Effective: July 11th, 2018; updated August 18th 2019
As used in these Terms the following terms shall have the following meanings:
• "Web Site" means the https://atpps.org web site and any and all information provided directly or indirectly through the Web Site including, but not limited to, information provided via e-mail and through ATPPS Online Forums (defined below).
• "We," "Our," "Us," and "ATPPS" refer to Athletic Trainers in the Physician Practice Society (“ATPPS”).
2. CHANGES TO THESE TERMS
WE MAY AMEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE BY POSTING THE AMENDED TERMS ON THE WEB SITE. USE OF THE WEB SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. For this reason, you should review these Terms whenever you use the Web Site.
3. ABOUT ATPPS
ATPPS is a Minnesota Not for Profit Corporation and is organized and operated exclusively for charitable, educational, and scientific purposes as defined by Internal Revenue Code ("IRC") Section 501(c) (3). In particular, ATPPS's exempt purpose is to The Athletic Trainers in the Physician Practice Society (ATPPS) which is an organization representing the interests of athletic trainers working in the physician practice setting. We develop and publish evidence-based knowledge, provide extensive educational programming, and promote emerging research that advances the science and practice of athletic trainers in the physician practice setting.
4. TAX EXEMPT STATUS
ATPPS is exempt from federal income tax pursuant to IRC 501(c) (3). As such, contributions and gifts to ATPPS will be deductible as charitable contributions. If you have questions regarding the tax deductibility of charitable contributions in general or with respect to ATPPS in particular you are urged to consult your personal tax advisor.
5. USE OF MATERIAL
You acknowledge all data, documentation, text, software, code, graphics, images, audio, video, and other information of any kind appearing on or accessible through the Web Site (collectively, the "Materials"), are owned by ATPPS or ATPPS's third-party licensors. ATPPS and/or third-party licensors retain all proprietary rights to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets). Unless otherwise indicated in writing, except for downloading one copy of the Materials for your personal, noncommercial use and/or printing one copy of the Materials for such personal noncommercial use, you may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute or otherwise use the Materials in any way without first obtaining the written permission of ATPPS. Requests for permission for uses not authorized by these terms may be e-mailed to: firstname.lastname@example.org
You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not frame or utilize framing techniques to enclose all or any portion of the Site. You may not use any metatags or any other similar hidden text utilizing ATPPS's name or trademarks, without the prior written permission of ATPPS.
6. USE POLICIES
You may not do any of the following while using the Web Site:
• Interfere with or disrupt networks connected to the Web Site or violate the regulations, policies, or procedures of such networks;
• Attempt to gain unauthorized access to the Web Site, computer systems or networks connected to the Web Site through password mining or any other means;
• Interfere with another user's use and enjoyment of the Web Site;
• Upload any message, information, data, text, software, graphic files or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Upload Content that contains a virus, corrupted file, or other harmful component;
• Impersonate any person or entity including, but not limited to ATPPS personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any Content under a fictitious name;
• Intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another's use of the Web Site.
If you violate any of this Section 6, your permission to use the Materials and the Web Site automatically terminates.
7. LINKING TO THE WEB SITE
You may provide a link on your site to the Web Site subject to the following requirements:
• You may not frame or alter the appearance or visual presentation of the Web Site.
• You may not state or imply that we endorse, sponsor or otherwise approve your site or any other sites, unless agreed to in writing by the ATPPS. Links to the Web Site may not be used in a way that implies or suggests that we approve or endorse you, your web site or your goods and services, unless it is true and accurate and ATPPS agrees to such statements in advance in writing.
• Links may be text-based using the words: Athletic Trainers in the Physician Practice Society, ATPPS, or www.atpps.org, subject to the terms and conditions contained herein.
• You may only link to the home page of the Web Site unless you receive permission from ATPPS. Requests for permission to link to other parts of the Web Site may be e-mailed to: email@example.com
• We have no responsibility or liability for any content appearing on your web site. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ATPPS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, AND AGENTS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, ACTIONS, DEMANDS, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE LEGAL AND ACCOUNTING FEES) ARISING FROM OR RELATING TO YOUR WEB SITE. WE RESERVE THE RIGHT TO DEFEND ANY SUCH CLAIM, AND YOU AGREE TO PROVIDE US WITH SUCH REASONABLE COOPERATION AS WE MAY REQUEST.
• By linking the Web Site, you acknowledge and agree that, other than as specifically set forth in these Terms, all rights to ATPPS marks and logos belong to ATPPS. In addition, you acknowledge the validity of ATPPS's ownership in the ATPPS marks and logos and will not contest such ownership or the validity of any registrations of ATPPS relating to such marks and logos.
• You are prohibited from using ATPPS's marks or logos or any names, marks or other materials in a manner that is likely to cause confusion with, dilute or damage the reputation or image of ATPPS.
Subject to these Terms and your compliance with the above requirements, you may not use any of ATPPS's trademarks or service marks or logos for any other reason or purpose without the express written permission of ATPPS. ATPPS may, at any time, in its sole discretion and without cause, terminate your right to link to the Web Site. Upon our request, you agree to immediately remove all links to the Web Site. Thereafter, any future links to the Web Site will require the express written permission of ATPPS.
