American Acne and Rosacea Society
Revised May 25, 2018
Users who violate these Terms will have their access terminated without prior notice. AARS will not be liable to you or to any third party for any termination or cancellation of your access to, or use of, the website.
AARS reserves the right to revise these Terms from time to time as AARS sees fit. Users should check these Terms periodically. By using the Website after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them.
I. Privacy Issues
III. Conduct of Users
When you visit the website or send e-mails to AARS, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the website satisfy any legal requirement that such communications be in writing.
You agree that you will not: (i) transmit via or through the Website any information, data, text, files, links, software, chat, communication or other materials that is/are or which AARS considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Website or in connection with your use of the Website, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
AARS has no control over and is not responsible for the content of any unaffiliated websites that may be linked to or from the Website. Such websites access from the AARS website is independent from AARS; the links are provided for your convenience only and you access them at your own risk. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by AARS of that third party or of any product or service provided by a third party. Any concerns with respect to other websites should be directed to that website’s administrator or webmaster.
V. Copyrights, Trademarks & Restrictions
The material included herein, including Website design, text, graphics, and the selection and arrangement thereof are copyrighted © by AARS. ALL RIGHTS RESERVED. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
The Website and all materials on the Website, including, but not limited to, images and illustrations are the property of AARS and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by AARS and by copyright law, trademark law, international conventions and other intellectual property laws.
Except as provided in the Terms you may not reproduce, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever, any materials from the Website without AARS’ prior written permission. Any modification of materials, or any portion thereof, or use of materials for any other purpose constitutes an infringement of trademark or other proprietary rights of AARS or third parties.
VI. Authorized Use of Bibliography (“Licensed Materials”)
Authorized Users - Persons Affiliated with AARS including its members in good standing, Grantees, Grantors, Benefactors, employees, consultants and independent contractors (“you” or “your”) regardless of your physical location.
AARS grants you a royalty-free nonexclusive limited license to the Licensed Materials as provided herein. Notwithstanding the limited license, you shall be responsible for compliance with all applicable laws including but not limited to the Fair Use Provisions of the United States Copyright Act and international law. The Licensed Materials may be used for purposes of research, education or other non-commercial use as follows:
Digitally Copy – you may download and digitally copy a reasonable portion of the Licensed Materials. The copy shall display the appropriate AARS copyright ownership and reservation of rights statements.
Print Copy – You may print a reasonable portion of the Licensed Materials provided that the print displays the appropriate AARS copyright ownership and reservation of rights statements.
VII. Access by and Authentication of Authorized Users
You shall be granted access to the Licensed Materials pursuant to the following:
Passwords – You shall be identified and authenticated by the use of usernames and passwords. AARS shall be responsible for issuing and terminating passwords and verifying your status.
You are solely responsible for maintaining the confidentiality of your password(s) and any other code (including user name) used to secure online access and information and you agree that AARS will have no obligations with regard thereto. If you share passwords or security codes (something AARS does not recommend) you will be solely responsible for all actions that such persons might take with respect to the access. If you believe your password or security code has been lost or stolen or someone has gained access to this information without permission, please contact AARS immediately.
VIII. Specific Restrictions on Use of Licensed Materials
Unauthorized Use – AARS shall not knowingly permit anyone other than you, as an Authorized User, to use the Licensed Materials.
Modification of Licensed Materials – You shall not modify or create a derivative work of the Licensed Materials without the prior written permission of the content providers (available via AARS).
Removal of Copyright Notice – You may not remove, obscure or modify any copyright, reservations of rights, or other notices originally included in the Licensed Materials.
Commercial Purposes – Other than as specifically permitted in this Agreement, you may not use the Licensed Materials for commercial purposes, including but not limited to the sale, rental, lease, loan, or any other manner of distribution or bulk reproduction in any form.
IX. Notice and Take Down Procedures
If you believe any materials (Licensed or otherwise) on the Website infringe your copyright or trademark rights, you may request such materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact us and provide the following information:
- A clear statement identifying the works, or other materials believed to be infringed.
- A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
- Sufficient information about the location of the allegedly infringing materials so that AARS can find and verify its existence.
- Your name, telephone number and e–mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
AARS agent for notice of copyright issues on the Website can be reached as follows:
201 Claremont Avenue
Montclair, NJ 07042
Attn: Legal Department
(ref: Copyright Infringement)
OR via email: firstname.lastname@example.org provided that delivery is confirmed through electronic receipt.
By using the Website, you agree to indemnify the AARS for any and all claims, damages, losses, liabilities and causes of action (including expenses and reasonable attorneys’ fees) arising out of or relating to your breach or alleged breach of these Terms (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. AARS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
XI. Disclaimer, Limitation of Liability
THIS WEBSITE IS PROVIDED BY AARS ON AN “AS IS” AND “AS AVAILABLE” BASIS. AARS MAKES NO CONDITIONS, REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE (1) OPERATION OF THE WEBSITE, (2) QUALITY, ACCURACY, TIMELINESS, OR VALIDITY OF INFORMATION OR MATERIALS (LICENSED OR OTHERWISE) OR ANY PART THEREOF, (3) WHETHER THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT USE OF THE WEBSITE AS AT YOUR SOLE RISK.
AARS IS NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE, EVEN IF THOUGH YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE AARS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US $1.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
AARS may, in its sole discretion, terminate or suspend your access to all or part of the Website, for any reason, including without limitation, breach of these Terms. In the event these Terms are terminated, the restrictions regarding materials appearing on the Website, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. In the event that you are dissatisfied with the services provided by AARS, your sole remedy is to terminate your use of the Website.
AARS operates the Website from its offices within the United States. AARS makes no representations that content and materials (Licensed or otherwise) on the Website are legal or appropriate for use from outside the United States. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Website in violation of U.S. export laws and regulations.
These Terms will be governed by and construed in accordance with the laws of the New Jersey, as it is applied to agreements entered into and performed therein. Any action brought to enforce these Terms or matters related to the Website will be brought in either the State or Federal Courts of New Jersey; provided, however, that notwithstanding anything contained in these Terms to the contrary, AARS shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce AARS’ rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Website must be commenced within one (1) year after the claim arises. If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and AARS concerning your use of the Website.
XIV. Comments, Complaints, and Questions
We welcome your feedback about the Website. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Website shall be and remain the exclusive property of AARS, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these Terms, please contact us.