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TERMS OF USE

AGREEMENT BETWEEN USER AND AMERICAN COLLEGE OF MOHS SURGERY

The American College of Mohs Surgery (“ACMS”) Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ACMS Web Site and/or any service or feature therein constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

ACMS reserves the right to change the terms, conditions, and notices under which the ACMS Web Site any service or feature therein is offered.

LINKS TO THIRD PARTY SITES

The ACMS Web Site and information, services and/or features contained therein may contain links to other Web Sites (“Linked Sites”). Any Linked Sites are not under the control of ACMS and ACMS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ACMS is not responsible for webcasting or any other form of transmission received from any Linked Site. To the extent that ACMS provides such links, it does so only as a convenience to users, and the inclusion of any link does not imply endorsement by ACMS of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the ACMS Web Site and/or any service of feature therein, you warrant to ACMS that you will not use the ACMS Web Site (including any electronic bulletin board or Wiki application contained therein)  for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ACMS Web Site in any manner which could damage, disable, overburden, or impair the ACMS Web Site or interfere with any other party's use and enjoyment of the ACMS Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ACMS Web Sites.

NO RELIANCE FOR MEDICAL DECISIONS

Information, services and/or other features contained in this web site (including any electronic bulletin board or Wiki application contained therein) are being provided for general educational and informational purposes only and are not intended to be a substitute for independent medical judgment or constitute case-specific medical advice or treatment in any way.  Such information, services and/or features are not intended to serve as the primary basis for making personal or professional medical decisions, nor are they intended to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider prior to making any treatment or diagnosis decisions and with any questions you may have regarding a medical condition or its diagnosis or treatment.  You should confirm any information obtained from this site with other sources before undertaking any treatment or otherwise taking any actions relating thereto.  Any reliance on any information, services or other features contain in this site is solely at your own risk.

USE OF COMMUNICATION SERVICES

The ACMS Web Site may contain bulletin board services, Wiki applications, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

ACMS has no obligation to monitor the Communication Services. However, ACMS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ACMS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ACMS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ACMS’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ACMS does not control or endorse the content, messages or information found in any Communication Service and, therefore, ACMS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ACMS spokespersons, and their views do not necessarily reflect those of ACMS.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ACMS OR POSTED WITHIN THE ACMS WEB SITE

ACMS does not claim ownership of the materials you provide to ACMS (including feedback and suggestions) or post, upload, input or submit to any ACMS Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ACMS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ACMS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ACMS’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ACMS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY MADE TO THE INFORMATION, SERVICES AND FEATURES HEREIN.  ACMS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ACMS WEB SITE AT ANY TIME, HOWEVER, NO OBLIGATION IS UNDERTAKEN TO DO SO.

ADVICE RECEIVED OR INFORMATION OBTAINED VIA THE ACMS WEB SITE (INCLUDING WITHOUT LIMITATION ANY ELECTRONIC BULLETIN BOARD OR WIKI APPLICATION CONTAINED THEREIN) SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU AGREE AND ACKNOWLEDGE THAT THE INFORMATION CONTAINED IN THIS WEB SITE (ANY ELECTRONIC BULLETIN BOARD OR WIKI APPLICATION CONTAINED THEREIN) IS INTENDED TO BE USED ONLY AS  A GENERAL, NON-CASE-SPECIFIC GUIDE FOR GENERAL INFORMATIONAL PURPOSES , BUT NOT AS THE SOLE OR PRIMARY BASIS UPON WHICH ANY SPECIFIC CONDUCT WILL BE RECOMMENDED OR TAKEN IN ANY SPECIFIC SITUATION.

ACMS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SERVICES, FEATURES, PRODUCTS,  AND/OR ANY OTHER CONTENT (COLLECTIVELY, “CONTENT”) CONTAINED ON THE ACMS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACMS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACMS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 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 ACMS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE ACMS WEB SITE OR RELATED INFORMATION, SERVICES OR OTHER FEATURES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT THROUGH THE ACMS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ACMS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACMS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH THE ACMS WEB SITE OR ANY INFORMATION, SERVICE OR FEATURE THEREIN, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ACMS WEB SITE.

TERMINATION/ACCESS RESTRICTION

ACMS reserves the right, in its sole discretion, to terminate your access to the ACMS Web Site and the related services or any portion thereof at any time, without notice.  To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Milwaukee County, Wisconsin, U.S.A. in all disputes arising out of or relating to the use of the ACMS Web Site. Use of the ACMS 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 ACMS as a result of this agreement or use of the ACMS Web Site. ACMS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ACMS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ACMS Web Site or information provided to or gathered by ACMS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ACMS with respect to the ACMS Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ACMS with respect to the ACMS Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT

All contents of the ACMS Web Site are: Copyright 2002-2007, American College of Mohs Surgery, except where otherwise expressed or implied.  All rights reserved. 

TRADEMARKS

Any rights not expressly granted herein regarding ACMS’s trademark, tradename, logos and other proprietary rights, and those of others whose trademarks may be included in content within this web site are reserved.