Terms of Use

  1. Acceptance of Terms of Use. These Terms of Use are entered into between the American Board of Medical Specialties (ABMS) and any user of the website dedicated to the promotion of ABMS AssessLink™ products and services (User) accessible by the uniform resource locator http://abmsassesslink.com/ (Website). ABMS expects Users to review these Terms of Use before accessing the Website and then comply with these Terms of Use during Users’ experience on the Website. By accessing any of the pages on the Website or completing any forms on the Website, each User acknowledges and agrees that the User has reviewed and understands these Terms of Use and that the User accepts the Terms of Use as a legally binding commitment governing the User’s access to and use of the Website.
  2. Restrictions. ABMS is a not for profit corporation in Illinois. Consequently, the Website is only intended for use by Users who are of the legally appropriate age and who are accessing the Website from within the United States. ABMS offers no assurances that the Website is legally compliant outside of the United States. Individuals accessing the Website outside the United States are acting on their own initiative and are responsible for individual compliance with applicable international law.
  3. Content of Website.
    1. Intellectual Property. The Website and all its features, functionality, and text—including, but not limited to, all audio files, branding, copyrights, displays, domain names, images, information, know how, logos, software, source code, technology, trademarks, trade names, trade secrets, user interfaces, and video files (collectively referred to as “Website Content”)—are owned by ABMS, its licensors, or other providers of such material, including any enhancements, modifications, or updates to the Website Content, and are protected by intellectual property and other proprietary rights laws. No provision in these Terms of Use grants to any User any right, title, or interest in or to the Website Content, and ABMS, its licensors, and other providers of the Website Content reserve all intellectual property and other proprietary rights not otherwise granted by these Terms of Use.
    2. System-Generated Content. By accessing and using the Website, Users may cause the Website to generate data based on their activity, or the Website may independently generate data based on User activity.
    3. Third-Party Content. The Website may include content provided by third parties or links to third-party websites or resources. All third-party content posted on or linked to the Website is not owned by ABMS and is the sole responsibility of the third party that developed and owns the website, links, or resources. ABMS does not provide any representations or warranties regarding the information provided through third parties.
    4. User-Generated Content. Any User-generated content that constitutes legally protected personal data is the property of ABMS and is subject to the Website’s Privacy Policy.
  4. Restrictions on Use. Users are permitted to use the Website for informational or legitimate business purposes, provided that such purposes are lawful and consistent with these Terms of Use. Users are prohibited from engaging in the following conduct while accessing and using the Website:
    1. Copying, distributing, displaying, downloading, storing, publishing, or transmitting any Website Content, unless such Website Content is in furtherance of entering into a possible transaction with ABMS;
    2. Creating derivative works from, enhancing, or modifying any Website Content;
    3. Engaging in any malicious activity that could disable, impair, overburden, or otherwise interfere with the proper functioning of the Website;
    4. “Screen scraping” the Website;
    5. Decompiling, reverse engineering, or otherwise attempting to derive the source code for the Website;
    6. Simulating the appearance or function of the Website within another website;
    7. Mining the content of the Website;
    8. Using the Website in any manner—including the introduction of any device, routine, or software—that could damage, disable, impair, interfere with the proper functioning, or otherwise overburden the Website, including the ability of a User to engage in real time activities on the Website;
    9. Utilizing a robot, spider, or any other automatic device, process, or automated means to access the Website for any purpose, including copying or monitoring any of the content on the Website;
    10. Causing the Website or any portions of it to be displayed on or appear to be displayed by any other website through deep linking, framing, or in-line linking;
    11. Using any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
    12. Introducing any denial-of-service attack, logic bombs, Trojan horses, or other material that is malicious or technologically harmful to the Website;
    13. Attempting to gain access to, damage, disrupt, or otherwise interfere with the hosting of the Website, including the server on which the Website is hosted, any hardware supporting the Website, and any database connected to the Website; and
    14. Engaging in any other type of conduct that ABMS believes directly or indirectly violates the purpose or spirit of these restrictions of use.
  5. Enforcement. ABMS reserves the right to permanently terminate a User’s access to the Website if the User violates these Terms of Use. ABMS further reserves the right to take appropriate legal action for any illegal or unauthorized use of the Website.
  6. Disclaimer of Representations and Warranties. USERS ACCESS AND USE THE WEBSITE AND ANY CONTENT ON THE WEBSITE AT THEIR OWN RISK. ANY CONTENT ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PROVIDED BY LAW, ABMS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED AND WHETHER STATUTORY OR ARISING OUT OF THE COMMON LAW, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; ANY REPRESENTATION OR WARRANTY THAT DEFECTS WILL BE CORRECTED; ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE OR ITS CONTENT OTHERWISE MEET USERS’ NEEDS OR EXPECTATIONS.
  7. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ABMS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USERS’ ACCESS TO OR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
  8. Indemnification. Each User agrees to defend, indemnify, and hold harmless ABMS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to User’s violation of these Terms of Use or User’s access to or use of the Website, including, but not limited to, any use of the Website Content other than as expressly authorized in these Terms of Use or User’s use of any information obtained from the Website.
  9. Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Illinois regardless of any conflicts of law principles. The sole and exclusive jurisdiction for any legal proceeding arising out of or related to the Website or these Terms of Use shall be the federal or state courts located in Cook County, Illinois. Users waive any and all objections to venue in such courts or to the exercise of jurisdiction over them by such courts.
  10. Waiver and Severability. No waiver by ABMS of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ABMS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
  11. Amendments. ABMS may amend these Terms of Use at any time in its sole discretion and shall notify Users of any material changes. Users’ continued access to and use of the Website following the effective date of these amendments constitute their acknowledgement of and agreement to these amendments.
  12. Entire Agreement. These Terms of Use and the Website’s Privacy Policy constitute the sole and entire agreement between Users and ABMS regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
  13. Version No. 2 | Effective: 06-24-2024