8. LINKS TO THIRD-PARTY SITES
We welcome comments regarding our Web Site. However, any comments, feedback, messages, ideas, suggestions or other communications (collectively, "Comments") submitted to us will be our exclusive property. Submission of any such Comments constitutes an assignment to the ATPPS of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. The ATPPS will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any Comments that you do not desire to assign to the ATPPS, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
10. ONLINE FORUMS
10.1. Defined. Online Forums include chat rooms, blogs, list servs, social media and other online areas or services provided by ATPPS in or through which users can post information which may be viewed by ATPPS and other users.
10.2. USER POSTINGS. Information on Online Forums may be posted by you or other users. ATPPS is not responsible for information posted by you or other Online Forum users. ATPPS does not represent or guarantee the accuracy, completeness or reliability of any information posted on any Online Forum nor does ATPPS endorse any opinions expressed in any Online Forum unless expressly identified as an ATPPS opinion. YOUR USE AND RELIANCE ON INFORMATION POSTED ON AN ONLINE FORUM IS AT YOUR OWN RISK.
10.3. YOU ARE RESPONSIBLE FOR YOUR POSTINGS. Think before you speak. Online Forums are public forums. Once you have posted information you should assume that everyone in the world can see what you have posted. You are solely responsible for what you say and are responsible for the consequences of any of your postings on an Online Forum.
10.4. ATPPS MAY EDIT OR REMOVE USER POSTINGS. ATPPS may for any reason edit, refuse to post or remove without notice any information posted by you or any other user to an Online Forum. However, ATPPS has no obligation to edit, refuse to post or remove any information, including information you may find objectionable or offensive or that violate this Agreement. Although ATPPS may occasionally screen or monitor information posted by users, ATPPS is not obligated to do so.
10.5. WHAT TO DO IF YOU THINK SOMEONE IS VIOLATING THIS AGREEMENT. If you believe a user is violating this Agreement, you may e-mail such information to ATPPS at firstname.lastname@example.org However, ATPPS does not guarantee that it will and is under no obligation to take any action as a result of your contact.
10.6. WHAT TO DO IF YOU HAVE QUESTIONS. It is the policy of the ATPPS Board of Directors and ATPPS Staff not to post comments or answer inquiries on the ATPPS Forum. If you have a question of either the board or staff, you may mail or e-mail your inquiry directly to the party in question or to the ATPPS office at email@example.com
10.7. ATPPS MAY EXPEL AND DISCIPLINE USERS. ATPPS reserves the right to expel any user and to prevent further access by any user to an Online Forum for any reason or for no reason at all. However, ATPPS has no obligation to expel a user or to prevent further access to an Online Forum.
10.8. LICENSE TO USE YOUR POSTINGS. Information you post in an Online Forum, may be reproduced, distributed, displayed and otherwise used by ATPPS and other Online Forum users. BY POSTING INFORMATION ON AN ONLINE FORUM, YOU AUTOMATICALLY GRANT ATPPS A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NONEXCLUSIVE AND FULLY SUB-LICENSABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, DISPLAY AND OTHERWISE USE AND EXPLOIT THE INFORMATION (IN WHOLE OR IN PART) WORLDWIDE AND/OR TO INCORPORATE IT IN OTHER WORK IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO POST ALL INFORMATION YOU POST TO AN ONLINE FORUM AND THAT YOUR POSTING OF THE INFORMATION DOES NOT VIOLATE ANY CONTRACT; LOCAL, STATE, OR FEDERAL ORDINANCE, REGULATION, STATUTE, OR LAW; OR THE RIGHTS OF ANYONE ELSE.
10.9. You agree to abide by the following rules and guidelines at all times in connection with your use of an Online Forum:
• Your posting to any Online Forum must be consistent with the above written policies. You may not interfere with another user's use of an Online Forum.
• All communications must be respectful. You are prohibited from engaging in personal attacks or other harassing or disrespectful conduct.
• You may not post information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false, misleading, or hateful; that may be invasive of another's privacy; racially, ethnically, religiously, sexually or otherwise objectionable; violates the intellectual property, contract or other rights of any person; contains a virus, corrupted files, or other harmful components; or which may be harmful to ATPPS, its members, or anyone else.
• You may not collect information about another user of an Online Forum, including e-mail addresses, without the other user's express written consent.
11. CLAIMS OF COPYRIGHT AND TRADEMARK INFRINGEMENT
If you believe that your work or trademark has been copied in a way that constitutes copyright or trademark infringement, please contact the Designated Agent listed in our Copyright Policy.
