AONE Privacy Policy and Terms of Use
Privacy Policy
This Privacy Policy describes the practices of the American Hospital Association, its subsidiaries and affiliates (referred to as a group as “AHA”) regarding the collection and use of information from visitors to our websites and users of our other Internet services. By visiting an AHA website, you are accepting the practices described in this Privacy Policy.
1. Information We Collect and How We Use It
AHA collects information from several sources. Our Web server automatically collects the domain name and Internet Protocol (“IP”) address for each visitor to our websites. We collect information about the usage of our websites. In addition, we may request or require you to provide personally identifiable information and/or create an account in order to access certain services or engage in certain activities on a website. The information collected depends on how you choose to use our services and our websites, as detailed below.
a. Commonly Accepted Practices
Information collected may be used for commonly accepted practices, including:
1. Product service fulfillment, such as the use of addresses for shipping and credit card information for payment;
2. Sending electronic publications to online subscribers;
3. Administration of our websites and monitoring usage of our websites;
4. Internal operations, such as the use of identity-verification technologies, and the review of server logs;
5. Legal compliance and public purposes, such as subpoena compliance and credit reporting; and
6. Marketing of products and services to you by AHA, such as the recommendation of products or the delivery of coupons based upon prior purchases.
b. Information Collected to Create an Account
There are times when AHA may request or require you to create an account with us in order to obtain certain services. In such cases we may collect user name or ID and password information from you. We use this information to verify users' identities in order to prevent unauthorized access to users' personal information. AHA allows account holders to elect to have the website remember their login information between visits so they do not have to log in each time. This is done by checking a box labeled "remember me" on the login page. This feature requires the placement of a small text file called a cookie (see next section) on the user’s hard drive. The cookie tells the site that the user has logged in before.
c. Cookies
Several portions of the AHA websites use cookies. Cookies are small data files that are transferred to your computer through your Web browser. Cookies are used by most websites. We may use cookies, clear gifs, and log file information to: (i) store information so that you will not have to re-enter it during subsequent visits; (ii) provide personalized content; (iii) monitor effectiveness of marketing campaigns; (iv) record site analytics such as total number of visitors, pages viewed, etc.; and (v) track your entries, submissions and communications. Certain features of our website require cookies in order to function properly.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Some AHA website features and services may not function properly if you set your browser to refuse cookies.
d. Email Addresses and Mailing Lists
AHA collects and uses the email addresses and mailing addresses of its members (see Section 2. Members’ Information, below) for purposes of providing membership benefits and services to members. In addition, AHA collects email and mailing addresses in connection with registration for and attendance at conferences, webinars and other events, subscriptions for publications, the purchase of products and services, and in other circumstances. We may use your e-mail address or other personally identifiable information to send commercial or marketing messages to you regarding AHA’s products or services. In addition, we may also use your name, mailing address, e-mail address, or other personally identifiable information (i) to send commercial or marketing messages on behalf of our affiliated organizations or on behalf of unrelated third parties, and/or (ii) in a mailing list sold to third parties for the marketing of their products and services. For example, we may share contact information you provide when you register for a conference or webinar with conference exhibitors or webinar sponsors so that they may send you commercial messages. You may opt-out of any or all of such disclosures as provided below.
e. Surveys
Our online surveys may ask respondents for contact, demographic and other personally identifiable information. The ways in which such information may be used or disclosed will be described in the survey materials. We also may use contact information from our surveys to send the user information about products and services of AHA, our affiliated organizations and/or unrelated third parties.
f. Information from Other Sources
The information we collect is gathered from several sources. Such sources may include, but are not limited to: membership enrollment; conference, webinar, distance learning and other event registration; website visits; newsletter and magazine subscriptions; and product sales. We may combine the information you submit when using one of our services with information (i) collected from your use of other AHA services, (ii) collected by AHA affiliated organizations, or (iii) obtained from third parties. For certain services, we may give you the opportunity to opt out of combining such information.
