Last revised October 9, 2026
PLEASE READ THESE WEBSITE TERMS OF USE ("TERMS") CAREFULLY. THE AMERICAN ACADEMY OF NEUROLOGY (“AAN”) AND ITS SUBSIDIARY, THE AMERICAN ACADEMY OF NEUROLOGY INSTITUTE (“AANI”) (AAN AND AANI ARE REFERRED TO COLLECTIVELY AS "AAN") PROVIDE THIS WEBSITE TO YOU ("YOU") SUBJECT TO THESE TERMS. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE LEGAL RIGHT AND ABILITY TO AGREE TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN AAN AND YOU, AND YOU ACCEPT THEM BY USING THE WEBSITE IN ANY MANNER. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. FAILURE TO ABIDE BY THESE TERMS MAY RESULT IN REVOCATION OF YOUR ACCOUNT AND YOUR ABILITY TO CREATE FUTURE ACCOUNTS.
YOUR USE OF THE WEBSITE IS ALSO GOVERNED BY AAN’S PRIVACY POLICY, WHICH IS EXPRESSLY INCORPORATED INTO AND MADE A PART OF THESE TERMS. FOR DETAILS ON HOW AAN COLLECT, USE, DISCLOSE, TRANSFER, AND STORE YOUR INFORMATION, AND ON YOUR PRIVACY RIGHTS, PLEASE SEE SECTION 8 (PRIVACY).
OUR TERMS MAY BE REVISED PERIODICALLY, WITHOUT NOTICE, AND ARE EFFECTIVE IMMEDIATELY AFTER WE POST THE REVISIONS ON THIS SITE, PROVIDED THAT REVISIONS WILL NOT APPLY TO ANY DISPUTE FOR WHICH THE PARTIES HAVE ACTUAL NOTICE PRIOR TO THE DATE THE REVISION IS POSTED. BY CONTINUING TO USE THE SITE AFTER SUCH REVISIONS TO THESE TERMS ARE POSTED, YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS AND YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO DETERMINE THE CURRENT TERMS TO WHICH YOU ARE BOUND.
AMONG OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, THESE TERMS INCLUDE AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH IN SECTION 14(h) AND SECTION 14(i), WHICH, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU AND AAN TO ARBITRATE ANY CLAIMS (DEFINED BELOW) ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS OR TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
IF YOU LATER SEEK TO REPUDIATE THESE TERMS OR ANY ASPECT THEREOF, YOU AGREE THAT SUCH ACTION WOULD CONSTITUTE A BREACH OF THESE TERMS, PROHIBITING YOU FROM ENFORCING ANY ASPECT OF THESE TERMS AND ENTITLING AAN TO DAMAGES RESULTING FROM YOUR BREACH.
THE ONLINE CODE OF CONDUCT IS INCORPORATED INTO THESE TERMS BY REFERENCE.
1. The website content.
(a) This website (“Website”) includes without limitation: (i) information pertaining to education, science, career services, advocacy, brain health information, research, fundraising efforts, meetings and conferences, and other valuable information; (ii) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials; and (iii) online services accessible via the Website.
(b) AAN makes no representation that the Website is appropriate or available for use in all locations or that AAN’s Services are available in Your location.
(c) AAN shall have no ownership of, does not claim any interest in, and shall have no obligation of any kind with respect to, any content that You upload or post to, place on, or otherwise transmit, through our process, via the Website (“User-Generated Content”). Any User-Generated Content shall be deemed provided on a non-confidential basis. AAN shall be free to use or disseminate such User-Generated Content on an unrestricted basis for any purpose, and You grant AAN an irrevocable, perpetual, worldwide, royalty-free, non-exclusive, fully transferable license to use User-Generated Content for any and all purposes, including but not limited to, reproducing, modifying, adapting and creating derivative works of, distributing, transmitting, displaying, performing, and publishing (in any and all forms and media, now known or later discovered or created), as AAN determines in its sole discretion. You represent and warrant that you have proper authorization to grant this license. AAN shall have no obligation to, or liability for failing to, actively monitor the site for inappropriate User-Generated Content, and does not undertake editorial control of User-Generated Content. In the event that any inappropriate User-Generated Content is brought to AAN’s attention, AAN may take all appropriate action. AAN may, but is not required to, pre-screen, refuse, or remove any User-Generated Content that AAN deems to be abusive, defamatory, obscene, an infringement of others’ intellectual property rights, or otherwise in violation of the Online Code of Conduct or any other provision set forth in these Terms.
