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Terms of Use

 

AMERICAN OSTEOPATHIC INFORMATION ASSOCIATION (AOIA)
DATA LICENSING AND TERMS OF USE AGREEMENT (TOUA)
Official Physician Profile Report

IMPORTANT: Requesting Organization, a corporation which has registered and been granted authorized status by the AOIA, agree that the Official Physician Profile Report (Report) is intended to assist authorized parties verify the credentials of osteopathic physicians. By checking the box below, the Requesting Organization specifically acknowledges and agrees that:

  1. Use of this site and the information contained herein is governed by the provisions of this Data Licensing and Terms of Use Agreement ("TOUA"). The TOUA is an enforceable and lawful contract between the Requesting Organization and the AOIA, which the Requesting Organization has entered into voluntarily and by which the Requesting Organization intends to be bound. The Requesting Organization further acknowledges and agrees that the AOIA is relying upon the Requesting Organization's acceptance of the TOUA in granting it access to this site and the data contained herein;
  2. The Requesting Organization will not share this Report, or any information the Requesting Organization receives as a result of its access, with any other entity, and will take all necessary steps to maintain the complete confidentiality of all information contained in the Report, as well as any other information the Requesting Organization obtains through its access to this site;
  3. The information contained in the Report is granted for sole use by the Requesting Organization subject to the TOUA;
  4. The Requesting Organization will not disclose, share, transfer or reveal any information contained in this Report to any outside party without prior express written consent from the AOIA, or upon an appropriate court order issued by a court of competent jurisdiction.
  5. Any use of the information contained in the Report, other than as set forth in this TOUA, shall be considered an unauthorized use. Unauthorized use will result in the immediate loss of your authorized Requesting Organization status and no further Reports will be furnished to the individual who requested the Report on behalf of the authorized Requesting Organization, or to the Requesting Organization, by the AOIA.
  6. The AOIA makes every effort to ensure that each Report is as accurate and complete as possible, based on the most currently available data. The AOIA relies on primary sources for timely and accurate reporting of professional information. However, errors and delays can occur in reporting and data processing. Therefore, the AOIA makes no warranty as to the accuracy, completeness, or timeliness of the information contained in the Report. By accepting the terms of the TOUA, the authorized Requesting Organization releases the AOIA from any and all liability for inaccurate, incomplete, or out of date information contained in the Report.
  7. This TOUA is governed by Illinois law, and by using this site, the Requesting Organization agrees to submit itself to the jurisdiction and venue of state courts sitting in the City of Chicago, Cook County, Illinois, or the federal courts in the Northern District of Illinois, for any matters or any disputes related to the enforcement of the TOUA and the use of this site.

Please read the entire TOUA carefully before accessing or using the Report. The AOIA will provide the Requesting Organization access to this service only on the condition that it completes the registration process and agrees to the TOUA EACH TIME IT ACCESSES THE REPORT. THE REQUESTING ORGANIZATION UNDERSTANDS AND AGREES THAT AT EACH ACCESS, IT IS BOUND TO THE THEN EXISTING TERMS AND CONDITIONS OF THE TOUA WHICH THE AOIA HAS THE RIGHT TO AMEND FROM TIME TO TIME AND WITHOUT PRIOR NOTICE IN AOIA'S SOLE DISCRETION.

  1. CHANGES OF TERMS

    The AOIA reserves the right to amend the TOUA at any time, and will signal a change by posting the date of the update on the TOUA. The Requesting Organization expressly acknowledges that such notice of change constitutes sufficient notice and further acknowledges that the Requesting Organization will, from time to time, review the site to inform itself of any changes made to the TOUA. The Requesting Organization waives any defenses it may raise as to notice of any changes made to the TOUA. By accessing and using the Report and/or any AOIA Data, the Requesting Organization agrees that any amendments to the TOUA are immediately effective and binding upon itself upon posting unless otherwise provided by the AOIA. The current TOUA is effective as of May 16, 2017.
  2. GRANT OF LICENSE

    The AOIA hereby grants to the Requesting Organization a limited, non-exclusive license to access a subset of the AOIA Data through its website and the Report service solely to verify the professional medical credentials of an osteopathic physician.. The use of the AOIA Data for any other purpose is strictly prohibited under the TOUA, and shall be deemed a violation of the TOUA that may lead to immediate revocation of this limited license. The "AOIA Data" means information from AOIA's database relating to professional medical credentials of all osteopathic physicians.For registration purposes, a Requesting Organization is limited to the use of one email address. The AOIA reserves the right to adjust the number of allowed searches and/or associated time period at the AOIA's sole discretion. The AOIA Data the Requesting Organization obtains from the Report may not be sold, redistributed, copied or otherwise provided to any other person or entity. The AOIA Data may not be used for the benefit of the Requesting Organization's customers or its clients. The Requesting Organization may not link the Report to any other website. The Requesting Organization may not refer to or include the AOIA Data in any publication, including internet publications. The Requesting Organization further agrees that the AOIA may immediately terminate the Requesting Organization's access to the AOIA Data if the Requesting Organization violates any terms of this TOUA, or any of the limitations or prohibitions on the use of the AOIA Data.

