ACCMETerms and Conditions

Terms and Conditions of Use

Effective Date: April 14, 2021

Terms and Conditions of Use

The following terms and conditions (“Terms”) govern all use of the ACCME websites (including, but not limited to: accme.org, cmefinder.org, pars.accme.org and academy.accme.org – collectively referred to as the “Websites”) and all (as defined below), services and products available at or through the Websites (“Services”). The Websites are owned and operated by the Accreditation Council for Continuing Medical Education (“ACCME”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this site by ACCME. By using the Services, you agree that: (1) you have read and understand these Terms; and (2) you agree that you will comply with these Terms.

By using our Websites, you also indicate your understanding that ACCME may revise these Terms from time to time and we will notify you of such changes by posting the revised Terms and modifying the Effective Date set forth above. Your continued use of the Websites after we have revised the Terms will indicate that you accept them as revised. The amended Terms supersede all previous versions of the Terms. We recommend that you review these Terms regularly.

ACCME Content

All content and material comprised in, appearing on, or made available through the Services, including, without limitation, artwork, graphics, photos, images, designs, text, together with all copyrights, trademark rights and other intellectual property rights therein and thereto (collectively, “Content”), are the property of ACCME and, except as expressly permitted herein, may not be copied, reproduced, used or exploited without the express prior written permission of ACCME.

The Websites’ Content and Services are intended for personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, archive, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of ACCME. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Websites (such as screen scraping, crawling, reproducing, duplicating, copying, selling, trading or reselling) is prohibited.

Use Restrictions

Unless otherwise expressly granted herein by ACCME, you may not, and may not permit others, to:

Use the Websites to perform any illegal activities, including, but not limited to, defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal or privacy rights of others;
Use the Websites to collect names or contact information for mailings or communications;
Transmit any material that contains malware, virus, other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
Impersonate anyone or any entity, falsely state or otherwise misrepresent other users’ affiliation with a person or entity; and/or
Incorporate any Content into any other work or use the Content in any public or commercial manner.

Additional Terms

If you choose to use any of the Services provided through the Websites, you may be asked to agree to the terms customized to those Services. In the event a specific service’s terms and conditions are in conflict with these Terms, the terms and conditions of the specific service will take precedence.

Privacy and Personal Information

Click here to review the ACCME’s Privacy Policy, which is incorporated into the Terms by reference. By accessing the Websites, you acknowledge that you have read and agree to ACCME’s Privacy Policy, including the use of your information in accordance with ACCME’s Privacy Policy.

Your ACCME Account(s)

A member account (“Account”) is the area in our Websites, which is accessible via a password and contains personal information regarding the user. If you have an Account on the Websites, you are responsible for maintaining the security of your Account and fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You must immediately notify ACCME at info@accme.org of any unauthorized uses of your Account or any other breaches of security. ACCME will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Registration of a user requires the user to provide a valid e-mail address for the communication between ACCME and the user along with a valid name, amongst other information required.

Links to Third Party Sites

ACCME may provide links to other websites that are not owned or controlled by ACCME. ACCME is not responsible for the contents or operation of any linked site. The inclusion of any link does not imply endorsement by ACCME of the sponsor or content of the linked website.

Warranty, Disclaimer, and Limitation of Liability

ACCME DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, to the fullest extent permitted by law, ACCME disclaims any warranties for viruses and other harmful components in connection with the WebsiteS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACCME OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ACCME, ITS SUBSIDIARIES, ITS LICENSORS AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

IN NO EVENT SHALL ACCME, ITS OFFICERS, DIRECTORS, MEMBERS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITES, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL BUSINESS INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR USE, OR INABILITY TO USE, ANY PORTION OF OUR WEBSITES OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF YOUR REVENUE, PROFITS, GOODWILL OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES . THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACCME IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ACCME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE TRUTH AND/OR ACCURACY OF ANY INFORMATION THAT IS POSTED ON ITS WEBSITES AS WELL AS FOR THEIR RELIABILITY AND/OR THEIR ABILITY TO CONDUCT BUSINESS PROPERLY OF USERS.

ACCME IS NOT RESPONSIBLE FOR THE INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, INFORMATION OR USERS’ CONTENT THAT IS POSTED ON THE WEBSITES.

THE MAXIMUM AGGREGATE LIABILITY OF ACCME IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO ACCME TO ACCESS AND USE THE SERVICES.

You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that ACCME would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Confidentiality

As a result of the provision of our Services to you, and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Information”). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Information only for the specific purposes as allowed in these Terms. Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, you acknowledge that our information is proprietary, confidential, and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

Indemnification

You agree to indemnify and hold harmless ACCME, its vendors, and its licensors, and their respective directors, officers, members, shareholders, managers, employees, and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of the Websites, including but not limited to your violation of the Terms.

Copyright Infringement

As ACCME asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ACCME violates your copyright, you are encouraged to notify ACCME. ACCME will respond to such action as it deems appropriate in its sole discretion, which may include removing the infringing material or disabling all links to the infringing material. ACCME will terminate a visitor’s access to and use of the Websites if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ACCME or others.

Intellectual Property

The Terms do not transfer from ACCME to you any ACCME or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with ACCME. ACCME Academy, the ACCME Academy logo, and all other trademarks, service marks, graphics, and logos used in connection with the Websites are trademarks of ACCME or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any ACCME or third-party trademarks.

Modifications

ACCME reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Websites following the posting of any changes to the Terms constitutes acceptance of those changes. ACCME may also, in the future offer new services and/or features through the Websites. Such new features and/or services shall be subject to the Terms.

Waiver/Severability

No failure to exercise a right or privilege by ACCME shall be deemed a waiver of such right or privilege. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.

Staff Changes and Termination

ACCME may terminate your access to all or any part of the Websites, including your Account, at any time, with or without cause, with or without notice, effective immediately. In addition, ACCME can terminate the Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to cancel your Account, you may e-mail us at info@accme.org with a request to cancel your Account. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

It is expected that the ACCME is to be notified of staff changes so we can modify access and ensure that courses are assigned appropriately.

Governing Law/Exclusive Venue

These terms and conditions are governed by the laws of the United States of America and the laws of the State of Illinois. By using the Services, you agree that you (1) submit to the jurisdiction of any state or federal court sitting in Chicago, Illinois in any action or proceeding arising out of or relating to these Terms; (2) agree that all claims in respect of such action or proceeding shall be heard or determined exclusively in any such court; and, (3) agree not to bring any action or proceeding arising out of or relating to these Terms in any other court. You hereby waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waive any bond, surety or other security that might be required of ACCME with respect thereto.

Electronic Signature

Affirmatively accessing the Websites and/or using any of the Services constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

Entire Agreement

These Terms contain the entire understanding by and between you and ACCME with respect to the matters contained herein, and there are no promises, covenants or undertakings other than those expressly set forth herein.

Contact Information

If you have any questions regarding our Terms, you may contact us at info@accme.org.