ACCESS TO AND USE OF THE WEB SITE AND ANY INFORMATION PROVIDED DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE INCLUDING, BUT NOT LIMITED TO, INFORMATION PROVIDED VIA E-MAIL OR THROUGH ONLINE FORUMS, IS PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS, " WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; NON-INFRINGEMENT; PRIVACY; SECURITY; AND/OR ARISING OUT OF TRADE USAGE OR COURSE OF DEALING OR PERFORMANCE.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL ATPPS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, OR OTHER REPRESENTATIVES OR CONTRACTORS BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH OR RELATED TO THESE TERMS; THE WEB SITE; YOUR USE OR INABILITY TO USE THE WEB SITE; ANY INFORMATION YOU PROVIDE TO US THROUGH THE WEB SITE INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU PROVIDE THROUGH ONLINE FORUMS; OR ANY INFORMATION PROVIDED THROUGH THE WEB SITE INCLUDING, BUT NOT LIMITED TO, INFORMATION PROVIDED THROUGH ONLINE FORUMS. THIS IS A COMPREHENSIVE RELEASE OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY, CONTRACTUAL, OR DAMAGES OR LOSSES OF ANY OTHER KIND OR TYPE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF ATPPS OR ANY ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, OR OTHER REPRESENTATIVES OR CONTRACTORS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
14.WAIVER OF CLAIMS
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION OF ANY KIND YOU MAY HAVE DIRECTLY OR INDIRECTLY AGAINST ATPPS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, OR OTHER REPRESENTATIVES OR CONTRACTORS RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH OR RELATED TO YOUR ACTIONS OR OMISSIONS; THESE TERMS; THE WEB SITE; YOUR USE OF OR INABILITY TO USE THE WEB SITE; ANY INFORMATION YOU PROVIDE TO US THROUGH THE WEB SITE INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU PROVIDE THROUGH ONLINE FORUMS; AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE INCLUDING, BUT NOT LIMITED TO, INFORMATION PROVIDED THROUGH ONLINE FORUMS.
15. DEFENSE, INDEMNIFICATION, AND HOLD HARMLESS
YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ATPPS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, AND OTHER REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LOSSES, DAMAGES, AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS INCURRED IN DEFENDING SUCH CLAIMS, DIRECTLY OR INDIRECTLY RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH OR RELATED TO YOUR ACTIONS OR OMISSIONS; THESE TERMS; THE WEB SITE; YOUR USE OF OR INABILITY TO USE THE WEB SITE; ANY INFORMATION YOU PROVIDE TO US THROUGH THE WEB SITE INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU PROVIDE THROUGH ONLINE FORUMS; OR ANY INFORMATION PROVIDED THROUGH THE WEB SITE INCLUDING, BUT NOT LIMITED TO, INFORMATION PROVIDED THROUGH ONLINE FORUMS.
16. PRIVACY NOTICE
Be sure to check our Privacy Notice to understand our practices. The Privacy Notice is subject to these Terms and is incorporated by reference.
17. CHOICE OF LAW AND FORUM
These Terms were entered into in the State of Minnesota. These Terms shall be governed by and construed in accordance with the substantive laws of the State of Minnesota, excluding its choice of law rules. Any claim or dispute related to, connected with or arising out of your use of the Web Site shall reside in the courts of the State of Minnesota and in particular in either the Douglas County Circuit Court or the United States District for the District of Minnesota.
If any provision of these Terms are invalidated or held unenforceable, the invalidity or unenforceability of that provision shall not affect the validity or enforceability of any other provision of these Terms. In addition, the parties agree that as to any provision found to be invalid or unenforceable as written in these Terms, the same shall not be void, but rather shall be reformed and enforced to the maximum extent permissible under applicable law, as if originally executed in that form by the parties.
19. DRAFTING AND CONSTRUCTION
No inference or presumption shall arise against or in favor of either party because it did or did not draft these Terms or any provision hereof.
ATPPS may assign or transfer its rights under these Terms. You may not.
The headings and numbers appearing in these Terms have been inserted as a matter of convenience. If there is any conflict between the headings and numbers and the text of these Terms, the text will control.
We may terminate these Terms or your access to the Web Site, or any information provided directly or indirectly through the Web Site including, but not limited to, information provided by e-mail, at any time, without notice in our sole and absolute discretion. ATPPS may at its sole discretion and at any time discontinue providing the Web Site, or any part thereof, or any information provided by e-mail with or without notice. You agree that any termination of your access to the Web Site or any information provided by e-mail under any provision of these Terms may be effected without prior notice, and acknowledge and agree that ATPPS may immediately delete your personally identifiable information and all related information and files.
If ATPPS agrees to waive its right to enforce any term of the Terms, it does not waive its right to enforce such term, or any or all other terms, of these Terms at any other time.
Paragraphs 1 through 24 shall survive the termination of your right to access the Web Site, or any information provided directly or indirectly through the Web Site.
25. HOW TO CONTACT US
If you have any questions about these Terms, or your dealings with the Web Site, you can contact ATPPS by accessing the Contact Us section of the Web Site.
26. COPYRIGHT POLICY
We respect the intellectual property rights of others and request that users of the Web Site do the same. We may, at our discretion and in appropriate circumstances, terminate the access of users who infringe the intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998), including but not limited to 17 U.S.C. § 512(c), notification of claims of copyright infringement or other intellectual property violations relating to material on the Web Site should be sent to the following Designated Agent:
Athletic Trainers in the Physician Practice Society
1210 Broadway Street South, Suite 240, PMB 146
Alexandria, MN 56308