2. Members’ Information
The AHA and its affiliated organizations offer individuals and institutions the opportunity to become members of the AHA and its affiliates. As part of membership enrollment, we may require or ask you for personal or organizational information. We will create a member profile for you using such information and other information collected as described in this Privacy Policy. We may share the information in the member profile created with respect to membership in one AHA organization with other AHA affiliated organizations. The information you submit as part of your membership may also be used to compile a member directory or a list of persons registered to attend an event (either hardcopy or electronic). Such directories and lists may be shared with other members within a group, other registrants or third parties for marketing of their products and services. Upon termination or expiration of a membership, the information you submitted may be retained by the membership group and the AHA for an indefinite period of time for record keeping or marketing purposes.
3. Third Party Advertisers and Links
This Privacy Policy applies to AHA websites only. We may allow third party ad servers or ad networks to serve advertisements within AHA’s websites. These third party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the website. They automatically receive your IP address when this happens. They may use other technologies such as cookies, scripting language or clear gifs to measure the effectiveness of their advertisements and to personalize the advertising content you see.
AHA does not provide any personally identifiable information to these third party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. You should consult the respective privacy policies of these third party ad servers and ad networks for more information on their practices and for instructions on how to opt-out of certain practices.
AHA’s websites and publications contain many links to other websites. In addition, AHA and its affiliates may maintain a presence on third-party sites such as Facebook® or Linked-In®. These other websites may send their own cookies to users, collect data or solicit personal information. AHA is not responsible for the privacy practices or the content of these other websites. Please check with the other sites to review their privacy policies and how they may collect or use information.
4. Information Sharing
In addition to the information sharing described elsewhere in this Privacy Policy, the AHA shares personal information with AHA affiliated organizations and other trusted businesses or persons to perform functions on our behalf. These third parties have access to personal information needed to perform their functions, but may not use it for other purposes.
In the unlikely event that AHA or one of its affiliated organizations is acquired, or substantially all of the assets of AHA or one of its affiliated organizations are acquired, by a third party either in a sale, bankruptcy court proceeding or otherwise it is possible that personal information of website users and customers would be one of the assets transferred. In such an event, AHA would take reasonable steps to require the third party to maintain our privacy policies and practices.
5. Information Security
Please understand that no one can give an absolute assurance that information intended to be maintained as private, whether transmitted via the Internet or otherwise, cannot be accessed inappropriately or unlawfully by third parties. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a computer. We have taken and will continue to take reasonable steps to ensure the secure and safe transmission of your personal information.
6. Children’s Privacy
The AHA website is not intended for children under eighteen (18) years of age. AHA does not knowingly solicit or collect personal information from or about any such children, and AHA does not knowingly market its products or services to any such children. If AHA becomes aware that it has inadvertently received personal information from a User under the age of eighteen (18), it will delete such personal information from its records.
7. Changes to Our Privacy Policy
AHA MAY MODIFY THIS PRIVACY POLICY AT ANY TIME, AND ANY CHANGE WILL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED PRIVACY POLICY. YOU AGREE TO REVIEW THE PRIVACY POLICY PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE PRIVACY POLICY, AS MODIFIED.
IF FOR ANY REASON AHA WOULD LIKE TO USE THE INFORMATION YOU HAVE SUBMITTED FOR SUBSTANTIALLY DIFFERENT PURPOSES OTHER THAN THOSE OUTLINED AT THE TIME YOU ORIGINALLY SUBMITTED YOUR INFORMATION, AHA WILL AFFIRMATIVELY REQUEST PERMISSION FROM YOU TO USE SUCH DATA FOR THOSE SUBSTANTIALLY DIFFERENT PURPOSES.
We will keep prior versions of the Privacy Policy in an archive for your review.
8. Accessing and Updating Personal Information
At your request, we will make a reasonable, good faith effort to provide you with access to your personal information, to correct data if it is inaccurate or to delete such data at your request, if it is not otherwise required to be retained by law or for legitimate business purposes.
When making a request, individual users are asked to identify themselves and the information requested to be accessed, corrected or removed. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical, or for which access is not otherwise required. Correcting or removing data is done free of charge to the user unless doing so requires a disproportionate effort. After deleting your information from active servers, copies may remain in our backup system.
9. Contact Information and Opt-Out Requests
We welcome your comments, suggestions, and questions about our Privacy Policy and privacy practices. If you feel that AHA is not following this Privacy Policy, please contact us as follows.
