Terms of Service

Terms of Use: CAPconnect

CAPconnect (referred to in these Terms of Use as the “Site”) is a website owned and operated by College of American Pathologists (referred to herein as the “Site Operator”, “we”, “us” or “our”).  These Terms of Use constitute a legally binding contract between the Site Operator and the party who establishes the member account required for access to the Site (referred to herein as “you” or “your”)

Please read these Terms of Use (also sometimes referred to herein as the “Terms”) carefully before using this site. By accessing and using the Site  and materials, you acknowledge and agree to abide by the following Terms of Use. If you do not agree to these Terms, do not use the Sites or consumer any materials.

Scope of Terms

These Terms of Use are applicable to the Site, and to any resources and tools provided through the Site, including but not limited to developer tools, download areas, content areas, community discussions, comments, blogs, sharing sites, product information and other content (collectively referred to in these Terms of Use as the “Materials”).
We may provide additional activity or program specific Terms of Service /or enable other types of user generated content.  If so, to the extent that these Terms do not conflict with the activity or program specific Terms of Service, these Terms remain in full force and effect.  

Security and Privacy

Personal Data:  Information submitted to the Site is governed according to the Privacy Statement.

Member Account, Password, and Security: You are required to establish a member account and/or Site password.   In such cases, you are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are solely responsible for any and all activities that occur under or with respect to your account. We 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 could be held liable for losses incurred by the Site Operator or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. 

 

Personal Non-Commercial Use:  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials.
No Unlawful or Prohibited Use:  You agree that you will not use the Site or Materials for any purpose that is unlawful or prohibited by these Terms of Use.  You may not:

  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • use the Site, Materials, Services or activities to “stalk" or otherwise harass or harm another;
  • impersonate any person or entity, including, but not limited to, a community management team, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or Materials;
  • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • violate the HIPAA privacy rule which protects, “all individually identifiable health information held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper or oral.” You wouldn’t share a patient’s medical record with a stranger, and you wouldn’t publish a medical photo in a journal that included a patient’s date of birth or social security number. It should come as no surprise that all the same legal rules apply when you’re posting on the Site.  It does not matter that we are a private members’ only community.  The same rules apply.
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • you may not use the Site or Materials in any manner that could damage, disable, overburden, or impair any server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Site or Materials or interfere with any other party's use and enjoyment of the Site or Materials;
  • you may not attempt to gain unauthorized access to any Site or Materials, other accounts, computer systems or networks connected to any server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Materials;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Content Related Notices

Ownership: You acknowledge and agree that, except for Third Party Content included in the Materials, the Site Operator owns all legal rights, title and interest in and to the Materials and Site, including any trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein, whether or not such rights are registered or subject to a pending application for registration. The Materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without prior written permission of the Site Operator or the owner of any Third Party Content included in the Materials. Except as expressly provided herein, the Site Operator does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Third Party Content:  The Site and Materials may contain content submitted by third parties, including but not limited to other users of the Site (“Third Party Content”).  Third Party Content is provided “as is” and “with all faults”, and without representation or warranty of any kind, and as such is not reviewed, approved or endorsed by the Site Operator and is provided solely as a convenience to users of the Site. Under no circumstances will the Site Operator be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions, or damages of any kind. -. By your use of any Third Party Content, you agree that you are responsible for evaluating, and bear all risks associated with, the use thereof , including without limitation the accuracy, completeness, or usefulness of the Third Party Content.  All postings and use of the Site or Materials are subject to these Terms of Use and any other program and site specific terms.


Copyright Infringement Claims

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Site Operator’s designated agent. INQUIRIES NOT COMPLIANT WITH THE PROCEDURE OUTLINED MAY NOT RECEIVE A RESPONSE

The Site Operator may, in appropriate circumstances, terminate the account or a user or subscriber of the Site if he or she is a repeat infringer.  If you believe that another user or subscriber of the Site is a repeat infringer, please follow the instructions above to contact the Site Operator’s designated agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

User Content Submissions

Definition: Content submitted by users may include, but are not limited to, user profiles, comments, posts, uploads, links,  blog content,  group content, discussion content, graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (all such content is referred to here after as “User Content”).
Non-Endorsement: We do not endorse any User Content or any opinion, recommendation, or advice expressed therein.  The Site Operator expressly disclaims any and all liability in connection with User Content submissions. The Site Operator reserves the right to remove User Content at its sole discretion and without prior notice.
Ownership: We do not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Site or Materials, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Site or Materials. Unless otherwise agreed to in writing, there is no compensation for User Content.  The Site Operator is under no obligation to post or use any User Content submitted.  Unless otherwise agreed in writing with an authorized representative of Site Operator, any material, information or other communication you transmit or post to the Sites will be considered non-confidential and non-proprietary.
License: Unless otherwise specified on the Site or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting User Content you grant the Site Operator all necessary licenses, and all users of the Site all necessary sublicenses, including without limitation  a perpetual, irrevocable, royalty-free and non-exclusive right, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes. 

Warranties and Representations: By posting or submitting User Content you warrant and represent that you own or otherwise control all of the rights to the User Content including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the User Content, and to grant the licenses and sublicenses in the previous paragraph to the Site Operator and users of the Site.  Without limiting the foregoing, to the extent that the User Content submitted contains images, photographs, pictures or graphical representations in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Materials, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use or any activity specific terms of use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use.
Moderation or Pre-Screening: You acknowledge that the Site may moderate User Content.  We retain the right, at our sole discretion to pre-screen, refuse, or remove any User Content from the Site or Materials. The Site Operator will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.  Without limiting the foregoing, the Site Operator shall have the right to remove any User Content that violates these Terms of Use.

Links to Other Materials or Sites

The linked sites are not under the control of the Site Operator and the operator of any linked site is not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to terminate any link or linking program at any time. The Site Operator does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.

Notices and Disclosures

Exclusions of Warranty:  The Materials and the Site  are provided for informational purposes only.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK AND THAT THE SITE, MATERIALS AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
  • IN NO EVENT SHALL THE SITE OPERATOR BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF THE SITE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE OPERATOR SHALL NOT BE LIABLE TO YOU FOR:

ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR MATERIALS OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE MATERIALS, SERVICES, OR INFORMATION AVAILABLE FROM THE SITE.

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES MADE TO THE SERVICES, DOCUMENTS, SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THESE LIMITATIONS ON LIABILITY SHALL APPLY WHETHER OR NOT THE SITE OPERATOR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

Indemnification: You agree to indemnify and hold Site Operator and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post, transmit or otherwise make available through the Site or Materials, your use of the Site or Materials, your connection to the Site or Materials, your violation of these Terms of Use or site specific Terms of Use, or your violation of any rights of another.
Accuracy and Completeness: The Site Operator does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Site or Materials.
Changes and Updates: The Site Operator reserves the right to modify or discontinue, temporarily or permanently, Site or Materials (or any part thereof) with or without notice. We may make changes to Site or Materials, or to the products described therein, at any time without notice. We make no commitment to update the Site or Materials.

General

User access to the Site is governed by all applicable federal, state and local laws. All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
We make no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
In the case of any violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity for such violations.
We may revise these Terms of Use at any time by updating this document. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on the Sites or Materials.