Terms, Conditions, and Disclaimers

PLEASE READ THESE WEBSITE TERMS OF USE ("TERMS") CAREFULLY. The American Academy of Orthopaedic Surgeons, American Association of Orthopaedic Surgeons and affiliated entities ("AAOS") provide service through various websites, mobile websites, microsites, mobile applications, AAOS profiles on AAOS social media sites and any other digital services and platforms officially operated or used by the AAOS from time to time (“AAOS Sites”). These Sites are available to you ("You") subject to these terms. The terms “You” and “Your” as used here refer to all individuals and/or entities accessing the AAOS Sites for any reason.

THESE TERMS ARE ENTERED INTO BY AND BETWEEN AAOS AND YOU, AND BY USING THE AAOS SITES YOU ARE AGREEING THAT YOU HAVE READ THESE TERMS AND THE PRIVACY POLICY AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, YOU MAY NOT USE THE AAOS SITES AND YOU MAY NOT REGISTER AS A USER.

FOR EUROPEAN UNION USERS

IF YOU ARE A RESIDENT OF THE EUROPEAN UNION ("E.U.") OR ARE ACCESSING THE AAOS SITES WITHIN THE E.U., YOU MUST ALSO READ THE PRIVACY POLICY ON THIS SITE. THAT PRIVACY POLICY PROVIDES YOU WITH INFORMATION ABOUT SOME OF YOUR RIGHTS UNDER THE E.U. GENERAL DATA PROTECTION REGULATION (“GDPR”).

THESE TERMS OF USE MAY BE REVISED PERIODICALLY, WITHOUT NOTICE, AND ARE EFFECTIVE IMMEDIATELY AFTER THE REVISIONS ARE POSTED ON THE AAOS SITES. BY CONTINUING TO USE THE AAOS SITES AFTER SUCH REVISIONS TO THESE TERMS ARE POSTED, YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS AND YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO DETERMINE THE CURRENT TERMS TO WHICH YOU ARE BOUND. NOTHING HEREIN DIMINISHES ANY OF YOUR RIGHTS UNDER THE GDPR.

For information about the AAOS’s use and protection of Your Personal Information, please read the AAOS Privacy Policy. The AAOS Privacy Policy, Code of Conduct as well as additional terms and conditions applicable to certain portions of the AAOS websites (collectively "Additional Terms and Conditions") are incorporated by this reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which You choose to participate, the Additional Terms and Conditions shall govern.

1. Content on AAOS Sites.

(a) The AAOS Sites include without limitation: (i) information pertaining to education, science, advocacy, meetings and conferences, and other valuable information; (ii) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials; and (iii) online services accessible via the AAOS Sites (AAOS Content).

(b) AAOS makes no representation that the AAOS Sites or AAOS Content are appropriate or available for use in all locations or that AAOS’s services are available in Your location.

(c) AAOS has the exclusive right to control accessibility, hours of use, features on the AAOS Sites, and any content or other information found on the AAOS Sites. AAOS can restrict access to any or all portions of the AAOS Sites or remove any information or content from the AAOS Sites at any time.

(d) AAOS shall have no ownership of, does not claim any interest in, and shall have no obligation of any kind with respect to, any content that You upload or post to, place on, or otherwise transmit, through any process, via the AAOS Sites (“User-Generated Content”). Any User-Generated Content shall be deemed provided on a non-confidential basis. AAOS shall be free to use or disseminate such User-Generated Content on an unrestricted basis for any purpose, and You grant AAOS an irrevocable, perpetual, worldwide, royalty-free, non-exclusive, fully transferable license to use User-Generated Content for any and all purposes, including but not limited to, reproducing, modifying, adapting and creating derivative works of, distributing, transmitting, displaying, performing, and publishing (in any and all forms and media, now known or later discovered or created), as AAOS determines in its sole discretion. You represent and warrant that You have proper authorization to grant this license. AAOS shall have no obligation to, or liability for failing to, actively monitor the AAOS Sites for inappropriate User-Generated Content, and does not undertake editorial control of User-Generated Content. In the event that any inappropriate User-Generated Content is brought to AAOS’s attention, AAOS may take all appropriate action. AAOS may, but is not required to, pre-screen, refuse, or remove any User-Generated Content that AAOS deems to be abusive, defamatory, obscene, an infringement of others’ intellectual property rights, or otherwise in violation of the Online Code of Conduct or any other provision set forth in these Terms.

