This Registered User Agreement ("Agreement") is between the American College of Cardiology Foundation, affiliated entities, and ACCF's suppliers (collectively, "ACCF" or "we") and you and your agents ("you") for the use of the acc.org online service (the "Service") provided by ACCF through its website at http://www.acc.org ("Site"). The Service allows you to access certain content and make use of advanced personalization features of the Site that are only accessible to registered users.
By completing the online registration process and checking the box "I have read and agree to the Registered User Agreement" on the registration page, and by using the Service, you accept and agree to be bound by all of the terms and conditions set forth in this Agreement . If you do not wish to accept the terms and conditions of this Agreement, do not proceed with the registration.
Access to Service
The Service is only available to current members of the American College of Cardiology ("ACC") or paid subscribers by logging in to the Service using your username and password (collectively "User ID"). Use or sharing of your User ID with a non-registered user is prohibited, and your failure to comply will result in immediate suspension of your account. You are solely responsible for maintaining the confidentiality of your User ID and all activities that occur under your User ID. You agree to immediately notify ACCF at firstname.lastname@example.org in the event that (i) your User ID is lost or stolen, or (ii) you become aware of any unauthorized use of your User ID or of any other breach of security that might affect the Site. ACCF is in no way liable for any claims or losses of any kind related to the use or misuse of your User ID due to the activities of third-parties outside of ACCF's control or due to your failure to maintain the confidentiality and security of your User ID.
Intellectual Property Rights
The Service and Site, including the information, text, graphics, images, audio and video files, trademarks and other materials that may be contained therein (collectively "Content"), is owned by ACCF and/or its suppliers and is protected by patents, copyrights, trademarks, and other proprietary rights. Except as specifically provided in this Agreement, your use of the Service and Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws.
ACCF grants you a limited, nonexclusive, nontransferable, revocable license to utilize and access the Service and Content for your noncommercial, personal use according to the terms and conditions in this Agreement. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Service and/or any of the Content, in whole or in part. Except as expressly granted by this Agreement, you acquire no right, title or interest in the Service, Site or the Content or other data or materials incorporated in the Service. ACCF, ACC or affiliates or licensors thereof shall retain all right, title and interest in the Service, Site and Content.
Fees and Payments
Access to the Service is free for current ACC members.
For non ACC members, ACCF may charge subscription or other fees, including applicable taxes, if any (collectively, "Subscription Fees"). As applicable, you agree to pay all Subscription Fees incurred in connection with your User ID which are not paid by an organization or agent on your behalf ("Sponsoring Organization") at the rates in effect when the charges were incurred.
All charges incurred in connection with your User Name ID which are not paid by a Sponsoring Organization on your behalf will be billed to the credit card you designate. ACCF may change the Subscription Fees then in effect, or add new charges, at any time by giving you notice in advance by e-mail or postings on the Site. The fee options available to you will be presented within the Service. In order to continue your access, you will need to select one of the available new fee options. If you do not select one of these options, your access to the Service will be terminated at the end of the term then in effect.
ACCF is not responsible for any charges associated with connecting to the Site or incurred to access the Service, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone, computer and other equipment charges, and fees charged by an Internet access provider or other third-party service for your use of the Service.
ACCF will contact you regarding renewal of your subscription. The renewal charge will be the current published rates for the term of your subscription. In the event that you do not renew your subscription prior to the expiration date of your subscription, ACCF reserves the right to terminate your access to the Service.
For purposes of identification and billing, you agree to provide ACCF with accurate, complete, and updated information required by the Service subscription registration ("Registration Data"), including your name, address, and applicable payment data (e.g., credit card number, e-mail address, and expiration date). You are responsible for determining whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at ACCF's option, result in immediate suspension or termination of your right to use the Service.
ACCF agrees to keep confidential all personally identifiable information, including Registration Data, that you provide to ACCF in order to access and use the Service.
You agree to promptly update your Registration Data in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User ID. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your subscription is subject to use without your authorization, follow subscription help instructions to update your Registration Data.
Term and Termination
Your access to the Service will continue until one of the following occurs:
- your ACC membership ends and you have not chosen to subscribe to the Service;
- your subscription expires without being renewed or is cancelled by ACCF or by you for any reason; or
- ACCF discontinues the Service.
You may cancel your access to the Service at any time by notifying ACCF by electronic mail at email@example.com, physical mail at ACC Member Care, 2400 N Street, N.W., Washington, D.C. 20037 or via means provided within the Service. Annual subscribers who elect to cancel will receive a pro-rata refund that will cover the unused months of your subscription (partial months will not be refunded) from the date in which ACCF receives your notice of cancellation. Cancellations by monthly subscribers will take effect on your next monthly subscription anniversary date, which is the day-of-the-month on which you subscribed, but no refund will be given. Any pro-rata amounts will be credited to the credit card to which your subscription is charged. There is no pro-rata refund if your subscription is paid on your behalf by a Sponsoring Organization.
