LISTSERV TERMS OF SERVICE

Introduction

These Terms of Service govern use of the Listserv. Any person viewing, commenting, or otherwise using the Listserv thereby agrees to these Terms of Service. If any person does not agree, then he or she may not use the Listserv.

These Terms of Service are subject to change by the Association of Program Directors in Surgery (APDS), and use of the Listserv after such changes are implemented constitutes acknowledgment and acceptance of the changes.

Rules of Participation

All comments and materials posted to the Listserv should be related to discussions within the field of surgical education and should be civil, professional, and businesslike.

The following are prohibited:

  • Abusive, profane, threatening, racist, sexist, sexually explicit, and similarly offensive comments;
  • Comments that defame or disparage an individual, institution, or product;
  • Comments that encourage or facilitate an agreement among competitors or potential competitors regarding pricing, market share, boycotts, or similar matters;
  • Commercial advertising, as well as solicitations for donations; and
  • Information or other material protected by copyright or patent without the permission of the copyright or patent owner.

 Monitoring and Editorial Control

APDS does not regularly monitor the Listserv, nor does it vet comments prior to, or after, being posted. While APDS reserves the right to block or remove any comment in APDS’s discretion, APDS has no obligation to do so.

If any person believes they may be harmed by comments on the Listserv that may be defamatory or disparaging, such person may contact APDS and request that the comments be removed.

Disclaimer and Limitation of Liability

Users must determine for themselves the truthfulness, accuracy, and reliability of communications posted on the Listserv. APDS makes no representations or warranties in this regard.

APDS is not be liable for any direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, arising from the Listserv or any comments on the Listserv even if APDS has been advised of the possibility of such damages. Without limiting the foregoing, in no event will the liability of APDS to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed $100.

Intellectual Property Rights

APDS owns all right, title and interest in and to the Listserv, including all intellectual property rights.

Any person posting comments thereby grants to APDS the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display those comments and to incorporate the same in other works in any form, media, or technology now known or later developed. Association will not be required to treat any comments as confidential, and may use any postings in its operations or business without incurring any liability for royalties or any other consideration of any kind.

Termination; Suspension.

APDS may, in its sole discretion, at any time and for any reason, terminate the Listserv or suspend or terminate any person’s privilege to use the Listserv.

Choice of Law; Jurisdiction; Forum.

These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws provisions. Any claims, legal proceeding or litigation arising in connection with the Listserv will be brought solely in Alexandria, Virginia.

DCMA Notice Provisions.

It is the policy of APDS to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Any person who believes their copyright has been infringed on the Listserv, please contact APDS at apds@mindspring.com and please include the following information in your written notice:

  1. a detailed description of the copyrighted work that is allegedly infringed;
  2. a description of the location of the allegedly infringing material;
  3. contact information, including address, telephone number, and email address;
  4. a statement of a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
  5. a statement, made under penalty of perjury, affirming that the information in the notice is accurate and that the person submitting the notice is authorized to act on the copyright owner’s behalf; and
  6. an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

As we reiterate the general rules for the APDS Listserv, it is also appropriate to state clearly what will, and will not be permitted to appear/remain on the APDS Listserv and related messaging on our website as to that subset of CME- activities directly relevant to APDS members that are sponsored by a non-profit educational/scientific organization.  

Meeting Announcements—APDS will provide a limited opportunity, subject to availability of space and the factors below, for pre-approved announcements to  appear, namely, those educational activities: which APDS in its sole discretion determines to be CME-activities most directly relevant to APDS members that are sponsored by a non-profit educational/scientific organization.   Relevant factors to be considered by APDS will include, but not be limited to uniqueness of topic to the mission and responsibilities of program directors, temporal proximity and/or similarity of content to content typically presented at Surgical Education Week, and the potential cost of the program to APDS members.  The PDF form below should be submitted by anyone wishing to provide a meeting announcement for attention of APDS members.  Meeting announcements will be removed on the day of the event, or 45 days after posting, whichever occurs first.  Only pre-approved meeting announcements may appear on the  APDS Listserv—content placed directly on the APDS Listserv by a member that promotes a meeting will be removed without notice and repeated violations may result in limitations on access to the APDS Listserv.

Surveys—  The APDS Research Committee subcommittee has a process for review and approval of those surveys deemed most meritorious, and those wishing to contact APDS members about a potential survey need to submit the survey questions and a general description of the research and its purpose in advance to the APDS Research Committee.  Surveys may NOT be placed directly on the APDS Listserv by a member  without prior approval of the Research Committee, and if posted they will be removed without notice, and repeated violations may result in limitations on access to the APDS Listserv.

Industry programs (educational or otherwise)— Will not be posted under any circumstances.

Scholarship— Possible only with pre-approval.  APDS is generally inclined to post, so long as no appearance of industry company involvement—use the PDF below to be considered.

Grant opportunities— Possible only with pre-approval.  APDS is generally inclined to post, so long as no appearance of industry company involvement.

Virtual fairs/site visits— Will not be posted—programs, of course, are free to post these on their own websites and to place a link to their website on the APDS program directory.  Virtual fairs/site visits may NOT be placed directly on the APDS Listserv by a member  without prior approval, and if posted they will be removed without notice, and repeated violations may result in limitations on access to the APDS Listserv.

Positions (direct or head-hunters)— APDS will review requests to provide position announcements on the APDS Open Positions page, with acceptance to be at sole discretion of APDS. Generally, APDS will consider request for placement only if the request comes directly from the institution where the position is located…again, decision on whether to place is at the sole discretion of APDS. Criteria for acceptance will largely be if an announcement that seems of very direct benefit to a subset of Program Directors.

Without respect to the above guidelines, APDS retains the right to place or not to place, as well as the right to remove from the APDS Listserv, or from the APDS website any content offered or provided, at its sole discretion and without notification of cause or any right of appeal whatsoever from parties interested in any such placement.