2. Limited License. 

Subject to Your compliance with these Terms, AAOS grants You a non-exclusive, nontransferable, limited, fully-revocable (at any time and for any reason) term license to access and use the AAOS Sites for personal, non-commercial use only. Any other use of the AAOS Content is strictly prohibited without the prior written consent of AAOS.

3. Your Obligations.

In consideration of Your use of the AAOS Sites, You agree:

(a) to be entirely responsible for all User-Generated Content and, specifically, not to upload, post or otherwise transmit, via the Website, any User-Generated Content that: (i) is harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, threatening, or otherwise objectionable; (ii) constitutes an unauthorized disclosure of personal information; (iii) violates or infringes anyone’s intellectual property rights; or (iv) violates the Online Code of Conduct; and

(b) to accept sole and exclusive responsibility (as between AAOS and You) for adequate protection of Your data and/or equipment used in connection with the AAOS Sites; and

(c) to defend AAOS from any claim, suit, demand, and action of any third party, and indemnify and hold AAOS harmless from any resulting judgment, settlement, and cost, including reasonable attorneys’ fees, due to or arising out of Your use of (or connection to) the AAOS Sites (including any use by You on behalf of another user, person or entity).

4. Username and Password.

You are responsible for maintaining the confidentiality of Your username and password. You agree that You will not let anyone other than You use Your username or password. You agree to immediately notify the AAOS of any unauthorized use of Your username or password by an email to webhelp@aaos.org and member@aaos.org.

5. Advertisers/Promoters.

(a) Sponsors. The AAOS Sites may contain advertisements and/or promotions of third parties (“Sponsors”). The inclusion of advertisements and/or promotions of Sponsors and other Internet sites or resources that offer content, goods, or services on the AAOS Sites does not imply endorsement of the advertised/promoted products or services by AAOS. You agree that Your dealings with, or participation in promotions of, Sponsors (including, without limitation, payment, delivery of goods or services, warranties, representations, and any other terms or conditions associated with such dealings) are solely between You and Sponsors, and AAOS shall have no responsibility or liability for any loss, damage, claim, or complaint of any sort or nature You incur as the result of or relating to any such dealings regardless of the presence of Sponsors on the AAOS Sites.

(b) Internet Links. You may find links to other Internet sites or resources on the AAOS Sites that offer content, goods, or services. You acknowledge and agree that AAOS has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.  

You acknowledge and agree that AAOS has no responsibility or any liability for any unauthorized processing of Your Personal Information by any Sponsor or other third-party website operators. For information on the use of Your Personal Information, see the AAOS Privacy Policy.

6. Confidentiality.

During Your access to and use of the AAOS Sites, You may obtain information that AAOS or other users consider "confidential" or "proprietary" ("Confidential Information"). You agree (a) not to reveal Confidential Information to any third parties and (b) to take precautions, which shall be at least the more protective of (i) reasonable and prudent care or (ii) those taken in safeguarding Your own trade secret, confidential, or proprietary information, whether by instruction, agreement, or otherwise, to satisfy Your obligations under these Terms with respect to authorized use, protection, and security of the Confidential Information. The foregoing restrictions do not extend to information that (a) is at the time of disclosure already known to You from a source not under a confidentiality obligation, (b) is published, or otherwise made known to the public by AAOS, without restriction, or (c) is received by You from a third party who is not bound by any confidentiality obligations with respect to such information. You agree that the wrongful disclosure of Confidential Information will cause AAOS (or its other users) irreparable injury that is inadequately compensable in monetary damages; accordingly, AAOS shall be entitled to injunctive relief in any court of competent jurisdiction against You for the breach or threatened breach of this paragraph, in addition to any other remedies at law or equity.