(d) All Website content produced by AAN or for AAN on the Website (“AAN Content”) is protected by copyright, and owned or controlled by AAN, or, if applicable, the party credited. You shall abide by all additional copyright notices, trademark notices, information, or restrictions contained on the Website.
2. License.
Subject to Your compliance with these Terms, AAN grants You a non-exclusive, nontransferable, limited, fully-revocable (at any time and for any reason) term license to access and use the Website for personal, non-commercial use only. Any other use of the Content is strictly prohibited without the prior written consent of AAN.
3. Your obligations.
In consideration of Your use of the Website, You agree:
(a) not to use the Website to: (i) transmit spam, unsolicited communications, or unauthorized third-party content; (ii) spoof someone else’s identity or otherwise misrepresent Your affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any User-Generated Content; (iv) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website; (v) engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law; or (vi) collect or store personal data about other users unless specifically authorized by such users; and
(b) to be entirely responsible for all User-Generated Content and, specifically, not to upload, post or otherwise transmit, via the Website, any User-Generated Content that: (i) is harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, threatening, or otherwise objectionable; (ii) constitutes an unauthorized disclosure of personal information; (iii) violates or infringes anyone’s intellectual property rights; (iv) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or interfere with the operation of any software, hardware, or other equipment; or (v) violates the Online Code of Conduct; and
(c) to accept sole and exclusive responsibility (as between AAN and You) for adequate protection of Your data and/or equipment used in connection with the Website; and
(d) to defend AAN from any claim, suit, demand, and action of any third party, and indemnify and hold AAN harmless from any resulting judgment, settlement, and cost, including reasonable attorneys’ fees, due to or arising out of Your use of (or connection to) the Website (including any use by You on behalf of Your employer), Your breach of these Terms, or Your violation of any third-party rights. AAN shall have the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You agree to cooperate as requested by AAN in the defense and settlement of such matter. You agree never to settle any matter for which Your indemnification is required absent AAN’s prior written consent. Separately, if You initiate, or threaten to initiate, any litigation, arbitration, or otherwise assert any claim against AAN or any other Released Party (as defined in Section 13) that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, agreements, or consents that You have made or provided pursuant to these Terms (collectively, “Prohibited Legal Actions”), You agree to indemnify the Released Parties from and against any liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to the Prohibited Legal Action or Your threat of the same; and
(e) not to (i) use any robot, spider, scraper, or other automated means to access, monitor, index, or copy the Website or any content for any purpose without AAN’s express prior written consent; (ii) engage in any text or data mining, web scraping, or similar data gathering or extraction; or (iii) use the Website or any AAN Content to develop, train, or improve any artificial intelligence or machine-learning model or system, or upload, input, or otherwise incorporate any AAN Content into any such tool, in each case without AAN’s express prior written consent.
4. Applications.
AAN may make available one or more mobile or web-based applications developed, owned, operated, or offered by AAN or on AAN’s behalf (each, an “App”). Except where these Terms expressly provide otherwise, all references to the “Website” in these Terms include any App, and Your access to and use of any App is governed by these Terms. Your use of an App may also be subject to the applicable app-store or platform provider’s terms and to any supplemental end user license agreement AAN presents in connection with the App; in the event of a conflict, the supplemental terms govern with respect to that App to the extent of the conflict.
5. Registration and account security.
(a) Certain features of the Website may require You to register for an account and to provide accurate, current, and complete information, which You agree to maintain and promptly update. AAN’s collection and use of such information is governed by the Privacy Policy.
