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AMERICAN MEDICAL ASSOCIATION (“AMA”) DIGITAL COMMUNITIES USER AGREEMENT
USE OF THE COMMUNITIES
The AMA seeks to enhance and promote collaboration among individuals through the Communities. The Communities 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 Communities.
While some of the features and content on the Communities are free of charge, we reserve 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.
You promise that you will use the Communities in good faith, will use your real name and only submit accurate information. You will not impersonate a physician or medical student on the Communities. You will not sign up under a false name or with someone else's name, even with that person’s consent. You will load onto your profile a profile photo that is a clear photo of your own face.
You will not create an account on the Communities using a false, fake, "throwaway" or temporary email address (such as those generated on sites like fakemailgenerator.com and mailinator.com). You will only use 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.
Participation in some Communities may require proof or validation by the AMA that you have been conferred a degree of “Medical Doctor” or “Doctor of Osteopathy” or are in the process of obtaining your degree of “Medical Doctor” or “Doctor of Osteopathy” (or an international equivalent) from a medical school that is accredited by the Liaison Committee on Medical Education (LCME), the Commission on Osteopathic College Accreditation (COCA), or an international medical school equivalent, if applicable. Satisfaction of participation requirements is determined by the AMA in its sole discretion. 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.
From time to time certain Communities (such as the Physician Innovation Network Community) may allow you to post opportunities in healthcare innovation or may list third party opportunities for your involvement in healthcare innovation. For those opportunities that you do not post, these opportunity listings are created and provided by third parties over whom the AMA exercises no control, and you acknowledge and understand that we have no control over such listings. AMA does not have any obligation to screen any opportunity listing, or to include any such listing in its search results, and may exclude or remove any opportunity listing from the site for any or no reason. AMA cannot confirm the accuracy or completeness of any opportunity listing or other information submitted by any poster on the Communities, including the identity of the poster. AMA assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any opportunity listing on the Communities. Communications between you and the poster of the opportunity listing are entirely out of AMA’s control, and AMA does not guarantee you will receive any responses or acceptance to any opportunity to which you may apply.
Note that your compliance with this User Agreement will make the Communities more useful to its member base as a whole. The AMA does not have the obligation to monitor use of the Communities 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 as a result of your participation in or subscription to the Communities.
Personal information you provide to the Communities may include but is not limited to:
By default, the information you provide to the Communities is visible only to you and other members of the Communities, with the exception of the following:
You will not post any information about a person'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, suppliers, 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 violation of HIPAA.
Many communications that you initiate through the Communities (for example, an invitation you send to connect with another member or to join the Communities to connect with you) will list your name, primary email address in the message. After sending these invitations, we may also remind your invitees of your invitation on your behalf. Messages you initiate may also provide the recipient with aggregate information about your network (for example, how many people are in your network). Other communications that you initiate through the Communities like a request for an introduction, will list your name as the initiator but will not include your personal email address contact information. Once you have connected with an individual, regardless of who sent the invitation, your contact information will be shared with that individual.
We communicate with you through email, notices posted on the Communities or apps, messages to your Communities mailbox, and other means available through the Communities. Examples of these communications include, but are not limited to: (1) welcome and engagement communications - informing you about how to best use the Communities, 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 Communities; (3) promotional communications. These messages will be sent to you based on your profile information and messaging preferences.
Any information you include in your profile may be viewed by other members of the forum. If you participate in the group discussions featured on the Communities, share content on your network update stream, or import a blog or other content, you should be aware that 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 groups are typically searchable on the Communities and some content in such groups may be public and searchable on the Internet. You can remove your posts to groups at any time. However, others may have copied and used the information that you shared.
AMA offers other websites the ability to embed buttons referencing the Communities, for example that allow you to share or like on the Communities from that authorized Communities. 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 Communities.
In order for us to improve your user experience and understand what features of the Communities are most useful to our members, we collect information regarding how you use the Communities. 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 Communities 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 Communities that are most useful to you.
Whenever you use the Communities, we automatically collect and store information in log files. These log files enable us to diagnose problems with the Communities and keep it secure. We may also use this information to customize your experience on the Communities (for example, by displaying relevant ads based on your location). Information that we collect can include, but is not limited to, the following:
The Communities is operated by a third party, Medical Networking, Inc. (“Medstro”). Medstro may have access to your information, including but not limited to, personal information you provide or upload to the Communities, information that you authorize us to access from other Communitiess, information we collect regarding how you use the Communities, information you provide when you contact our customer support services and information we automatically collect and store as described in the paragraph above. Additionally, we may employ other third party companies and individuals to facilitate the Communities (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 and are obligated to AMA not to disclose or use it for other purposes.
You acknowledge that your use of the Communities is voluntary. You understand that the information you provide on the Communities is visible to other members of the Communities and could be used by them to infer other aspects of your life. Additionally, other members of the Communities can view any ideas, concepts, content, materials, notes, records, drawings, designs, logos, inventions, trade secrets, improvements, developments and discoveries you post to the Communities. Share what you feel comfortable with others viewing. You can withdraw or modify your notification preferences, in accordance with the terms of this User Agreement, by changing your account settings under “Email Settings” or in your profile. The AMA does not endorse, promote or encourage (1) the organizations represented by the members of the Communities or (2) the views or opinions of the members of the Communities (or the organizations represented by those members).
“9. User-Generated Content. The AMA does not claim any ownership, copyright or other intellectual property rights in content, ideas, concepts or products that you post on or through the AMA websites, including but not limited to comments or posts that you submit on forums, blogs, or other websites, or other websites (“User-Generated Content”). When submitting User-Generated Content, you will abide by the Code of Conduct. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content.”
“18. Warranties Disclaimed. THE COMMUNITIES, 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 COMMUNITIES OR AMA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE COMMUNITIES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COMMUNITIES WILL MEET YOUR EXPECTATIONS; OR (iv) AMA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE COMMUNITIES. 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, COMMUNITIES AND/OR ANY AMA CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE COMMUNITIES 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 COMMUNITIES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE COMMUNITIES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMMUNITIES; (vii) FROM ANY DELAY OR FAILURE OF THE COMMUNITIES 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 COMMUNITIES (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 COMMUNITIES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE COMMUNITIES OR AMA CONTENT.”
By clicking “Accept” or continuing to access or use the Communities, 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 Communities.