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Head and Neck App

TERMS AND CONDITIONS OF USE OF AMERICAN HEAD AND NECK SOCIETY MOBILE APPLICATIONS

The terms and conditions of use set forth herein (“Terms”) relate to the access and use of our American Head and Neck Society mobile applications designed for iPhone, iPad, or other devices using the iPhone OS (“Apple Applications”), or for devices using the Android OS or any other operating systems (“Other Applications,” and together with Apple Applications, “Applications”). The Applications are provided by the American Head and Neck Society (“AHNS” or “we” or “us”).
“AHNS Media” means the Applications and any data, graphic, image, database, photos, schematic, information or other material or content contained therein, or accessible therethrough. Your use of the AHNS Media shall be subject to these Terms and by using the AHNS Media you agree to be bound by these Terms.
If you do not agree to these Terms, do not install, download, use or access the AHNS Media. We reserve the right to change these Terms and/or the AHNS Media from time to time. The Terms may be updated by posting the new or updated Terms on our website.

Access to AHNS Media

It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the AHNS Media. Apple Applications are only licensed for use on a device owned or controlled by you and using the Apple iPhone OS, so you must make sure that you use an appropriate device to access and use any Apple Application. Other Applications may only be used on a device owned or controlled by you running the operating system for which the Other Application concerned was designed.
We may, from time to time, restrict access to certain features, parts or content of the AHNS Media, or the entire AHNS Media, without any notice or liability to you or any third party.

Operation of the AHNS Media

We cannot guarantee the continuous, uninterrupted or error-free operability of the AHNS Media. There may be times when all of, or certain features, parts or content of, the AHNS Media, becomes unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we shall not be liable to you or to any third party for any unavailability, accuracy, modification, suspension or withdrawal of any AHNS Media, or any features, parts or content of any AHNS Media.

What You Are Allowed to Do

You may only use the AHNS Media in accordance with these Terms. Subject to these Terms, you may retrieve and display content from the AHNS Media on a computer or mobile device, print pages from the AHNS Media and store the AHNS Media in electronic form. You may in some instances be permitted to record instances and characteristics of pain, the location of pain, or other data related to pain and its treatment, the analyses of these data, and the transfer of this information and data to others.
Additional terms may also apply to certain features, parts or content of the AHNS Media and, where such terms apply, are set out in these Terms or shall be displayed before you access the relevant features, parts or content.

What You Are Not Allowed to Do

Except to the extent expressly set out in these Terms, you are not allowed to:
  • republish, redistribute or re-transmit any AHNS Media, except with the express written permission of AHNS;
  • do anything to cause a slow-down or interruption of the AHNS Media or the distribution or display of unapproved content via the AHNS Media;
  • do anything to violate HIPPA regulations or any other regulation or privacy requirement;
  • add to, remove or change any content of the AHNS Media except as permitted herein, or attempt to circumvent security or interfere with the proper working of the AHNS Media or any servers on which it is hosted;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover or directly access the source code of such AHNS Media, and/or any component thereof;
  • create links to the Applications from any website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you do not frame or replicate any page of the Applications, and the linked website does not contain any content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights, other rights of any third party; or
  • otherwise do anything that it is not expressly permitted by these Terms.
You must only use the AHNS Media and anything available via the AHNS Media for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our members or affiliates. All rights granted to you under these Terms shall terminate immediately in the event that (i) you are in breach of any of these Terms; (ii) AHNS is required by law to terminate the AHNS Media or these Terms; or (iii) AHNS decides to no longer provide certain portions of the AHNS Media.
To do anything with the AHNS Media that is not expressly permitted by these Terms, you need a separate license from us. Please contact us by sending postal mail to: AHNS, 11300 W. Olympic Blvd., Suite 600, Los Angeles, CA 90064.

Apple Applications

The Apple Applications may be downloaded from the App Store, which is operated and owned by Apple Inc. and other companies within its group (“Apple”).
If the AHNS Media that you access and use is an Apple Application:
  • the Apple Application may only be accessed and used on a device owned or controlled by you and using the Apple iOS;
  • you acknowledge and agree that:
    • Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact us, not Apple, using the contacting us details at the end of these Terms;
    • although these Terms are entered into between us and you (and not Apple), Apple, as a third party beneficiary under these Terms, shall have the right to enforce these Terms against you;
    • except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Apple Application are between you and us (and not between you, or anyone else, and Apple); and
    • in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Apple Application infringes any intellectual property rights, Apple shall not be responsible or liable to you in relation to that claim;
  • you represent and warrant that:
    • you are not, and shall not be, located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country; and
    • you are not listed on any US Government list of prohibited or restricted parties; and
    • if the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which shall then refund the purchase price of the Apple Application to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and shall not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Apps or relying on any of its content.