(b) If You are provided with, or choose, a username, password, or any other credential or authentication method as part of AAN’s security procedures (each, a “Credential”), You must treat such Credential as confidential and must not disclose it to any third party. Any alternative authentication method AAN provides (such as passwordless authentication via hardware token, one-time code, or phone number) is treated as a Credential under these Terms.
(c) You are solely and fully responsible for all activities that occur under Your Credential or account, whether or not authorized by You. You agree to notify AAN immediately of any unauthorized access to or use of Your Credential or account or any other breach of security, and to log out of Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared device.
(d) The Website is not intended for individuals under 18 years of age. You agree to monitor Your account for any use by minors and accept full responsibility for any unauthorized use of Your Credential or account.
(e) AAN has no control over, and expressly disclaims all liability arising from, any unauthorized use of Your Credential or account. AAN may disable or revoke any Credential, whether chosen by You or provided by AAN, at any time in its sole discretion, including if AAN believes You have violated any provision of these Terms.
6. Security measures.
You are prohibited from violating or attempting to circumvent the security of the Website. Without limiting any other provision of these Terms, You agree not to: (a) access data not intended for You, or log into a server or account You are not authorized to access; (b) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measure, without AAN’s prior written authorization; (c) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the servers on which it is hosted, or any connected system, network, or database; (d) introduce any virus, Trojan horse, worm, logic bomb, or other malicious or technologically harmful material; (e) attack the Website via a denial-of-service or distributed denial-of-service attack; (f) forge any TCP/IP packet header or any part of the header information in any email or posting; or (g) otherwise attempt to interfere with the proper working of the Website. Violations of system or network security may result in civil or criminal liability, and AAN may investigate and cooperate with law enforcement authorities in prosecuting users involved in such violations. YOU WAIVE AND HOLD HARMLESS AAN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY 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 SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
7. Advertisers/promoters.
(a) The Website may contain advertisements and/or promotions of third parties (“Sponsors”). The inclusion of advertisements and/or promotions of Sponsors and other Internet sites or resources that offer content, goods, or services on the Website does not imply endorsement of the advertised/promoted products or services by AAN. You agree that Your dealings with, or participation in promotions of, Sponsors (including, without limitation, payment, delivery of goods or services, warranties, representations, and any other terms or conditions associated with such dealings) are solely between You and Sponsors, and AAN shall have no responsibility or liability for any loss, damage, claim, or complaint of any sort or nature You incur as the result of or relating to any such dealings regardless of the presence of Sponsors on the Website.
(b) You may find links to other Internet sites or resources on the Website that offer content, goods, or services. You acknowledge and agree that AAN has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.
You acknowledge and agree that AAN has no responsibility or any liability for any unauthorized processing of your personal data by any Sponsor or other third-party website operators.
8. Privacy.
(a) Your use of the Website is governed by AAN’s Privacy Policy, the terms of which are expressly incorporated into and made a part of these Terms. The Privacy Policy describes the categories of personal information AAN collects, how that information is used and disclosed, and the choices and rights available to you. By using the Website, you consent to all actions taken by AAN with respect to your information in accordance with the Privacy Policy. For AANI donors, all information we collect through donations, whether submitted by you or collected automatically, is also subject to our Donor Privacy Policy Terms, which are expressly incorporated herein in such an instance.
(b) AAN and its websites are based in the United States. Regardless of where You access the Website, information collected as part of Your use will be transferred to and maintained on servers located in the United States, and by using the Website and providing Your information You consent to such transfer, storage, and processing in the United States.
(c) Depending on Your jurisdiction of residence, You may have rights with respect to Your personal information under the GDPR or applicable U.S. state privacy laws, as further described in the Privacy Policy. Nothing in these Terms diminishes any rights You may have under those laws. To exercise any such rights, or to contact AAN’s Privacy Officer, please email memberservices@aan.com or call Member Services at (612) 928-6000.
