Terms of Service

Effective Date: October 16, 2018
  1. Introduction

By accessing or using any of the Internet properties owned and/or operated by the American College of Cardiology Foundation or its affiliated entities, including the American College of Cardiology (collectively, "ACC" or "we" or "us" or "our"), including, without limitation: www.acc.org, www.ncdr.com, www.cardiosmart.org, www.onlinejacc.org, www.cvquality.acc.org, www.alm.acc.org (and each sub-domain associated with this URL) and other websites, mobile websites, microsites, mobile applications, social media sites, and any other digital services and platforms officially operated by or for ACC (each, a "Site" and collectively, the "Sites"), you agree to comply with and be bound by this Terms of Service Agreement ("TOS").

This TOS expressly incorporates by reference and includes the Privacy Notice, Registered User Agreement, Cookie Policy, and any other terms and conditions that may be posted elsewhere on the Sites. Your use of the Sites constitutes your acceptance of this TOS. If you do not agree to this TOS, you must immediately terminate use of the Sites.

ACC reserves the right to revise this TOS at any time by posting a revised TOS to the Sites, and without further notice directly to you. Your use of the Sites constitutes your acceptance of the TOS posted at the time of your use.

  1. License Grant

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Sites conditioned on your continued acceptance of, and compliance with, this TOS. You may use the Sites and the Content (as defined in Section 6 below) for your noncommercial personal use and for no other purpose. ACC reserves the right to bar, restrict, or suspend any user's access to the Sites, and/or to terminate this license at any time for any reason. ACC reserves any rights not explicitly granted in this TOS.

  1. Restrictions on Use of Sites

You may view, print, or download Content (as defined in Section 6 below) from the Sites for your own non-commercial personal use, provided that (a) you may not alter, delete, obscure, or conceal any copyright, intellectual property, or other proprietary notices or disclaimers contained in the original materials, (b) you must give attribution to ACC and if possible provide a reference to ACC's main site, www.acc.org, (c) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (d) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is ACC's material. You may not engage in systematic retrieval of Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database, or directory without the express prior written permission of ACC.

The use of robots, spiders, crawlers or other automated downloading programs or devices for any purpose, including but not limited to harvesting postal or email addresses of individuals from the Sites to send unsolicited or unauthorized commercial material, is strictly prohibited. ACC may take all reasonable steps to cease such unauthorized activities and to prevent any recurrence thereof, including terminating your access to the Sites.

You may not use the services on the Sites to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, hateful, obscene, profane, pornographic, or threatening, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. ACC may at any time exercise editorial control over the content of any information or material that is submitted or distributed through the Sites.

You may not, without the approval of ACC, use the Sites to publish or distribute any advertising, promotional material, or solicitation to other users of the Sites to use any goods or services, including, for example, using the Sites to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Sites to download and redistribute public information or shareware for personal or commercial gain or use the Sites to distribute multiple copies of public domain information or shareware.

  1. Click-Through Agreements

Before using certain areas of the Sites, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept," "I Agree," "Okay," "I Consent," or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between this TOS and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

  1. User Obligations

You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with ACC's operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through a Site registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, ACC reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites.

  1. Proprietary Rights

The content of the Sites includes, without limitation, (a) ACC's trademarks, service marks, logos, and other distinctive identification (collectively, "Marks"); and (b) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, artwork, and (c) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (a), (b), and (c) shall be collectively referred to herein as "Content"). Content is the property of ACC, its licensors, sponsors, advertisers, collaborators, content providers, or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any Content by you, or by you through any other person or entity, for any for-profit or commercial activities or purposes is prohibited unless express written consent is separately obtained from ACC, or the owner of such content if ACC is not the owner, and unless otherwise expressly permitted under applicable law or as described in this TOS or applicable license or other agreement. Any use of the Marks without ACC's express written consent is strictly prohibited. Any questions about whether a particular use of Content is authorized and any requests for permission to publish, reproduce, distribute, display, make derivative works from, or otherwise use the Content should be sent to ACC Member Care.

  1. Responsibility for Use of the Internet and the Sites

Use of the Internet and the Sites is solely at your risk and is subject to all applicable local, state, national, and international laws and regulations. ACC does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sties over the Internet or other communication network. ACC shall not be obligated to correct or update the Sites or Content and ACC shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.

