ASSOCIATION FOR PROFESSIONALS IN INFECTION CONTROL AND EPIDEMIOLOGY, INC. (“APIC”)
ACCEPTABLE USE OF THE APIC SITE
Actual or attempted unauthorized use of the APIC Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. APIC reserves the right to view, monitor, and record activity on the APIC Site without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the APIC Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the APIC Site as well as to disclosures required by or under applicable law or related government agency actions. APIC will also comply with all court orders involving requests for such information. In addition to the foregoing, APIC reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the APIC Site, or any portion of the APIC Site, in order to protect the APIC Site, APIC, or APIC’s business.
Unless otherwise noted, the APIC Site is Copyright © 2014 Association for Professionals in Infection Control and Epidemiology, Inc. All rights reserved. APIC also owns copyright in the contents of the APIC Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the APIC Site. Any downloadable or printable programs, directories, databases, information, or materials available through the APIC Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by APIC. ASSOCIATION FOR PROFESSIONALS IN INFECTION CONTROL AND EPIDEMIOLOGY, INC., and all other names, logos, and icons identifying APIC and its programs, products, and services are proprietary trademarks of APIC, and any use of such marks, including, without limitation, as domain names, without the express written permission of APIC is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
By providing information, materials, or other proprietary materials (collectively, “User Content”) to APIC for posting on the APIC Site or by transmitting or directly posting any User Content to the APIC Site, you represent and warrant that you own the copyright with respect to such User Content, that you have received permission from the copyright owner, and/or that the User Content is in the public domain and that posting the User Content to the APIC Site constitutes a fair use exception to the User Content’s copyright protection. You further warrant and represent that you otherwise have the full and unencumbered right to post such User Content and that such posting will not infringe any rights or interests of others. You hereby grant to APIC and its successors and assigns a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to (i) use, reproduce, distribute, create derivative works of, display, and broadcast that User Content; (ii) authorize specified third parties to use, reproduce, distribute, download, create derivative works of and print such User Content for their own internal business purposes; and (iii) otherwise use such User Content in any manner consistent with the Site Policies. You agree that APIC shall be free to use any ideas, concepts or techniques contained in the User Content for any and all commercial or non-commercial purposes including, but not limited to, developing, manufacturing and marketing products incorporating such ideas, concepts or techniques.
You agree not to post any User Content or other material protected by copyright without the permission of the copyright owner. You further agree not to use any words, logos or other marks that would infringe upon the trademark, service mark, certification mark, or other intellectual property rights of the owners of such marks without the permission of such owners. You agree not to post any confidential information or any information that would infringe upon the proprietary, privacy or personal rights of others.
CONTENT ON APIC SITE
Information contained on the APIC Site may be supplied by APIC or third parties and users of the site. Any opinions, advice, statements, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of APIC. In many instances, the content available through the APIC Site represents the opinions and judgments of the respective information provider or user. APIC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the APIC Site by anyone other than authorized APIC spokespersons acting in their official capacities.
The materials and information provided by APIC on the APIC Site, is provided as a service to those seeking information about infection prevention and health care from APIC and the internet community, and does not constitute professional advice. APIC presents the APIC Site with a good-faith representation that the information it contains which is provided by APIC is generally reliable. However, in spite of APIC’s efforts, the information in the APIC Site may become out of date over time, and may contain inaccuracies, technical inaccuracies and/or typographical errors, and the information may be changed periodically. Accordingly, APIC makes no claims, promises or guarantees regarding the accuracy, completeness and adequacy of any information contained in the APIC Site. The APIC Site and all information and materials contained thereon are provided to you on an “AS IS” basis.
THE APIC SITE IS NOT DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL ADVICE. All content and information provided in the APIC Site (the “APIC Site Information”) is for general informational purposes only. The APIC Site is not intended to be a substitute for professional medical advice, diagnosis or treatment. The APIC Site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THE APIC SITE. NEVER RELY ON INFORMATION ON THE APIC SITE IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE.
APIC advises visitors to the APIC Site to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you read on the APIC Site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please dial 911 or call for emergency medical help on the nearest telephone.
