American Board of Urgent Care Medicine (“ABUCM”)
The Service is comprised of (i) the ABUCM website, currently located at http://abucm.org, and any successor or additional website(s) owned or operated by or for ABUCM; (ii) the servers operated by or on behalf of ABUCM; and/or (iii) any other technology and/or services that ABUCM provides through its website. The Service may be distributed through any media format through any media channel and/or via any media device. The Service allows You to access ABUCM’s content and other materials, and to communicate with ABUCM regarding its certification services.
The ABUCM website is protected by copyright under both United States and foreign laws. Unauthorized use of this website may violate copyright, trademark, and other laws. You may not sell or modify the material, or reproduce, publicly perform, distribute, display or otherwise use the material in any way for any public or commercial purpose. The use of the material on any other web site for any purpose is prohibited unless express written permission is first obtained and the purpose clearly outlined in written request. You may not copy or adapt the HTML that ABUCM creates to generate the pages on this website. The content accessible through the Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “ABUCM Content”) and the trademarks, service marks and logos contained therein (the “ABUCM Marks”), are owned by or licensed to ABUCM, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these TOU, the ABUCM Content and Marks are provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever except as set forth in these TOU. ABUCM reserves all rights not expressly granted in and to the Service and the ABUCM Content. If You download or print a copy of the ABUCM Content, You must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any ABUCM Content.
Without limiting the generality of the foregoing, You are allowed to print individual pages or screens from the ABUCM site using your browser's Print commands for noncommercial educational purposes only. However, no content may be distributed in a generally accessible (public) website or other public form without the prior written consent of ABUCM. Any ABUCM Content collected and/or distributed under the terms of this paragraph must bear visible credit to the ABUCM in the form of the following annotation: Copyright [DATE] American Board of Urgent Care Medicine (www.abucm.org). USE OF THE ABUCM WEBSITE AND ACCESS TO ITS CONTENT DOES NOT CONFER YOU WITH ANY RIGHTS IN ANY OF THE ABUCM CONTENT OR MARKS.
All material submitted to ABUCM become the property of ABUCM and will not be returned. By submitting Your submission, you grant ABUCM an irrevocable royalty-free, worldwide right, in all media (now known or later developed) to use, publish, alter or otherwise exploit your submission and to sublicense such rights to a licensee at ABUCM and ABUCM’s discretion. You hereby forever release ABUCM and any of its licensees from any and all claims you might have in connection with its use and exhibit of your submission as set forth above. You also agree to sign any necessary documentation to effectuate that license and release. Your submission must be your own original work and, by submitting your submission, you represent and warrant that: it is your sole original work; and you have obtained any and all consents, approvals or licenses required for you to submit your submission (including obtaining the written consent of all third parties, where applicable). You waive any claim of infringement (including without limitation copyright, trademark, patent, trade name, trade secret, etc.) against ABUCM or their licensees based upon access to or use of your submission. If you do not want to grant ABUCM the foregoing, please do not submit your submission. ABUCM is not obligated to use any submission.
No Guaranty of Certification
ABUCM offers its certification services without guaranteeing that any physician will receive such certification. Your use of the ABUCM website and access to the ABUCM Content does not in any way create a contract, agency, representation, or other legal relationship between You and ABUCM. Similarly, completing ABUCM’s website contact form does not confer certification or imply that ABUCM will certify You. Moreover, application for certification, whether by submission of a form on this website, by electronic submission by certify You.
The ABUCM website contains links to the "ABUCM Diplomate" directory as a public service to help individuals locate an urgent care board certified physician. The information is accurate to the best of the ABUCM’s knowledge.
If You submit any materials to ABUCM, You represent and warrant at all times that: (i) You are either more than 18 years of age and/or the authorized representative of a business entity and are fully authorized to enter into these TOU on Your own behalf and on behalf of any other individuals or companies whom You are representing; (ii) You are fully able and competent to accept, make and/or perform the terms, conditions, obligations, representations and warranties set forth in these TOU, and to abide by and comply with the terms herein; (iii) if You are a company or corporation, You are duly organized, validly existing and in good standing under the laws of the state of Your organization, You have full corporate power and authority to enter into these TOU, and You are duly authorized to perform the obligations and to carry out the provisions herein; (iv) You understand that these TOU are legal and valid obligations, binding and enforceable in accordance with their terms; and (v) neither the execution, delivery and performance of these TOU conflicts with any agreement, instrument, or understanding, oral or written, to which You are a party or by which You may be bound, or violates any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over You.
You agree that You will not: (i) take any action that imposes, or may impose, in ABUCM’s sole discretion, an unreasonable or disproportionately large load on ABUCM’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) alter or modify any part of the website or access ABUCM Content through any technology or means other than those explicitly designated by ABUCM; (iv) bypass any measures ABUCM may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or (v) interfere with any other user’s enjoyment of the Service, including, without limitation, accessing an account of a user that is not Yours.
You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service, any ABUCM Content or any other content available through the ABUCM website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder. In addition, You may not remove any proprietary notices, marks or labels.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Service in a manner which sends more request messages to the ABUCM server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
You shall not harvest or collect information from the Service, including, without limitation, information about other users of the Service. The use of any information learned through the Service or while on the ABUCM website is limited to the express purposes set forth in these TOU; all other uses are strictly prohibited.
Unless expressly authorized, You shall not frame or otherwise display any portion of the ABUCM.com website or any of its contents. No hyperlinks to any password protected web pages on the ABUCM website are allowed. Hyperlinks to non-restricted pages are subject to review and termination by ABUCM in our sole discretion.
