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Privacy Policy & Terms of Use | AHA Digital Pulse

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American Hospital Association – Digital Pulse

Privacy Policy | Terms of Use
 
 
 

PRIVACY POLICY

Effective March 1, 2020

Scope

This Privacy Policy (“Policy”) describes how the American Hospital Association, and its subsidiaries and affiliates (referred to as a group as “AHA,” “we,” or “us”) treats personal information on the AHA Digital Pulse platform (the “Platform”). This Platform is operated in the United States and intended for use by individuals who are located in the United States.

INFORMATION WE COLLECT

We collect information from several sources. The information collected depends on how you choose to use our services and our Platform, as detailed below. Here are some examples of the information we may collect:

  • Contact Information. For example, we may collect your name, mailing address, telephone number and email address. We may also collect your mobile phone number.
  • Employment Information. For example, this may include your job title and organizations you are affiliated with.
  • Information You Submit. We may collect information when you send us a message through the “Contact Us” page or similar features on our Platform.
  • Social Media Information. The Platform may contain functionality which enable you to import profile information or contacts from third-party services (e.g., LinkedIn, Facebook, Twitter, Gmail, etc.). If you choose to do this, you may have to log into the applicable third-party account, using that account’s name and password.
  • Information You Post. We may collect information you post in a public space on our Platform. We may also collect information you submit when you interact with other users on our Platform. We may also collect information you leave as feedback or reviews.
  • Demographic Information. We may collect basic demographic information. This may include your birthdate, age, gender and zip code. We may also collect information that could identify you and relates to your hobbies and interests.
  • Account Information. Certain portions of the Platform allow you to create a user account. In connection with that account, we may collect your user name and password. We may also collect information regarding which Platform users or groups with whom you have connected.
  • AHA Membership Information. We may collect information about your membership in AHA or one of our affiliates.
  • Location Information. For example, we may collect precise location information from your device. This may include information about your exact location when you use our Platform. For more information about your options related to the collection of your location information, see the Choices section below.
  • Device Information. For example, we may collect the type of device you use to access our Platform. We may also collect your device identifier, IP address or operating system.
  • Other Information. If you use our Platform, we may (i) store information so that you will not have to re-enter it during subsequent visits; (ii) provide personalized content on AHA.org and to provide targeted advertising on other sites; (iii) monitor effectiveness of marketing campaigns; (iv) record site analytics such as total number of visitors, pages viewed, etc.; and (v) track your entries, submissions and communications.

HOW WE COLLECT YOUR INFORMATION

We collect your information in different ways. Below are some examples of how we may collect your information.

  • Directly From You. For example, when you:
    • Register for an account, or fill in your account profile.
    • Sign up for our newsletter or subscribe to receive other content or notifications.
    • Participate in one of our promotional sweepstakes, contests, surveys, or focus groups.
    • Submit a review or provide feedback on the Platform.
    • Interact with other users, accounts, or groups on the Platform.
    • Post information on content on the Platform.
    • Interact with our social media pages.
  • Passively. For example, when you:
    • Visit and navigate our Platform on any device.
    • Enable location-based features on our Platform.
    • Click on sponsored links or third-party advertisements.

We may also collect information about users over time and across different websites and devices when you use the Platform.

  • From Third Parties. We may receive information about you from other sources. For example, this may include:
    • Receiving information from our business partners, including analytics vendors.
    • Social media sites, including Facebook, Twitter, YouTube, Pinterest, Snapchat and Instagram.
    • Other users of our Platform that submit information to, or about, you.
    • Family, friends and others who provide your information to us because they think you may be interested in our products and services or they want to share a product or service with you.
    • Companies that provide information to supplement what we already know about you, including data aggregators. Certain third parties might link your name or email address to other information they have collected. That might include past purchases made offline or online. It might also include online usage information.
  • By Combining Information. For example, we may combine information that we collect offline with information we collect through our Platform. This may include information that we have collected through your use of other AHA services, or from other AHA affiliated organizations. We may also combine information we collect about you from the different devices you use to access our Platform.

