Terms of Use – American Board of Plastic Surgery Continuous Certification

Access to and use of the ABPS Internet-based testing platform is subject to the following terms and conditions. Please read these terms and conditions carefully before activating a Key. Completing the Key Activation process indicates that you accept and agree to abide by these terms and conditions set forth by the American Board of Plastic Surgery.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR BROWSING THIS WEB SITE, OR ACCESSING OR REGISTERING FOR ANY ASSESSMENT ON THIS WEB SITE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN, WITHOUT LIMITATION OR QUALIFICATION.

1. This Web Site and the Assessments are operated and maintained by the American Board of Plastic Surgery (“ABPS”) and its vendors and licensees. The words “us,” “we” and “our” refer to the ABPS. The words “you” and “your” refer to you, the user of the Services. The word “Services” refers to this Web Site and any Assessments offered through the Web Site. The word “Key” refers to an alphanumeric code which is required in order to register for and access Assessments. For purposes of this Agreement, references to the Services also include any and all mirror, equivalent, comparable, replacement, substitute or backup web sites, web pages, resources, facilities or other means we make available to you in digital or electronic form.

2. The term “Use” refers to direct or indirect access, use, display, viewing, exchange, communication, reproduction, transmission or receipt of information, either with or without the aid of a machine or device, to, from or through the Web Site and/or Assessments, or any action that causes the performance of functions, activities or otherwise provides or obtains services, content, information, reports, materials or data in connection with the Services.

3. We may add to, delete from or modify the Services or this Agreement at any time and from time to time, at our sole and absolute discretion, without notice. If you do not agree to any modification of the Agreement, you may terminate use of the Services by discontinuing use of the Services and returning your Key to us via email. You will not be entitled to any refund upon such termination.

4. Conduct and Proper Use of the Services

4.1. You may not Use or allow, enable or facilitate others to Use the Services, or any Keys in any manner that: (a) is fraudulent, libelous, defamatory, vulgar or obscene, pornographic, sexually explicit or offensive, harmful, harassing, threatening, hateful, objectionable, discriminatory or abusive; (b) violates any law, regulation or judicial or governmental order; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Services; or (d) infringes upon or violates proprietary or rights of others, including but not limited to intellectual property rights.

4.2. You also may not Use or allow, enable or facilitate others to Use the Services or any Keys in any manner that actually does or attempts to: (a) disrupt, impair or interfere with, alter or modify the Web Site (including any information, content, materials, features or functions thereof), any Keys or the Use of the Services by others; (b) act in a way that affects or reflects negatively on us, the Services or anyone else; (c) collect or attempt to collect information of another party, including without limitation personally identifiable information, without that party’s express prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any foreign laws or international treaties, which are applicable to this Agreement, the performance of your obligations and your Use of the Services.

4.3. You warrant and represent that you have accurately identified yourself and that you are the individual who answers questions and takes any Assessment for which you have registered, and that you will not answer questions or take an assessment on behalf of any other individual. We reserve the right to approve or reject any user or revoke and restrict your right to use the Services, at any time and for any reason in our sole and absolute discretion.

5. Your Information and Privacy

5.1. The ABPS has a Privacy Statement disclosing the information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. Click here to view the Privacy Statement, which is incorporated by reference, as if set forth fully herein.

5.2. When you visit the Web Site and Use the Services, we may collect information about you, such as your name, address, contact information, billing information, and other information which identifies you, as well as your responses to Assessment questions and other information you transmit in taking Assessments or Using the Services. You acknowledge and also consent to our gathering this information and to our tracking your activities and Use of the Services for purposes which include, but are not limited to, tracking orders and reports, maintaining quality control and contacting you concerning the Services should it be necessary or appropriate to do so.

5.3. You acknowledge and agree that we may use your email address and other contact information to send you administrative messages and status reports.

5.4. We reserve the right to disclose all information, including personal information, when required by law, court order or subpoena.

6. ABPS Assessments

6.1. Assessments may be accessed only through a Key purchased from the ABPS or a company authorized by the ABPS to distribute Keys. You are solely responsible for maintaining the confidentiality of your Key, and for all activities, charges or liabilities incurred through use of the Services. Once you have redeemed a Key or received access to an assessment you may not transfer your Key or access to an assessment to another user.

