Primary+ Terms and Conditions
This agreement between you and the American Academy of Family Physicians ("AAFP") governs the use of the Primary+ products, software, services, and websites (hereinafter collectively referred to as the "Service"). The following terms and conditions, together with any documents they expressly incorporate (the "Terms") govern your access to and use of the Service, including any content, functionality and services offered on, through or in combination with the Service. It is important that you read and understand the Terms. By logging in, entering or using the Service, or by clicking to accept or agree to the Terms when that option is made available to you, you accept and agree to be bound and abide by these Terms. You may use the Service only for lawful purposes and in accordance with these Terms. If you do not want to agree to these Terms, you must not access or use the Service. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. By consenting to these Terms, you agree that you are providing your legal signature in electronic form, to the extent permitted by applicable law.
AAFP reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Service. If you do not agree with them, you must stop using the Service. Your continued use of the Service will be deemed acceptance of such modifications and additional terms and conditions.
Your Use of the Service
AAFP provides this optional Service to AAFP members (and may offer it to certain other individuals in the future). It permits you to utilize certain Internet services, including: storing your personal content such as professional information, education history, CME information for licensing and certification purposes, procedure history and other user-uploaded content ("Content") and making such Content accessible and sharing it with others via the Service under the terms and conditions set forth in these Terms. You retain full ownership of your Content and license such Content to AAFP for purposes of providing the Service to you and its other activities as outlined herein.
As a user of the Service, you must establish an AAFP account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify AAFP of any security breach of your Account of which you become aware. The Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. AAFP will not be responsible for any claims or losses arising out of the unauthorized use or misuse of your Account due to the activities of third parties outside of AAFP's control or due to your failure to maintain the confidentiality and security of your Account information.
In order to use the Service, you must enter your AAFP ID or user name and password. You must provide accurate and complete information when you register with the Service ("Service Registration Data") and must update your Service Registration Data as needed to keep it accurate and complete and to avoid the possible suspension of your ability to use the Service and/or termination of your Account. AAFP may store and use the Service Registration Data you provide for use in maintaining your Account.
Changing the Service
AAFP reserves the right to modify, suspend or terminate the Service (or any part thereof), either temporarily or permanently. AAFP may post on its website and/or will send an email to the primary address associated with your Account to provide notice of any material changes to the Service. It is your responsibility to check the website and/or your primary email address registered with AAFP for any such notices. AAFP will not be liable to you or any third party for any modification, suspension or discontinuation of the Service or any part thereof.
Requirements for Use of the Service
Use of the Service requires compatible devices, Internet access, and certain software, may require periodic updates, and may be affected by the performance of these factors. AAFP reserves the right to limit the number of accounts that may be created from a device and the number of devices associated with an account. High-speed internet access is highly recommended for optimal use. The latest version of required software is recommended to access the Service and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
Limitations on Use of Service
You agree to use the Service only for purposes as permitted by these Terms and any applicable law, regulation or generally accepted practice in the applicable jurisdiction. Exceeding any applicable or reasonable limitation of bandwidth, or storage capacity may prevent you from adding additional content to the Service. If your use of the Service or other behavior intentionally or unintentionally threatens AAFP's ability to provide the Service or other systems, AAFP is entitled to take all reasonable steps to protect the Service and AAFP's systems, which may include suspension of your Account and/or access to the Service. Violation of these limitations may result in the suspension of your access to the Service and/or termination of your Account.
International Access/Use of the Service
AAFP makes no claim or warranty with respect to access or use of the Service or the Content outside the United States. Any such access or use is at your own risk, and you are responsible for compliance with applicable local laws and regulations.
Your Content is stored in, and can be accessed from the Service; however, you are responsible for maintaining appropriate alternate backup of your information and data.
No Right to Survivorship
Your Account is not transferable, and any rights to your Account or content within your Account terminate upon your death.
Content and Conduct
All Content, whether publicly posted or privately transmitted, on the Service is the sole responsibility of the person from whom such Content originated. This means that you are solely responsible for any Content you upload, download, post, transmit, store or otherwise make available through your use of the Service. You understand that, since AAFP does not control the Content that you post, nor does it guarantee the accuracy, integrity or quality of such Content, your use of the Service and any Content is solely at your own risk.
Changes to Content
In order to provide the Service and make your Content available thereon, AAFP and its contractors may transmit your Content across various networks, in various media, and may modify your Content to comply with technical requirements of connecting networks or devices or computers. You agree that AAFP and its contractors are authorized to take such actions.
