Terms of Use
Welcome to ACP Books e-bookstore. The goal of this Web site is to provide to the largest group of people possible access to a broad range of quality information about our publications and services. To insure a safe, non-offensive environment for all of our users, we have established these Terms of Use. This document describes what you can expect from us, and what we expect from you.
By accessing any area of the ACP Books Web site, users ("Users," "you," "your") agree to be legally bound and to abide by these Terms of Use.
TRADEMARKS
The
trademarks, logos and service marks ("Marks") displayed on
the ACP Books Web site are the property of ACP Books and the
American College of Physicians. All rights are reserved.
CONTENT
Proprietary
Rights
User acknowledges that the ACP Books Web site
contains information, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds, and other material
(collectively "Content") that are protected by
copyrights, trademarks, trade secrets, or other proprietary rights,
and that these rights are valid and protected in all forms, media
and technologies existing now or hereinafter developed. All Content
is copyrighted where applicable as a collective work under the U.S.
copyright laws, and ACP Books owns a copyright in the selection,
coordination, arrangement, and enhancement of such Content. Users
may not modify, remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative works
from, or in any way exploit any of the Content, in whole or in
part, except as expressly permitted by ACP Books or otherwise
stated herein. If no specific restrictions are displayed, Users may
make copies of select portions of the Content, provided that the
copies are made only for User's personal use and that User
maintains any notices contained in the Content, such as all
copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentences or as
permitted by the fair use privilege under the U.S. copyright laws
(see e.g., 17 U.S.C. Section 107), Users may not upload, post,
reproduce, or distribute in any way Content protected by copyright,
or other proprietary right, without obtaining permission of the
owner of the copyright or other propriety right. In addition to the
foregoing, use of any software Content shall be governed by the
software license agreement accompanying such software.
Distribution/Uploading
of Third-Party Content
Except as set forth in Paragraph II
a. above, Users may upload to or otherwise distribute on the ACP
Books Web site only Content that is not subject to any copyright or
other proprietary rights protection (collectively, "Public
Content"), or Content in which the author has given express
authorization for distribution on the World Wide Web. Users will be
liable for any damage resulting from any infringement of copyrights
or proprietary rights, or from any other harm arising from such
submission. Neither ACP Books, ACP, its affiliates, nor any of
their officers, directors, employees, agents, Providers, or the
like, will be liable for any damage resulting from any infringement
of copyrights or proprietary rights, or from any other harm arising
from such User submission. In compliance with the Digital
Millennium Copyright Act, Users and other persons can report an
infringement to ACP Books at acppress@acponline.org. By submitting
Content to any Web site areas, including, without limitation, any
User-submitted comments or forum postings, User automatically
grants, or warrants that the owner of such Content has expressly
granted to ACP Books the royalty-free, perpetual, irrevocable,
nonexclusive right and license to use, reproduce, publish,
translate, sublicense, copy, and distribute the Content in whole or
in part worldwide and/or to incorporate it in other works in any
form, media, or technology now known or hereafter developed for the
full term of any copyright that may exist in such Content. User
also permits any other User to access, store, or reproduce the
Content for that User's personal use. Subject to this grant, the
owner of Content placed on the ACP Books Web site retains any and
all rights which may exist in such Content.
Third-Party
Content
Neither ACP Books nor its affiliates, nor any of
their officers, directors, employees, or agents, nor any third
party, including any Provider, or any other User of the ACP Books
Web site, guarantees the accuracy, completeness, or usefulness of
any Content, nor its merchantability or fitness for any particular
purpose. In many instances, the Content available through the ACP
Books Web site represents the opinions and judgments of Users not
under contract with ACP Books. ACP Books neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice,
or statement made on the ACP Books Web site by anyone other than
authorized ACP Books employees. Under no circumstances shall ACP
Books, or its affiliates, or any of their officers, directors,
employees, or agents be liable for any loss, damage or harm caused
by a User's reliance on information obtained through the ACP Books
Web site or through communications with its employees. It is the
responsibility of User to evaluate the information, opinion,
advice, or other Content available through the Press' Web site.
ONLINE
CONDUCT
Access to and use of password protected and/or secure
areas of the ACP Books Web site is restricted to authorized Users
only. Unauthorized individuals attempting to access these areas of
the ACP Books Web site may be subject to prosecution.
