Acceptance of Terms
Description of Services
Through its network of Web properties, The AAO provides you with access to a variety of resources, including personal email account, shopping, dues payment, newsletters, communication forums and information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Personal and Non-Commercial Use Limitations
Unless otherwise specified, the Services are for your personal and non-commercial use. For purpose of these TOU, non-commercial use does not include your orthodontic practice. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Privacy and Protection of Personal Information
See the Privacy Statement disclosures relating to the collection and use of your information.
Notice Specfic to Documents Available on This Web Site
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the AAOmembers.org or Web site or any other AAO owned, operated, licensed or controlled site. Elements of AAO Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any AAO Web site may be copied or retransmitted unless expressly permitted by AAO.
AAO AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AAO AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AAO AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AAO AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE. IN NO EVENT SHALL AAO AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
Member Account, Password and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the AAO immediately of any unauthorized use of your account or any other breach of security. The AAO will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the AAO or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any AAO server, or the network(s) connected to any AAO server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any The AAO server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Use of Services
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
The AAO has no obligation to monitor the Communication Services. However, The AAO reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. The AAO reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
The AAO reserves the right at all times to disclose any information as the AAO deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the AAO’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. The AAO does not control or endorse the content, messages or information found in any Communication Services and, therefore, the AAO specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized AAO spokespersons, and their views do not necessarily reflect those of the AAO.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Materials Provided to the AAO and Posted on the AAO Web Site
The AAO does not claim ownership of the materials you provide to the AAO (including feedback and suggestions) or post, upload, input or submit such material to any Services or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting the AAO, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all the AAO Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. The AAO is under no obligation to post or use any Submission you may provide and the AAO may remove any Submission at any time in its sole discretion.
Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
Links to Third Party SItes
THE LINKS IN THIS AREA WILL LET YOU LEAVE THE AAO’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE AAO AND THE AAO IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE AAO IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THE AAO IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE AAO OF THE SITE.
Unsolicited Idea Submission Policy
THE AAO OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN THE AAO’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO THE AAO. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO THE AAO OR ANYONE AT THE AAO. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT THE AAO MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
By using this discussion board, you agree to the following terms:
- That you will not utilize this discussion board for any unlawful purpose or for any purpose that could expose the AAO to liability for any matter, including, but not limited to, defamation, negligence and Antitrust.
- That you will indemnify, save, defend and hold the AAO harmless from any and all liabilities, action, demands and damages, including, but not limited to, reasonable attorneys’ fees, arising out of or related to your use of this discussion board.
- That you will refrain from using any derogatory or inflammatory comments.
- That the AAO does not endorse, approve or sanction any comment, statement or claim that you may make or is made by any person and/or entity.
- That the AAO may, at any time and for any reason determined in its sole discretion, restrict and/or eliminate your use of this discussion board.
- There is no right of privacy attaching to your communications on the discussion board, or to that of any other person and/or entity, and the AAO may, but shall not be obligated to, monitor your discussions and those of other persons and/or entities for purposes of determining compliance with these policies.
- That your violation and/or refusal to comply with any of these terms may result in the suspension or termination of your membership in the AAO.
- That these rules may, at any time and for any reason determined by the AAO in its sole discretion, be amended or modified without notice.
- That you read and agree to be bound by the terms of AAO Policy 47-02 H – Antitrust Compliance Policy, listed below.
AAO Antitrust Compliance Policy
I. GENERAL POLICY STATEMENT.
It is the policy of the American Association of Orthodontists (“AAO”) to comply fully with all applicable laws, including antitrust laws, to avoid unlawful conduct, and to take steps to support such compliance. AAO leaders, employees, and members should be aware of this Policy, and the particulars of its/these guidelines.
II. STATEMENT REGARDING ANTITRUST LAWS.
Associations such as the AAO provide an important benefit to their members and to the public, including fostering competition. Any time potential competitors are involved in any joint activity, the potential for even unintended prohibited conduct exists. Because the AAO includes potential competitors (i.e., its members), it may be subject to special scrutiny under a number of state and federal antitrust laws. As a result of this scrutiny, the AAO, its leaders, employees and members must do their utmost to avoid even the appearance of the opportunity for improper actions.