HOW WE USE YOUR INFORMATION

Examples of how we may use your information include:

  • To Run and Improve Our Platform and Organization. We may use your information to make our Platform and organization better. We may also use your information to provide you with information about our organization.
  • To Provide Our Services. This includes using your information to send electronic publications to which you are subscribed. It also includes allowing for the registration and participation in AHA products, services, and communities.
  • To Understand Your Interests. We may use your information to better understand what interests you.
  • To Respond to Your Requests or Questions. This may include responding to your feedback.
  • To Communicate With You. We may communicate with you about your account or our relationship. We may also contact you about this Policy or our Platform terms and conditions.
  • To Determine Your Eligibility. We may use your information to verify your identity or determine your eligibility for some of our products, services and promotions. For example, this may include verifying your age, date of birth and state of residence.
  • For Marketing Purposes. We may provide you with information about our organization and our business initiatives. We might use your information to serve you ads about offers from AHA or our affiliates. We might tell you about new features or updates. These might be third-party offers we think you might find interesting. We may also use your information to send you electronic communications, including through email or text message. We and our partners may engage in interest-based advertising using information gathered across multiple websites, devices, or other platforms. For more information about your choices related to these communications, see the Choices section below.
  • For Security Purposes. This could include protecting our company and consumers who use our products and services. It may also include protecting our Platform. This includes the use of identity-verification technologies, and the review of server logs.
  • As Otherwise Permitted By Law or As We May Notify You.

HOW WE SHARE YOUR INFORMATION

We may share your information in the following ways:

  • Internally. We may share your information with our parent, subsidiary, and affiliate entities.
  • On Our Platform. For example, we may display information that you post to our Platform.
  • With Our Service Providers. We may share your information with third parties who perform services on our behalf. For example, this may include companies that send emails on our behalf or help us run our Platform.
  • With Our Business Partners and Affiliates. This may include including providing your information to our partners and affiliates for their own marketing purposes.
  • With Any Successors to All or Part of Our Organization. For example, if we, or one of our affiliates, merge with, acquires or is acquired, or sells part of our organization to another entity. This may include an asset sale, corporate reorganization or other change of control.
  • To Comply With the Law or To Protect Ourselves. For example, this could include responding to a court order or subpoena. It could also include sharing information if a government agency or investigatory body requests. We might share information when we are investigating a potential fraud.
  • For Other Reasons We May Describe to You.

CHILDREN UNDER 13

The Platform where this Policy is located are meant for adults. We do not knowingly collect personally identifiable data from persons under the age of 13, and strive to comply with the provisions of COPPA (The Children’s Online Privacy Protection Act). If you are a parent or legal guardian and think your child under 13 has provided us with information, please contact us at ip@aha.org. You can also write to us at the address listed at the end of this website Policy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children's privacy on-line here.

CHOICES REGARDING YOUR INFORMATION

You have certain choices about how we use your information. Certain choices you make are browser and device specific.

Marketing Communications:

  • You can opt out of receiving our marketing communications. Note that you will still receive transactional messages from us, including information about your account and responses to your inquiries.

Cookies & Other Tracking Technologies:

  • Your browser may give you the ability to control cookies or other tracking tools. How you do so depend on the type of tool. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.

Our Do Not Track Policy:

  • Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our sites may not work. If you block or reject cookies, not all of the tracking described here will stop.
  • Options you select are browser and device specific.

YOUR CALIFORNIA PRIVACY RIGHTS

If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email at ip@aha.org or write to us at the address listed below. Indicate in your email or letter that you are a California resident making a "California Shine the Light" inquiry.

SECURITY

Please understand that no one can give an absolute assurance that information intended to be maintained as private, whether transmitted via the Internet or otherwise, cannot be accessed inappropriately or unlawfully by third parties. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a computer. We use reasonable means to safeguard personal information under our control. A user id and a password are needed to access certain areas of our Platform. It is your responsibility to protect your username and password.

STORAGE OF INFORMATION

Information we maintain may be stored in or outside of the United States. If you live outside of the United States, you understand and agree that we may transfer your personal information to the United States. This Platform is intended for use in the United States and is subject to the laws of the United States, which may not provide the same level of protections as those in your own country.

LINKS

The Platform may contain links to other websites. These other websites may send their own cookies to users, collect data or solicit personal information. AHA is not responsible for the privacy practices or the content of these other websites. Please check with the other sites to review their privacy policies and how they may collect or use information.

HOW TO CONTACT US

If you have any questions, comments or concerns with respect to our privacy practices or this Policy, or wish to update your information, please feel free to contact us at ip@aha.org or by telephone at 312-422-3000. You may also write to us at the following address:

American Hospital Association
Legal Department - Corporate Affairs
155 N. Wacker Dr., Suite 400
Chicago, IL 60606

Re: AHA Digital Pulse Privacy Policy

CHANGES IN POLICY

From time to time, we may change our Policy. We will notify you of any material changes to our Policy as required by law. We will also post an updated copy on our Platform. Please check our Platform periodically for updates.

