Users Accessing the Website from Outside the United States of America: The ANA Enterprise makes no representation that the Website content is appropriate or available for use outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Such users also agree to comply with all applicable United States export controls.
1. LIMITED LICENSE
This Website contains a variety of resources and content including but not limited to educational materials, articles, reference tools, images, photographs, sounds, music, artwork, communication tools, discussion and chat boards, text, exemplars, topic-based discussions, event-based services such as live and recorded webinars, directories, guides, articles, opinions, weblogs, reviews, text, design, logos, graphics, button, icons, photographs, images, illustrations, a look and feel, layout, navigational structure, ideas, unique expressions of ideas, visual display choices, website trade dress elements, audio clips, video clips, trademarks, service marks and the like that are protected by copyright and/or other intellectual property laws (collectively the "Content"). All Content and the rights thereto, are owned, licensed or controlled by the ANA Enterprise. User agrees that unless expressly granted otherwise herein, User shall not cause any Content to be copied, reproduced, distributed, parsed, modified, republished, encoded, translated, or delivered manually or electronically in any way (including but not limited to mirroring) to any source either directly or indirectly. User shall not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way commercially exploit or provide to a third party the Content or any other portion of the website without the prior written consent of the ANA Enterprise. Content use may be subject to further restrictions as described herein.
If any downloads are purposely made available to you through the Website, you may use such downloaded materials, provided that such use is for personal and not for commercial use; that you do not remove any proprietary notices on such materials, if any; that you do not copy or post such materials on any computer, website, or broadcast medium; that you make no changes to such materials; that you do not distribute such materials to any third parties; and that you do not attempt to electronically reproduce such materials and that you follow any other restrictions posted or present about or on such downloaded materials.
Without prejudice to the restrictions set forth in Section 1, above, any and all trademarks, service marks, logos and brand identifiers (collectively the "Marks") found on this Website are registered domestic or international trademarks or service marks, or otherwise protected by common law, and therefore are owned by the ANA Enterprise. Unless otherwise granted explicit permission in writing from the ANA Enterprise, nothing contained in this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Marks without the prior written permission of the ANA Enterprise. Any misuse of the Marks is strictly prohibited and may violate federal and/or common trademark laws. Other brands or product names used on the Website may be trademarks and/or service marks of their respective owners, and should be treated as such. User should not use any Marks without the express written permission of the ANA Enterprise.
5. ADDITIONAL TERMS
6. USER-PROVIDED MATERIALS
7. USE RESTRICTIONS
Unless otherwise expressly granted herein, User may not, and may not permit others, to:
a. Use the Website to perform any illegal activities, including, but not limited to, defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal or privacy rights of others;
b. Use the Website to collect names or contact information for mailings or communications;
c. Sell, rent, lease, license, sublicense, or assign the Website, the use of the Website, and/or Content;
d. Reverse engineer, decompile, disassemble, or otherwise derive the source code or object code from the Website or any Content;
e. Alter, modify, adapt, reconfigure, or prepare derivative works of the Content or Website;
f. Provide or permit access to the Website or its Content except for the sole use of User;
g. Archive or retain any of the Website or its Content in any form without the express written permission of the ANA Enterprise;
h. Distribute (including but not limited to, via e-mail or the Internet), or otherwise make available copies of the Website or Content to others, whether or not for payment or other consideration, without the written permission from the ANA Enterprise;
i. Copy, extract, summarize, distribute or otherwise use the Website or its Content in any manner which competes with or substitutes for the ANA Enterprise's distribution of the Website or its Content to its users or subscribers;
j. Transmit information that infringes any copyright, trademark, trade secret, or other intellectual property rights of any party;
k. Transmit any material that contains malware, virus, other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
l. Impersonate anyone or any entity, falsely state or otherwise misrepresent other users' affiliation with a person or entity;
m. Collect or store personal data about other users or members;
n. Disclose any Personally Identifiable Information ("PII"), Protected Health Information ("PHI") or any information that would be a violation of the federal regulations issued pursuant to the Health Insurance Portability and Accountability Act ("HIPAA") and codified at 45 C.F.R. Parts 160 and 164, subparts A and E (the "Privacy Rule") and Part 164, subparts A and C (the Security rule"), or Subtitle D of the Health Information Technology for Economic and Clinical Health Act ("HITECH").