  1. No Medical Advice

The information on the Sites and Content are for informational purposes only, and is not intended as medical advice or as a substitute for the medical advice of a physician.
The information contained in the Sites and Content may or may not reflect the most current medical developments; accordingly, information on the Sites are not promised or guaranteed to be correct or complete, and should not be relied upon as such. As medical advice must be tailored to each individual and the specific circumstances of each individual, nothing provided on the Sites or the Content should be used as a substitute for medical advice and do not necessarily reflect the opinions of ACC.

  1. Third Party Information

The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of ACC or its affiliates. ACC makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services, or products.

  1. Advertisers

The Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. ACC shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, ACC shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.

  1. Links to Third Party Websites

The Sites may provide links (including any link through an online banner advertisement) to other sites on the Internet solely as a convenience to you. These other sites are maintained by third parties over which ACC exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the Sites, you do so entirely at your own risk. You should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.

  1. Links to Sites and Content

Links posted by third parties to the Sites and/or Content may not use the Marks and shall not suggest that ACC promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. ACC reserves the right to require any linking party to disable or remove any link that violates ACC's rights or causes interruption or deterioration of Content.

  1. Disclaimer of Warranties

THE SITES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER ACC, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY, "ACC PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (A) THE SITES OR CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (B) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (D) CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THIS TOS, THE SITES AND/OR THE CONTENT, YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT ACC HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

  1. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACC PARTIES SHALL NOT BE LIABLE TO YOU OR OTHERS, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM, IN CONNECTION WITH, AS A RESULT OF, OR ARISING: (i) OUT OF THE USE OR INABILITY TO USE THE SITES AND/OR ANY CONTENT, (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITES AND/OR CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITES, OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRASNMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; (vii) FROM ANY DELAY OR FAILURE OF THE SITES ARISING OUT OF CAUSES BEYOND ACC'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES, OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITES OR CONTENT.

  1. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold the ACC Parties harmless from and against any and all claims which may arise out of or are in any way related to your use of the Sites and/or Content, a violation by you of this TOS, or any other actions connected with your use of the Sites and/or Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. ACC will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the ACC Parties other than under this Section.

  1. Systems Reliability

ACC endeavors to keep the Sites available twenty-four (24) hours a day, seven (7) days a week, and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. ACC shall not be liable for lost information or non-availability of services on the Sites.

  1. Term and Termination

This TOS will take effect at the time you begin using the Sites. ACC reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate this TOS. This TOS will terminate automatically if you fail to comply with or violate the TOS. You may terminate this TOS at any time by ceasing to use the Sites, but all applicable provisions of this TOS will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any Content, in your possession.

  1. Notice for Claims of Intellectual Property or Copyright Infringement; Agent for Notice of Infringement

ACC respects the intellectual property rights of others and has made every effort to secure appropriate clearances for all content that ACC directly makes available on the Sites. ACC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringing upon the intellectual property rights of others.

Pursuant to the Digital Millennium Copyright Act ("DMCA"), ACC has a designated agent to receive notices of alleged copyright infringement claims. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify ACC's DMCA Agent at:

Lisa M. Hix
American College of Cardiology
2400 N Street, NW
Washington, D.C. 20037
(202) 375-6599
lhix@acc.org

Please include the following information in your notice:

  1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. Your physical or electronic signature.
  1. No Waiver

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 TOS shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claiming such waiver or consent.

  1. Severability

If any provision in this TOS is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

  1. Governing Law

You and ACC agree that this TOS shall be governed by and construed exclusively in accordance with the laws of the District of Columbia, U.S.A, without regard to its conflicts of law principles. You and ACC agree that all claims and disputes shall be litigated only in a court of competent jurisdiction located in the District of Columbia, U.S.A, and you and ACC each agree to personal jurisdiction in such courts.

  1. Statute of Limitations

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

  1. Entire Agreement

This TOS, together with any revision, any additional terms or conditions incorporated by reference, and any Click-Through Agreement, constitute the entire agreement between us relating to the Sites and its use by you, and supersedes all prior agreements regarding use of the Sites.

  1. Contact Us

American College of Cardiology Foundation
Member Care
2400 N Street, NW
Washington, DC 20037
Telephone (Toll free in US/Canada): (800) 253-4636 x5603
Telephone (outside of US/Canada): (202) 375-6000 x5603
resource@acc.org