(d) Consent to Data Practices. By agreeing to these Terms, You represent to AAN that You understand and accept how AAN collects, uses, and discloses information concerning Your use of the Website, as set forth in the Privacy Policy—including for any information that may have been collected, used, and/or disclosed prior to Your review and acceptance of these Terms. You understand and agree that (i) AAN is justifiably relying on this representation in granting You access to the Website and (ii) if You later take legal action inconsistent with this representation, this will constitute evidence that Your representation was false. In that case, AAN may elect to terminate these Terms, without prejudice to its ability to seek damages resulting from Your breach. If You do not agree to the practices described in the Privacy Policy, You may not use the Website, provide AAN with any information, or seek to enforce any aspect of these Terms.
8B. Use for Litigation Purposes.
The Website is intended for users genuinely interested in AAN’s mission, programs, products, and services. Under no circumstances may the Website be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Website in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Website for Litigation Purposes is strictly prohibited and constitutes a breach by You of these Terms. In such circumstances, AAN may elect to terminate these Terms, without prejudice to its ability to seek damages, including attorneys’ fees, resulting from Your breach. In no event can You seek to enforce these Terms if Your claim amounts to a repudiation of any aspect of these Terms, and AAN will have no obligations to You under those circumstances.
9. Confidentiality.
During your access to and use of the Website, You may obtain information that AAN or other users consider "confidential" or "proprietary" ("Confidential Information"). You agree (i) not to reveal Confidential Information to any third parties and (ii) to take precautions, which shall be at least the more protective of (A) reasonable and prudent care or (B) those taken in safeguarding Your own trade secret, confidential, or proprietary information, whether by instruction, agreement, or otherwise, to satisfy Your obligations under these Terms with respect to authorized use, protection, and security of the Confidential Information. The foregoing restrictions do not extend to information that (i) is at the time of disclosure already known to You from a source not under a confidentiality obligation, (ii) is published, or otherwise made known to the public by AAN, without restriction, or (iii) is received by You from a third party who is not bound by any confidentiality obligations with respect to such information. You agree that the wrongful disclosure of Confidential Information will cause AAN (or its other users) irreparable injury that is inadequately compensable in monetary damages; accordingly, AAN shall be entitled to injunctive relief in any court of competent jurisdiction against You for the breach or threatened breach of this paragraph, in addition to any other remedies at law or equity.
10. Intellectual property rights.
(a) Except as otherwise provided in these Terms, You shall not (via any means, now known or later discovered or created) reproduce, modify, distribute in any manner (including rent, lease, loan, or sell), mirror, frame, republish, transmit, create derivative works of, or remove or modify any copyright or trademark notice or other notice of ownership relating to, content on the Website, in whole or in part.
(b) Unless explicitly stated otherwise in these Terms, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
(c) If you believe that Your copyright, trademark, or privacy rights have been infringed, in any way, by any content on the Website, please contact:
Sarah Bird Nelson, JD
Associate General Counsel / Copyright Agent
American Academy of Neurology
201 Chicago Avenue
Minneapolis, MN 55415
Phone: (612) 928-6000
Email: legal@aan.com
AAN’s receiving, investigating, or responding to your email does not constitute AAN’s agreement or verification of your claim(s) nor any admission of liability for those claims.
Your notice of claimed infringement should include: (i) a physical or electronic signature of the owner, or a person authorized to act on the owner’s behalf, of the right allegedly infringed; (ii) identification of the copyrighted work or other right claimed to have been infringed; (iii) identification of the material claimed to be infringing and information reasonably sufficient to permit AAN to locate it; (iv) your contact information, including your address, telephone number, and email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the owner, or authorized to act on behalf of the owner, of the right allegedly infringed. It is AAN’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers.
(d) AAN Trademarks. As used herein, “AAN Trademarks” means all registered and unregistered trademark rights in any jurisdiction, together with the company names, product and service names, related names, terms, marks, brands, logos, designs, trade dress, slogans, and other designations that AAN and/or its affiliates use in connection with the Website or their respective products and services. You must not use, remove, or alter any AAN Trademarks without AAN’s prior written permission. You acknowledge AAN’s rights in the AAN Trademarks, and You agree not to incorporate any AAN Trademarks into Your own trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, or to use them on or in connection with Your or any third party’s products, services, or information. Any requests concerning use of AAN Trademarks, or any request to use Content or other material on the Website other than as permitted by these Terms, may be directed to legal@aan.com.
