MyAPHA Terms of Service
The Alliance of Professional Health Advocates (APHA) and DiagKNOWsis Media (parent company)
As outlined here, the use of “APHA” and “DiagKNOWsis Media” may be used interchangeably.
APHA’s Online Resources consist of these websites and all content, software, databases and associated services provided in connection therewith. APHA’s Online Resources are intended to support the understanding, assessment, measurement, and improvement of internal processes within our organization. Your access to and use of APHA’s Online Resources is strictly limited to this purpose.
All rights not expressly granted to you herein are reserved to APHA, and all uses of APHA’s Online Resources not expressly permitted hereunder are prohibited.
Generally, APHA grants you a limited, non-exclusive, terminable, non-transferable license to access and use APHA’s Online Resources, including any updates, enhancements, new features, and/or the addition of any new content as it becomes available. Some of the content available in APHA’s Online Resources is subject to specific license terms, which may vary from the foregoing and which are included with the specific content to which they apply (e.g. Process Classification Frameworks). All such content is subject to the license terms that accompany it, as well as these Terms of Service to the extent not in conflict with the specific license.
Except as may be provided by separate agreement or license between you and APHA, or where other license terms apply to specific content, you may not publicly distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any or any part of APHA’s Online Resources.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, and “look and feel” of APHA’s Online Resources, are owned and/or licensed to APHA and are protected by U.S. and international intellectual property laws.
No Unlawful or Prohibited Use
You shall not use APHA’s Online Resources for any improper purpose. For example, you shall not:
- Use APHA’s Online Resources in violation of any applicable law, rule or regulation;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through APHA’s Online Resources in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Advertise or offer to sell or buy any goods or services for any purpose in connection with APHA’s Online Resources;
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Restrict or inhibit any other user from using and enjoying APHA’s Online Resources;
- Harvest or otherwise collect information about other users, including e-mail addresses;
- Create a false identity;
- Reverse-engineer any software, system or process;
- Employ a bot or other automated tool to make downloads of content; or
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of APHA’s Online Resources.
Violation of any of these Terms of Service may result in the immediate suspension or termination of your access to and use of APHA’s Online Resources.
Links to Other Non-APHA or Non-DiagKNOWsis Media Sites
APHA’s Online Resources may contain links to independent, third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our member-visitors. Such Linked Sites are not under APHA’s control, and APHA is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. APHA shall not be responsible or liable for the content, or your use or access, of any Linked Sites.
Member Account, Password, and Security
If any of APHA’s Online Resources requires registration or a specific registration profile you must complete the registration process by providing current, complete, and accurate information as prompted by the applicable registration form.
You are responsible for maintaining the confidentiality of your password and account access privileges. Furthermore, you are responsible for all activities that occur under your account. You agree to notify APHA immediately of any unauthorized use of your account. APHA will not be 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. However, you may be held responsible for losses incurred by APHA or another party due to someone else using your account or password.
Termination of Service
Your access to and use of APHA’s Online Resources may be terminated in the event you cease to be an APHA Member. APHA reserves the right, in its sole discretion, to terminate or restrict your access to and use of APHA’s Online Resources or any portion thereof at any time, for any reason, without prior notice.
Should you decide to terminate your service on your own before its expiration date (decide you no longer want to maintain your membership), you are expected to notify us in writing (email or postal) of your decision. In some cases, but not all, APHA will refund part of your membership dues, minus fees, according to our current refund / reimbursement schedule. (See item “P”.)
No Uptime Guarantee
APHA will use reasonable skill and due care to maintain 24/7 availability of APHA’s Online Resources. However, APHA does not warrant and makes no guarantee that APHA’s Online Resources will be available to all users at all times. APHA’s Online Resources may become temporarily unavailable to some or all users on account of inclement weather, technical or engineering difficulties, power failures, civil disturbance, fire, flood or other causalities, and for planned and unplanned system maintenance.
APHA disclaims all liability on account of any service disruption or the unavailability of any of APHA’s Online Resources.
Disclaimer of Liability
OUR ONLINE RESOURCES MAY INCLUDE INACCURACIES, INCLUDING WITHOUT LIMITATION, TYPOGRAPHICAL ERRORS, MISSPELLINGS, ERRORS IN TRANSCRIPTION OR TRANSLATION, MISCALCULATIONS, TECHNICAL FAULTS AND GLITCHES, AND MAY BE INCOMPLETE. CHANGES ARE PERIODICALLY MADE TO THE CONTENT OF APHA’S ONLINE RESOURCES. APHA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE ONLINE RESOURCES AT ANY TIME WITHOUT NOTICE.
APHA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND RELATED MATERIALS CONTAINED WITHIN APHA’S ONLINE RESOURCES. ALL SUCH INFORMATION, PRODUCTS, AND RELATED MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. APHA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO HOLD APHA, AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF APHA’S ONLINE RESOURCES.
YOU AGREE THAT APHA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY. YOU AGREE THAT APHA IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN APHA’S ONLINE RESOURCES BY ANY THIRD PARTY.
IN NO EVENT SHALL APHA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF APHA’S ONLINE RESOURCES, WITH THE DELAY OR INABILITY TO USE APHA’S ONLINE RESOURCES, THE PROVISION OF OR FAILURE TO PROVIDE APHA’S ONLINE RESOURCES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED MATERIALS CONTAINED IN APHA’S ONLINE RESOURCES, OR OTHERWISE ARISING OUT OF YOUR USE OF APHA’S ONLINE RESOURCES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF APHA OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF APHA’S ONLINE RESOURCES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING APHA’S ONLINE RESOURCES.
We may modify these Terms of Service at any time; provided, however, that if these Terms of Service are subject to another written agreement between you and APHA, any modification shall apply only to the extent permitted by that other agreement.
The invalidity of any term or condition herein shall not invalidate any other term or condition.
The laws of the State of Florida, excluding its conflict of laws rules, shall govern any dispute arising out of or in any way relating to your use of APHA’s Online Resources or these Terms of Service. All claims arising out of or in any way relating to your use of APHA’s Online Resources or these Terms of Service shall be brought exclusively in the federal or state courts located in Lake County, Florida, USA, and you consent to personal jurisdiction in such courts.
Copyright & Trademark Notices
All contents of this APHA site, and all other APHA sites are: Copyright © 2009 to 2021 by APHA and/or its suppliers, PO Box 491073, Leesburg, Florida 34749.