Terms of Use

Acceptance of Terms
Content of the ABMS International Web Site/License Grant
Use of the ABMS International Web Site
General Terms

Acceptance of Terms

This Web site is owned by ABMS International, LLC (“ABMS International”), a wholly owned subsidiary of the American Board of Medical Specialties (“ABMS”). By accessing this Web site, you agree to accept and comply with the terms, conditions and notices stated herein or as modified at any time by ABMS International with or without specific notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between ABMS International and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current Terms of Use at any time by visiting the ABMS International Web site at www.abms-i.org. If you do not wish to be bound by these Terms of Use, please do not access or use any content or functionality on the ABMS International Web site, or immediately discontinue such use.

Additional terms may govern your use of certain Web pages within the ABMS International Web site. In the event that any provision, term or guideline contained on a particular Web site or Web page in the ABMS International Web site conflicts with this Terms of Use, the particular terms of such Web site or Web page shall control over this Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

Content of the ABMS International Web Site/License Grant

The ABMS International Web site and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials located on the ABMS International Web site (collectively, “Content”) is owned by ABMS International and/or third parties, with all rights reserved unless otherwise noted. ABMS International grants you a limited license to access the Content accessible at the ABMS International Web site solely for informational, personal and non-commercial purposes (including printing individual pages from the ABMS International Web site provided any printed copy of Content displayed on the ABMS International Web site includes all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than caching) modifying or making any other use of the Content accessible at the ABMS International Web site, except with the express written consent of ABMS International. All third party Content posted on, transmitted through or linked from the ABMS International Web site is the sole responsibility of the third party originator of such content. All Content provided through the ABMS International Web site is provided to you AS IS, and you agree that your use of and reliance on any Content is at your own risk, and that under no circumstances shall ABMS International be liable for any losses of any kind suffered by you that may be caused by your use of the Content accessible at the ABMS International Web site.

You acknowledge that ABMS International disclaims any duty or obligation to screen or approve third party content accessible on the ABMS International Web site, and that ABMS International shall have the right (but not the obligation) in its sole discretion to reject, modify, delete or relocate any Content that is available, or may be available, via the ABMS International Web site, for any reason.

Use of the ABMS International Web Site

Unless otherwise specified, ABMS International offers you access to the ABMS International Web site solely for your personal and non-commercial uses. You agree to only access or use the ABMS International Web site for lawful purposes that are permitted by this Terms of Use. Among other things, you agree not to:

    • except with the express written permission of ABMS International, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works based upon, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the ABMS International Web site, including without limitation, engaging in the practices of “screen scraping,” “indexing,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, such as the use of internet robot or spider software to extract data or content from the ABMS International Web site;
    • damage, disable, overburden or impair the ABMS International Web site or interfere with any other party’s use and enjoyment of the ABMS International Web site;
    • Obtain or attempt to obtain any materials or information through any means not made readily accessible by ABMS International through the ABMS International Web site.

You agree that you will not access or attempt to access password protected, secure or non-public areas of the ABMS International Web site, except with the express written or electronic authorization of ABMS International.

You agree that you will not create links from any Web site or Web page to any page within the ABMS International Web site, except with the express written permission of ABMS International. However, you may create a link directly to the ABMS International Web site home page currently located at www.abms-i.org upon prior written notice to ABMS International at 353 North Clark Street, Suite 1400, Chicago, IL 60653, Attn: ABMS International. The origin of any link to the ABMS International homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the ABMS International home page. By creating a link to the ABMS International Web site, you agree that:

      1. you will not employ any technology that results in the placement of content from the ABMS International Web site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the ABMS International Web site from how it would appear if a user typed the URL in a typical browser line;
      2. your site shall not display content or link to other Web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive;
      3. you have duly registered your domain name and possess all rights necessary to use the same; and
      4. you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the ABMS International Web site.

ABMS International reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using and disable the link at any time that ABMS International so requests.

You agree that ABMS International may, in its sole discretion and at any time, terminate your access to and use of the ABMS International Web site, or any part thereof, with or without notice. You further agree that use of the ABMS International Web site and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, ABMS International reserves the right, in its sole discretion, to modify or discontinue the Services or access to Content, or any portion thereof, with or without notice, and without liability to you.

The Services or Content provided through the ABMS International Web site may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services or Content is an offer or promise by ABMS International to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, ABMS International does not make any representations or warranties with respect to such third party services or content, and is not responsible for their accuracy, sufficiency, veracity, completeness or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release ABMS International from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such services or content. Please note that you may be subject to additional and/or different terms, conditions and privacy policies when you use third party services, Content, software or sites.

General Terms

Applicable Law

This Terms of Use is governed by the laws of the State of Illinois, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of federal or state courts sitting in the city of Chicago, County of Cook, State of Illinois in all disputes arising out of or relating to accessing or using the ABMS International Web site. Access or use of the ABMS International Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph.

You agree that no joint venture, partnership, employment or agency relationship exists between you and ABMS International as a result of the Terms of Use or accessing or using the ABMS International Web site, Services or Content. ABMS International’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of ABMS International’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the ABMS International Web site or information provided to or gathered by ABMS International with respect to such use.

Severability/Entire Agreement

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein, or in any other definitive written agreement between you and ABMS International, the Terms of Use constitutes the entire agreement between you and ABMS International with respect to your access to and use of the Content available on the ABMS International Web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ABMS International with respect to the ABMS International Web site.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE ABMS INTERNATIONAL WEB SITE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABMS INTERNATIONAL MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMLINESS OF THE ABMS INTERNATIONAL WEB SITE, SERVICES AND/OR CONTENT. ABMS INTERNATIONAL EXPRESSLY DISCLAIMS 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.

Indemnification of ABMS International by User

YOU AGREE TO INDEMNIFY AND HOLD ABMS INTERNATIONAL, ITS THIRD PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AND ABMS MEMBER MEDICAL SPECIALTY BOARDS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE ABMS INTERNATIONAL WEB SITE AND/OR ABMS INTERNATIONAL AND/OR ITS THIRD PARTY ADVERTISERS, OR ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

ABMS International Limitation of Liability

IN NO EVENT SHALL ABMS INTERNATIONAL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ABMS INTERNATIONAL WEB SITE, OR WITH THE DELAY OR INABILITY TO ACCESS OR USE THE ABMS INTERNATIONAL WEB SITE OR RELATED SERVICES. THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE ABMS INTERNATIONAL WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ABMS INTERNATIONAL WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ABMS INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE ABMS INTERNATIONAL WEB SITE, AND ALL OTHER USE OF THE ABMS INTERNATIONAL WEB SITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ABMS INTERNATIONAL WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ABMS INTERNATIONAL WEB SITE.

ABMS International Copyright

All materials on the ABMS International Web site (as well as the organization and layout of the ABMS International Web site) are owned and copyrighted or licensed by ABMS International, its corporate affiliates or its third-party vendors, Copyright © 2012 American Board of Medical Specialties International™, all rights reserved. No reproduction, distribution or transmission of the copyrighted materials on the ABMS International Web site is permitted without the express written permission of ABMS International. Any rights not expressly granted herein are reserved.