11. Warranty disclaimer.
YOU USE THE WEBSITE AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES). TO THE EXTENT PERMITTED BY LAW, AAN PROVIDES THE WEBSITE “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND AAN SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AAN MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: (I) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THE WEBSITE; (II) THAT THE WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (III) THAT THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS; (IV) AS TO THE QUALITY OR VALUE OF ANY SPONSORS’ PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR (V) THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, PROVIDED BY AAN, BY AN AAN EMPLOYEE OR AGENT, OR ON THE WEBSITE, SHALL CREATE ANY WARRANTY WITH RESPECT TO YOUR USE OF THE WEBSITE. AAN MAKES NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES OF AMERICA, AND ACCESS TO IT FROM TERRITORIES WHERE THE CONTENT IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM SUCH OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.
12. Information disclaimer.
(a) The content, products, and services provided on the Website are offered as an educational service. The information should not be considered inclusive of all proper treatments, methods of care, or as statements of the standard of care and is not continually updated and may not reflect the most recent evidence (new evidence may emerge between the time information is developed and when it is published or read). Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Website and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including Your specific medical needs. Use of the information is voluntary. AAN provides this information on an “as is” basis, and makes no warranty, expressed or implied, regarding the information. AAN specifically disclaims any warranties of merchantability or fitness for a particular use or purpose. AAN assumes no responsibility for any injury or damage to persons or property arising out of or related to any use of this information or for any errors or omissions. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If You have or suspect that You have a medical problem or condition, please contact a qualified health care professional immediately. If You are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
(b) Any legal information contained on the Website is not legal advice and is not guaranteed to be correct, complete or up-to-date. If You need legal advice, You should consult a licensed attorney in your area.
13. Limitation of liability.
(a) To the extent permitted by law, AAN, its parents, subsidiaries, affiliates, successors, assigns, suppliers, and licensors, and each of their officers, directors, shareholders, managers, employees, agents, and licensees (collectively, the “Released Parties”), shall have no liability, relating to Your use of (or connection to) the Website, for direct, indirect, consequential, incidental, statutory, exemplary, special, or punitive damages even if advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss), or for any damages (i) arising from causes beyond the reasonable control of the Released Parties, (ii) arising from the conduct of other users of the Website or their User-Generated Content, or (iii) relating to the delay, failure, interruption, disclosure, or corruption of any data or information transmitted in connection with the Website, including any claims based on alleged invasions of privacy. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose. Further, in no event shall the collective liability of the Released Parties in connection with any Claim exceed the greater of (A) $250 USD or (B) the total amount paid by You to AAN in connection with transactions on the Website in the twelve (12) months preceding the date on which Your Claim arose (or, if the Claim involves multiple claims, the date on which the first such claim arose). The limitations in this Section 13 shall apply to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise. You acknowledge and agree that the limitations of liability set forth in this Section 13 are fundamental elements of the basis of the bargain between You and AAN, and that AAN would not be able to provide the Website without such limitations.
(b) AAN reserves the right, at any time, in AAN’s sole and exclusive discretion, to amend, modify, suspend, or terminate the Website, and/or Your use of or access to it, with or without notice, and AAN shall have no liability to You or any other person or entity for any modification, suspension, or termination of the Website, or any loss of related information.
(c) If you are an E.U. user, nothing herein limits any of your rights under the GDPR.
14. Miscellaneous.
(a) AAN may provide notice(s) to You via email, regular mail, reputable overnight delivery service, or by posting notices or links to notices on the Website.
(b) These Terms and performance in accordance with these Terms shall be governed by the laws of the State of Minnesota, without regard to its conflict-of-laws principles. You expressly understand and agree that You will not bring claims under the law of any other state. An action which does so would constitute a Prohibited Legal Action. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Subject to the arbitration provisions in Subsection (h) below, and solely for any Claim or proceeding that is not required to be resolved by arbitration (including any action to compel arbitration or to enforce an arbitration award, and any Claim excluded from arbitration under Subsection (h)), sole venue and jurisdiction shall be in the state and federal courts located in Hennepin County, Minnesota (including the United States District Court for the District of Minnesota), and each party consents to the personal jurisdiction of such courts. The parties irrevocably submit to the jurisdiction of such courts as the sole forum to confirm, vacate, modify, or correct any arbitration award in accordance with the applicable provisions of the Federal Arbitration Act.