7. Intellectual Property Rights.

(a) Copyright. All of the content of the AAOS Sites, including text, art, graphics, logos, buttons, images, pictures, audio clips, software, and code is the property of AAOS, AAOS partners or content providers and is protected by US and international copyright laws. Except as granted in the Limited License above, any other use of such content, including modification, transmission, presentation, distribution or re-publication is prohibited without the prior written consent of AAOS.

(b) Trademarks. All trademarks, trade names logos, brand names and service marks of AAOS, whether registered or unregistered, are the property of AAOS and are protected by the US and international trademark laws. These trademarks include, without limitation, American Academy of Orthopaedic Surgeons, American Association of Orthopaedic Surgeons, Orange Book, Orthopaedic Video Theater, Orthopaedic Knowledge Update, Orthoguidelines, American Joint Replacement Registry, Registry Insights, Decide to Drive, Flash Five, Orthopaedic Self-Assessment Examination, OSAE, Orthopaedic In-Training Examination, OITE, The Way I See It, OrthoInfo, and QuickRef. Except as set forth in the Limited License above, any use of these assets is prohibited without the express prior written consent of AAOS. In no event may any such assets be used in connection with any product or service that is in any matter likely to cause confusion as to the source of the product or service or in any matter that discredits, disparages or misrepresents the AAOS. All other trademarks, trade names, brand names or logos appearing on this Website are the property of their respective owners.

(c) Links posted by third parties to the AAOS Sites and/or AAOS Content may not use the AAOS trademark or logo without the written consent of AAOS. Any links to any portion of the AAOS Sites shall be the responsibility of the linking party. The AAOS reserves the right to require any linking party to disable or remove any link that violates the AAOS's rights or causes interruption or deterioration of AAOS Trademarks, Brand or Content.

(d) Requests regarding use of AAOS Content, Trademarks or other proprietary interests for any purpose other than personal, non-commercial use should be directed to legal@aaos.org.

8. Reporting Violation of Copyrights. 

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 that Your own work, or the work of a third party for whom You may act, is featured on the AAOS Sites or has been otherwise copied or provided on the AAOS Sites in a manner that constitutes copyright infringement, please send notice of the alleged infringement to AAOS, including this information: 

(a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;

(b) a description of the copyrighted work You claim has been infringed;

(c) a description of where the material You claim is infringing is located on the AAOS Sites (including the URL, title and/or item number if applicable, or other identifying characteristics);

(d) Your name, address, telephone number, and e-mail address, and, if You are not the owner of the copyright, the name of the owner;

(e) a written statement by You that You have a good faith belief that use of the material in the manner complained of 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 owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement must be sent to:

Melissa Young
American Academy of Orthopaedic Surgeons
9400 W. Higgins Road
Rosemont, IL 60018
Phone: (800) 626-6726 or (847) 823-7186 (outside of the US)
Email: legal@aaos.org

Any notification by a copyright owner or a person authorized to act on its behalf that violates requirements of the DMCA will not be sufficient notice to confer on AAOS actual knowledge of facts or circumstances from which infringing material or acts are evident.

9. Reporting Violation of Trademarks. 

If You are a trademark owner and You believe Your rights have been infringed on the AAOS Sites, please submit a notification of infringement to the AAOS agent above. To submit a notification, You must be the trademark owner or an authorized agent of the trademark owner. When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the AAOS Sites where You believe the infringement is occurring.

10. Security and Integrity.

You agree and are prohibited from violating or attempting to violate the security of the AAOS Sites, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the AAOS Sites, overloading, “flooding”, “spamming”, “mail-bombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) forging any part of the header information or in any e-mail or newsgroup posting or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any User-Generated Content, (f) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the AAOS Sites; (g) engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, or (h) collect or store personal data about other users unless specifically authorized by such users.

