Terms of Use

Welcome to NAPNAPKnowsLyme.ORG

This Terms of Use Agreement (“Agreement”) is a legal agreement between you (“User”), and the National Association of Pediatric Nurse Practitioners (“NAPNAP”), the website operator of NAPNAPKnowsLyme.ORG. By accessing and using the NAPNAPKnowsLyme.ORG website (other than to read this Agreement for the first time), User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within this Agreement.

NAPNAP reserves the right to change these terms and conditions periodically at its sole discretion. User’s continued use of this website constitutes acceptance of the terms and conditions stated at the time of use.

Users agree that all the information posted or accessed will be used only for User’s personal or internal purposes. User will not make any other unauthorized use of this website, or any interactive features available on this website. User may use downloaded material only for User’s personal, internal use. User may not engage in any conduct or action that is prohibited by law or violates any country, federal, state or local laws. User agrees not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

Any content on this website is provided for informational purposes only. NAPNAP shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via this website.

All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this website are the property of NAPNAP or NAPNAP has obtained the rights to use the mark. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without NAPNAP’s prior written permission. The use of NAPNAP’s Marks on any other website is prohibited, without express the written permission of NAPNAP.

All materials contained on this website are copyrighted except where explicitly noted otherwise. NAPNAP 2022. All content is owned or licensed to NAPNAP. All rights reserved.

User acknowledges and agrees that content, including but not limited to text, software, sound, photographs, video, design, graphics, or other material contained in this website (“Content”) maybe protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User may not copy, reproduce, republish, distribute, modify or create derivative works from this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by this Agreement without NAPNAP’s prior, written consent.

By uploading, posting or otherwise making material available in any public area of the NAPNAPKnowsLyme.ORG website, User automatically grants, or warrants that the owner of such material has granted, NAPNAP a perpetual, world-wide, royalty free, non-exclusive right and license to use, reproduce, modify, publish and distribute the material, in whole or in part, in any media or technology now known or hereafter developed.

The NAPNAPKnowsLyme.ORG website may contain links to third party websites that are not under the control of NAPNAP. NAPNAP makes no representations whatsoever about any other website to which User may have access through the NAPNAP Knows Lyme website. When User accesses a third party website, User does so at its own risk and acknowledges that NAPNAP is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that NAPNAP shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s website. Mention of third party companies and websites on the NAPNAP website is for informational purposes only and does not constitute an endorsement or recommendation.

NAPNAP may be a distributor of content, not a publisher or author. Accordingly, any opinions, advice, statements, or other information expressed by any third parties are those of the respective author or publisher, not NAPNAP. NAPNAP is not responsible for the content, including the accuracy thereof. See the section entitled Disclaimer of Warranties for further details.

USER EXPRESSLY UNDERSTANDS AND AGREES THAT NAPNAP SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF NAPNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.

While every effort is made to ensure accuracy, NAPNAP makes no warranty that this website will meet User’s requirements or that it will be uninterrupted, timely, secure or error free; nor does NAPNAP make any warranty as to the results that may be obtained from the use of this website or as to the accuracy or reliability of any information obtained through this website. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT USERS OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USERS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

UNLESS EXPRESSLY STATED OTHERWISE, NAPNAP PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NAPNAP OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF NAPNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.

User agrees, at User’s expense, to indemnify, defend and hold harmless NAPNAP, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s misuse of this website or any product or service related thereto.

This Agreement and the relationship between User and NAPNAP shall be governed by and construed in accordance with the laws of New York.

All disputes under this Agreement, that cannot be resolved by the parties shall be submitted to arbitration in New York under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days written notice to the other party. The dispute(s) arising under this Agreement shall be decided by a panel of three arbitrators with each party hereto selecting one arbitrator and the two selected arbitrators to chose the third arbitrator. An arbitrator sitting in any arbitration arising hereunder shall not have the authority or power to modify or alter any express condition or provision of this Agreement or to render any award which by its terms has the effect of altering or modifying any express condition or provisions hereof. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law. User agrees that, regardless of any statute or law to the contrary, any dispute arising out of or relating to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

The waiver by either party of a breach of or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by an arbitration proceeding in the appropriate jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Any rights not expressly granted herein are reserved.

If you have any questions about any of the foregoing, please contact us.