6.2. A Key entitles you to register in only one Assessment. In order to take a different Assessment, or to repeat an assessment, you will need to obtain a new Key for that Assessment.

7. Third Parties and Third Party Sites

7.1. The Web Site may contain references or links to other web sites, web pages, materials, information and resources (“Third Party Sites”). We are not responsible for and have no control over the accessibility via the Internet of any Third Party Sites. Furthermore, you understand, acknowledge and agree that we do not endorse nor are we otherwise responsible for or associated with any Third Party Sites and you should not assume or rely upon any information or content as having originated with or been approved by us or even that we are aware of the specific content, information, features or capabilities available in connection with such Third Party Sites. We are not responsible or liable, in any manner whatsoever, for, in connection with, or as a consequence of your use of any Third Party Site, even if we are advised of the possibility that damages may result.

7.2. You may have reached this Web Site through an LMS Provider. An LMS Provider is also a Third Party Site, and we are not responsible for and have no control over any services or products offered by the LMS Provider. We are not responsible or liable in any manner whatsoever, for, in connection with, or as a consequence of your use of any LMS Provider, even if we are advised of the possibility that damages may result.

7.3. You may have received your Key from a Training Entity, LMS Provider, distributor, or other third party (“Third Party”). The ABPS is not responsible or liable in any manner whatsoever, for, in connection with, or as a consequence of any representations, actions or omissions of any Third Party, even if we are advised of the possibility that damages may result.

8. Intellectual Property Rights

8.1. The Services and all text, graphics, images, logos, icons, programs, software, code, data, schema, content, information, reports and materials made available to you in connection with your Use of the Services, whether tangible or intangible, in any form and on or in any media, and all intellectual property rights in and to the same (hereinafter the “Intellectual Property”), are proprietary to us or are owned by us or our licensors or suppliers. You may not use the Intellectual Property, except as specifically permitted under this Agreement. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works from, reverse engineer or distribute the Intellectual Property in any way. Any and all rights not expressly granted by this Agreement, whether existing now or arising in the future, are hereby expressly reserved by us.

8.2. We reserve the unconditional right (but not the obligation) to remove, move or edit any information, data, text, graphics, content or other materials which we consider to be in violation of any of the terms of this Agreement. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of any such activities.

9. Termination

9.1. We may terminate this Agreement and/or otherwise restrict, suspend or terminate your use of the Services, in whole or in part, at any time in our sole and absolute discretion, immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us or which may be available to you under any separate written agreements you may have entered into with us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use the Services.

10. General

10.1. Limitation of Liability: Termination is your sole right and exclusive remedy for any claims or cause of action arising from the Assessments, the Services, the Web Site or your use thereof. Upon termination by you or by us, your right to use the Services shall immediately cease.

10.2. UNDER NO CIRCUMSTANCES WILL THE ABPS, ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEB SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT (STRICT LIABILITY OR OTHERWISE), INCLUDING WITHOUT LIMITATION: LOSS OF VALUE, LOSS OF USE, LOST ANTICIPATED PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF GOODWILL OR OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NEITHER THE ABPS, NOR ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS, SHALL BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR KEYS WITHIN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY CLAIM AROSE. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT AND YOUR USE OF THE SITE OR THE SERVICES. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

10.3. No Warranties; Disclaimer: THE WEB SITE, THE ASSESSMENTS AND THE SERVICES ARE MADE AVAILABLE FOR YOUR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING BY ASSESSMENT OF DEALING OR CUSTOM OF TRADE OR OTHERWISE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEB SITE, ASSESSMENTS OR SERVICES, ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY FOR USE OR RELIANCE BY YOU OR ANY OTHER PARTY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10.4. Governing Law and Choice of Forum: This Agreement is governed by and construed in accordance with the substantive internal laws of the State of Pennsylvania without reference to its conflicts of laws principles. Suit may only be brought in the First Judicial District of Pennsylvania, Court of Common Pleas of Philadelphia County—Commerce Division.