11. No Endorsement of Orthopaedic Surgeons.

The “Find an Orthopaedist” service lists AAOS members who are orthopaedic surgeons and who have consented to be listed in this resource. AAOS does not endorse orthopaedic surgeons or any other professional service provider, and AAOS makes no representations or warranties in connection with such providers.

12. Warranty Disclaimer.

YOU USE THE AAOS SITES AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE AAOS SITES INCLUDING COMPUTER VIRUSES). TO THE EXTENT PERMITTED BY LAW, AAOS PROVIDES THE AAOS SITES “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND AAOS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AAOS MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: (A) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THE AAOS SITES; (B) THAT THE AAOS SITES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (C) THAT THE AAOS SITES WILL MEET YOUR NEEDS OR EXPECTATIONS; (D) AS TO THE QUALITY OR VALUE OF ANY THIRD-PARTY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE AAOS SITES; OR (E) THAT ANY ERRORS IN THE AAOS SITES WILL BE CORRECTED. AAOS MAKES NO REPRESENTATION THAT THE AAOS SITES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES OF AMERICA, AND ACCESS TO IT FROM TERRITORIES WHERE THE CONTENT IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THE AAOS SITES FROM SUCH OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.

13. Information Disclaimer.

(a) The content, products, and services provided on the AAOS Sites are offered as an educational service. The information should not be considered inclusive of all proper treatments, methods of care, or as statements of the standard of care and is not continually updated and may not reflect the most recent evidence (new evidence may emerge between the time information is developed and when it is published or read). Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The AAOS Sites and their services do not constitute the practice of medicine or any medical or other professional health care advice, diagnosis or treatment. Users are advised to seek the advice of an orthopaedic surgeon or other qualified health care providers with any questions regarding personal health or medical conditions. Use of the information is voluntary. AAOS assumes no responsibility for any injury or damage to persons or property arising out of or related to any use of this information or for any errors or omissions. If You are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help.

(b) Any legal information contained on the AAOS Sites is not legal advice and is not guaranteed to be correct, complete or up-to-date. If You need legal advice, You should consult a licensed attorney in Your area. 

14. Limitation of Liability.

(a) To the extent permitted by law, AAOS shall have no liability, relating to Your use of (or connection to) the AAOS Sites, for direct, indirect, consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss). This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

(b) AAOS reserves the right, at any time, in AAOS’s sole and exclusive discretion, to amend, modify, suspend, or terminate the AAOS Sites, and/or Your use of or access to it, with or without notice, and AAOS shall have no liability to You or any other person or entity for any modification, suspension, or termination of the AAOS Sites, or any loss of related information.

(c) If You are an E.U. user, nothing herein limits any of Your rights under the GDPR.

15. Miscellaneous.

(a) AAOS may provide notice(s) to You via email, regular mail, reputable overnight delivery service, or by posting notices or links to notices on the AAOS Sites.

(b) These Terms and performance in accordance with these Terms shall be governed by the laws of the State of Illinois. Sole venue and jurisdiction for any proceedings pertaining to these Terms shall be in the state and federal courts located in Illinois.

(c) AAOS shall not be liable under these Terms for failure to perform any of its obligations during any period in which it cannot perform due to matters beyond its control, including, but not limited to acts of God, strike, fire, flood, natural disaster, war, embargo, or riot.

(d) 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 AAOS Sites must be filed by You within one (1) year after such claim or cause of action arose or be forever barred.

(e) The waiver or failure of AAOS to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of any further right in these Terms.

(f) AAOS reserves any rights not explicitly granted in these Terms.

(g) If any provision of these Terms is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is, to the extent necessary, deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.

(h) These Terms constitute the entire agreement and understanding regarding Your use of the AAOS Sites and supersede any prior versions of the Terms. No amendment, addition, deletion, or revision to these Terms shall be valid unless in writing and signed by an officer of AAOS. The headings used in these Terms are for convenience only and shall not control or affect the meaning or construction of any provisions of these Terms.

 

Revised ________ 1, 2019

©2019 American Academy of Orthopaedic Surgery - All Rights Reserved

 


Advertisements


Advertisement


X