“User,” “you” and “your” refer to the non-expert individual or entity that creates an AAFPRS account and/or accesses the Website. “Expert” refers to the individual or entity that answers questions on the Website. “AAFPRS,” “Owner,” “we,” “us” and “our” refer to the American Academy of Facial Plastic and Reconstructive Surgery. “Posts” refer to information placed on the Website by Users or Experts to include, without limitation, questions, responses, Posts responses, chats, requests for information, profiles, signatures, images, photographs, illustrations, qualifications, comments and/or any and all other information placed on the Website by the Users or Experts “Content” includes all information, and materials displayed, linked to, or otherwise made available through the Website, including, but not limited to Posts, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code.
3. The Website
The Website is a venue for informational and educational purposes. In addition to providing informational and educational Content, the Website allows Users to ask questions and Experts to answer them. Users and Experts, not AAFPRS, provide the Posts. The Experts determine which Posts to answer, not AAFPRS, and AAFPRS does not guarantee that your Post will be selected by an Expert for response or inclusion on the Website. Experts are not employees or agents of AAFPRS and have no authority to bind AAFPRS. You acknowledge that by providing you with the ability to view and distribute User/Expert-generated Content or Posts on the Website, AAFPRS is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User/Expert-generated Content or Posts, communications or other activities made available through the Website.
4. Moderation of Posts
AAFPRS is not involved in conversations between Users and Experts, does not control Posts submitted by Users or Experts, and has no obligation to monitor Posts submitted by Users or Experts. AAFPRS is not in any manner responsible for information contained in or omitted from Posts. AAFPRS reserves the right to block, remove or modify communications, Posts, or materials that it determines, in its sole discretion, to be (a) in need of being anonymized in conformance with applicable U.S. HIPAA regulations or other applicable regulations and laws, (b) not related to the general informational purposes for which the Website is provided or which are against the law, (c) abusive, defamatory, offensive, or obscene, (d) fraudulent, deceptive, or misleading, (e) in violation of any copyright, trademark or other intellectual property right or other rights of a third party, (f) in violation of these Terms, or (g) otherwise unacceptable to AAFPRS in its sole discretion.
5. No Physician-Patient Relationship; Posts Not Private or Confidential
The presentation of Content, Posts, or response to Posts on the Website does not establish a physician-patient relationship between you (or someone else) and AAFPRS, Experts, or AAFPRS physicians. The Website is an Internet-based forum and information submitted is not private or confidential, nor is it protected by physician-patient privilege, as it may be read, collected, and used by others. You agree not to provide any information to the Website that you consider confidential. Any advice posted by the Experts on the Website will not be confidential. You waive all claims and expectations of privacy.
6. Not Medical Advice
The Content, Posts and responses to Posts provided on the Website are not to be relied upon by you, and are for informational purposes only. The Content and Posts are not intended to be professional medical advice, diagnosis, treatment or care, nor are they intended to be a substitute for medical advice, diagnosis, treatment or care. Always seek the advice of a physician or other qualified health provider properly licensed to practice medicine or general health care in your jurisdiction concerning any medical condition you believe may be relevant to you or to someone else, or any surgical or nonsurgical intervention or procedure you are considering. Never disregard professional medical advice or delay in seeking medical advice because of something you have read on the Website.
7. Medical Emergency
Do not use the Website for medical emergencies. If you have a medical emergency, call a physician, qualified health care provider or 911 (or the applicable local emergency number) immediately. Under no circumstances should you attempt self-treatment or treatment of someone else based on anything you have seen or read on the Website or any site linked to this Website.
AAFPRS does not recommend or endorse any specific tests, treatments, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by AAFPRS, AAFPRS employees, Users, Experts, or others appearing on the Website, or information linked to this Website, is solely at your own risk.
9. Exclusions of Warranties
The Website and all information accessible through it is provided “AS IS.” AAFPRS makes no representations, warranties, conditions, or covenants, express or implied, regarding same, including, without limitation, no representation, warranty, condition, or covenant that the Content or information contained in Posts or made available on or through the Website will be (a) of merchantable quality and/or fit for a particular purpose, (b) accurate, complete, current, reliable, timely or suitable for any particular purpose, (c) uninterrupted or error-free, (d) corrected if any defects or errors exist on the Website (or the Content or Posts), be it human or computer errors, (e) free from viruses or harmful components, and (f) secure and/or not intercepted.