CONTENT SUBMISSION/ USE OF INFORMATION
You agree that you are solely responsible for the accuracy and content of any information or materials that you upload, post, transmit, or otherwise make available on the APIC Site, and you further agree not to upload, post, transmit or otherwise make available any information or material that infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, invasive of another’s privacy, obscene, illegal, or is otherwise reasonably likely to be perceived as objectionable and/or offensive by another user of the APIC Site.
APIC does not accept unsolicited ideas for marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to APIC, you agree that the idea becomes and remains the sole and exclusive property of APIC without further liability or compensation to you. By submitting such idea, you warrant that APIC may publish such information, use it as part of its operations, and use its concepts without liability or compensation to you.
If you respond to APIC with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of APIC, and your submission of information shall constitute an assignment to APIC of all worldwide rights, titles, and interests in such information. APIC will not be liable for any use or disclosure of such information. APIC will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. APIC will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever.
THIRD PARTY SITES, PRODUCTS AND SERVICES; LINKS
For the convenience of visitors to the APIC Site, the APIC Site may include links or references to other external websites or services (“Reference Sites”). Links to Reference Sites may lead to resources located on servers maintained by third parties over whom APIC has no control. APIC is not responsible for third-party content or the consequences of your use of the Reference Sites. APIC does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. While APIC attempts to provide links only to third-party websites that comply with all applicable laws and regulations and APIC standards, please understand that the content on these third-party websites is subject to change without notice. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk, and APIC therefore cannot be responsible for, and accepts no liability for, any information or opinion contained in any third-party website. APIC makes no warranties, express, statutory or implied, with respect to the Reference Sites. You acknowledge and agree that APIC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Sites.
APIC reserves the right to terminate links to Reference Sites at any time. APIC does not author, edit, or monitor these links. You acknowledge and agree that APIC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such Reference Site. If you decide to access any of the Reference Sites, you do this entirely at your own risk.
APIC claims no ownership in, nor any affiliation with, any third-party trademarks appearing in the APIC Site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of APIC should be inferred from the use of these marks.
APIC does not recommend or endorse any specific tests, products, procedures, opinions, physicians, clinics, or other information that may be mentioned or referenced on the APIC Site. Any advertisers who purchase banner advertising which appears on the APIC Site, or otherwise sponsor or support APIC and the APIC Site have no influence or control regarding the editorial content or presentation of the advertising or the materials included on the APIC Site, and the posting of advertisements is not to be taken as an implied or express endorsement of any products or services of the advertisers.
You represent and warrant that you will (i) comply with all applicable laws and regulations regarding your use of the APIC Site and the APIC Site Information, (ii) not retransmit, publicly display, sell or use the APIC Site Information other than solely for your internal business purposes, (iii) not alter or remove any of the APIC Site Information or any proprietary notice or legend on the APIC Site, (iv) not post or transmit through the APIC Site any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, (v) not post or transmit through the APIC Site any material which contains advertising or any solicitation with respect to products or services without APIC’s express prior written approval, (vi) not to use the APIC Site to advertise or perform any commercial solicitation, or to solicit or conduct business, including the direct or indirect marketing of users’ products or services in any manner, and (vii) not to utilize the APIC Site in any manner that violates federal or state antitrust laws or other laws prohibiting anticompetitive practices, including posting information regarding specific prices or fees charged. Any conduct by you that in APIC’s discretion violates these warranties, or otherwise restricts or inhibits any other user from using or enjoying the APIC Site will not be permitted.
MONITORING OF SITE
While it may monitor, remove or delete transmissions to the APIC Site, APIC is under no obligation to monitor, remove or delete any APIC Site Information. APIC exercises no editorial review and assumes no responsibility for misleading, fraudulent, defamatory, libelous, threatening, harassing, pornographic, obscene or illegal content supplied to the APIC Site by APIC Site visitors or third parties; provided, however, that APIC may take any action with respect to any content that APIC deems in its sole discretion is necessary or appropriate, including the deletion of any such content. You agree to promptly report any suspicious or unauthorized use of the APIC Site to APIC. APIC reserves the right to monitor any and all activity on the APIC site and APIC may notify the proper law enforcement officials if any suspicious activity is detected.