10.5. Indemnification: You agree to indemnify, defend and hold harmless the ABPS, its vendors, licensees, licensors, agents, employees, officers, directors or volunteers (the “Indemnitees”) from and against any and all losses, damages, liabilities, fees and costs, including without limitation attorneys’ fees and court costs, which may arise or are incurred by the Indemnitees in connection with any liability, damages, claims or actions arising from your breach or alleged breach of this Agreement or your use of the Services. No settlement or compromise which may adversely affect the Indemnitee’s rights or legally obligate an Indemnitee shall be made or entered into by you without the Indemnitee’s prior written approval.

ABPS INTERNATIONAL PRIVACY POLICY AND USER AGREEMENT

We are collecting personal data relating to you. Please review our privacy notice for further information and click “I Accept”.
EFFECTIVE DATE: August, 27, 2018
VERSION: 1
ABPS
INTERNATIONAL ABPS ONLINE PORTAL PRIVACY NOTICE

ABPS respects your privacy and endeavors to protect your personal data. This Privacy Notice applies only if you are located in the European Union Economic Area [or another country outside the United States of America] and to the online collection of personal data when you purchase or activate a Key to take an assessment through the website www.abplasticcert.org. The word “Key” refers to an alphanumeric code which is required in order to register for and access an online assessment through www.abplasticcert.org. For other questions pertaining to our other data processing and related privacy practice, please consult our Privacy Policy here.

This Privacy Notice describes the types of personal data we collect, how we use the data, and with whom we share it. This Privacy Notice also describes the measures we take to protect your personal data, how to exercise your rights and how to contact us.

1. Personal Data We Collect and How We Use It
The personal data we process is either (1) provided directly by you on a voluntary basis to the ABPS or to the entity that purchased the Key on your behalf or (2) collected automatically. By personal data we mean “any information relating to an identified or identifiable natural person” such as name, address, e-mail, unique identifier, etc. Below are the ways you may provide personal data and the types of personal data you may submit. We also tell you how we may use the personal data.

1.1. Personal Data You Provide To Us on a Voluntary Basis
You may choose to provide personal data. If you choose not to provide us with your personal data, you may not be able to access some of our services and may be unable to take an ABPS assessment online or obtain an assessment completion card. The personal data you provide us on a voluntary basis is either entered directly by you into the system or by the third party from whom you received the Key.

Enrollment in one of our online assessments: When enrolling in one of our online assessments, you will be asked to provide the ABPS with your name, contact details, professional category and specialty, and assessment in which you are taking. This personal data is processed for managing our online assessments.

We only use your e-mail address to send you communications regarding our services which you have requested such as reminders for assessment renewals, errata’s, and additional assessment offerings. You may change your election and opt out of receiving these communications at any time by using one of the options described under your Rights and Choices.
Contact us – Information and Support Request: If you wish to obtain information or support from ABPS, you may contact us through various communication means. The specific personal data you must submit will depend on the information or support requested. ABPS will only use your data to contact you and to provide the information or support you requested.

1.2. Personal Data We Collect Automatically
Like many companies, ABPS uses log files to enhance your visit to our Site and to better understand how our Site is used. Log files are web server files that are automatically created when a user visits a site. ABPS does not use persistent cookies on www.abplasticcert.org.

2. Personal Data We Share
We do not sell, rent, trade or otherwise disclose personal data about you, except as described in this Privacy Notice. Otherwise we will do so only with your explicit consent.

We may share your personal data with ABMS, LMS Providers, and accreditation organizations for the specific purposes described in this privacy notice. LMS Providers means a third party that operates a learning management system through which it has purchased and administers Keys. We may share your personal data with the LMS Provider through which you obtained your Key for purposes of assessment administration and verification of assessment completion. We may also share your personal data with service providers we have retained to perform various services on our behalf. These service providers are contractually required to act only on our instructions and to maintain an appropriate level of data protection and data security. Service providers are not authorized by us to use the data for their own purposes or to disclose the data to third parties except if necessary to perform services or functions for ABPS or to comply with legal requirements. For example, service providers are not authorized by ABPS to use the personal data for their own marketing purposes.