(c) AAN shall not be liable under these Terms for failure to perform any of its obligations during any period in which it cannot perform due to matters beyond its control, including, but not limited to acts of God, strike, fire, flood, natural disaster, war, embargo, or riot.
(d) The waiver or failure of AAN to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of any further right in these Terms.
(e) AAN reserves any rights not explicitly granted in these Terms.
(f) If any provision of these Terms is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is, to the extent necessary, deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way; provided, however, that in the event the arbitration provision in Subsection (h) or the class action waiver in Subsection (i) is found to be unenforceable in whole or in part, AAN retains the right to elect to have any Claim resolved in court rather than through arbitration.
(g) These Terms constitute the entire agreement and understanding regarding Your use of the Website and supersede any prior versions of the Terms. No amendment, addition, deletion, or revision to these Terms shall be valid unless in writing and signed by an officer of AAN. The headings used in these Terms are for convenience only and shall not control or affect the meaning or construction of any provisions of these Terms.
(h) Dispute Resolution; Binding Arbitration. PLEASE READ THIS SUBSECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. OTHER RIGHTS THAT YOU AND AAN WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. Except for (i) claims seeking injunctive or other equitable relief arising from the infringement or misuse of intellectual property or Confidential Information, and (ii) claims that may be brought in a small claims court in the United States, so long as the action is litigated exclusively in small claims court on an individual basis and is not removed or appealed to a court of general jurisdiction, and (iii) claims seeking a declaration that the other party is in breach of these Terms, You and AAN agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Website (a “Claim”), even if the Claim arose prior to the effective date of these Terms, shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its rules then in effect, as modified by these Terms; provided that the AAA Consumer Arbitration Rules shall apply if and only if AAA or the arbitrator determines that such rules are applicable to the Claim. Before initiating arbitration, the parties shall first attempt to resolve the Claim informally by sending a written notice of dispute; if the Claim is not resolved within sixty (60) days of that notice, either party may commence arbitration. The arbitration shall be conducted before a single arbitrator in Minneapolis, Minnesota, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and judgment on the award may be entered in any court of competent jurisdiction. If the Claim is for $5,000 or less, You may choose to (A) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (B) hold a hearing by teleconference or videoconference. Notwithstanding the foregoing, an arbitrator has no authority to entertain, and shall not accept, a Prohibited Legal Action. Nothing in these Terms prohibits You or AAN from bringing issues to the attention of federal, state, or local agencies.
Each written notice of dispute (a “Dispute Notice”) must: (i) be personally signed by the party asserting the Claim; (ii) include that party’s name, physical address, and email address; (iii) describe with specificity the nature and basis of the Claim in a manner sufficient to evaluate its merits, including any relevant supporting documentation in that party’s possession, custody, or control; and (iv) set forth the specific relief sought, including a calculation of any damages claimed. Each Dispute Notice is limited to a single Claim between You and AAN, and the Claims of multiple persons may not be combined into a single Dispute Notice. Completion of this informal-resolution process is a condition precedent to commencing arbitration, and any applicable limitations period shall be tolled during the sixty (60)-day informal-resolution period.
Dispute Notices shall be sent as follows: (A) to AAN, by mail to American Academy of Neurology, Attn: General Counsel, 201 Chicago Avenue, Minneapolis, MN 55415, and by email to generalcounsel@aan.com; and (B) to You, by first-class or certified mail to the physical address AAN has on file for You (if any) and by email to the email address AAN has on file for You (if any). During the sixty (60)-day informal-resolution period, You and AAN are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Claim between You and AAN (the “Conference”). If You are represented by counsel, Your counsel may participate in the Conference, but You will also need to participate. AAN will participate in the Conference through one or more representatives, which may include its counsel. If any aspect or requirement of this informal-resolution process has not been completed, the parties agree that (A) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (B) unless prohibited by law, no arbitration administrator shall administer any arbitration or demand fees in connection with the Claim.
