computer;
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Your operating system;
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Your web browser type and version;
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Which website you came from;
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What URLs you click on while on the Website;
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What URL you are directed to when you leave the Website;
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If you are viewing the Website on a mobile device, we record the mobile device type, operating system, mobile device identifier and browser type/version; and
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If you have enabled location services, we may receive information about your physical location.
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Third Parties. The Website is operated by a third party, Modea (“Modea”) may have access to your information, including but not limited to, personal information you provide or upload to the Website, information that you authorize us to access from other websites, information we collect regarding how you use the Website, information you provide when you contact our customer support services and information we automatically collect and store as described herein. Additionally, we may employ other third-party companies and individuals to facilitate the Website (e.g., maintenance, analysis, audit, marketing and development). These third parties have limited access to your information only to perform these tasks on our behalf.
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Account Services and Legal Compliance. We retain the personal information you provide while your account is in existence or as needed to provide you with the Website and other services. We may retain your personal information; terminological or clinical content, modifications to content, thought leadership, ontologies, methods, logical groupings, feedback, organizational structures, affiliations with Organizations and Collaborators identified on the Website relationships or hierarchies to AMA via the Website for consideration (“Contributions”); and/or any content and other materials you post on the Website even after you have closed your account if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes between members, prevent fraud and abuse, or enforce the terms of this User Agreement or the Terms of Use, Privacy Policy or Code of Conduct. We may retain personal information or Contributions and/or content and other materials you post on the Website, for a limited period, if requested by law enforcement. Our customer service may retain information for as long as is necessary to provide support-related reporting and trend analysis only, but we generally delete or de-personalize closed account data consistent with these terms.
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Voluntary Use. You acknowledge that your use of the Website is voluntary. You understand that the information you provide on the Website may be visible to other members of the Website and could be used by them to infer other aspects of your life. Additionally, other members of the Website can view any ideas, concepts, content, materials, notes, records, drawings, designs, logos, inventions, trade secrets, improvements, developments and discoveries you post to the Website. Share what you feel comfortable with others viewing. You can change your notification preferences and your data sharing preferences as provided in your account settings.
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Feedback. You understand and agree that the AMA shall be free to use and incorporate any and all suggestions, comments and other forms of general and specific feedback you contribute to the Website regarding AMA products and services. You claim no interest in or to the feedback you provide hereunder, including any intellectual property rights in the feedback, and AMA shall be free, without any obligation to you, to use and incorporate the feedback in its other products and services.
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Changes to AMA’s Terms of Use Applicable to the Website. The AMA’s Terms of Use, Privacy Policy and Code of Conduct shall apply to your use of the Website in addition to the terms of this User Agreement. However, certain provisions of the Terms of Use are modified solely as they relate to the Website. Specifically, Section 18 (Warranties Disclaimed); Section 19 (Limitation of Liability); and Section 21 (Indemnification) of the Terms of Use shall be expanded to include User-Generated Content (as defined in Section 9 of the Terms of Use as any content that you post on or through the AMA websites, such as comments or posts that you submit on forums, blogs, or other websites). The foregoing modified provisions are set forth in their entirety below. The remaining provisions of the Terms of Use shall apply unmodified to your use of the Website. Capitalized terms used but not defined herein shall have the meaning ascribed thereto in the Terms of Use, Privacy Policy or Code of Conduct, as the case may be. To the extent that there is a conflict between this User Agreement and the Terms of Use, this User Agreement shall govern.
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18. Warranties Disclaimed. THE WEBSITE, USER-GENERATED CONTENT, AND AMA CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER THE AMA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "AMA PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE WEBSITE, OR AMA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY OTHER PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) AMA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
19. Limitation of Liability. THE AMA PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE USER GENERATED CONTENT, WEBSITE, AND/OR ANY AMA CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE WEBSITE, AND/OR AMA CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT, AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE WEBSITE ARISING OUT OF CAUSES BEYOND THE AMA'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE AMA CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE WEBSITE, AND/OR AMA CONTENT.
21. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the AMA Parties from and against all claims arising from or in any way related to User-Generated Content or Contributions or your use of the Website, and/or AMA Content, a violation by you of these Terms of Use, or any other actions connected with your use of the Website, and/or AMA Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. The AMA 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 AMA Parties other than under this Section.
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By clicking “Accept” you are indicating that you have read and agree to the terms of this User Agreement. By clicking “Decline” you are indicating that you do not agree to the terms of this User Agreement and, accordingly, you will not be able to use the Website.