Caring With Compassion℠
This Agreement was last modified on August 1, 2018.
- Your Acceptance
- ACP RESERVES THE RIGHT TO MODIFY OR REVISE THIS AGREEMENT AND POLICIES AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. ANY CONTINUED USE FOLLOWING THE MODIFICATION OR REVISION OF THIS AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATIONS.
- Accounts (User Access)
- In order to access the Website and its features and Services, you will have to create a User account, providing your actual government name and email address, which will be used to identify the User(“Personally-Identifying Information”). When creating your account, you must provide correct, accurate, and complete information. Users are not permitted to access the Website or its Services without providing Personally-Identifying Information. You agree to be solely responsible for the activity that occurs on your account on the Website, and it is the User’s sole responsibility for protecting their password and otherwise preventing unauthorized access of the User’s account. You agree not to allow any third party to access the Website or otherwise obtain the Services on your behalf. You agree to be solely responsible should any other person or entity access the Website or use the Services on your behalf. You agree to notify us immediately if you are aware of any breach of security or unauthorized use your account. You agree that we have the right to take appropriate administrative and/or legal action, including criminal prosecution or seeking equitable remedies, to protect ACP’s interests.
and its Services
- Through the Website, ACP provides Users with access to a variety of Services, including, but not limited to: links to resources, links to download relevant information, and exclusively available to ACP members, the ability to submit Website activity for Continuing Medical Education (“CME”) credits.
- You may use the Website and its Services only for purposes expressly permitted by this Agreement. As a condition of your use of the Website and its Services, you warrant to ACP that you will not use the Website or any of its Services for any purpose that is unlawful or prohibited by this Agreement. The Website and its Services, including any updates, enhancements, new features and/or the addition of any new Website properties, are subject to this Agreement.
- The Website does not use advertisements.
- ACP reserves the right to modify, suspend, or discontinue hosting the Website and/or any of its Services with or without notice to you, at any time, and without any liability to you or any other third party.
- No Warranty and Disclaimer, and Limitations on Liability
- The User assumes any and all risk and liability associated with the User’s use of the Website and/or its Services. The Website content and the Services are provided on an “AS IS” and on an “AS AVAILABLE” basis. The Website content and its Services are provided for informational and/or educational purposes only and any action, failure to act, or outcome derived from use of the Website and/or its Services is the sole reasonability of the User. To the fullest extent possibly under law, ACP expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the content and Services available on the Website. The content is not to be construed as legal or medical advice, and shall not be interpreted as a clinical judgment by a licensed medical doctor and does not replace the need for the User to consult with a licensed medical doctor.
- The content, articles, information, documents and opinions expressed on the Website do not necessarily reflect the official opinion of ACP, its officers, directors, employees, agents and representatives. ACP makes no representations, warranties, or assurances, express or implied, as to the accuracy or completeness of the information provided herein or the content of any third party websites linked to this Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our Services, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) the use of any content displayed, or made available via the Services.
- In no event shall ACP, its officers, directors, employees or agents, be liabLE to you FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, SUCH DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OR INTERRUPTION OF BUSINESS (INCLUDING LOSS OF PROFITS, GOODWILL OR BUSINESS OPPORTUNITY), WORK STOPPAGE, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, WHETHER BASED UPON A CLAIM OR ACTION OF TORT, CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION AND EXCLUSION OF DAMAGES SHALL NOT APPLY TO INDEMNITY OBLIGATIONS UNDER SECTION 5 OF THIS AGREEMENT.
- User agrees to indemnify, save, defend, and hold ACP and ACP’s affiliates, including ACP’s and its affiliates’ directors, officers, and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities and demands and any and all costs associated therewith, including, but not limited to, any and all reasonable attorneys’ fees, related court costs and expenses, that arise from or otherwise relate to (i) your use of and access to this Website or its Services, (ii) your violation of this Agreement, or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right that belongs to any third party. This Section shall survive the termination of Service and/or your use of the Website and its Services.
- Proprietary Rights and DMCA Compliance
- Intellectual Property
- The Website and all of its content, (including without limitation any photographs, graphics, videos, trademarks, and logos) appearing on the Website are the sole and exclusive property of ACP and its affiliates, or the property of its licensors and is protected by copyright and other intellectual property rights under the copyright laws of the United States of America and/or other countries. User agrees not to duplicate, use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by printed or electronic copy or by any other means, other than solely for personal, non-commercial uses as set forth herein.
- Trademark & Copyright
- American College of Physicians, Inc., the American College of Physicians Logo, and Caring with Compassion are trademarks or registered trademarks of American College of Physicians Inc. in the United States of America.
- Unless explicitly stated otherwise, any and all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included on the Website or provided via its Services are ACP trademarks or trademarks of ACP’s licensors or suppliers and are protected by the trademark laws of the United States of America and/or other countries. The trademarks may not be used in any manner whatsoever without ACP’s written permission. Any rights not expressly granted herein are reserved.
- Digital Millennium Copyright Act
- Intellectual Property
- This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Notwithstanding the foregoing, ACP may assign, transfer, or convey any rights or licenses granted hereunder without consent or permission from you or any third party.
- Termination of Use
- User agrees that ACP may, in its sole discretion, at any time and for any reason, with or without notice, terminate this Agreement, or suspend or terminate User’s access to all or part of the Website and/or its Services.
The terms of this Agreement shall be
governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania, United States, notwithstanding any
principles of conflicts of law or forum non conveniens. Any
judicial proceeding brought with respect to this Agreement shall be
brought in the federal or state courts in Philadelphia,
Pennsylvania and the parties hereby agree to the exclusive
jurisdiction thereof. This Agreement constitutes the entire
agreement between the parties and governs your use of the Website
and its Services, superseding any prior written or oral agreements
between you and ACP.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
- The terms of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, notwithstanding any principles of conflicts of law or forum non conveniens. Any judicial proceeding brought with respect to this Agreement shall be brought in the federal or state courts in Philadelphia, Pennsylvania and the parties hereby agree to the exclusive jurisdiction thereof. This Agreement constitutes the entire agreement between the parties and governs your use of the Website and its Services, superseding any prior written or oral agreements between you and ACP.
- Contact Us
- If you have any questions about this Agreement, please feel free to contact us via: www.acponline.org/contact.