Code of Conduct

Terms of Use and Code of Conduct

Welcome to The American Cleft Palate-Craniofacial Association ("ACPA", "we" or "us") website and online community. We encourage collaboration and constructive communication among professionals who treat individuals with oral cleft and craniofacial conditions. To ensure the best possible experience for all members, we have established the following terms of use and code of conduct. These terms of use and code of conduct, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.community.acpa-cpf.org, including the online community and any content, functionality and services offered on or through www.community.acpa-cpf.org (the "Community" or "Community Website").

Terms of Use
Acceptance of Terms
By logging in and participating in the Community and by clicking to accept or agree to the Terms of Use when this option is made available to you, you agree that you have read and will follow these Terms of Use and our Privacy Policy set forth below. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Community.  

Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion by posting the new language on the site at http://community.acpa-cpf.org/codeofconduct. All changes are effective immediately when we post them, and apply to all access to and use of the Community thereafter. Your continued use of the Community following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

The Community Application
The Community Website is hosted on an online application that allows ACPA members, ACPA National Office Team Members, and anyone invited by the ACPA Leadership to participate in discussion groups, document libraries, and other features. At some point, additional communities (like a committee or board community) might be made available to certain subsets of members. The Community Website is for members of the ACPA, ACPA National Office Team Members, and anyone invited by ACPA Leadership.

 Accessing the Community and Community Account Security
We reserve the right to withdraw or amend the Community Website and any other service or material we provide on the Community Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Community Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Community Website, or the entire Community Website, to users, including registered users.

When you provide or update your profile, you provide details or other information. It is a condition of your use of the Community that all the information you provide in your profile is correct, current and complete. You agree that all information you provide to register with the Community is governed by our Privacy Policy set forth below, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must treat the user name and password for access to the Community as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Community account is personal to you and agree not to provide any other person with access to the Community or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Content
The interactive features of the Community allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions").

All User Contributions must comply with the Code of Conduct set out below in these Terms of Use.

Any User Contribution you post to the Community Website will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and their and our respective licensees, successors and assigns.

  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the ACPA, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Community Website.

Reliance on Information Posted
User Contributions and other information made available on the Community Website is solely for general information purposes. The ACPA disclaims all liability and responsibility for and does not endorse User Contributions or other information posted on the Community Website. Users bear all risk of relying on the validity and accuracy of any and all User Contributions and any other information posted on the Community Website. All statements and/or opinions expressed in User Contributions, and all articles and responses to questions and other content, other than the content provided by the ACPA, are solely the opinions and the responsibility of the person or entity providing those statements and/or opinions. These statements and/or opinions do not necessarily reflect the opinion of the ACPA. The ACPA makes no representations or warranties as to the accuracy or completeness of any User Contributions or other such information and expressly disclaims any obligation to update said information. User Contributions are not intended to be professional advice for treating patients. Neither the User Contributions nor any other service offered by the Community is intended to be for medical diagnosis or treatment. Users assume full responsibility for the use of any User Contributions and all other information posted on the Community Website. The ACPA further assumes no liability or responsibility for any errors or omissions in the User Contributions posted on the Community Website. 

Code of Conduct
You may use the Website and the Community only for lawful purposes and in accordance with these Terms of Use. When using the Community or posting User Contributions:

  • Do not use defamatory, abusive, profane, threatening, offensive, harassing, violent or illegal materials or language.

  • Do not include any information or other material protected by copyright without the permission of the copyright owner.

  • Do not violate any applicable federal, state, local or international law or regulation.

  • Do not cause annoyance, inconvenience or needless anxiety or include materials or language likely to upset, embarrass, alarm or annoy any other person.

  • Understand that the discussions and comments are meant to stimulate conversation not to create contention.

  • Do not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Do not violate the legal rights (including the intellectual property rights, rights of publicity and privacy, including HIPAA privacy rights) of others or include any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.

  • Respect the privacy of patients and families when posting content related to a specific case. All posts must be HIPAA compliant.

  • Do not engage in commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. The ACPA understands that there are times when a product needs to be mentioned or discussed. It may also be appropriate to recommend a product or company if such recommendation answers the posted question.

  • Do use caution when discussing products. Information posted on the lists and in the libraries is available for all to see, and comments are subject to libel, slander, and antitrust laws.