We may disclose data about you (i) if we are required to do so by law or pursuant to a Court order, or (ii) in response to a legitimate request from law enforcement authorities. We also reserve the right to transfer any data we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee uses personal data you have provided through this Site in a manner that is consistent with this Privacy Policy. If you do not want the transferee to further process your personal data in such case, you should contact the transferee.

3. Your Rights and Choices
You have the right to receive information about the personal data stored about you and to access, rectify, block or delete your personal data by logging onto abplasticcert.org and making these changes to your account or using the contact information provided below in the “How to Contact Us” section here. Following any request, we will accommodate your inquiry as required by applicable law. If the personal data collected is incorrect, inaccurate or outdated, we will correct it within a reasonable period of time following your request for correction.

You can, at any time, and free of charge, choose not to receive newsletters and promotional e-mails from us by editing your registration to opt out of marketing, by clicking on the unsubscribe link included in our e-mails, or by contacting us via “How to Contact Us” Section. You also have the right to object to the processing of personal data by ABPS, at any time on compelling legitimate grounds, except when otherwise provided by applicable law. You understand that if you object to the processing of personal data by ABPS, you may not be able to access an online assessment at ABPS or receive an assessment completion card, verification of assessment completion.

If the personal data is processed with your consent, you may revoke this consent at any time by logging onto abplasticcert.org and revoking your consent or by using the contact information provided below in the “How to Contact Us” section here. If you decide to revoke your consent, we will block or delete your personal data and any reference to you will be deleted with effect to the future.

4. Data Transfers
ABPS mainly collects, processes and uses your personal data within the United States of America (the “U.S.”). However, as a global company, we may from time to time transfer your personal data to countries which do not provide for an adequate level of data protection for the purposes of administration by the ABPS and the LMS Provider.

When transferring your personal data outside of the European Union or if we use third party service providers located outside of the European Union, we take the necessary steps to ensure compliance with applicable data protection laws, in particular the legal requirements on adequate protection for data transfers to countries outside of the European Union. In particular, you understand and agree that your personal data will be sent to the U.S. for administration of abplasticcert.org or to other countries which do not provide for an adequate level of data protection. If you no longer wish to consent to the transfer of your personal data as described in this paragraph, please log on to abplasticcert.org and revoke your consent or contact us as explained in the “How to Contact Us” section of this Privacy Notice.

5. Records Retention
ABPS only retains personal data for as long as needed to fulfill the purposes for which they were collected, unless otherwise provided by law. When the personal data is no longer necessary to meet the purposes for which it was collected, it is deleted, blocked or anonymized.

6. Security
We maintain appropriate administrative, technical and physical safeguards to protect personal data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and all other unlawful forms of processing of the personal data in our possession.

In particular, we protect personal data with appropriate security measures where the processing involves the transmission of data over a network. When you provide personal data online, we use the industry standard for encryption on the Internet – Secure Socket Layer (SSL) technology – to help protect the data that you provide. This Internet encryption standard scrambles data as it travels from your computer to our server. You will know that you are in a secure area of our website when a lock icon appears on your screen that the “http” prefix of our URL address changes to “https.” The “s” means “secure.”

7. Updates to This Privacy Notice
We may change or update portions of this Privacy Notice at any time and without prior notice to you. Please check from time to time so you are aware of any changes or updates to the Privacy Notice. In case of substantial changes to the Privacy Notice, we will, however, post a notice on the homepage and the changes will only be effective 30 days after their posting. We will indicate above the effective date of the Privacy Notice and which version is published on this website.