AAFP's Proprietary Rights
AAFP and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service and any software provided to you as part of or in connection with the Service (the "Software"), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms or otherwise as authorized by AAFP.
License from AAFP
AAFP grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by AAFP as part of the Service and in accordance with these Terms, provided that you do not (and likewise do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and do not exploit or burden the Service in any unauthorized way whatsoever. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED BY THESE TERMS, IS STRICTLY PROHIBITED, INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND/OR CRIMINAL PENALTIES OR DAMAGES FOR COPYRIGHT INFRINGEMENT.
You may stop using the Service at any time by deleting your Content. AAFP is not obligated to maintain backups or "shadow copies" of deleted Content.
Disclaimer of Warranties
AAFP, from time to time, may remove or suspend the Service for indefinite periods of time, or may cancel the Service in accordance with these Terms.
The Service is provided on an "as is" and "as available"' basis. AAFP and its affiliates, subsidiaries, officers, directors, employees, agents, contractors and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, AAFP and its affiliates, subsidiaries, officers, directors, employees, agents, contractors and licensors make no warranty that: (i) the Service will meet your requirements; (ii) your use of the Service will be uninterrupted, secure or error-free; (iii) any information obtained by you as a result of the Service will be accurate or reliable; or (iv) any defects or errors in the software provided to you as part of the Service will be corrected.
AAFP does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and AAFP disclaims any liability relating thereto.
Any material downloaded or uploaded or otherwise obtained through use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device, computer, or loss of data that results from the upload of such material. You further acknowledge that the Service is not intended or suitable for use in situations or environments where failure, time delays, errors or inaccuracies in the Content, data or information provided by the Service could lead to death, personal injury, or severe physical or environmental damage.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AAFP DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND AAFP SHALL NOT BE RESPONSIBLE FOR SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE AAFP NOR ANY OF ITS AFFILIATES, subsidiaries, officers, directors, employees, agents, CONTRACTORS or licensors WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS RESULTING FROM OR ARISING OUT OF THE USE OR MISUSE OF, OR INABILITY TO USE, THE SERVICE AND/OR ANY OF THE CONTENT OR OTHER MATERIALS CONTAINED IN THE SERVICE, EVEN IF AAFP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AAFP may, consistent with these Terms, use or disclose information it receives in connection with the Service for purposes related to research, public health, or health care operations in accordance with 45 C.F.R. § 164.514(e). AAFP will use reasonable safeguards to ensure that neither it nor its agents or contractors use or disclose such information in any manner that would constitute a violation of the Health Insurance Portability and Accountability Act of 1996 if done by a Covered Entity, as that term is defined at 45 C.F.R. § 160.103, and to prevent any use or disclosure of such information other than as permitted by these Terms or required by law. AAFP will not use such information to identify or contact any individual disclosed to it solely for purposes of providing the Service. AAFP will report to you, within thirty (30) days of discovery, any use or disclosure of information in violation of these Terms by AAFP, or its agents or contractors, or by a third party to which AAFP disclosed such information. AAFP will obtain and maintain an agreement that satisfies the requirements for a Data Use Agreement, as set forth in 45 C.F.R. § 164.514(e)(4), with each third party that has or will have access to information obtained by AAFP hereunder. AAFP may de-identify any information it receives hereunder, and such resulting de-identified information may be used by AAFP for any lawful purpose and will not be subject to the terms set forth in this paragraph.
You agree to defend, indemnify and hold AAFP, its affiliates, subsidiaries, directors, officers, employees, agents, contractors, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use or misuse of the Service; (c) any violation by you of these Terms; (d) any action taken by AAFP as part of its investigation of a suspected or actual violation of these Terms by you; or (e) your violation of any rights of another. This obligation will survive the termination or expiration of these Terms and/or your use of the Service. You are responsible for all use of the Service using your Account, and these Terms apply to any and all usage of your Account, regardless whether such usage is expressly authorized by you.
These Terms and any dispute arising out of the Service will be governed by and construed in accordance with the laws of the state of Kansas without regard to its conflicts of laws principles. Any dispute, lawsuit, or other action arising out of the Service must be instituted and resolved in a state or federal court of competent jurisdiction located in the state of Kansas.
These Terms constitute the entire agreement between you and AAFP with respect to the subject matter herein and replace any prior agreements between you and AAFP in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content, or third-party software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties and the remaining provisions shall remain in full force and effect. The failure of AAFP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. There shall be no third-party beneficiaries to these Terms, except as otherwise expressly provided herein.
Last revised: September 13, 2016