If you believe that your copyright in any material has been infringed by APIC or otherwise on the APIC Site, please provide our Agent for Notice, set forth below, with all of the following information (i) a description of the copyrighted work you claim has been infringed, (ii) a description of the material that you claim is infringing, identified with sufficient detail for APIC to locate it on the site, (iii) your address, telephone number and e-mail address, (iv) a statement by you that you have a good faith belief that the disputed use is not authorized, (v) a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf and (vi) a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest. Contact information for our Agent for Notice is as follows:
Copyright Agent for Notice
Association for Professionals in Infection Control and Epidemiology, Inc.
1275 K Street, NW, Suite 1000
Washington, DC 20005-4006
DISCLAIMER OF WARRANTIES
YOUR USE OF THE APIC SITE OR ANY OF THE APIC SITE INFORMATION IS AT YOUR OWN RISK. THE APIC SITE AND THE APIC SITE INFORMATION ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” THAT MEANS THAT THE APIC SITE INFORMATION IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THE APIC SITE IS VOLUNTARY. APIC WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. APIC IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THE APIC SITE OR FROM YOUR PHYSICIAN WHO MAY ACCESS INFORMATION OR SERVICES THROUGH THE APIC SITE.
APIC HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APIC SITE AND THE APIC SITE INFORMATION, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. APIC HEREBY FURTHER DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY CLAIMS RELATING TO ALLEGATIONS OF PERSONAL INJURY, WRONGFUL DEATH, AND ANY WARRANTIES OF COMPLETENESS, ACCURACY, RELIABILITY, QUALITY, TIMELINESS, AND UNINTERRUPTED USE.
APIC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE APIC SITE INFORMATION, INCLUDING ANY OF THE PRODUCTS OR SERVICES SOLD OR ADVERTISED ON THE APIC SITE.
YOU HAVE THE SOLE RESPONSIBILITY FOR VERIFYING THE COMPLETENESS, ACCURACY, RELIABILITY, QUALITY AND TIMELINESS OF ALL INFORMATION AND SERVICES MADE AVAILABLE ON THE APIC SITE. APIC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE INFORMATION, SERVICES OR MATERIALS MADE AVAILABLE BY ITS BUSINESS ASSOCIATES OR ITS CUSTOMERS. APIC MAKES NO REPRESENTATION OR WARRANTY THAT USING THE APIC SITE, ANY OF THE SERVICES OR THE APIC SITE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE. APIC IS NOT RESPONSIBLE FOR THE CONTENT OF REFERENCE SITES. LINKING TO OTHER WEB SITES FROM THE APIC SITE IS AT YOUR OWN RISK.
LIMITATION AND RELEASE OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, APIC HEREBY DISCLAIMS, AND IN NO EVENT SHALL APIC OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THE APIC SITE BE LIABLE FOR, ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF THE APIC SITE OR ANY OF THE APIC SITE INFORMATION, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF APIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, APIC SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APIC SITE, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR ELECTRONIC DATA.
YOU HEREBY IRREVOCABLY RELEASE AND DISCHARGE APIC FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, LOSS, LIABILITY OR EXPENSE THAT YOU MAY SUFFER OR INCUR AS A RESULT OF OR ARISING FROM YOUR USE OF THE APIC SITE OR THE APIC SITE INFORMATION. AS ANY ALLEGATION OF DAMAGES WOULD BE DIFFICULT IF NOT IMPOSSIBLE TO DETERMINE YOU AGREE THAT THE TOTAL LIABILITY OF APIC FOR ACTUAL DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO APIC DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH ALLEGATIONS OF LIABILITY, OR IF NO AMOUNTS HAVE BEEN PAID BY YOU, ONE HUNDRED DOLLARS ($100). ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE APIC SITE OR ANY APIC SITE INFORMATION MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.
APIC makes no claims that the APIC Site Information is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the APIC Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The foregoing provisions are for the benefit of APIC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.