ACCF may terminate your access and/or Service subscription at any time. If you are a Service subscriber and ACCF terminates your access and/or Service subscription because ACCF has reason to believe that you have violated any of the terms of this Agreement, you will not be credited with a refund. Under all other scenarios in which ACCF terminates, including if ACCF discontinues the Service, you will be credited for the remainder of your subscription in accordance with the terms of the preceding paragraph. You agree that any termination of your access to the Site or Service shall not result in any liability or other obligation of ACCF to you, your agent, or any third party in connection with such termination.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACCF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF ACCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICE AND/OR SITE, (ii) THE COST OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) THE USE OR INABILITY TO USE ANY THIRD PARTY APPLICATIONS CONTAINED WITHIN THE SERVICE, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.
FURTHER, ACCF SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY THAT HAD ACCESS TO YOUR USER ID, NOT AUTHORIZED BY YOU IN CONNECTION WITH THE SERVICE.
Disclaimer of Warranties
THE SERVICE AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCF AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE AND SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ACCF MAKES NO WARRANTY THAT THE TOOL AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE AND SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SERVICE OR SITE IS TO CEASE ITS USE AND/OR CANCEL YOUR SUBSCRIPTION.
You are responsible for all content, data, Registration Data, information or other materials (collectively, "User Content") that you upload, post, email or otherwise transmit using the Service. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that appears on the Site and not to download, email or otherwise transmit such User Content in violation of such third party's rights. By submitting User Content to ACCF, you automatically grant, or warrant that the owner of such content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content.
You may not directly or indirectly, intentionally disrupt or interfere with the Service in any manner that may adversely affect ACCF or any user of the Service.
You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.
Neither party shall be liable or considered in default under this Agreement when the failure or delay of performance is caused by circumstances beyond its reasonable control and occurring without its fault or negligence, including failure of suppliers, licensors, subcontractors, and carriers, acts of civil or military authorities, national emergencies, fire, flood, acts of God, threats or acts of terrorism, insurrection, and war, provided the party invoking this Section immediately provides notice thereof to the other and does everything reasonable possible to resume its performance hereunder.
This agreement is personal to you, and you may not assign your rights or obligations to anyone.
Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
If any provision in this Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
You hereby agree to indemnify, defend and hold ACCF, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees and costs, incurred in connection with any claim arising from your use of the Site or Content.
These Terms and Conditions will be governed by and construed exclusively in accordance with the laws of the District of Columbia, USA, without regard to its conflicts of law principles and, to the extent applicable, the federal laws of the United States. If a dispute arises between ACCF and you, we hereby agree to submit such dispute to non-binding mediation, followed by binding arbitration, if necessary. Both the mediation and arbitration will be conducted by JAMS applying the laws of the District of Columbia without regard to its conflicts of laws principles and in the District of Columbia as venue.
Certain users of the Service also have access to content and services provided by Epocrates, Inc. via a link to the Epocrates Rx website located at www.epocrates.com (the "Epocrates site"). Users of the Epocrates site are required to view and agree to the Epocrates License Agreement, which is accessible by CLICKING HERE. The Epocrates site and its contents contained therein are not under the control of ACCF.
Certain users of the Service may also have access to Braunwald's Heart Disease Online (the "Work"), a copyrighted work owned by Elsevier. Reproduction or distribution of the Work or such accompanying materials except as set forth herein without the express written consent of Elsevier is prohibited.
In purchasing access to this product, user is granted a non-exclusive, non-transferable license to use the Work as a reference or informational tool for User's use only. User shall not reproduce, sell, license, subscribe, lease or distribute the Work, nor shall User permit any other person or entity to use, reproduce, sell, license, subscribe, lease or distribute the Work. Modification or augmentation of the Work is prohibited without the express written consent of Elsevier. The Work is licensed as is, with all faults and without representations or warranties, express or implied, of any kind, including warranties of merchantability or fitness for a particular use or purpose. Elsevier shall have no liability of any kind with respect to use of the Work. In the event of a breach or a threatened breach of this Agreement by User or anyone under the control or direction of User, Elsevier shall be entitled to an injunction restraining User or persons under the control or direction of User from such breach. Nothing contained herein shall be construed as prohibiting Elsevier from pursuing such other remedies as may be available to Elsevier for any such breach.