 
 
 

TERMS OF USE

Effective March 23, 2020

The American Hospital Association, its subsidiaries and affiliates (referred to as a group as “AHA”) operate various websites, including, without limitation, AHA.org.

  • The term “Online Service” is used in these Terms of Use (the “Terms”) to refer to the Digital Pulse platform (“Digital Pulse” or the “Platform”) operated by AHA and on which these Terms reside and all Content (defined below) and functionality available through this Platform.
  • The term “Content” is used in the Terms to refer to all content on the Online Service, including without limitation data, designs, text, files, graphics, pictures, video, information, applications, software, and other materials, and their selection and arrangement.
  • The term “Services” is used in the Terms to refer to the Online Service and all AHA products, software and services provided on or through the Online Service.
  • The term “User” is used in the Terms to include any party visiting or viewing the Online Service or the Content; sending or supplying information to the Online Service or AHA; or uploading, publishing or displaying information on or through the Online Service.

This Online Service is intended for and applicable only for residents of the United States, age 18 or older. If you are from another jurisdiction or under 18 years of age, you may not use this Online Service. By using the Services or visiting the Online Service, you, a User, acknowledge and agree that you have read, understand and agree to be bound by the terms and conditions set forth in these Terms.

THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AHA. PLEASE READ THE TERMS CAREFULLY.

IN THE EVENT A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND AHA GOVERNS YOUR USE OF ANY CONTENT OR SERVICES, TO THE EXTENT THE TERMS AND CONDITIONS OF THAT AGREEMENT CONFLICT WITH THESE TERMS, THE TERMS OF THAT AGREEMENT SHALL CONTROL.

BEFORE YOU CONTINUE, YOU SHOULD PRINT OR SAVE A LOCAL COPY OF THESE TERMS FOR YOUR RECORDS.

  1. Who Provides the Services

    The American Hospital Association is affiliated with other legal entities. These entities may provide Services on behalf of one another or on behalf of the American Hospital Association. You acknowledge and agree that affiliates or other third parties will be entitled to provide Services to you, in addition to the particular AHA entity with whom you contract or interact.

  2. Your Use of Services

    You agree to use the Services only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other countries). You agree not to access or attempt to access any Services by any means other than through the interface as provided by AHA, unless specifically allowed to do so in a separate written agreement with AHA. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services. You agree not to reproduce, duplicate, copy, sell, trade or resell the Services, unless otherwise agreed to in a separate written agreement with AHA. You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences, including any loss or damage that AHA may suffer, of any such breach.

  3. Code of Conduct

    You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Services and that you will not interfere with the use and enjoyment of the Services by other users or with AHA's management and operation of the Service. Prohibited conduct includes, but is not limited to, the following:

    1. You will not send or otherwise post unauthorized commercial communications on the Online Service.
    2. You will not collect Users' Content or information, or otherwise access the Online Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Online Service.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not do anything that could disable, overburden, or impair the proper working of the Online Service.
    7. You will not facilitate or encourage any violations of the Terms.
    8. You will not post content or take any action on the Online Service that infringes or violates someone else's rights or otherwise violates the law.
    9. You will not post anyone's identification documents, protected health information, or sensitive financial information on the Online Service.
    10. You will not tag Users.
    11. You will not send email invitations or otherwise market or promote the Services or the Online Service to non-Users without AHA's consent.
    12. You will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by AHA.
  4. Access to Certain Services

    In order to access certain Services, you may be required to provide personal information (such as identification or contact details) as part of a registration process. You agree that any registration information you give to AHA will always be correct and current. You agree not to register for any User account or use the Services on behalf of any party other than yourself unless you have the permission of AHA and the legal authority to act as an agent on behalf of another individual or entity.

    The Services may allow users to connect with each other and communicate using the Services’ messaging service and public forums. By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, intentionally misleading, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by AHA; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of AHA, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Online Service, or feature of the Online Service. You further understand and agree that you have no ownership rights in materials you submit to the Online Service, to any account you may have with us, or other access to the Online Service or features therein. AHA may cancel your account and delete all data associated with your account at any time, and without notice, if AHA deems that you have violated these Terms, the law, or for any other reason. AHA assumes no liability for any information removed from our Online Service, and reserves the right to permanently restrict access to the Online Service or a user account.

    PLEASE NOTE: Information you publish on the Services may be available to be viewed by other users. You should not post confidential information without appropriate approvals, and you should never post information that is subject to HIPAA or other laws or regulations.

