The College of American Pathologists (“CAP”, “we”, “our”) welcomes you to the Member Collaboration Platform (“Platform”).
- Any information, including, without limitation, ideas, written works, concepts, plans, designs, communications, that you post or add to the Platform is called “Posted Material”.
- “Content” means any information in and to which we retain all rights, title, and interest, including, without limitation, ideas, written works, concepts, plans, designs, communications, that are posted or added to the Platform by us, you, or third parties. Notwithstanding the immediately preceding sentence, Content does not include information in the public domain; information owned by you or any third parties that existed or was developed independently of us, Service to CAP, or the Platform; or information in and to which rights, title, and interest are governed to the contrary by a separate written agreement between us and you or any third parties.
- Except where Posted Material meets the stated exclusions to the definition of Content in these Terms, the following terms and conditions under the next two sub-bullet points apply to Posted Material:
- immediately upon your posting or adding any Posted Material to the Platform, as between you and us, any such Posted Material becomes our Content and
- in the event that, notwithstanding these Terms, title to and ownership of Posted Material initially vests in you, you hereby assign all right, title and interest in and to such Posted Materials to us and will promptly, at our request and without further consideration, communicate all facts known to you respecting the Posted Material, testify in any legal proceedings, make all rightful oaths, execute all documents that may be necessary to grant, transfer and assign all such title and ownership in the Posted Material to us, and generally do everything possible for title to the Posted Material to be clearly and exclusively held by us.
- If you post to the Platform any pre-existing information or other information owned by you or any third party, you grant us and other end users of the Platform the worldwide, nonexclusive, royalty-free, irrevocable right and license to display, copy, publish, distribute, transmit, print, modify, and use such pre-existing information or other information for Our Purposes (as “Our Purposes” is defined below in these Terms).
- You may not post to the Platform any information confidential to third parties or information that infringes the intellectual property rights of third parties.
- If you post or use any information owned by third parties on the Platform, you represent and warrant to us that you have received permission from the owner(s) to post and use such information accordingly and that you have obtained on our behalf the necessary license for us to use such information for Our Purposes (as “Our Purposes” is defined below in these Terms). You must properly attribute credit to the creator(s) and owner(s) of any such materials.
- You acknowledge and agree that, except for Posted Material and Content, Higher Logic, LLC (higherlogic.com) or its licensors own all intellectual property rights, ownership rights and title in and to the Platform. Except as expressly stated in these Terms, you do not acquire any intellectual property rights or any other rights or licenses, including ownership rights, in or to the Platform or Content. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of or rights with respect to the Platform and Content.
- You acknowledge and agree that we reserve all rights, title and interest in and to our names, trademarks, and other proprietary information provided independently of or in conjunction with use of the Platform or Content.
- You agree to abide by all copyright notices stated on Content.
- We may use the Platform and Content for the following purposes (collectively, “Our Purposes”):
- facilitating your or other end users’ services to us under our board of governors or any of our councils, committees, or other apparatuses that exist for our benefit (collectively such services are called “Service to CAP”).
- commercial purposes, including, without limitation, creation or modification of business plans, marketing initiatives, products, or services.
- non-commercial purposes, including, without limitation, facilitating your professional collaboration, networking, mentorship, and communications with other end users.
- You may use the Platform and Content for the following purposes (collectively, “Your Purposes”):
- providing Service to CAP.
- collaborating, networking, mentoring, and communicating with other end users in a professional capacity and manner that is not in conflict with our interests, Our Purposes, or Service to CAP.
- We grant you a limited, non-exclusive, and non-transferable license to access and use the Platform and Content for Your Purposes.
- You must use your account settings menu of the Platform to configure or change your account settings, such as removing yourself from a communications list.
- We do not activate account settings requests you send via messages in the main Platform interface.
- You agree to abide by the Policy J. College of American Pathologists Principles of Ethical and Professional Conduct (“Principles”), CAP Policy Manual (“Manual”), and Harassment Policy in your use of the Platform and Content. Except as otherwise stated in the Principles, Manual, or Harassment Policy, we determine, in our sole discretion, whether you have violated such requirements.
- You agree to keep your use of the Platform and Content relevant to and consistent with our mission, vision, and Constitution and Bylaws published at https://www.cap.org/about-the-cap except where and to the extent we otherwise permit in our sole discretion.
