Terms of Service
Terms and Conditions
Agreement between user and physician.academy
Welcome to physician.academy. The physician.academy website (the "Site") is comprised of
various web pages operated by Academy for the Advancement of Medical Education ("AAME").
physician.academy is offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein (the "Terms"). Your use of physician.academy
constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy
of them for your reference.
physician.academy is a Non-profit Site
Physician.Academy serves to provide physicians across the United States with an online, free of
charge, medical information library where they can learn all up to date medical procedures,
treatments, research, etc. for their specific field of medicine. We do this by providing a series of
video lectures made by other contributing physicians. We offer the opportunity for any physician
registered to our website to contribute their knowledge towards the video lectures to help expand
Policy, which also governs the Site and informs users of our data collection practices.
Visiting physician.academy or sending emails to AAME constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that AAME is not responsible for
third party access to your account that results from theft or misappropriation of your account.
AAME and its associates reserve the right to refuse or cancel service, terminate accounts, or
remove or edit content in our sole discretion.
AAME does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use physician.academy only with
permission of a parent or guardian.
Links to third party sites/Third party services
physician.academy may contain links to other websites ("Linked Sites"). The Linked Sites are not
under the control of AAME and AAME is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. AAME is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by AAME of the site or any association with its operators.
Certain services made available via physician.academy are delivered by third party sites and
organizations. By using any product, service or functionality originating from the physician.academy
domain, you hereby acknowledge and consent that AAME may share such information and data
with any third party with whom AAME has a contractual relationship to provide the requested
product, service or functionality on behalf of physician.academy users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
Site, you warrant to AAME that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of AAME or its suppliers
and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
AAME content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of AAME and the copyright owner. You agree that you do not acquire any ownership
rights in any protected content. We do not grant you any licenses, express or implied, to the
intellectual property of AAME or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded, restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
AAME has no obligation to monitor the Communication Services. However, AAME reserves the
right to review materials posted to a Communication Service and to remove any materials in its
sole discretion. AAME reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
AAME reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in AAME's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. AAME does not control or endorse the content, messages
or information found in any Communication Service and, therefore, AAME specifically disclaims
any liability with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized AAME
spokespersons, and their views do not necessarily reflect those of AAME.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials provided to physician.academy or posted on any AAME web page
AAME does not claim ownership of the materials you provide to physician.academy (including
feedback and suggestions) or post, upload, input or submit to any AAME Site or our associated
services (collectively "Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting AAME, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
AAME is under no obligation to post or use any Submission you may provide and may remove
any Submission at any time in AAME's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
Third Party Accounts
You will be able to connect your AAME account to third party accounts. By connecting your
AAME account to your third party account, you acknowledge and agree that you are consenting
to the continuous release of information about you to others (in accordance with your privacy
settings on those third party sites). If you do not want information about you to be shared in this
manner, do not use this feature.
The Service is controlled, operated and administered by AAME from our offices within the USA.
If you access the Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the AAME Content accessed through
physician.academy in any country or in any manner prohibited by any applicable laws, restrictions
You agree to indemnify, defend and hold harmless AAME, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. AAME
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. ACADEMY FOR THE ADVANCEMENT OF MEDICAL
EDUCATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE SITE AT ANY TIME.
ACADEMY FOR THE ADVANCEMENT OF MEDICAL EDUCATION AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACADEMY FOR THE
ADVANCEMENT OF MEDICAL EDUCATION AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL ACADEMY FOR THE ADVANCEMENT OF MEDICAL EDUCATION AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACADEMY FOR THE
ADVANCEMENT OF MEDICAL EDUCATION OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
AAME reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the State of California and you hereby consent to
the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to
the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and AAME as a result of this agreement or use of the Site. AAME's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of AAME's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Site or information provided to or gathered by AAME
with respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and AAME with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and AAME
with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Changes to Terms
AAME reserves the right, in its sole discretion, to change the Terms under which
physician.academy is offered. The most current version of the Terms will supersede all previous
versions. AAME encourages you to periodically review the Terms to stay informed of our
AAME welcomes your questions or comments regarding the Terms. Please contact us here.
Effective as of October 11, 2016
This is a RocketLawyer.com document.