    You acknowledge you are solely responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You agree that you will be solely responsible to AHA for all activities that occur under your account. You agree to immediately notify AHA of any unauthorized use of your password or account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Online Service. AHA is not 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. AHA shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Online Service.

    AHA may charge for certain products and services. The AHA shall provide you notice prior to the application of such fees or any fee increases.

  5. Privacy and Personal Information

    Click here to review AHA's Privacy Policy that is applicable to Digital Pulse, which is incorporated into the Terms by reference. By accessing the Online Service and the other Services, you acknowledge that you have read and agree to AHA's Privacy Policy, including the use of your information in accordance with AHA's Privacy Policy.

  6. Changes in Services; Denial of Access

    The form and nature of the Services which AHA provides may change from time to time without prior notice to you. You understand that you have no ownership rights in your account or other access to the Online Service or features therein.

    AHA may stop providing the Services (or any features within the Services) to you or to Users generally, including by denying access to your account, at AHA's sole discretion, without prior notice.

    If AHA disables access to your account, you may be prevented from accessing your account details or any files or other Content which is contained in your account or accessible through your account. AHA, at its sole discretion, may set fixed upper limits on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service. AHA may also delete all information associated with your account, including any materials you may have submitted to AHA or the Online Service, at any time, and without notice, for any reason, including if AHA deems that you have violated these Terms, the law, or for any other reason. AHA assumes no liability for any information removed from our Online Service, and reserves the right to permanently restrict access to the Online Service or a user account.

  7. Content in the Services

    You understand that all Content is the proprietary property of AHA, its users or its licensors with all rights reserved. You understand that Content presented to you as part of the Services, including but not limited to Content submitted by third parties and advertisers, as well as User-posted Content, may be protected by intellectual property rights owned by AHA, third-party individuals or other legal entities. You are not allowed to modify, copy, distribute, frame, reproduce, republish, create derivatives based upon, download, display, post, transmit, link, sell, rent, lease, loan or trade any Content, in whole or in part, without written permission from AHA or the rightful Intellectual Property owner, except the foregoing does not apply to your Content that you legally post on the Online Service. Subject to your compliance with the Terms, you may access and use the Online Service and the Content and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

    AHA reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service, and, in its sole discretion, restrict suspend, or terminate your access and use of the Services, Online Service and the Content at any time without notice.

  8. Proprietary Rights

    You acknowledge and agree that AHA, or its licensors, own all legal right, title and interest in and to the Services, including the Content and any intellectual property rights which subsist in the Services, whether registered or not. You acknowledge that the Services may contain information which is designated confidential by AHA and that you shall not disclose such information without AHA's prior written consent. Nothing in the Terms gives you a right to use any of AHA's tradenames, trademarks, service marks, logos, domain names and other distinctive brand features. If you have been granted an explicit right to use AHA's intellectual property in a separate written agreement, you agree that such use shall be in compliance with that agreement.

    You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within the Services. You agree that in using the Services, you will not use any trademark, servicemark, tradename, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

  9. Content License from the User

    You retain copyright and any other rights you already hold in any Content which you submit, post or display on or through the Services. By submitting, posting or displaying the Content you give AHA a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly display and distribute any Content which you submit, post or display on or through the Services. You agree that this license includes a right for AHA to transfer, sublicense, or otherwise make such Content available to other companies, organizations or individuals with whom AHA has relationships. You understand that AHA, in performing the required technical steps to provide the Services to its Users, may (i) transmit or distribute your Content over various public networks and in various media; and (ii) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit AHA to take these actions. You confirm and warrant to AHA that you have all the rights, power and authority necessary to grant the above license.

  10. Website or Software Updates

    The Online Service or software utilized may require automated downloads or install updates from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules or completely new versions. You agree to receive such updates and permit AHA to deliver them to you as part of your use of the Services.