    Any person or entity seeking to use the AOIA Data or information obtained from the Report in any manner other than as set forth in the TOUA shall be required to contact the AOIA for such permission which shall only be granted in the AOIA's sole discretion and shall only be effective if the permission is given in writing, signed by the designated representative of the AOIA and subject to such terms and conditions as my be imposed by the AOIA.

    THE AOIA RESERVES THE RIGHT AT ITS SOLE DISCRETION TO BLOCK ACCESS TO THE REPORT AND THE AOIA DATA TO ANY PERSON OR ENTITY.
  3. DISCLAIMER OF ALL WARRANTIES

    NEITHER THE AOIA NOR THE MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE AOIA DATA PROVIDED UNDER THIS TOUA, AND EXPRESSLY DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESS, CONCERNING THE ACCURACY OR ADEQUACY OF THE AOIA DATA, WHICH IS PROVIDED TO YOU ON AN "AS IS" BASIS.
  4. INDEMNIFICATION

    The Requesting Organization agrees to defend, indemnify and hold harmless the AOIA and the and their current and former directors, officers, employees and agents from and against any special, direct, or indirect damages, costs and expenses, including reasonable attorneys' fees, incurred in connection with any claims that may arise from the Requesting Organization's access to, or use of, the AOIA Data and the Report.
  5. LIMITATION OF LIABILITY

    In no event shall the AOIA be liable for damages of any type arising from the Requesting Organization's use of the AOIA Data and the Report, including, without limitation, special, indirect, incidental or consequential damages, whether in contract, tort, or otherwise, and whether or not the AOIA has been advised of the possibility of such damages. In any case, the AOIA' maximum liability to the Requesting Organization for any reason under the TOUA shall be limited to the License Fees, if any, paid by the Requesting Organization to the AOIA for access to the AOIA Data hereunder.
  6. INTELLECTUAL PROPERTY RIGHTS; INJUNCTIVE RELIEF

    The Requesting Organization agrees that, as between itself and the AOIA, the AOIA owns all intellectual property rights to the AOIA Data and any materials generated by the Requesting Organization using the AOIA Data including, without limitation, all copyrights, trademarks and similar proprietary rights available under the laws of the United States or the State of Illinois and the Requesting Organization agrees that any and all repackaged, reproduced, or derivative works of any nature which include the AOIA Data shall irrevocably be subject to the rights of the AOIA and the as set forth herein. The Requesting Organization will not contest the AOIA's claims to these rights, nor will it assist others in doing so. The Requesting Organization acknowledges that any use of the AOIA Data other than in accordance with the TOUA would cause the AOIA and the immediate and irreparable harm for which money damages would be an inadequate remedy. The Requesting Organization agrees that in the event it violates the TOUA, the AOIA and the shall be entitled to immediate injunctive relief. The Requesting Organization agrees to waive any requirement that the AOIA or the post a bond to obtain such relief and it further agrees that it will pay all reasonable attorneys' fees incurred by the AOIA or the in obtaining such relief.
  7. MISCELLANEOUS

    a. No Waiver. No waiver at any time of any provision of this TOUA, whether by conduct or otherwise, shall be deemed a waiver of any other provision at that time, or a waiver of that or any other provision of this TOUA at any other time.

    b.Pre-payment on AOAProfiles.org accounts. The Requesting Organization may send funds to the AOIA to keep on deposit for future orders. The AOIA will retain these funds as deferred revenue for all active accounts with activity in the preceding 42 months. After 42 months, AOIA reserves the right to retain the funds unless the Requesting Organization requests a refund.

    c. Severability. If any provision of this TOUA is found invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible by law and all remaining provisions of this TOUA shall remain in force and unaffected.

    d. Survival. The TOUA provisions shall survive and shall continue to be binding on the Requesting Organization following each use by it of the Report for a period equal to the statute of limitations of the State of Illinois for written contracts. The Requesting Organization agrees that its acceptance of the TOUA by checking the box below and proceeding to access this site shall constitute an electronic signature as provided by the Illinois Electronic Commerce Act, 5 ILCS 175, and the Federal Electronic Records and Signature in Commerce Act, 15 USC 7001, each of which the Requesting Organization agrees it has reviewed or has had the opportunity to review prior to accepting the TOUA and prior to accessing the AOIA Data and the Report.

    e. Illinois Law and Jurisdiction. The TOUA shall be deemed to be made in the State of Illinois and shall be governed by Illinois law (without regard to its conflict of law principles). The Requesting Organization consents that jurisdiction and venue for all legal proceedings shall be maintained in federal or state courts located in Cook County, Illinois.

    f. Binding Effect; Assignment. The TOUA is binding upon the Requesting Organization and shall inure to the benefit of the AOIA and its permitted successors and assigns. The Requesting Organization does not have the right to assign this TOUA without the AOIA's prior express written consent. The AOIA may assign its rights under this Agreement, in whole or in part, in its sole discretion.

    g. Communication from the AOIA. By accessing the Report and the AOIA Data, the Requesting Organization agrees that the AOIA or AOA may contact the Requesting Organization at the e-mail address it has provided for educational information about why certification matters. If the Requesting Organization does not wish to be contacted by email, it must opt out of such communications by clicking the "Unsubscribe" button below with each access to the Report and the AOIA Data.

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