  • Do post User Contributions to the most appropriate lists or libraries in the Community. Do not spam several lists or libraries with the same message.

  • Do not give the impression that your User Contributions emanate from or are endorsed by us or any other person or entity, if this is not the case.

  • Do make sure your profile is up-to-date so that your posts include your name, affiliation and location.

  • Do state concisely and clearly the topic of your post in the subject so users can respond appropriately.

  • Do utilize the Reply to Sender link if you have a message - such as ”thank you” – intended for a single recipient--not to the entire list.

  • Do not impersonate any person, or misrepresent your identity or affiliation with any person or organization.

  • Do not post administrative messages, such as remove me, on the Community Website. Instead, use the web interface to change your settings or to remove yourself from a list. If you are changing e-mail addresses, you do not need to remove yourself from the list and rejoin under your new e-mail address. Simply change your settings. 

  • Do not post a survey or conduct research on the ACPA Online Community without approval from ACPA and the ACPA Executive Director.

  • Do not post a job opportunity on the ACPA Online Community without approval from ACPA.

It is important to remember that polite dispute is part of what challenges current thinking and advances patient care. The ACPA has the right to delete any User Contributions at any time and to remove any user from the site, including for posting User Contributions that violate the Code of Conduct or these Terms of Use. 

Monitoring and Enforcement; Termination
The ACPA has the right to edit or remove any content on the Community at any time with no reason or notice. The ACPA does not actively monitor the community for inappropriate postings and does not undertake editorial control of postings, but appropriate action will be taken if any inappropriate posting is brought to the attention of the ACPA.

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Code of Conduct, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Community or the public or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Disclose your identity to enforce these Terms of Use or other agreements that govern use of this site or to protect the rights, property or safety of ACPA, users, or others.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Community.

  • Terminate or suspend your access to all or part of the Community for any violation of these Terms of Use.

  • Delete any post that includes a survey or could be seen as research on ACPA Members or patients. All surveys must be submitted to ACPA (membership@acpa-cpf.org) for approval before they are distributed to ACPA Members. Repeated violations will result in removal from the community.

  • Delete any post that includes a job opportunity. All job postings must be submitted through the ACPA Career Center.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Community. YOU WAIVE AND HOLD HARMLESS THE ACPA AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ACPA /ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE ACPA/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot/do not undertake to review all material before it is posted on the Community, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Privacy Policy
Our Service Providers 
The ACPA may share any users’ personal information with companies (including ACPA affiliates and partners) who perform services on ACPA’s behalf. Service providers are required by contract to protect the confidentiality of the personal information shared with them and to use it only to provide specific services for ACPA.

See Also Monitoring and Enforcement above

Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the ACPA to terminate the user accounts of repeat infringers.  

Intellectual Property Rights
The Community Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), but excluding User Contributions, are owned by the ACPA, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Community Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our the Community Website other than User Contributions you own, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Community Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

  • Modify copies of any materials or User Contributions from this site.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Community Website or any services or materials available through the Community Website.

No right, title or interest in or to the Community Website or any content on the Community Website is transferred to you, and all rights not expressly granted are reserved by the ACPA.

Indemnity
You agree to defend, indemnify and hold harmless the ACPA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Community Website, including, but not limited to, your User Contributions, any use of the Community Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Community Website.

Patient Privacy
Special care should be taken to protect patient privacy through the Community. The Community Website is not intended for the transmission, storage or review of any confidential patient information. While the Community provides a place to discuss optimal modes of management, ACPA does not guarantee that it is secure. Users should take steps to follow all laws governing patient information and confidentiality on the Community Website, including HIPAA. The ACPA is not liable for any violations users commit in regards to patient information.

Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE COMMUNITY WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE COMMUNITY WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMMUNITY WEBSITE IS AT YOUR OWN RISK. THE COMMUNITY WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ACPA NOR ANY PERSON ASSOCIATED WITH THE ACPA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE COMMUNITY WEBSITE.

THE ACPA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
IN NO EVENT WILL THE ACPA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE COMMUNITY WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE COMMUNITY WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMMUNITY WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction
All matters relating to the Website, the Community and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Community shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina in each case located in the County of Orange although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your State of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability
No waiver by the ACPA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the ACPA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement
The Terms of Use, our Privacy Policy and our Copyright Policy constitute the sole and entire agreement between you and the ACPA with respect to the Website and the Community and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Community.