- You agree to post Posted Material only to appropriate areas of the Platform. For example, Posted Material about a Council on Education topic belongs in Platform areas dedicated to that council.
- You may not use the Platform to promote any non-CAP product or service except as we otherwise permit in our sole discretion.
- You may not use contact information posted on the Platform for any purpose that interferes with Our Purposes, Your Purposes, Service to CAP, our interests, or that constitutes unwelcome contact inside or outside the Platform.
- You may not post what constitutes, in our sole discretion, profane, obscene, inappropriate, or otherwise disruptive Content.
- You agree to abide by the Higher Logic, LLC Acceptable Use Policy and Anti-Spam Policy.
- You may not:
- subject the Platform to or use the Platform as a means of delivery for any malware or other technology that otherwise creates or exploits cyber security vulnerabilities against us, the Platform, our suppliers, or end users of the Platform.
- use the Platform in any way that could damage, disable, overburden, or impair our or our suppliers’ servers or networks, or interfere with other end users’ use of the Platform.
- attempt to gain or allow others to gain unauthorized access to any services, information, computer systems or networks.
- share your login credentials with anyone else, and you agree to use a reasonable degree of care to prevent others from gaining unauthorized access to your login credentials.
- impersonate anyone or misrepresent yourself, your business, or your qualifications.
- use the Platform or Content to engage in any activity that would cause or lead to civil or criminal liability for us or that would create obligations we must perform to avoid civil or criminal liability.
- post to the Platform your or anyone else’s payment card information, protected health information, social security numbers, home addresses, passport numbers, driver’s license numbers, dates of birth, owned property numbers (such as vehicle identification numbers).
- post to the Platform your or anyone else’s personally identifiable information of any kind, including, without limitation, private telephone numbers, private email addresses, or any information about you or someone else that is not necessary for Our Purposes, Your Purposes, or Service to CAP.
- post to the Platform anyone else’s personally identifiable information of any kind that they did not themselves already post or that we did not already post on their behalf. If a person revokes permission to us or you to post or use their personally identifiable information, you agree to cease posting or using their personally identifiable information immediately.
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, or algorithms of the Platform or Content (except to the extent applicable laws specifically prohibit such restriction).
- modify, translate, or create derivative works based on the Platform or Content.
- copy, rent, lease, distribute, pledge, assign, or otherwise transfer or allow any lien, security interest, or other encumbrance on the Platform or Content.
- use the Platform or Content for timesharing or service bureau purposes or otherwise for the benefit of a third party.
- hack, manipulate, interfere with, or disrupt the integrity or performance of or otherwise attempt to gain unauthorized access to the Platform, Content, or their related systems, hardware or networks or any content or technology incorporated in any of the foregoing.
- remove, alter or obscure any proprietary notices or labels of Higher Logic, LLC or its suppliers on the Platform.
- access or use the Platform or Content in violation of any applicable local, state, national and foreign laws, rules, regulations, guidelines, directives, treaties, and regulations of all government authorities.
- EXCEPT AS PROHIBITED OR LIMITED BY LAW, THE FOLLOWING TERMS APPLY: THE PLATFORM AND CONTENT IS PROVIDED “AS IS”. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT THE PLATFORM OR CONTENT WILL BE AVAILABLE, SECURE, OR OPERATE ERROR-FREE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PLATFORM OR CONTENT IS AUTHORIZED UNDER THIS AGREEMENT EXCEPT UNDER THIS DISCLAIMER.
- EXCEPT AS PROHIBITED OR LIMITED BY LAW, THE FOLLOWING TERMS APPLY: IN NO EVENT WILL WE BE LIABLE FOR ANY CLAIMS OR LOSSES WHATSOEVER OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AND WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT, OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THE PLATFORM OR CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE WILL NOT BE LIABLE FOR ANY CLAIMS OR LOSSES IN CONNECTION WITH ERRORS, OMISSIONS, OR INACCURACIES OF INFORMATION OR CONTENT, OR ANY DECISION MADE IN RELIANCE ON THE INFORMATION OR CONTENT FROM THE PLATFORM. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THE PLATFORM OR CONTENT IS TO DISCONTINUE USING THE PLATFORM AND THE RELATED CONTENT AND SERVICES. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT LIABLE FOR LOSS OR DAMAGE CAUSED BY FORCE MAJEURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER DIRECTLY OR INDIRECTLY RELATED TO THE PLATFORM OR ANY PII, CONTENT, OR OTHER INFORMATION ON THE PLATFORM.
