COPD Alliance Terms of Service
Last updated on October 28, 2011
Welcome to the Websites and Services of COPD Alliance!
Please read the following terms and conditions (“Terms of Service”) carefully. COPD Alliance, together with its affiliates, including the American Academy of Nurse Practitioners (“AANP”), the American Academy of Physician Assistants (“AAPA”), the American College of Chest Physicians (“ACCP”), the American College of Osteopathic Family Physicians (“ACOFP”), and the American College of Osteopathic Internists (“ACOI”) (collectively, “we” or “us” or “our”) provides primary care clinicians with timely information, tools, and support to facilitate the recognition, diagnosis, and treatment of COPD through our website located at http://www.copd.org and any other websites owned, operated or controlled by us, as well as our social media networking webpage(s), our Facebook® application (the “Facebook App”), and our Widget (the “Widget”) (collectively, the “Services”).
These Terms of Service govern your access to and use of the Services, including any content and information contained therein. This is a legal agreement between you and us and applies to you anytime you are browsing one of our websites, browsing or interacting with our social media webpage(s), using the Facebook App, or using the Widget.
YOU UNDERSTAND THAT BY USING THE SERVICES, INCLUDING ANY CONTENT PROVIDED THEREIN, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.
1. Modifications to Services or Terms of Service
Please note that these Terms of Service may be revised and reissued without notice at any time by updating this posting. From time to time, we may also update or change the Services and you hereby consent to such updates or changes. You acknowledge that we may discontinue or restrict the Services or your access to or use of the Services for any reason or no reason with or without notice.
You should visit this page regularly to review the current Terms of Service. Your continued use of the Services will be deemed as your irrevocable acceptance of any revisions. This agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
2. How to Contact Us
You may contact us via email at info@copd.org or via telephone at (847) 498-8123.
3. Children
All users of the Services must be thirteen (13) years of age or older. The Services are not directed towards children under 13 years of age, and we do not knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to us.
4. Privacy Policy
Your privacy is important to us. Our Privacy Policy, which explains our information practices and the choices you can make about the way your information is collected and used can be found here: http://www.copd.org/privacy-policy
5. Online Conduct
You must use the Services only for lawful purposes and are prohibited from posting any unlawful, harmful, threatening, anticompetitive, abusive, harassing, defamatory, or obscene material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Solely by way of example, you may not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, the posting party warrants and represents that it owns the copyright with respect to such material or has received permission from the copyright owners to use it in such manner. By posting communications, the posting party grants to the COPD Alliance a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, translate, distribute, perform, and display those communications alone or as part of other works in any form, media, or technology, whether known or hereafter developed and sublicense such rights through multiple tiers of sublicenses. The posting party further agrees to grant other users of the Services the right to access, view, store, and reproduce the communications for personal use.
Also, solely by way of example, you may not post any anticompetitive information or material, such as information or material regarding specific prices or fees charged or paid. You also should not post any information or material concerning discounts or terms or conditions of sale or service either obtained by or offered to another person or entity.
COPD Alliance does not actively monitor the Services for inappropriate or objectionable postings and does not undertake editorial control of postings. However, in the event that any inappropriate posting is brought to our attention, we reserve the right, but have no obligation to, review and remove such postings that we consider to be inappropriate, defamatory, or otherwise objectionable.
COPD Alliance may terminate your access to the Services immediately and without prior notice, and bar you from further use of the Services, if you violate these “online conduct” provisions or any other provision of the COPD Alliance Terms of Service.
6. Intellectual Property
The Services and the content and material incorporated in or made available through the Services (the “Content”) are protected by intellectual property rights, such as copyright rights, which are owned and controlled by COPD Alliance or the party credited as the provider of the Content. Our website located at http://www.copd.org and our social media networking webpage(s) are also copyrighted as collective works under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the Services. No Content from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Content on any single computer (or other electronic device) for your personal, noncommercial use, and may print one hard copy of the Content for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any intellectual property ownership rights by downloading or printing the Content. Modification of the Content or use of the Content for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such Content on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to COPD Alliance or the other designated owner of a posted mark. Portions of the Services are also protected by trade dress and other laws and may not be copied or imitated in whole or in part. Finally, decompiling, reverse-engineering, disassembling, or otherwise using technical means to investigate and/or replicate the functionality of the Services is prohibited.
7. Third Party Content
As to some portions of the Services, COPD Alliance is a distributor only, and not a publisher, of messages and other information supplied by members, visitors, or other third parties (the “Third Party Content”). Any opinions, advice, statements, services, or other information provided as part of the Third Party Content are those of the respective author(s). COPD Alliance cannot and does not endorse such Third Party Content in any way, nor does it vouch for the accuracy or usefulness of such Third Party Content. COPD Alliance expressly disclaims any liability relating to such Third Party Content.
8. No Medical Advice
The information provided through the Services should not be considered medical advice and is not intended to replace consultation with a qualified medical professional. As a matter of policy, COPD Alliance does not answer specific medical questions or refer people to a particular medical professional.
9. System Abuse
Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity that may adversely affect the operation or enjoyment of the Services by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Services.
10. No Warranties
The Services are provided on an “as is,” “as available” basis without warranties of any kind, express, implied, or statutory, including, but not limited to, those of TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NON-INFRINGEMENT, or any warranty arising from a course of dealing, usage, or trade practice.
COPD Alliance does not warrant that the Services will be uninterrupted, error free, free from unauthorized intrusion, or that the Services will meet any particular criteria of performance or quality; nor does COPD Alliance make any warranty as to the results or information obtained from use of the Services, in general.
No oral advice or written information provided by COPD Alliance or any third party shall create a warranty; nor shall you rely on any such information or advice. References in the Services to any specific commercial products, processes, or the use of any trade, firm, or corporation name is for the information and convenience of the public and does not constitute endorsement or recommendation by COPD Alliance.
11. Disclaimer of Liability
You assume all responsibility and risk associated with your use of the Services. Under no circumstances whatsoever, including negligence, and regardless of legal theory, shall COPD Alliance, any of its officers, regents, executive committee members, members, related entities, employees, representatives, other agents, or anyone else involved in creating or maintaining the Services, be liable for any damages whatsoever (including, without limitation, DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST PROFITS) that result from any of the following: (i) your use or inability to use the Services and/or any other websites that are linked to the Services, (ii) your reliance on any methods, products, recommendations, instructions, ideas, or other information obtained from the Services and/or any other websites that are referenced or linked to the Services, or (iii) mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction, or unauthorized access to the Services or contamination of your computer system or information. In states that do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.
12. Indemnity
You agree to indemnify and hold harmless COPD Alliance and our respective officers, regents, executive committee members, members, related entities, employees, representatives, agents, and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto our servers, and/or from any and all use of the Services.
13. Claims of Infringement
If you believe that any content appearing on the Services infringes your intellectual property rights, we want to hear from you. Please forward the following information in writing to the Intellectual Property Agent at the address listed below:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the work that you claim has been infringed;
(c) a statement that you have a good faith belief that the disputed use has not been authorized by you, your agent, or law;
(d) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(e) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Intellectual Property Agent
Vedder Price P.C.
c/o Michael Reed
222 N. LaSalle St.
Suite 2600
Chicago, IL 60601