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Introduction; Agreement to be Bound. Use of the American Academy of Family Physicians’ (the “AAFP”) Early Career Pathfinder application (the “Pathfinder App”) is subject to these Terms of Use (“Terms”). Please read these Terms carefully before using the Pathfinder App. BY, ACCESSING OR USING THE PATHFINDER APP, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS.
The AAFP reserves the right to revise these Terms at any time and from time to time at its sole discretion by posting revised Terms in the Pathfinder App. Your continued use of the Pathfinder App indicates your acceptance of all terms and conditions contained in the Terms posted at the time of your use.
Unless otherwise expressly provided in these Terms, all information, material, content, and intellectual property contained on the Pathfinder App, including, without limitation, the AAFP’s trademarks, service marks, and logos, (collectively, the “AAFP Content”) is the property of the AAFP, its affiliates, and third-party licensors and is protected by applicable United States copyright and trademark law, as well as other federal, state, local, and international laws and regulations. Use of the AAFP Content is subject to all such laws and regulations as well as these Terms.
Grant of License. The AAFP grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Pathfinder App for your personal, non-commercial use only, subject to your acceptance of, and compliance with, these Terms. Subject to the limitations and restrictions provided in these Terms, material contained in the Pathfinder App may be downloaded, viewed, and printed for your personal and noncommercial use, provided that all trademark, copyright, and other proprietary notices appearing in such material is retained. All other rights not expressly granted in these Terms are hereby reserved by the AAFP.
Restrictions. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, license, sell, create derivative works from, transmit, distribute, display, market, deconstruct, or reverse engineer any portion of the AAFP Content or Pathfinder App in any manner without the prior written permission of the AAFP. Without limiting any third-party rights, any unauthorized use of AAFP Content contained in the Pathfinder App to train generative artificial intelligence (AI) technologies is expressly prohibited. Further, you shall not (a) engage in any unlawful, false, misleading, offensive, obscene, threatening, harassing, or abusive activities or postings on the Pathfinder App; (b) post, input, or upload to the Pathfinder App any data or information containing viruses or any other computer code, or corrupt files or programs that are intended to damage, disrupt, interfere with, or destroy the performance or function of, or access to, the Pathfinder App; (c) enter, transmit, use, access and/or disclose any Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996, as amended) on or via the Pathfinder App; or (d) frame or use framing techniques with respect to AAFP Content on the Pathfinder App.
Third Party Content. The AAFP does not claim ownership of or responsibility for any information, materials, comments, statements, services, products, or other posts by you or any other third parties on the Pathfinder App (“Third Party Content”). The AAFP makes no representations, warranties, or guarantees with respect to the accuracy, quality, timeliness, confidentiality, or security of any such Third Party Content; has no obligation to review, correct, or update any Third Party Content; and is not liable for any inaccuracies or errors therein. Should you wish to use any Third Party Content, you must first obtain the written permission from the third party owner thereof.
DISCLAIMER. THE PATHFINDER APP AND ALL CONTENT HEREIN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AAFP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, COMPLETENESS, ACCURACY, AN IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE AAFP NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS RESULTING FROM OR ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PATHFINDER APP AND/OR ANY OF THE CONTENT, ADVERTISING, OR OTHER MATERIALS CONTAINED IN THE PATHFINDER APP, EVEN IF THE AAFP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. To the fullest extent permitted by applicable law, you shall indemnify, defend and hold harmless the AAFP and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, law suits, and other actions, resulting from or arising out of the use, or inability to use, the Pathfinder App and/or your violation of these Terms, including any liability, expense, cost, losses, and damages (including, without limitation, reasonable attorneys’ fees).
Privacy and Other AAFP Policies. The AAFP Privacy Policy is incorporated into these Terms and governs the use of all data and personal information collected by the AAFP by reason of your access and use of the Pathfinder App.
Governing Law; Jurisdiction and Venue. These Terms and all matters and disputes arising out of the Pathfinder App shall be governed by and construed in accordance with the laws of the State of Kansas without regard to its conflicts of law principles. You hereby agree that any dispute, lawsuit, or other action arising out of the Pathfinder App shall be instituted and resolved solely in a state or federal court of competent jurisdiction located in the State of Kansas.
Waivers. No waiver, expressed or implied, once or more often, by the AAFP of any right or remedy it may have with respect to these Terms, nor its failure to enforce any provision of these Terms, shall constitute or be deemed a waiver of any other right or provision hereunder.
Severability. If any part of these Terms is found by a court of competent jurisdiction to be unlawful, unenforceable, or invalid, all other parts shall remain in full force and effect.
International Use. The AAFP makes no claim or warranty with respect to access or use of the Pathfinder App, including, without limitation, the AAFP Content, outside the United States. Any such access or use is at your own risk and you are responsible for compliance with applicable local laws and regulations.
Digital Millennium Copyright Act. The American Academy of Family Physicians respects the intellectual property of others. We will investigate and process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Copyright Agent and provide the information below. To be effective, your claim notification must be in writing and contain the following information:
Please send the above copyright information to:Copyright AgentAmerican Academy of Family Physicians11400 Tomahawk Creek ParkwayLeawood, KS 66211Phone: (800) 274-2237Email: copyrights@aafp.org
Emails sent to copyrights@aafp.org for purposes other than communication about copyright claims may not be acknowledged or responded to.
We will, in appropriate circumstances, suspend or terminate the rights of repeat infringers to post in the Pathfinder App. If you believe that a person posting information in the Pathfinder App is a repeat infringer, please follow the instructions above to contact the AAFP and provide information sufficient for us to verify such repeat infringement.