Terms and Conditions

Subscriber Agreement
The following provisions govern your access to and use of the Abmsdirectory Web Site ("Web Site"), a service made available to you as a Web Site subscriber ("Subscriber") by Elsevier Inc. ("Provider"). In order to access and use the Web Site and all information and content, including data from The Official ABMS Directory of Board Certified Medical Specialists™ database, (collectively, "Content") provided on or through the Web Site, Subscriber agrees to the following terms and conditions:

BINDING TERMS AND CHANGES

By becoming a Subscriber, completing the online registration process, and clicking the "Accept" button, and accessing and using the Web Site, you are indicating that you agree to be bound by all of the terms and conditions set forth in this Subscriber Agreement without limitation or qualification.

Provider may change the terms in this Subscriber Agreement. When the terms are changed, Provider will notify you by e-mail or online postings. If you do not agree to the changes, you may cancel your subscription to the Web Site. Your continued use of the service shall be construed as your acceptance of the updated agreement terms.

Provider may change the fees charged for the service. When fees are changed, Provider will notify you by e-mail or online postings. The fee options available to you will be presented within the service. In order to continue your access to the service you will need to select one of the available fee options. If you do not select one of these options, your subscription to the Web Site will be terminated at the end of the subscription term then in effect. If your subscription is paid by an organization on your behalf, ("Sponsoring Organization"), you will have the option to continue your subscription under the prevailing terms of such sponsorship.

USE OF SUBSCRIBER INFORMATION


By entering into this Subscriber Agreement, you also are agreeing that Provider may store the information you provided as part of the registration process and use aggregate statistical information about our subscribers in marketing its services. No one other than Provider will receive your name, address, phone number, e-mail address, or other specific personal identifying information, without your express prior consent.

COPYRIGHTS AND LIMITATIONS ON USE


Provider grants to its Subscribers a non-transferable, non-exclusive right and revocable license to access and use the Web Site and any Content provided on or through the Web Site according to the terms and conditions set forth in this Subscriber Agreement. The Content on the Web Site and compilation is Copyright 2009 Elsevier Inc. and American Board of Medical Specialties and is protected by copyright and other intellectual property laws. The trademarks, logos, and service marks (collectively, "Trademarks") displayed on the Web Site are registered and unregistered Trademarks of Provider, American Board of Medical Specialties and/or others. Except as expressly granted by this Subscriber Agreement, you acquire no right, title or license in or to the Trademarks, Web Site or the Content on the Web Site.

You may not reproduce, retransmit, store, distribute, publish, broadcast, circulate, resell, re-license or otherwise disseminate the Content in any medium to any other person or entity, including but not limited to others in the same company or organization, or change, alter, modify, or adapt the Content, including but not limited to decompiling, reverse engineering, disassembling, or creating derivative works from the Web Site. You may not use the facilities and/or services of the Web Site 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 would be abusive, profane, pornographic, or sexually offensive to an average person, or which contains errors. Provider may at any time exercise editorial control over the content of any information that is distributed through its facilities and/or services. You may not, without the express prior written permission of Provider, use its facilities and/or services to publish or distribute any advertising, promotional material, or solicitation to other subscribers to use any goods or services. For example, you may not use the facilities and/or services of the Web Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other subscribers to become subscribers of other information services. Similarly, you may not use the facilities and/or services the Web Site to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.

Subscribers are not permitted to download excessive portions of the Web Site's Content. The use of robots and all automated downloading programs are prohibited. Provider shall take all reasonable steps to cease such excessive and unauthorized activity and to prevent any recurrence thereof, including terminating your access to the Web Site.

FEES AND PAYMENTS


You agree to pay all charges (which are not paid by a Sponsoring Organization on your behalf) incurred in connection with your user name and password for the Web Site (including any applicable taxes) at the rates in effect when the charges were incurred.

All charges incurred in connection with your user name and password (which are not paid by a Sponsoring Organization on your behalf) will be billed to the credit card you designate. PROVIDER SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

You also are responsible for any charges incurred to access the Web Site, such as telephone and other equipment charges, and fees charged by an Internet access provider or other third party service. You are also responsible for any applicable taxes relating to your use of the services.

By entering into this Subscriber Agreement, you acknowledge that the Web Site's services are for your exclusive use only. Use or sharing of passwords by non-subscribers is prohibited. Failure to comply will result in immediate suspension of your account.

DISCLAIMER OF WARRANTIES AND LIABILITY


THE WEB STIE IS PROVIDED ON AN "AS IS" BASIS. PROVIDER AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEB SITE OR THE CONTENT OR ANY OTHER INFORMATION ON OR AVAILABLE THROUGH THE WEB SITE. NEITHER PROVIDER NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE CONTENT AND ANY OTHER INFORMATION ON OR THROUGH THE WEB SITE. IN NO EVENT WILL PROVIDER, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. PROVIDER AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THIS LIMITATION OF LIABILITY IS PROHIBITED, YOU AGREE THAT THE LIABILITY OF PROVIDER, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE WEB SITE, CONTENT OR ANY OTHER INFORMATION PROVIDED BY PROVIDER SHALL NOT EXCEED THE AMOUNT YOU PAID TO PROVIDER FOR THE INFORMATION.

Provider neither endorses nor takes responsibility for any products, goods or services offered by outside vendors through our services or advertised on our system.

SYSTEMS RELIABILITY AND FORCE MAJEURE


Provider will make every effort to keep its services available 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. Provider shall not be liable for lost information or non-availability of the services.

Except as to payment obligations, neither party shall be liable or considered in default under this Subscriber Agreement when the 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, insurrection, and war, provided the party involving this Section immediately provides notice thereof to the other and does everything reasonably possible to resume its performance thereunder.

TERMINATION AND GENERAL PROVISIONS


Your subscription will continue until terminated by Provider at any time for any reason or until you notify Provider by telephone, electronic mail, or via means provided within the service of your decision to terminate your subscription. Provider may discontinue or change its services, or its availability to you, at any time, and you may always terminate your subscription at any time. This Subscriber Agreement is personal to you, and you may not assign your rights or obligations to anyone.

 Subscribers who use foul language, communicate inappropriately, download material for any use other than personal, fail to pay or attempt to subvert the Web Site system and/or services shall have their accounts terminated without compensation.

Neither failure or 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 Subscriber 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 Subscriber Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. This Subscriber Agreement, your rights and obligations, and all actions contemplated by this Subscriber Agreement shall be governed by the laws of the United States of America and the State of Missouri, as if the Agreement was a contract wholly entered into and wholly performed within Missouri. This Subscriber Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.


Last Updated: November 4, 2009