10. Limitation of Liability; Disclaimers
In no event shall AAFPRS, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Website, or your inability to use the Website, regardless of the cause and whether arising in contract, tort, or otherwise. AAFPRS also expressly disclaims any and all liability as stated herein for the acts, omissions and conduct of Experts and/or any third-party advertisers or sponsors of the Website. The foregoing limitations shall apply even if the AAFPRS knew of or ought to have known of the possibility of such damages. Your access and use of the Website is entirely at your own risk and liability.
You agree to indemnify, defend and hold harmless AAFPRS and its physicians, officers, directors, employees, agents, partners, sponsors, advertisers, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (a) your breach of any of the terms and conditions of this Agreement, (b) your access to, use, misuse, reliance upon or inability to access or use the Website, the Content or any Website to which the Website is or may be linked to from time to time or, (c) your use of, reliance on, publication, communication, distribution, uploading or downloading of anything on or from the Website.
12. Third-Party Links
In an attempt to provide increased value to Users, the Website may link to websites or applications operated by third parties. However, even if the third party is affiliated with AAFPRS, AAFPRS has no control over these linked sites or applications, all of which have separate practices, and, as a result of which, AAFPRS shall not be responsible. These linked sites and applications are provided only for your convenience and therefore your access of them is at your own risk.
The Website is protected by copyright law and is owned by AAFPRS and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or any of its Content, whether in whole or in part, is prohibited without the express prior written consent of AAFPRS.
14. Limited License
Names, words, titles, phrases, logos, designs, graphics, icons, service marks and trademarks displayed on the Website may constitute registered or unregistered trademarks or service marks of AAFPRS or third parties. While certain trademarks or service marks of third parties may be used by AAFPRS under license, the display of third-party trademarks or service marks on the Website should not be taken to imply any relationship or license between AAFPRS and the owner of the trademark or to imply that AAFPRS endorses the products, services, procedures, business, or other information of the owner of the said trademark or service mark.
16. User Posts and Submissions
You agree not to intentionally interfere with or disrupt the Website or the use by others of the Website, impersonate another person or entity, distribute viruses or other harmful codes, or collect and/or distribute information about others. You agree not to disparage or defame anyone and not to identify any physician by name or address.
By submitting Posts to any part the Website, you agree that same is non-confidential for all purposes. If you make any such Post, you automatically grant, or warrant that the owner of such content has expressly granted AAFPRS a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form, format, or forum now known or hereafter developed, and further agree that AAFPRS is not obligated to and will not compensate you for the Post or information contained therein. AAFPRS may sublicense its rights through multiple tiers of sublicenses.
AAFPRS reserves the right at all times to disclose any information necessary to satisfy any law, regulation or governmental or law enforcement request, or to edit, refuse to post or to remove any Posts, in whole or in part, that, in AAFPRS’s sole discretion, are objectionable or in violation of this Agreement.
In addition, because all information disclosed through the Website may thereby become known to other users of the Website, you should exercise caution when sharing any of your personal information. We have no control over, and do not assume responsibility for, the Posts made to the Website and cannot ensure that Posts will not be offensive or objectionable to you.
17. Termination of Use of the Website
You acknowledge that you alone are responsible for the information contained in your Posts and the consequences thereof, and that AAFPRS, in its sole discretion, can cancel or terminate your use of the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to Content downloaded from the Website and the disclaimers and limitations of liability set forth in this Agreement, shall survive termination of this Agreement. AAFPRS shall not be liable to any party for such termination.
18. Modification of Website
AAFPRS reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. AAFPRS shall have no liability to you or any third party for any modification, suspension or discontinuance of the Website or any part thereof.
19. Children’s Privacy
AAFPRS conforms to the Children’s Online Privacy Protection Act [COPPA]. We will never knowingly request personally identifiable information from anyone under the age of 13 without parental consent. When we do receive information (with parental consent) from users under the age of 13, we will never voluntarily share their personally identifiable information with third parties, regardless of their stated preference given at registration.
The invalidity or unenforceability of any provision, as determined by a court of competent jurisdiction, of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
AAFPRS’s failure to exercise or enforce any of this Agreement shall not constitute a waiver of AAFPRS’s right to exercise or enforce the Agreement as to the same or another instance.
You expressly agree that exclusive jurisdiction for any dispute with AAFPRS, or in any way relating to your use of the Website, resides in the courts of the State of Georgia, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving AAFPRS or its affiliates, subsidiaries, physicians, employees, contractors, officers, directors, telecommunication providers, and content providers. This Agreement is governed by the laws of the State of Georgia, without respect to its conflict of laws principles.
23. Complete Agreement