Limitations of Liability
IN NO EVENT SHALL ABUCM OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE, THE VIDEO CONTENT, THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THESE TOU, AND/OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SERVICE (INCLUDING BUT NOT LIMITED TO, ABUCM CONTENT AND ABUCM MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ABUCM OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ABUCM ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; ANY UNAUTHORIZED ACCESS TO OR USE OF THE ABUCM SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ABUCM WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE ABUCM WEBSITE BY ANY THIRD PARTY, AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO CONTENT, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, ABUCM’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You acknowledge that Your information will be transmitted over local exchange, interexchange and internet backbone carrier lines through routers, switches and other devices owned, maintained and serviced by third party local exchange and long-distance carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of the ABUCM and its suppliers. Accordingly, ABUCM assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the ABUCM site.
You agree to not use the ABUCM website to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defaming, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. You agree that any content You upload, post, email, or otherwise transmit is owned by You or that You have a license to transmit such content to ABUCM.
You agree to defend, indemnify and hold ABUCM, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the ABUCM website and the ABUCM content. ABUCM shall provide notice to You promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
ABUCM makes no claims regarding whether or not the content is appropriate or may be downloaded outside the United States. Access to the content (including software) may not be legal by certain persons or in certain countries. If you access the ABUCM site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the ABUCM Content (including software) to countries or persons prohibited under the export control laws. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of the ABUCM Content (including software).
ABUCM reserves the right to suspend its publication of the ABUCM website and the ABUCM Content or any aspect thereof under these TOU at any time, without giving prior notice, for any act which ABUCM, in its sole discretion, determines to be harmful to any end user of the Service, the Service itself or which ABUCM determines in good faith violates or fails to comply with any applicable law or regulation. ABUCM may, without notice to You, remove or block You from the Service.
ABUCM may terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate Your use of the Service at any time, provided that all provisions of these TOU, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THE SERVICE, ABUCM CONTENT AND MARKS ARE PROVIDED BY ABUCM “AS IS” AND “AS AVAILABLE” ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THESE TOU, ABUCM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THESE TOU, INCLUDING BUT NOT LIMITED TO THE SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ABUCM DISCLAIMS ALL WARRANTIES REGARDING THE SERVICE AND ITS CONTENTS AND MARKS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, TITLE, SUITABILITY, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES) OR OTHERWISE. YOU AGREE THAT USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. ABUCM MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU THAT THE SERVICE WILL BE ERROR-FREE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC. YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICE RELIES UPON THIRD-PARTY SOFTWARE FOR CERTAIN FUNCTIONS, INCLUDING, WITHOUT LIMITATION, THE ENCODING AND APPLICATION OF SECURITY AND DIGITAL RIGHTS MANAGEMENT FUNCTIONALITY AND PROTECTIONS, IF AVAILABLE. ABUCM MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT SUCH SOFTWARE WILL BE ERROR FREE, ACCOMPLISH THE SPECIFIED INTENT OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC, AND ABUCM SHALL NOT BE LIABLE FOR ANY FAILURE THEREOF TO YOU OR ANY THIRD PARTY. YOU ALSO ACKNOWLEDGE AND AGREE THAT TECHNOLOGY MAY EXIST OR BE DEVELOPED TO COPY, DOWNLOAD OR OTHERWISE ACQUIRE YOUR USER MATERIAL AND CONTENT WITHOUT YOUR AND/OR ABUCM’S AUTHORIZATION AND/OR KNOWLEDGE. FURTHER, ABUCM DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND ABUCM WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.
If You do not accept all of the terms and conditions set forth in these TOU, You may not access or use the Service. You may not assign any of Your rights or obligations under these TOU without ABUCM’s express prior written consent. ABUCM may assign its rights or assign or delegate any of its obligations under these TOU without restriction. You agree to act in good faith with respect to each provision of these TOU and any dispute that may arise related hereto or thereto.
If any provision of these TOU is found illegal or unenforceable, the TOU will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these TOU will not be affected. No delay or failure by ABUCM to exercise or enforce any of its rights under these TOU will act as a waiver of such rights.
These TOU constitutes the entire understanding of the parties hereto with respect to the matters and transactions contemplated hereby and supersedes all previous agreements between You and ABUCM concerning the subject matter hereof. Neither party hereto has relied on any statement, representation or promise of the other party or representative thereof in agreeing to these TOU.
The Service is controlled and offered by ABUCM from its facilities in the United States of America. ABUCM makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
In the event that ABUCM is prevented from performing or is unable to perform any of its obligations under these TOU due to any cause beyond its reasonable control, then ABUCM’s performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.
These TOU shall be governed by and construed in accordance with the laws of the State of Florida, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Orange County, Florida for any claim or action arising out of or relating to these TOU or Your use of the Service. You agree that: the Service shall be deemed to be solely based in the State of Florida; the ABUCM website shall be deemed a passive website that does not give rise to personal jurisdiction over ABUCM, either specific or general, in jurisdictions other than the State of Florida; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
The section headings and subheadings contained in these TOU are included for convenience only, and shall not limit or otherwise affect the terms hereof. Each provision of these TOU shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision. All terms of these TOU which by their nature extend beyond their termination shall remain in effect for as long as necessary to permit their full discharge and apply to each party’s respective successors and permitted assigns.
All notice required to be given in writing and delivered either by hand or by recognized overnight delivery service shall be pre-paid and addressed as set forth below.
If to ABUCM:
American Board of Urgent Care Medicine
2813 S. Hiawassee Rd., Suite 206
Orlando, FL 32835
If to You: Via email or transmittal to the address identified by You in contacting ABUCM.