Contact Information:
By email at ip@aha.org
By phone at 312-¬¬¬422-3000
By mail at: American Hospital Association
Legal Department – Corporate Affairs
155 N. Wacker Dr., Suite 400
Chicago, IL 60606
We also welcome users' requests not to receive certain forms of communication from AHA and third parties and not to have certain information shared with nonaffiliated third parties. If you prefer that we not disclose your personally identifiable information to nonaffiliated third parties, you may request us not to make those disclosures (except as required by law) by contacting us as described above. If you elect to opt out of certain disclosures, we may not be able to offer you certain services and products. Please note that personally identifiable information does not include publicly available information that is lawfully made available to the general public from federal, state or local government records, widely distributed media or disclosures to the general public required by law.
10 . LISTSERV® Email Lists and Social Media Sites
AHA may offer opportunities to its members and others to share information and participate in social networking on AHA websites or AHA may participate in social media sites maintained by others. Please consult the Social Media Policy applicable to the particular website before participating in any social networking or content sharing activity.
11. Terms of Use
If you choose to visit one of AHA’s websites, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use (below), including limitations on damages, resolution of disputes and application of the law of the State of Illinois.
Terms of Use
The American Hospital Association, its subsidiaries and affiliates (referred to as a group as “AHA”) operate various websites, including, without limitation, AHA.org.
-
The term “Site” is used in these Terms of Use (the “Terms”) to refer to all websites and web pages operated by AHA and all Content (defined below) and functionality available through these websites and web pages.
-
The term “Content” is used in the Terms to refer to all content on the Site, including without limitation data, designs, text, files, graphics, pictures, video, information, applications, software, and other materials, and their selection and arrangement.
-
The term “Services” is used in the Terms to refer to the Site and all AHA products, software and services provided on or through the Site.
-
The term “User” is used in the Terms to include any party visiting or viewing the Site or the Content; sending or supplying information to the Site or AHA; or uploading, publishing or displaying information on or through the Site.
By using the Services or visiting the Site, you, a User, acknowledge and agree that you have read, understand and agree to be bound by the terms and conditions set forth in these Terms.
THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AHA. PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
IN THE EVENT A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND AHA GOVERNS YOUR USE OF ANY CONTENT OR SERVICES, TO THE EXTENT THE TERMS AND CONDITIONS OF THAT AGREEMENT CONFLICT WITH THESE TERMS, THE TERMS OF THAT AGREEMENT SHALL CONTROL.
BEFORE YOU CONTINUE, YOU SHOULD PRINT OR SAVE A LOCAL COPY OF THESE TERMS FOR YOUR RECORDS.
1. Who Provides the Services
The American Hospital Association is affiliated with other legal entities. These entities may provide Services on behalf of one another or on behalf of the American Hospital Association. You acknowledge and agree that affiliates or other third-parties will be entitled to provide Services to you, in addition to the particular AHA entity with whom you contract or interact.
2. Your Use of Services
You agree to use the Services only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other countries). You agree not to access or attempt to access any Services by any means other than through the interface as provided by AHA, unless specifically allowed to do so in a separate written agreement with AHA. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services. You agree not to reproduce, duplicate, copy, sell, trade or resell the Services, unless otherwise agreed to in a separate written agreement with AHA. You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences, including any loss or damage that AHA may suffer, of any such breach.
3. Code of Conduct
You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Services and that you will not interfere with the use and enjoyment of the Services by other users or with AHA’s management and operation of the Service. Prohibited conduct includes, but is not limited to, the following:
a. You will not send or otherwise post unauthorized commercial communications on the Site.
b. You will not collect Users' Content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
c. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site.
d. You will not upload viruses or other malicious code.
e. You will not solicit login information or access an account belonging to someone else.
f. You will not do anything that could disable, overburden, or impair the proper working of the Site.
g. You will not facilitate or encourage any violations of the Terms.
h. You will not post content or take any action on the Site that infringes or violates someone else's rights or otherwise violates the law.
i. You will not post anyone's identification documents or sensitive financial information on the Site.
j. You will not tag Users.
k. You will not send email invitations or otherwise market or promote the Services or the Site to non-Users without AHA’s consent.