- Information posted within the Platform or Content does not necessarily represent our views.
- Except as prohibited or limited by law, we have the right to, but do not have any obligation to actively exercise editorial control over activities or Content on the Platform.
- We reserve the right to remove or modify any information or Content for any reason from the Platform.
- You agree that the CAP, Higher Logic, LLC, and their respective supply chains (collectively CAP, Higher Logic, LLC and their respective supply chains are called the “PII Chain”) may copy, distribute, display and create derivative works of and use your PII to provide and perform services in support of the Platform. You also agree the PII Chain may de-identify, anonymize, process, and create derivative works of your PII for the purpose of deriving anonymous statistical and usage data, and data related to the use and functionality of the Platform, provided such data cannot be used to identify you (“Anonymous Data”) and combining or incorporation such Anonymous Data with or into other similar data and information available, derived, or obtained from other sources (when so combined or incorporated, referred to as “Aggregate Data”), for the purposes of improving the Platform or services that support the Platform and developing and commercializing new features, products and services (including generating statistics for marketing purposes).
- You can configure optional uses of your PII within your account settings menu on the Platform. You also agree the PII Chain may use your PII for marketing or advertising purposes, except where you have otherwise unsubscribed or opted-out of such purposes.
Termination and Enforcement
- We may immediately modify, suspend, or terminate your access to the Platform or Content at any time for any reason or no reason. You agree that we are not obligated to provide you access or use of this Platform or Content in consideration of CAP membership dues or any other separate contractual relationship or arrangement between you and us.
- We also reserve the right to take any lawful actions regarding the Platform or Content and as necessary to prevent the violation of these Terms.
- We may from time to time in our sole discretion develop and provide updates to the Platform, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
- If you choose to provide technical, business or other feedback to us concerning the Platform or Content (collectively, “Feedback”), we will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in our sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by us of Feedback into the Platform or Content does not grant you any proprietary rights therein.
No Medical Advice
All Content on the Platform are intended for communication and other non-medical advice purposes and should not be construed as medical advice. Content should not be used in place of seeking professional medical advice, diagnosis, or treatment by licensed practitioners. The CAP does not practice medicine or law and does not offer any other professional advice or services. You assume full responsibility for appropriate use of the information available through the Platform or Content.
Except as otherwise expressly stated, the Platform and Content are designed and intended for adults 18 years of age or older. Persons under the age of 18 are not permitted to use the Platform or Content. By using the Platform or Content, you agree to provide us with accurate information concerning your age or identity as requested. You also agree not to assist anyone under the age of 18 in accessing the Platform or Content.
International End Users
If you are not a United States resident, you may access the Platform and Content solely at your own risk, and you are responsible for compliance with your local laws and regulations, if applicable.
You agree to defend, indemnify, and hold us, our directors, officers, employees, and agents harmless from any and all third party claims or losses arising out of your use of the Platform or Content.
You are responsible for maintaining the confidentiality of your username and password (“Credentials”) you use to access the Platform or Content, and you are responsible for all activities that occur under your Credentials or account. You agree (i) to notify the CAP immediately of any unauthorized use of your Credentials or account or any other breach of security of which you become aware and (ii) to ensure that you exit from your account at the end of each session.
These Terms are governed by the laws of the State of Illinois, without giving effect to any conflict of laws provisions. You and we hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in Cook County, Illinois for any claims arising out of these Terms.
These Terms constitute the entire agreement between you and us with respect to the Platform.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms will continue in full force and effect.
Our failure to exercise or enforce any right under these Terms will not be deemed a waiver of such right.
The provisions of these Terms, which, by their nature, would continue beyond termination or expiration of these Term, will survive such termination or expiration.
You agree that any of your claims or actions arising in connection with these Terms will be brought within one (1) year of the date of the event giving rise to such claims or actions. Your remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
You may not assign or transfer any of your rights or obligations under these Terms to any other party without our prior written consent.
Equal Employment Notice
41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). This contractor and subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status.