Conditions and Terms of Use

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Copyright 

Unless otherwise noted, all materials on this Web site are Copyright, Association of University Programs in Health Administration. All rights reserved.

This pages sets forth the “Terms and Conditions of Use” (“terms”) for the AUPHA website or any web page, feature, option or services available on or through this Site (collectively referred to as “Services”).  It is imperative that you review these terms and the AUPHA Privacy Policy.  By accessing, viewing, downloading, participating, contributing or otherwise using the Services, you agree to be bound by these Terms and Conditions of Use.  AUPHA may revise these Terms and Conditions of Use at any time and at its absolute discretion by updating this posting.  The terms “You” and “User” are used to refer to anyone who is accessing, viewing, downloading, participating, contributing or otherwise using the Services.  If you are not willing to be bound by and adhere to these Terms and Conditions of Use, you must immediately exit the AUPHA website and you should not access, view, download, participate, contribute or otherwise use any of the Services.  Nothing in this Agreement shall be deemed to confer any third party rights or benefits. 

Acceptable Site Use

(a) Copyright and Proprietary Rights - The entire contents of the Services, including the text, graphics, images, logos, button icons, HTML code, and other “Material” are copyrighted by the AUPHA under the copyright laws of the United States. The User agrees not to remove or obscure copyright notices appearing anywhere in or on the Services.  AUPHA grants no copyright or ownership interests to User for any of the material and proprietary information referred to herein belonging to AUPHA.  Permission to use Site content may be granted in special circumstances on a case by case basis.

(b) Name and Logo - User agrees not to use the name “Association of University Programs in Health Administration,” the acronym “AUPHA,” or any of AUPHA’s marks or logo(s) for any promotional or commercial purpose or any other purpose without the prior written consent of an authorized officer or representative of AUPHA.

(c) Prohibited Use - User agrees not to alter, amend, modify or create derivative works of the material contained in or on the Services without the prior written consent of an authorized officer or representative of AUPHA.

User agrees not to post any false, scandalous, malicious, defamatory, libelous or inaccurate information, and/or copyrighted material for which the User does not have permission or consent of the copyright owner, or delete or change any information or material posted by another person.

User agrees not to do anything that would interfere with the proper working ability of the Services, including, but not limited to, activity that can overload the Services infrastructure, use of software or other device(s) other than that available from AUPHA, tamper with the software that makes up the Services, and destroying or changing information posted by another person.

User agrees to comply with all applicable state and federal laws, including these Terms and Conditions of Use. User agrees not to engage in any commercial activity.

User shall not post material that is copyrighted without first obtaining proper written consent from the copyright owner.

User Submissions

You are not required to submit anything, however, if you do submit something (including any user-generated content, writings, research, ideas, concepts, techniques, data or works, you must grant, and you do hereby grant by agreeing to these Terms and Conditions of Use, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up, and royalty free right to AUPHA to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything you submit to AUPHA, without any further consent, notice and/or compensation to you or any third parties.  By submitting any information, material, data or content to AUPHA, you represent and warrant that the submission is accurate to the best of your knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights.

Click Through Agreements

Before you may use certain areas of this Site, for example, AUPHA Network, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “OK” or “I agree.”  Any special terms and conditions to which you agree will supplement and amend these Terms and Conditions.

Restrictions on Use of Personal Information

No e-mail address found on this Site may be harvested or otherwise used for purposes of solicitation. The appearance of any member’s address, e-mail address, fax number, or telephone number on this Site does not constitute permission for you to contact that member for commercial purposes or to send that member facsimile advertisements or commercial electronic mail messages.
For your protection, AUPHA would like to remind you that a US federal law known as the “CAN-SPAM ACT” places restrictions on how Internet users may send e-mail messages where the primary purpose of the message is commercial advertisement or promoting a commercial product or service. 

User Conduct

You understand and agree not to use the Services:

• To post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• For any illegal purpose, including but not limited to conspiring to violate laws.
• To falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
• To upload, post, e-mail, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements.)
• To upload, post, e-mail, transmit or otherwise make available any content or initiate communications that infringe upon copyrights, trademarks, patents, trade secrets or any other proprietary rights of other parties.
• To upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• To upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• To stalk or harass any person.
• To forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services.
• To post content in fields that aren’t intended for that content.
• To interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

Registration and Password

Users are responsible for maintaining the confidentiality of their information and password. User is responsible for all use associated with User’s registration and the compliance with all Terms of Use.  You are prohibited from selling, trading or otherwise transferring your account or any information therein to another party or charging anyone for access to the Services.  If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or permanently.  You agree to immediately notify AUPHA of any unauthorized use of your password or account or any other breach of security.

Forums/Blogs/Chat Rooms

AUPHA may include various forums, blogs, chat room and on-line communities where users may post observations, comments and content on various subjects.   AUPHA cannot guarantee that others will not use the ideas, information or content that is so shared. Therefore, if you have an idea or information or content that you want to keep confidential and/or that you do not want others to use, do not post such information, ideas or content.