Mass Arbitration. If You or AAN files a demand for arbitration that is one of twenty-five (25) or more similar demands for arbitration filed against the other party by parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), the arbitration of the Claim, and all other Claims constituting the Mass Arbitration, shall be conducted in accordance with the AAA’s Supplementary Rules for Multiple Case Filings, or any successor mass arbitration procedures adopted by AAA. You and AAN agree that, in the event of a Mass Arbitration, any issues arising under or relating to (A) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable, or (B) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Subsection (h) or the arbitrability of any Claim or counterclaim, shall be decided by a court of competent jurisdiction. This paragraph supersedes any provision to the contrary in these Terms.
Integrated Arbitration Provision; Repudiation. Notwithstanding any principle of law to the contrary, including but not limited to the doctrine set forth in Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967), the parties expressly agree that the arbitration provision set forth in this Subsection (h) is NOT a standalone, severable agreement that is independent of or separate from these Terms as a whole. Rather, the arbitration provision is an integral, inseparable component of these Terms. The parties’ mutual agreement to arbitrate Claims is inextricably linked to, and conditioned upon, the parties’ mutual observance of these Terms in their entirety. Accordingly, a party that repudiates or materially breaches these Terms—including, without limitation, by initiating or maintaining a Prohibited Legal Action—may not selectively enforce the arbitration provision or any other provision of these Terms. If Your Claim or legal action amounts to, or is premised upon, a repudiation of these Terms (including any representations, warranties, consents, or covenants You have made or provided herein), You shall be deemed to have forfeited the right to invoke arbitration or any other provision of these Terms, and AAN shall have no obligations to You under these Terms, including but not limited to the obligation to arbitrate. In such circumstances, AAN may elect to resolve any Claim in any court of competent jurisdiction. This provision reflects the parties’ intent that the arbitration requirement and the substantive provisions of these Terms rise and fall together as a single, integrated agreement.
Waiver of Jury Trial. The parties waive their right to a jury trial for a determination of any Claim which is subject to these Terms in any state or federal court.
Costs. The party initiating the arbitration shall be responsible for paying any applicable filing fee. Once an arbitration is initiated and the filing fee paid, the costs of arbitration shall be borne as provided by the AAA’s applicable rules.
Confidentiality of Arbitration. Except to the extent necessary to enter judgment on any arbitral award, all proceedings, rulings, and matters relating to the arbitration and the results thereof shall be confidential, and the arbitrator and the parties shall take any actions necessary to ensure that any judgment rendered with respect to any arbitration award remains confidential.
(i) Class Action Waiver. You and AAN agree that each may bring Claims against the other only in Your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not otherwise preside over any form of representative or class proceeding.
(j) Limitations Period. To the extent permitted by applicable law, any Claim arising out of or relating to these Terms or the Website must be filed within one (1) year after such Claim arose; otherwise, the Claim is permanently barred.
(k) Survival. Those provisions of these Terms that by their nature should survive termination or expiration of these Terms or of Your use of the Website shall so survive, including without limitation the sections addressing User-Generated Content, Your obligations, Intellectual Property Rights, Confidentiality, Warranty Disclaimer, Information Disclaimer, Limitation of Liability, indemnification, Video Content; Cookies, Use for Litigation Purposes, and Dispute Resolution; Binding Arbitration.
(l) Export Controls. The Website and any Content, products, or services obtained through it may be subject to U.S. export-control and sanctions laws and the import or export laws of other countries. You agree to comply strictly with all such applicable laws and shall not, directly or indirectly, export, re-export, or transfer any Content in violation of them.
(m) Assignment. You may not assign, sublicense, delegate, or otherwise transfer these Terms or any of Your rights or obligations under them, whether by operation of law or otherwise, without AAN’s prior written consent. AAN may freely assign these Terms. Any attempted assignment in violation of this provision is void.