Terms and Conditions for ACA Web Site

 

The following Terms and Conditions, the Privacy Policy and all other stated rules govern the use by you of www.acatoday.org and any other Web sites we may launch from time to time (collectively the "Web Site"). Your use of the Web Site constitutes your agreement and acceptance to be bound by and comply with the Terms and Conditions, Privacy Policy and all other stated rules. By using the Web Site you agree to be bound by all of the following terms.

 

Your Legal Obligations Regarding Content

You, and not the American Chiropractic Association “ACA”, are entirely responsible for all content that you upload, post (whether on a message board or any other forum), email or otherwise transmit via the Web Site. You are cautioned that any online communications may not be fully confidential. You alone are responsible for any consequences of any posting. The ACA is not responsible for any material posted by any third party. You must comply with all laws related to copyright and intellectual property; you must not post any materials that violate any laws, advocate illegal activity or infringe upon a third-party copyright, nor invade the privacy or publicity rights of others; you must not post anything that is knowingly false, defamatory, profane, vulgar, obscene, threatening, abusive, hateful, pornographic, embarrassing or that has any potential to cause any harm or damage to anyone; you cannot post anything of a sexual nature, you cannot use the Web Site for junk mail, spam, chain letters or pyramid schemes; and you cannot impersonate anyone or misrepresent who you are.

ACA has no obligation to, and does not in its normal course, pre-screen, monitor or review the materials posted online. The ACA does not exert editorial control over any materials posted online. ACA reserves the right to pre-screen, monitor and/or review all materials posted. ACA is not responsible for any such materials posted. The ACA reserves the right to disclose any information to satisfy any legal, regulatory or governmental request. In its sole discretion, ACA reserves the right to refuse to post or remove a post, but due to the real-time nature of postings, it is impossible to pre-screen, review or monitor every post. To report violations of these terms and conditions, e-mail the ACA legal office at legaloffice@acatoday.org. Posters who violate these terms and conditions may, among other things, have their message board privileges revoked.

You understand that any message posted online expresses only the views of the poster and does not reflect the views of the ACA. The ACA does not control the content and does not guarantee the accuracy or quality of any such content. By using this Web Site, you may be exposed to materials this is offensive, indecent, defamatory or otherwise objectionable.

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE ACA BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, INACCURACIES, ERRORS OR OMISSIONS, ANY CONTENT THAT IS OBJECTIONABLE IN ANY WAY, INCLUDING ANYTHING OFFENSIVE, INDECENT, DEFAMATORY, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE, RELIANCE, READING, OR VIEWING OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, STORED OR OTHERWISE ACCESSED OR MADE AVAILABLE OR KNOWN TO YOU.

 

Lawful Purpose

The Web Site may be used only for lawful purposes. As one of the conditions of your use of the Web Site, you represent, warrant, and agree that you will not use (or assist others to use) the Web Site for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls).

 

Disclaimer

The information on the Web Site is provided for informational purposes only. While ACA makes every effort to present accurate and reliable information, ACA does not represent, warrant, endorse, approve or certify any information displayed, uploaded, downloaded or distributed through the Web Site, nor does it guarantee the accuracy, completeness, efficacy, or timeliness of such information.

The information provided is not meant as a substitute for professional advice from a legal, health care, financial, accounting or other professional on any subject matter. You should not act upon this information without consulting with an appropriate professional and in this context you should consult with your own attorney for specific legal advice on your particular facts and circumstance and you should seek the advice of a health care professional in all matters relating to your health.

It is your responsibility to evaluate text, content, opinions, statements, suggestions, strategies, tactics, or other information available through the Web Site. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review by qualified experts. Under no circumstances will ACA be liable for any damage caused by reliance upon information obtained through the Web Site. Any reliance upon any information is at your own risk.

You hereby warrant and represent that you are at least eighteen (18) years of age (21 in some jurisdictions) and have the legal capacity to use this Web Site. ACA makes no representation or warranty that the content published on the Web Site complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning content legality. If you are unable to make the representations and warranties contained herein, do NOT use the Web Site.

 

Limitation of Liabilities

Under no circumstances, including but not limited to negligence, shall ACA and its subsidiaries, affiliates, officers, agents and employees be liable for any direct, indirect, special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, data or other intangible losses, resulting from the use or the results of the use of the services or content offered on the Web Site, from statements or conduct of any third party using the Web Site, or from failure of performance, error, mistake, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, mistakes, inaccuracies or typographical errors, acts of god/acts of nature/acts of terrorism, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this Web Site, or any other matter relating to the Web Site, whether for breach of contract, tortuous behavior, antitrust, negligence, or under any other cause of action or theory of liability.