AUPHA IS NOT RESPONSIBLE FOR THE MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION THAT YOU SUBMIT.

Termination of Account

AUPHA reserves the right, at its sole discretion, to pursue all its legal remedies, including but not limited to deletion of User’s submissions.  In addition, AUPHA may, with or without cause, immediately terminate User’s account and access to the Services without prior notice.  Without limiting the foregoing, the following will lead to a termination by AUPHA of your use of the Services, (a) breaches or violations of these Terms and Conditions of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) upon your request, (d) unexpected technical issues or problems, and (e) extended periods of inactivity.  Termination of your account includes removal of access to all offerings within the Services and may also bar you from further use of the Services.  AUPHA shall not be liable to you nor any third party for any termination of your account or access to the Services.

Waiver of Liability

AUPHA does not screen or censor the User-generated content made available through the Services.  AUPHA is NOT LIABLE for any content on the Services.  User assumes all risks associated with dealing with other users with whom User comes in contact through the Services. Should a dispute arise between User and another user, User hereby agrees to release AUPHA from any and all claims, demands, and damages associated with such dispute.

Waiver of Warranties

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT BE APPLICABLE TO YOU.

YOU MUST NOT RELY ON THE SERVICES, ANY INFORMATION CONTAINED THEREIN, OR ITS CONTINUATION.  AUPHA PROVIDES THESE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  AUPHA DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, AUPHA DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  AUPHA IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES.

THE CONTENT THAT IS POSTED ON THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.  AUPHA MAKES NO REPRESENTATION ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR THE CONTENT POSTED. 

AUPHA DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES OR THE SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AUPHA SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

Disclaimer of Consequential Damages

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT BE APPLICABLE TO YOU.

IN NO EVENT SHALL AUPHA OR ANY THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AUPHA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL AUPHA TOTAL CUMULATIVE DAMAGES EXCEED US$10.00.

Links to Other Sites

The Services may contain links to third party websites.  These links are provides solely as a convenience to User and not as an endorsement by AUPHA of the contents of such third party websites.  AUPHA is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. Links to third party websites are performed at your own risk.

AUPHA does not represent, warrant or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users.  User acknowledges that any reliance on material posted by other users will be at the User’s own risk.

Indemnification

User agrees to defend, indemnify and hold harmless AUPHA, its officers, directors, employees, volunteers and agents, from and against any and all claims, actions, causes of action, demands, judgments, costs and expenses, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Services or failure to comply with these Terms and Conditions of Use, including, without limitation, your submission of content that violates third party rights or applicable laws. AUPHA shall provide notice to User promptly of any such claim, suit, or proceeding, and shall assist User, at User’s expense, in defending any such claim, suit or proceeding.

Terms of Agreement

User agrees not to make an unauthorized commercial use of the Services.

If the User accesses the Services from outside the United States, he or she does so at his or her own risk. Recognizing the global nature of the Internet, User agrees to comply with all applicable local rules, including but not limited to, rules regarding online conduct and acceptable content. User further agrees to at all times comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Services is strictly prohibited.  At all times you agree not to monitor or copy, or allow others to monitor or copy, AUPHA web pages or the content included herein.

AUPHA Communications

During the course of providing services to you, AUPHA may need to communicate with you via e-mail.  You hereby agree to receive e-mails which are specific to your account and necessary for the normal functioning of the Services.  You also agree to have your name and/or e-mail address listed in the header of certain communications which you initiate through the Services.

Monitoring and Enforcement

While AUPHA retains the right to monitor activity and content associated with the Services, it is under no obligation to do so. Because community standards vary and individuals sometimes choose not to comply with AUPHA policies and practices, in the process of using AUPHA Services, you may be exposed to content that you find offensive or objectionable.  You can contact AUPHA to let us know of content that you find objectionable. AUPHA may investigate complaints and reported violations of AUPHA policies that come to our attention and may take any action that it deems appropriate, including, but not limited to, issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, AUPHA may also reserve the right not to take any action. Under no circumstances will AUPHA be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damages of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Governing Law

These Terms and Conditions of Use are governed by the laws of the Commonwealth of Virginia. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the Commonwealth of Virginia.  In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.  If any provision of these Terms and Conditions of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.  No waiver of any term of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term.

General Information

Association of University Programs in Health Administration, AUPHA and other AUPHA logos, marks and names are trademarks of the Association of University Programs in Health Administration.  You agree not to display or use these trademarks in any manner without the prior written consent of an authorized officer of AUPHA.  Please send any questions, comments, or report violations of these Terms and Conditions to:

Gerald Glandon, PhD
President & CEO
Association of University Programs in Health Administration
1730 M Street NW, Suite 407
gglandon@aupha.org
202-763-7283 x110