Some basic understanding of the antitrust laws is necessary to understand how to avoid such accusations.
Antitrust laws may be enforced by the United States Department of Justice, the Federal Trade Commission, by states that have enacted antitrust legislation, and private parties (i.e., consumers and competitors). Civil and criminal actions may be brought for alleged violations of antitrust laws, and penalties—including fines and even imprisonment—can be severe.
No agreement regarding prices of goods or services should be made or discussed in any way. Price agreements, regardless of the purpose for which they are formed, are strictly prohibited by the antitrust laws. If prices are proven to have been agreed to or “fixed,” it is not a defense that the prices were reasonable or that the reason for the price agreement is justifiable on other grounds such as quality control. Further, because the antitrust laws are criminal statutes, leaders, employees and members of the AAO who actively participate or acquiesce regarding an unlawful price agreement may be held criminally liable.
Similarly, AAO members may not agree, even informally, to allocate or divide patients or customers, or to boycott or refuse to deal with persons or entities. Such activity is strictly prohibited. Further, AAO membership criteria may not be used to deny access to services or information necessary for competition.
This Policy is not intended to be (or contain) an exhaustive listing of all activity that may be considered illegal.
III. GENERAL AAO GUIDELINES.
In order to effectuate compliance with this Policy, AAO leaders, employees and members should adhere to the following procedures whenever possible:
A. Agendas of meetings of the House of Delegates, Board of Trustees, Councils and Committees (and other meetings that potentially concern matters of antitrust significance) should be reviewed in advance by the AAO General Counsel.
- This Policy should be provided to each member of these groups.
- The AAO General Counsel or his/her designee should be present at meetings of these groups where sensitive issues, such as the issues noted in this Policy, may be discussed.
B. In order to avoid even the appearance of the potential for a violation of the antitrust laws, AAO leaders, employees, and members must not discuss certain sensitive subjects at AAO meetings, whether the meeting is formal or informal. The following subjects should not be discussed at any AAO meeting:
- Establishing or fixing prices for services they provide;
- Establishing or fixing of employee salaries;
- Allocating or restricting markets; or,
- Boycotting a certain company or entity because of its pricing or distribution practices.
Informal discussions regarding any of the foregoing matters should also be avoided. In addition, the foregoing items are meant to be illustrative of subjects that should be avoided, and not exhaustive.
C. Before any AAO leader, employee or member initiates a survey or request for information regarding any subject matter that may be considered to be competitively sensitive (i.e., a member survey regarding fees charged by members or employee salaries), the leader, employee or member must obtain the prior written approval of all appropriate individuals per the AAO’s Policy on Surveys.
Leaders, employees, and members who have questions or concerns about a certain topic or subject addressed in this Policy should direct such questions to the AAO General Counsel and/or their own personal attorney.
IV. MEMBERSHIP POLICIES.
AAO membership policies are designed to be non-discriminatory. AAO policies are designed to be pro-competitive, and not to exclude competitors. AAO membership policies also are designed to avoid:
- Restrictions on dealings with non-AAO members;
- Exclusions from membership;
- Limitations on access to AAO information.
V. PRINCIPLES OF ETHICS.
The AAO Principles of Ethics and Code of Professional Conduct and related Bylaws provisions help to ensure ethical conduct by AAO members, and establish and maintain public confidence in the AAO’s members. They are designed to be reasonable and proportionate in terms of sanctions for violations, and to provide members accused of violations with ample opportunity to be heard. They are designed to avoid any issues relating to competition, and have been clearly communicated to AAO members. Further, the AAO Principles of Ethics and Code of Professional Conduct will not be used:
- To require the refusal to deal with any member who violates the Principles of Ethics and Code of Professional Conduct; and
- As a means to regulate activity if such application would result in an antitrust violation.
Copyright © 2005-2013 American Association of Orthodontists
401 North Lindbergh Boulevard; St. Louis, MO 63141-7816 U.S.A. All rights reserved.
Any rights not expressly granted herein are reserved.