o. Disclose PII or PHI about yourself that is not necessary or about others without their express permission.
p. Directly or indirectly copy or allow the copying of any material on the Website whether by scraping, robots, spiders, crawlers, deep-link, page-scrape or any other similar method.
q. Directly or indirectly copy electronically or manually.
r. Circumvent the normal and organic navigational structure of the Website or try to obtain documents, files or directories that are not meant to be publicly displayed.
s. Probe, electronically scan, reverse engineer, or decompile any code on the Website.
t. Directly or indirectly provide or create an unreasonable or disproportionate load on the Website.
u. Use the Website manually or electronically, directly or indirectly, for your own purposes or for a third party, to gain access or information about any other user of the Website or member of the ANA Enterprise.
v. Take any action manually or electronically, directly or indirectly, for your own purposes or for a third party, to interfere with the normal operation of this Website or of another user's operation of this Website.
w. Use the Website to create or distribute mailing lists.
8. CHANGES ON WEBSITE
The ANA Enterprise may modify, suspend, discontinue or restrict the use of any portion of the Website, including the availability of any Content at any time and without notice or liability. The ANA Enterprise does not guarantee or have any obligation to keep or store Content or User-generated content although it has the right to do so.
THIS WEBSITE AND THE INFORMATION, SERVICES, PRODUCTS, AND CONTENT CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTIES EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF USAGE, OPERATION OF WEBSITE IS ERROR-FREE, NON-INFRINGEMENT, ANY AVAILABILITY, ACCURACY OR COMPLETENESS OF THE MATERIALS AND/OR CONTENT, SOFTWARE, DOCUMENTATION, OR INFORMATION. ANA ENTERPRISE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THIS WEBSITE, WHETHER BY ANA ENTERPRISE OR A THIRD PARTY, INCLUDING BUT NOT LIMITED TO THE CONTENT AND DISCUSSION BOARDS; USER ACKNOWLEDGES THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT USER'S SOLE RISK.
User agrees to defend, indemnify and hold the ANA Enterprise and its owners, directors, officers, employees, agents, successors, assigns, and state/constituent member associations harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by the ANA Enterprise, directly or indirectly, with respect to or arising out of: (i) User's failure to comply with these Terms; (ii) User's breach of any obligations under these Terms; (iii) User's use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) any third party claim based on User's use of this Website and/or (v) User's violation of any third party right, including without limitation any copyright, trademark, other intellectual property, or privacy right.
11. LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, IN NO EVENT SHALL ANA ENTERPRISE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, CONTENT, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PROPRIETARY INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE; AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. GOVERNING LAW
15. TERMINATION OF USE
16. OTHER USE RESTRICTIONS
Without prejudice to the restriction set forth in Section 7, above, you may not directly or indirectly copy or allow the copying of any material on the Website whether by scraping, robots, spiders, crawlers, deep-link, page-scrape or any other similar method. You may not directly or indirectly copy manually. You may not circumvent the normal and organic navigational structure of the Website or try to obtain documents, files or directories that are not meant to be publicly displayed. You may not probe, electronically scan, reverse engineer, or decompile any code of or on the site that is not part of the public html layer. You agree not to directly or indirectly provide or create an unreasonable or disproportionate load on the Website. You will not use the Website manually or electronically, directly or indirectly, for your own purposes or for a third party, to gain access or information about any other User of the Website or member of the ANA Enterprise. You agree not to take any action manually or electronically, directly or indirectly, for your own purposes or for a third party, to interfere with the normal operation of this Website or of another User's operation of this Website.
18. NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY OR COPYRIGHT INFRINGEMENT; AGENT FOR NOTICE OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the ANA Enterprise's Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The ANA Enterprise's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached at the following email address: DMCA.Notices@ana.org
19. NOT MEDICAL ADVICE
Nothing on this Website should be construed as giving medical advice or establishing a patient-client privilege relationship.
20. LAWS, RULES, AND REGULATIONS
The User agrees to follow all applicable laws, regulations, statutes, and ordinances in using this Website.
No failure to exercise a right or privilege by the ANA Enterprise shall be deemed a waiver of such right or privilege.
22. No THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall confer any rights to any party other than the ANA Enterprise and the User.
23. COMPLETE AGREEMENT
This Agreement represents the entire understanding of the parties and any and all other communications are superseded.