4. Access to Certain Services
In order to access certain Services, you may be required to provide personal information (such as identification or contact details) as part of a registration process. You agree that any registration information you give to AHA will always be correct and current. You agree not to register for any User account or use the Services on behalf of any party other than yourself unless you have the legal authority to act as an agent on behalf of another individual or entity.
You acknowledge you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You agree that you will be solely responsible to AHA for all activities that occur under your account. You agree to immediately notify AHA of any unauthorized use of your password or account.
5. Privacy and Personal Information
The AHA’s Privacy Policy is incorporated into the Terms by reference. By accessing the Site and the other Services, you acknowledge that you have read and agree to AHA’s Privacy Policy, including the use of your information in accordance with AHA’s Privacy Policy.
6. Changes in Services; Denial of Access
The form and nature of the Services which AHA provides may change from time to time without prior notice to you.
AHA may stop providing the Services (or any features within the Services) to you or to Users generally, including by denying access to your account, at AHA’s sole discretion, without prior notice.
If AHA disables access to your account, you may be prevented from accessing your account details or any files or other Content which is contained in your account or accessible through your account. AHA, at its sole discretion, may set fixed upper limits on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service.
7. Content in the Services
You understand that all Content is the proprietary property of AHA, its users or its licensors with all rights reserved. You understand that Content presented to you as part of the Services, including but not limited to Content submitted by third-parties and advertisers, as well as User-posted Content, may be protected by intellectual property rights owned by AHA, third-party individuals or other legal entities. You are not allowed to modify, copy, distribute, frame, reproduce, republish, create derivatives based upon, download, display, post, transmit, link, sell, rent, lease, loan or trade any Content, in whole or in part, without written permission from AHA or the rightful Intellectual Property owner, except the foregoing does not apply to your Content that you legally post on the Site. Subject to your compliance with the Terms, you may access and use the Site and the Content and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
AHA reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service, and, in its sole discretion, restrict suspend, or terminate your access and use of the Services, Site and the Content at any time without notice.
8. Proprietary Rights
You acknowledge and agree that AHA, or its licensors, own all legal right, title and interest in and to the Services, including the Content and any intellectual property rights which subsist in the Services, whether registered or not. You acknowledge that the Services may contain information which is designated confidential by AHA and that you shall not disclose such information without AHA’s prior written consent. Nothing in the Terms gives you a right to use any of AHA’s tradenames, trademarks, service marks, logos, domain names and other distinctive brand features. If you have been granted an explicit right to use AHA’s intellectual property in a separate written agreement, you agree that such use shall be in compliance with that agreement and you are responsible for protecting and enforcing those rights. You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within the Services. You agree that in using the Services, you will not use any trademark, servicemark, tradename, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. Content License from the User
You retain copyright and any other rights you already hold in any Content which you submit, post or display on or through the Services. By submitting, posting or displaying the Content you give AHA a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly display and distribute any Content which you submit, post or display on or through the Services. You agree that this license includes a right for AHA to transfer, sublicense, or otherwise make such Content available to other companies, organizations or individuals with whom AHA has relationships.
You understand that AHA, in performing the required technical steps to provide the Services to its Users, may (i) transmit or distribute your Content over various public networks and in various media; and (ii) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit AHA to take these actions. You confirm and warrant to AHA that you have all the rights, power and authority necessary to grant the above license.
10. Website or Software Updates
The Site or software utilized may require automated downloads or install updates from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules or completely new versions. You agree to receive such updates and permit AHA to deliver them to you as part of your use of the Services.
