February 19, 2020
1. ACCEPTANCE OF TERMS
3. USE OF THE SITE AND SERVICES
4. USER CONDUCT
- using the Site and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights, intellectual property rights, or data privacy rights;
- reproducing, duplicating, copying, modifying, selling, re-selling, or exploiting any Content or the Site and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal business decisions, without the express written consent of AAST;
- posting irrelevant Content, repeatedly posting the same or similar Content or otherwise imposing an unreasonable or disproportionately large load on our infrastructure, interfering or attempting to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
- harassing, threatening, intimidating, impersonating, or attempting to impersonate any other person, falsifying your contact or other information, misrepresenting a relationship with any person or entity, including misrepresenting a relationship with AAST;
- knowingly providing or submitting false or misleading information;
- using the Site and Services if you are under the age of eighteen (18);
- attempting to gain unauthorized access to the Site and Services, other user accounts, or other computer systems or networks connected to the Site and Services;
- using the Site and Services in any way that could interfere with the rights of AAST or the rights of other users of the Site and Services;
- attempting to gain unauthorized access to any portion or feature of the Site and Services, or any other systems or networks connected to the Site and Services, or to any server used by AAST by hacking, password “mining,” or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Site and Services user;
- transmitting or submitting any transmission or other materials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden the Site and Services;
- accessing, downloading, monitoring, or copying any information contained on our Site and Services through artificial means; or
- probing, scanning, or testing the vulnerability of the Site and Services or any network connected to the Site and Services or breaching the security or authentication measures on or of the Site and Services or any network connected to the Site and Services.
5. AAST MEMBERSHIP
6. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Site and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Site and Service, you agree to (a) provide AAST with true, accurate, current, and complete information as prompted by the AAST’s registration forms when registering for or using the Site and Services, and (b) update and maintain the truthfulness, accuracy, and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
7. SUBMITTING CONTENT
As a condition of submitting any Content or other materials to the Site or Services, you agree that:
- you grant to AAST a royalty free, perpetual, irrevocable, universal, nonexclusive, transferable license to use, reproduce, copy, sublicense, adapt, modify, merge, distribute, publicly display, create derivative works from and incorporate such Content into other works;
- you grant to AAST all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- AAST may, in its sole discretion, choose not to post job postings; and
- you will not submit any Content that may be considered by AAST to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violate any relevant law or right of any other party, or are racially, ethnically or otherwise objectionable.
8. PUBLICATION AND DISTRIBUTION OF CONTENT
AAST may display advertisements and other information adjacent to or included with Content submitted by you. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
9. TERMINATION OF ACCESS
AAST may terminate your privilege to use or access the Site and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and Services and agree not access or make use of, or attempt to use, the Site and Services. Furthermore, you acknowledge that AAST reserves the right to take action to block, nullify, or deny your ability to access the Site and Services. You understand that AAST may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to AAST.
10. TRADEMARKS AND COPYRIGHTS
AAST, and other Site and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks, service marks, or trade dress of AAST in the U.S. and/or other countries. These trademarks, service marks, and trade dress may not be used, including as part of trademarks, service marks, and/or domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Site and Services is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Site and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations, and software are the exclusive property of AAST and/or its licensors and are protected by all United States and international copyright laws.
12. NOTICE AND PROCEDURE FOR MAKING COPYRIGHT CLAIMS
AAST respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site and Service who are infringers.
Notifying AAST of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “DMCA Notification Dept.” at firstname.lastname@example.org that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a detailed description of where the material that you claim is infringing is located or found on the Site and Services;
- 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, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Providing AAST with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at email@example.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney. We will need the following information from you:
- an electronic or physical signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
- a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which that address is located, or if your address is outside the United States, for any judicial district in which a service provider may be found, and that you will accept service of process from the person who provided the original notice.
12. DELAYS AND ACCESSIBILITY
The Site and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. AAST is not responsible for any delays, failures, or other damage resulting from such problems.
13. WARRANTIES AND DISCLAIMERS
You acknowledge that AAST has no control over, and no duty to take any action regarding: which users gain access to or use the Site and Services, what effects the Content on the Site and Services may have on you, how you may interpret or use the Content on or the Site and Services, or what actions you may take as a result of having been exposed to the Content on the Site and Services. You release AAST from all liability for your having acquired or not acquired Content or information through the Site and Services. The Site and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. AAST makes no representations concerning any content contained in or accessed through the Site and Services, and AAST will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site and Services. AAST makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF AAST, COMPUTER VIRUS, OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL AAST OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL AAST OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USERS OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AAST OR THROUGH OR FROM THE SITES AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, AAST DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY BUSINESS RELATIONSHIPS INITIATED BY YOU THROUGH AFTER REVIEWING THE SITE AND SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE AND SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITES AND SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AAST’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AAST USES REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND AAST HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
16. YOUTUBE DISCLAIMER
THE AAST YOUTUBE CHANNEL (CURRENTLY RECOGNIZED AS "traumadoctors7544") IS NOT INTENDED TO, AND DOES NOT, PROVIDE MEDICAL ADVICE. All content available on or through this channel is presented for general informational and educational purposes only. This content is not, and must not be regarded as, a substitute for obtaining medical advice, diagnosis, or treatment by a qualified professional healthcare provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen on this channel.
Except for any statements specifically and explicitly identified as expressing a policy or position officially approved by the American Association for the Surgery of Trauma (the "AAST"), the information contained in the videos posted to this YouTube channel represent the views and opinions of the original creators of such videos and does not represent the views or opinions of the AAST.
The AAST does not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the videos or the information contained therein, and AAST does not warrant the performance, effectiveness, or applicability of any sites listed or linked to in any such videos. The AAST expressly hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the contents of this YouTube channel, which is provided as is, and without warranties of any kind.
The mere appearance of videos on this channel does not constitute an endorsement by AAST or its affiliates of such videos or the contents thereof. The AAST does not recommend or endorse, and disclaims all liability relating to, any particular products, procedures, opinions, or other information presented or referred to on or through this YouTube channel (including but not limited to the content of any advertisement that may be displayed in connection therewith).
15. LIMITATION OF LIABILITY
18. ENTIRE AGREEMENT
19. ARBITRATION; CLASS ACTION WAIVER
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR AAST MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR LITIGATE IN COURT OR ARBITRATE AS A MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
20. GOVERNING LAW
22. CONTACTING US