  11. Exclusion of Warranties; Disclaimers

    AHA DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AHA FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE AND ITS CONTENTS AND DOES NOT ENDORSE ANY USER CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AHA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF ANY USER CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCES TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, INCLUDING, BUT NOT LIMITED TO, ADVICE OR INFORMATION REGARDING PROFESSIONAL PRACTICES, STANDARDS OR GUIDELINES, VIA ANY METHOD OF COMMUNICATION, OBTAINED BY YOU FROM AHA SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. AHA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AHA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    Services may include hyperlinks to other websites or content or resources. AHA may have no control over any websites or resources which are provided by companies or persons other than AHA. You acknowledge and agree that AHA is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that AHA is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

  12. Limitation of Liability

    Under no circumstances will AHA or its affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of the Terms or your use of the Online Service. YOU SPECIFICALLY ACKNOWLEDGE THAT AHA SHALL NOT BE LIABLE FOR USER CONTENT, CONTENT PRODUCED BY THIRD PARTIES AND DISPLAYED ON OR THROUGH THE SERVICES, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  13. Indemnity

    You agree to defend, indemnify, and hold harmless AHA, its members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (A) your use of and access to the Online Service; (B) your violation of any provision of the Terms; (C)your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (D) any claim that your Content caused damage to a third party. This section 13 shall indefinitely survive the termination of the Terms and your use of the Online Service.

  14. Digital Millennium Copyright Act

    If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please CLICK HERE follow the instructions.

  15. No Data Rights

    AHA expressly disclaims any liability for lost or deleted Online Service Content or User Content. You shall not rely on AHA for preservation of any Online Service Content or User Content, and shall maintain all User Content in a separate manner. All Online Service Content and User Content is posted on a shared server. Given inherent risks of the internet, you acknowledge that there is no assurance that Online Service Content or User Content will be kept confidential and there is no assurance that Online Service Content or User Content will not be lost or deleted.

  16. Advertisement

    Services provided by AHA may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be prompted by access to content, queries made through the Services or other information. The manner, mode and extent of advertising on the Services are subject to change without specific notice to you. In consideration for AHA granting you access to and use of the Services, you agree that AHA may place such advertising on the Services. In addition, you acknowledge that display of an advertisement or promotion on the Services does not reflect approval or endorsement of the advertiser of any of its products or services by AHA.

    Additionally, AHA, through its affiliated investment funds, may have a financial interest in certain of the third-party providers of products or services on the Platform by virtue of its investments in such third-parties.  Further, the AHA does not endorse, approve, certify, or control any such third party provider or such third party’s website and materials and does not warrant, guarantee or make any representations or warranties regarding the accuracy, completeness, efficacy, timeliness, merchantability, or fitness for a particular purpose of any solution being offered by a third party provider, including any content/data located on such sites or in any materials.  

  17. Changes to these Terms

    AHA may make changes to the Terms from time to time. When these changes are made, any new Terms will be made available to you from within, or through, the Services. You understand and agree that if you use the Services after the date as of which the Terms have changed, AHA will treat your use as acceptance of the updated Terms. If we make changes to these Terms of Use Policy that materially modify our rights, we will notify you to obtain your consent either through an email or a prominent posting on this Web Online Service.

  18. Dispute Resolution; Binding Arbitration and No Class Relief

    Except with regard to the enforceability of the arbitration agreement contained herein, which shall be governed by the Federal Arbitration Act, the Terms, Privacy Policy and any other legal notices published by AHA on the Online Service shall be governed by, construed, and enforced in accordance with the laws of the state of Illinois, without regard to conflict of law principles.

    In the unlikely event an issue arises, except in relation to intellectual property rights as set forth above, AHA and the User each agree to resolve any dispute arising out of or relating to, in any way without limitation, the Terms, the Privacy Policy, or the use of the Online Service, through binding arbitration with no class relief, instead of in courts. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Any arbitration under this provision will take place on an individual basis; class arbitrations and class actions are not permitted. The arbitration shall occur in Chicago, Illinois unless the parties mutually agree in writing to an alternate location. Unless the parties mutually agree to the contrary in writing, the decision of the arbitrator(s) shall be final and binding upon both parties, except for any right of appeal provided by the Federal Arbitration Act. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

    BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

    Failure by AHA to enforce any provision(s) of the Terms shall not be construed as a waiver of any provision or right. If any provision of the Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The User may not assign, transfer, or otherwise convey any rights granted hereunder; provided that, AHA may assign any of the foregoing without notice or prior written consent. The Terms shall inure to the benefit of AHA, its successors and assignees. The Terms, the Privacy Policy, and any other legal notices published by AHA on the Online Service, shall constitute the entire agreement between you and AHA regarding use of the Online Service.

    The failure of AHA to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of AHA, shall not be deemed a breach of these Terms.

    These Terms constitute a binding agreement between you and AHA, and is accepted by you upon your use of the Online Service or your account. These Terms constitute the entire agreement between you and AHA regarding the use of the Online Service and your account. By using the Online Service you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

  19. Contact Information

    If you have any questions or comments about these Terms, please send an email to ip@aha.org.