 

Disclaimer of Warranties

All information on the Web Site is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACA DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY. ACA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS AT YOUR OWN RISK AND IS AT YOUR DISCRETION. ANY DAMAGE TO YOUR COMPUTER OR THE DATA IS YOUR SOLE RESPONSIBILITY.

ACA does not warrant that the Web Site will be uninterrupted or free of technical or other inaccuracies, mistakes, or typographic or other errors, that defects will be corrected, or that the Web Site or server that makes the Web Site available are free of viruses or other harmful elements.

 

Right to Modify/Change

Changes are periodically added to the information herein. These changes will be incorporated in new versions of the Web Site. ACA may make improvements and/or changes in the product(s), service(s), and/or the literature, information, text or content described on the Web Site at any time. ACA reserves the right to modify its terms and conditions at any time without prior notice.

 

Release and Indemnity

You agree to indemnify and hold ACA and its subsidiaries, affiliates, officers, agents and employees, harmless from and against any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Web Site or anything related to the Web Site, your violation of this Agreement, or your violation of any rights of another or your failure to abide by applicable law. You hereby release and waive any and all claims and/or liability against ACA and its subsidiaries, affiliates, officers, agents and employees arising from or in connection with your use of the Web Site or anything related to the Web Site. We reserve, and you grant us, the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you. This Section shall survive termination of this Agreement.

 

Links, Ads, Vendors and Third-Party Materials

The Web Site contains links to third-party web sites, banner ads, vendor lists and other third-party materials that ACA does not own or control. ACA does not make any representation about any other web site, advertisement, or third-party entity to which you may learn about or access through the Web Site. When you access another web site or company, you do so at your own risk and ACA is not responsible for the accuracy or reliability of any information, opinions, statements or advice made on these sites or by these companies. A link to another web site or a listing of another company does not constitute ACA's endorsement of that site or company, nor does ACA accept any responsibility for the content or uses of other web sites or companies.

ACA assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to the Web Site. References to corporations, their services and products, are provided "as is" without any express, implied or other warranties.

 

Governing Law

In the event any of the terms and conditions shall be held to be unenforceable, the remaining terms and conditions shall be unimpaired and the unenforceable term or condition shall be replaced by such enforceable term or condition as comes closest to the intention underlying the unenforceable term or condition. The Web Site (excluding linked sites) is controlled by ACA from an office within the Commonwealth of Virginia, United States of America. By accessing the Web Site, you and ACA agree that all matters relating to the Web Site shall be governed by the laws of the Commonwealth of Virginia, without regard to choice of law principles. You and ACA also agree that jurisdiction shall be in the Commonwealth of Virginia.

 

License to Use

By submitting, posting, displaying or providing any information (including, without limitation, questions, comments, suggestions, ideas, drawings, notes, concepts or any other material) to the Web Site, you automatically grant to ACA, without limitation, a worldwide, unlimited, irrevocable, perpetual, royalty-free license, authorization and permission, in any form or format, on or through any media or medium now known or hereafter developed or discovered, to maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, reformat, and otherwise use all or any portion of such information, for any purpose whatsoever without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted in our sole discretion.

You represent to ACA that you own all information you provide and/or have the unencumbered legal right to grant the above-referenced license with respect to all information you provide. You further represent to ACA that such information does not infringe any third party copyrights or other third party intellectual property rights. You agree to indemnify ACA for any and all losses resulting from the invalidity or inaccuracy of such representation. Please do not send any information or post on any forum anything that constitutes a trade secret, or confidential or proprietary information. You agree that any information or materials that you, or individuals acting on your behalf, provide will not be considered confidential or proprietary.

 

Rights/ACA's Official Logo/Copyright and Reprint Permissions

The trademarks, logos, service marks, text and content displayed on the Web Site is the property of ACA or other third parties. You are not permitted to use any intellectual property without the prior written consent of ACA or such third party, which may own the intellectual property. You agree not to reproduce, duplicate, copy, sell or exploit for any commercial purpose, any portion of the Web Site and the services, products, or content provided by the Web Site.

Any party is free to download ACA's official logo for the sole and exclusive purpose of linking to www.acatoday.org. All other uses are strictly prohibited without prior approval. Click here for instructions on accessing and downloading the logo.

ACA published material is protected by copyright. All rights are reserved. For information on how to obtain reprint permission, e-mail the ACA legal office at legaloffice@acatoday.org.

 

[Last updated: 02/03/2011 | Contact: legaloffice@acatdoay.org]