Terms of Use – Ohio Academy of Family Physicians

Introduction: Agreement to be Bound
Use of the Ohio Academy of Family Physicians (OAFP) website (ohioafp.org) and the OhioAFP app, is subject to these Terms of Use (“Terms”). Please read these Terms carefully before using the website or app. BY ACCESSING OR USING THE WEBSITE OR APP, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS.

The OAFP reserves the right to revise these Terms at any time and from time-to-time at its sole discretion by posting revised Terms on the website. Your continued use of the website and app indicates your acceptance of all terms and conditions contained in the Terms posted at the time of your use.

Unless otherwise expressly provided in these Terms, all information, material, content, and intellectual property contained on the website or app, including, without limitation, the OAFP’s trademarks, service marks, and logos, (collectively, the “OAFP content”) is the property of the OAFP, its affiliates, and third-party licensors and is protected by applicable United States copyright and trademark law, as well as other federal, state, local, and international laws and regulations. Use of the OAFP content is subject to all such laws and regulations, as well as these Terms.

Grant of License
The OAFP grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the website and app for your personal, non-commercial use only, subject to your acceptance of, and compliance with, these Terms. Subject to the limitations and restrictions provided in these Terms, material contained on the website or within the app may be downloaded, viewed, and printed for your personal and non-commercial use, provided that all trademark, copyright, and other proprietary notices appearing in such material is retained. All other rights not expressly granted in these Terms are hereby reserved by the OAFP.

Restrictions
Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, license, sell, create derivative works from, transmit, distribute, display, market, deconstruct, or reverse engineer any portion of the OAFP content in any manner without the prior written permission of the OAFP. Further, you shall not (a) engage in any unlawful, false, misleading, offensive, obscene, threatening, harassing, or abusive activities or postings on the website or app; (b) post, input, or upload to the website or app any data or information containing viruses or any other computer code, or corrupt files or programs that are intended to damage, disrupt, interfere with, or destroy the performance or function of, or access to, the website or app; or (c) enter, transmit, use, access and/or disclose any Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996, as amended) on or via the website or app; or (d) frame or use framing techniques with respect to OAFP Content on the website or app.

Third Party Content
The OAFP does not claim ownership of, or responsibility for, any information, materials, comments, statements, services, products, or other posts by you or any other third parties on the website or app (“Third Party Content”). The OAFP makes no representations, warranties, or guarantees with respect to the accuracy, quality, timeliness, confidentiality, or security of any such Third Party Content; has no obligation to review, correct, or update any Third Party Content; and is not liable for any inaccuracies or errors therein. Should you wish to use any Third Party Content, you must first obtain the written permission from the third party owner thereof.

Third Party Links
The website or app may also contain links to other third party websites and resources (“Third Party Links”). Third Party Links are provided solely for your convenience and are not and should not be construed as endorsement by the OAFP of the content, information, services, or other material contained on such Third Party Link, and the OAFP makes no representation or warranty as to the accuracy, quality, timeliness, confidentiality, or security thereof.

Disclaimer
The website and app content therein is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, the OAFP makes no representations or warranties of any kind, express or implied, with respect to any content therein, including, without limitation, completeness, accuracy, an implied warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property rights of third parties.

Limitation of Liability
To the fullest extent permitted by applicable law, neither the OAFP nor any of its affiliates shall be liable for any direct, indirect, incidental, or consequential damages or lost profits resulting from or arising out of the use of, or inability to use the website or app, and/or any of the content, advertising, or other materials contained on the website and app, even if the OAFP has been previously advised of the possibility of such damages.

Indemnification
To the fullest extent permitted by applicable law, you shall indemnify, defend, and hold harmless the OAFP and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, law suits, and other actions, resulting from or arising out of the use, or inability to use the website or app, and/or your violation of these Terms, including any liability, expense, cost, losses, and damages (including, without limitation, reasonable attorneys’ fees).

Privacy and Other OAFP Policies
The OAFP Privacy Policy is incorporated into these Terms and governs the use of all data and personal information collected by the OAFP by reason of your access and use of the website and app. In the event of any conflict between these Terms and the provisions contained in any other terms and conditions applicable to certain portions of the website or app, the provisions of those terms and conditions shall control.

Governing Law; Jurisdiction and Venue
These Terms and all matters and disputes arising out of the website or app shall be governed by and construed in accordance with the laws of the state of Ohio without regard to its conflicts of laws principles. You hereby agree that any dispute, law suit, or other action arising out of the website or app shall be instituted and resolved solely in a state or federal court of competent jurisdiction located in the state of Ohio.

Waivers
No waiver, expressed or implied, once or more often, by the OAFP of any right or remedy it may have with respect to these Terms, nor its failure to enforce any provision of these Terms, shall constitute or be deemed a waiver of any other right or provision hereunder.

Severability
If any part of these Terms is found by a court of competent jurisdiction to be unlawful, unenforceable, or invalid, all other parts shall remain in full force and effect.

International Use
The OAFP makes no claim or warranty with respect to access or use of the website or app, including, without limitation, the OAFP 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.

Digital Millennium Copyright Act
The OAFP respects the intellectual property of others. It will investigate and process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Copyright Agent and provide the information below. To be effective, your claim notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site (preferably including a specific URL where such material can be found);
information reasonably sufficient to contact you, such as your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner (or are authorized to act on behalf of the copyright owner) whose copyright is allegedly infringed.

Please send the above copyright information to:
Ohio Academy of Family Physicians
4075 N. High St.
Columbus, OH 43214
Phone: 614.267.7867
Email: mail@ohioafp.org

The OAFP will, in appropriate circumstances, suspend or terminate the rights of repeat infringers to post on this site. If you believe that a person posting information on the site is a repeat infringer, please follow the instructions above to contact the OAFP and provide information sufficient for us to verify such repeat infringement.

For questions or concerns about this Policy, please contact mail@ohioafp.org.

Last updated: March 2024