If ACP
Books is notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Content provided by Users (e.g., through a
forum posting or online review), the Press may investigate the
allegation and determine in its sole discretion whether to remove or
request the removal of such Content from the ACP Books Web site. ACP
Books may disclose any Content or electronic communication of any
kind (i) to satisfy any law, regulation, or government request; (ii)
if such disclosure is necessary or appropriate to operate ACP Books;
or (iii) to protect the rights or property of ACP, the ACP Books,
its Users or Providers.
ACP Books reserves the right to
prohibit conduct, communication, or Content that it deems in its
sole discretion to be harmful to individual Users, ACP Books, ACP as
a whole or in part, or any rights of ACP Books or any third party,
or to violate any applicable law. Notwithstanding the foregoing,
neither ACP Books nor its Providers can ensure prompt removal of
questionable Content after online posting. Accordingly, neither ACP
Books, nor its affiliates, nor any of their officers, directors,
employees, or agents, nor Providers shall assume liability for any
action or inaction with respect to conduct, communication, or
Content on the ACP Books Web site.
PRIVACY
POLICY
In accordance with the terms of the ACP Books' Web
site Privacy Policy, ACP Books respects the privacy of its Users.
DISCLAIMERS
AND LIMITATION OF LIABILITY
ALL CONTENT, PRODUCTS, AND
SERVICES ON THE ACP BOOKS WEB SITE, OR OBTAINED FROM A WEB SITE TO
WHICH THE ACP BOOKS WEB SITE IS LINKED (A "LINKED SITE"),
ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, SECURITY OR ACCURACY. IT IS THE RESPONSIBILITY OF
THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY
OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE ACP BOOKS WEB
SITE.
YOU AGREE THAT ACP BOOKS, ITS AFFILIATES AND ANY OF
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT
BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY)
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE ACP BOOKS WEB
SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE ACP
BOOKS WEB SITE OR A LINKED SITE, EVEN IF THE ACP BOOKS IS MADE AWARE
OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY
INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES
WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR
ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER
INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE
PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR
OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.
ACP BOOKS
CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE
ACCESS TO THE ACP BOOKS WEB SITE.
THE INFORMATION, SOFTWARE,
PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED OR MADE AVAILABLE ON
THE ACP BOOKS WEB SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS, AND ACP BOOKS SPECIFICALLY DISCLAIMS ANY
LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY
MADE TO THE INFORMATION ON THE ACP BOOKS WEB SITE AND LINKED SITES.
ACP BOOKS MAY MAKE IMPROVEMENTS OR CHANGES TO THE ACP BOOKS WEB SITE
AT ANY TIME.
ACP BOOKS HEREBY DISCLAIMS ANY LIABILITY,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE,
SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN
CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY ACP BOOKS WEB
SITE THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS
(COLLECTIVELY, "PROVIDERS"), INCLUDING WITHOUT LIMITATION
LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT,
DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT,
NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY
EXONERATE THE ACP BOOKS FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such states
liability is limited to the fullest extent permitted by law.
TERMINATION
OF USAGE
ACP Books may terminate User's access, or suspend
any User's access to all or part of the ACP Books Web site, without
notice, for any conduct that ACP Books, in its sole discretion,
believes is in violation of any applicable law or is harmful to the
interests of another User, a third-party Provider or ACP Books. ACP
Books reserves the right to seek all remedies available at law and
in equity for violations of these Terms of Use.
SEVERABILITY
The
provisions of these Terms of Use are intended to be severable. If
for any reason any provision of these Terms of Use shall be held
invalid or unenforceable in whole or in part in any jurisdiction,
such provision shall, as to such jurisdiction, be ineffective to the
extent of such invalidity or unenforceability without in any manner
affecting the validity or enforceability thereof in any other
jurisdiction or the remaining provisions hereof in any jurisdiction.
CHANGES
TO TERMS OF USE
ACP Books reserves the right to revise these
Terms of Use at any time and Users are deemed to be apprised of and
bound by any changes to these Terms of Use. These Terms of Use were
last modified on April 1, 2009.
ACP Books is the books publishing program of the American College of Physicians, a national organization of internists - physicians who specialize in the prevention, detection, and treatment of illnesses in adults more..