Intellectual Property Rights

AHNS Media may be protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted are reserved by AHNS or their respective rights holders.
All intellectual property rights in the AHNS Media and in any content of the AHNS Media (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out herein, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using any AHNS Media. In the event you print off, download, transmit, copy or store any AHNS Media (only as permitted by these Terms), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
AHNS respects the intellectual property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), AHNS has designated an agent to receive notifications of alleged copyright infringement associated with the AHNS Media. AHNS shall, upon receiving proper notice, act to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work is being infringed, please notify us (see the Contacting Us section below). AHNS shall promptly notify you after removing access to any allegedly infringing material to allow you to prove that you have rights to the materials.

Content and Its Intended Use

We may change the format and content of the AHNS Media from time to time. You agree that your use of the AHNS Media is on an ‘as is’ and ‘as available’ basis and at your sole risk.
While we try to make sure that all information contained in the AHNS Media (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. By accepting these terms, You agree to consult with your own health care provider about any of the content contained in the AHNS Media.
We do not enter into any terms or make any representations as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the AHNS Media. We cannot and do not guarantee that any content of the AHNS Media shall be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

No Warranties

AHNS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE AHNS MEDIA. THE AHNS MEDIA IS PROVIDED ‘AS IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE. AHNS DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE AHNS MEDIA. AHNS MAKES NO WARRANTIES RESPECTING ANY HARM.

Limitation of Liability

In no event shall AHNS (nor the developers of AHNS Media) be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of your use of or inability to use the AHNS Media, even if AHNS has been advised of the possibility of such damages. In no event shall AHNS (nor the developers of AHNS Media) be liable for loss of data or for direct, indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. AHNS (or the developers of AHNS Media) shall have no liability with respect to the content of the AHNS Media or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR (A) USING THE AHNS MEDIA (INCLUDING WITHOUT LIMITATION THE APPLICATIONS), (B) THE MEDICAL TREATMENT OF ANY PATIENTS, AND (C) ANY AND ALL DIAGNOSES, ACTIONS, INACTIONS, OMISSIONS, HEALTHCARE, HEALTH OUTCOMES AND PRACTICES FROM, BY, THROUGH OR ON BEHALF OF YOU OR OTHERS ARISING FROM YOUR USE OF THE AHNS MEDIA. THE MEDICAL TREATMENT, OR LACK THEREOF, AS A RESULT OF USING THE AHNS MEDIA, INCLUDING WITHOUT LIMITATION THE MOBILE APPLICATION, IS YOUR SOLE RESPONSIBILITY.
You agree that (1) We do not endorse and are not responsible for the substance, interpretation, reporting or accuracy of the data that may be collected, analyzed, provided or processed, (2) We are not a healthcare provider or provider of medical treatment and are not responsible for any health outcomes or medical treatment, including without limitation any outcomes or treatment based on the use of the AHNS Media, (3) You are solely responsible and (4) We will not be liable for any damages, claims, or liability incurred as a result of any such data, outcomes or treatment.

External Links

AHNS Media may, from time to time, include links to or feeds from external sites, including social media sites. As such, your postings or third party postings on external sites may appear on AHNS Media. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they shall be continuously available. The fact that we may include links to such external sites does not imply any endorsement of, or association with, their operators or content.

General

These Terms shall be governed by the laws of the State of California and you agree that any dispute between us regarding them or the AHNS Media shall only be dealt with by state or federal courts located in the County of Los Angeles, State of California. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
All provisions and restrictions of these Terms that may reasonably be interpreted or construed as surviving the termination, shall survive the termination.

Contacting Us

Please submit any questions you have about these Terms or any problems concerning the AHNS Media by sending postal mail to: AHNS, 11300 W. Olympic Blvd., Suite 600, Los Angeles, CA 90064.
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