11. Exclusion of Warranties; Disclaimers
AHA DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AHA FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE AND ITS CONTENTS AND DOES NOT ENDORSE ANY USER CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AHA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF ANY USER CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCES TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, INCLUDING, BUT NOT LIMITED TO, ADVICE OR INFORMATION REGARDING PROFESSIONAL PRACTICES, STANDARDS OR GUIDELINES, VIA ANY METHOD OF COMMUNICATION, OBTAINED BY YOU FROM AHA SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. AHA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AHA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Services may include hyperlinks to other websites or content or resources. AHA may have no control over any websites or resources which are provided by companies or persons other than AHA. You acknowledge and agree that AHA is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that AHA is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
12. Limitation of Liability
Under no circumstances will AHA or its affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of the Terms or your use of the Site. YOU SPECIFICALLY ACKNOWLEDGE THAT AHA SHALL NOT BE LIABLE FOR USER CONTENT, CONTENT PRODUCED BY THIRD PARTIES AND DISPLAYED ON OR THROUGH THE SERVICES, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13. Indemnity
You agree to defend, indemnify, and hold harmless AHA, its members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (A) your use of and access to the Site; (B) your violation of any provision of the Terms; (C)your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (D) any claim that your Content caused damage to a third party. This section 13 shall indefinitely survive the termination of the Terms and your use of the Site.
14. Digital Millennium Copyright Act
For information regarding making a claim under the Digital Millennium Copyright Act, please contact aone@aha.org.
15. No Data Storage/Shared Server
The Site is not a tool for storing or preserving User Content. AHA expressly disclaims any liability for lost or deleted Site Content or User Content. You shall not rely on AHA for preservation of any Site Content or User Content, and shall maintain all Site Content or User Content in a separate manner. All Site Content and User Content is posted on a shared server. You acknowledge that there is no assurance that Site Content or User Content will be kept confidential and there is no assurance that Site Content or User Content will not be lost or deleted.
16. Advertisement
Services provided by AHA may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to Content, queries made through the Services or other information. The manner, mode and extent of advertising on the Services are subject to change without specific notice to you. In consideration for AHA granting you access to and use of the Services, you agree that AHA may place such advertising on the Services. In addition, you acknowledge that display of an advertisement or promotion on the Services does not reflect approval or endorsement of the advertiser of any of its products or services by AHA.
17. Changes to these Terms
AHA may make changes to the Terms from time to time. When these changes are made, AHA will make a copy of the existing Terms available at [LINK] and any new Terms will be made available to you from within, or through, the Services. You understand and agree that if you use the Services after the date as of which the Terms have changed, AHA will treat your use as acceptance of the updated Terms.
18. Miscellaneous
Failure by AHA to enforce any provision(s) of the Terms shall not be construed as a waiver of any provision or right. The Terms, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. All claims and disputes arising out of the Terms, the Privacy Policy, or use of the Site, other than an action for specific performance or injunctive relief brought by AHA, shall be exclusively brought in the federal, state or local courts located in Chicago, Illinois; and with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of the Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The User may not assign, transfer, or otherwise convey any rights granted hereunder; provided that, AHA may assign any of the foregoing without notice or prior written consent. The Terms shall inure to the benefit of AHA, its successors and assignees. The Terms, the Privacy Policy, and any other legal notices published by AHA on the Site, shall constitute the entire agreement between you and AHA regarding use of the Site.
19. Contact Information
If you have any questions or comments about these Terms, please send an email to ip@aha.org.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Notice of Infringement
If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) by providing our copyright agent (see below), with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent
AHA’s designated copyright agent to receive notification of claimed infringement is the AHA Legal Department – Corporate Affairs (the “Copyright Agent”). The Copyright Agent can be reached as follows:
American Hospital Association
Legal Department – Corporate Affairs
155 N. Wacker Drive, Suite 400
Chicago, IL 60606
Phone: 312-422-3000
Email: ip@aha.org
For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to membrel@aha.org. You acknowledge that if you fail to comply with all of the foregoing requirements, your DMCA notice may not be valid.
Counter Notification
In the event the AHA removes User Content from a Site (or access to the User Content is disabled) and you believe that such User Content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content, you may send a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.
To file a counter notification with us, you must provide:
1. Your physical or electronic signature;
2. Identification of the User Content that has been removed or to which access has been disabled (identify the specific URLs at which the User Content appeared before it was removed or access to it was disabled and/or provide other unique identifying information).
3. Your name, address, telephone number, and, if available, an email address, and a statement that you consent to the jurisdiction of federal court in Chicago, Illinois, and that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notice is received by the Copyright Agent, the AHA may send a copy of the counter notice to the original complaining party informing that person that AHA may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the alleged infringer, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter notice, at the AHA’s sole discretion.