8. How to Contact Us
The entity responsible for the collection and processing of personal data under this Privacy Notice is:
American Board of Plastic Surgery
1635 Market Street, Suite 400
Philadelphia, PA 19103

If you would like to (1) know more about the personal data we process about you; (2) access, correct, block or delete the personal data we process about you; (3) withdraw any consent you may have previously given; (4) require us to stop sending newsletters or promotional material; and (5) ask any questions you may have about our privacy practices, please contact us by:
– Clicking here: info@abplasticsurgery.org, or
– Writing to us at:
American Board of Plastic Surgery
1635 Market Street, Suite 400
Philadelphia, PA 19103

PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR BROWSING THIS WEB SITE, OR ACCESSING OR REGISTERING FOR ANY ASSESSMENT ON THIS WEB SITE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN, WITHOUT LIMITATION OR QUALIFICATION. THE AMERICAN BOARD OF PLASTIC SURGERY (“ABPS”) MAY AMEND OR CHANGE THESE TERMS AND CONDITIONS, AT ANY TIME, WITHOUT NOTICE TO YOU. THEREFORE, YOU MUST CONSULT THE MOST RECENT VERSION OF THIS AGREEMENT (AND NOT AN OLDER CACHED VERSION) EACH TIME YOU VISIT THE WEB SITE. USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS AND CONDITIONS, IN THEIR CURRENT FORM OR AS MODIFIED, JUST AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS WEBSITE.

You acknowledge and agree as follows:

1. This Web Site, abplasticcert.org, and the Assessments are operated and maintained by ABPS and its vendors and licensees. The words “us,” “we” and “our” refer to ABPS and its vendors and licensees. The words “you” and “your” refer to you, the user of the Services. The word “Services” refers to this Web Site and any Assessments offered through the Web Site. The word “Key” refers to an alphanumeric code which is required in order to register for and access Assessments. For purposes of this Agreement, references to the Services also include any and all mirror, equivalent, comparable, replacement, substitute or backup web sites, web pages, resources, facilities or other means we make available to you in digital or electronic form. This Web Site contains information, including without limitation, text, graphics, photographs, graphs, charts, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, which information, as well as its arrangement and compilation (collectively, the “Information”) is either owned or licensed by ABPS.

3. License. ABPS grants you a limited, revocable, worldwide, non-exclusive, and non-transferable license to Use this Web Site. You may download, view, copy and print the Information incorporated into this Web Site solely as permitted pursuant to the Web Site and for your non-commercial use. The Information may not be transferred, shared with or disseminated with anyone for any purpose which is inconsistent with the purpose of Web Site, or for any purpose which is inappropriate or unlawful under applicable laws.

4. We may add to, delete from or modify the Services or this Agreement at any time and from time to time, at our sole and absolute discretion, without notice. If you do not agree to any modification of the Agreement, you may terminate use of the Services by opting to delete or block your information from abplasticcert.org, discontinuing use of the Services, and returning your Key to us via email. You will not be entitled to any refund upon such termination. If, at any time, you opt to delete your information from the system, you may not be able to receive an assessment card or documentation showing your completion of an assessment.

5. Conduct and Proper Use of the Services

5.1. You may not Use or allow, enable or facilitate others to Use the Services, or any Keys in any manner that: (a) is fraudulent, libelous, defamatory, vulgar or obscene, pornographic, sexually explicit or offensive, harmful, harassing, threatening, hateful, objectionable, discriminatory or abusive; (b) violates any law, regulation or judicial or governmental order; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Services; (d) infringes upon or violates proprietary or rights of others, including but not limited to intellectual property rights or privacy or publicity rights; (e) infringes on any copyright, trademark, or other proprietary right without the express written permission of the owner of such right; or (f) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your Use of the Web Site or Information.

5.2. You also may not Use or allow, enable or facilitate others to Use the Services or any Keys in any manner that actually does or attempts to: (a) disrupt, impair or interfere with, alter or modify the Web Site (including any information, content, materials, features or functions thereof), any Keys or the Use of the Services by others; (b) act in a way that affects or reflects negatively on us, the Services or anyone else; (c) collect or attempt to collect information of another party, including without limitation personally identifiable information, without that party’s express prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any foreign laws or international treaties, which are applicable to this Agreement, the performance of your obligations and your Use of the Services.

5.3. You warrant and represent that you have accurately identified yourself and that you are the individual who answers questions and takes any Assessment for which you have registered, and that you will not answer questions or take an assessment on behalf of any other individual. In consideration of your Use of the Web Site and Services, You hereby: (a) agree to provide true, accurate, current and complete information about yourself upon activating your Key (such information being the “Registration Data”); (b) agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete unless you opt to delete your Registration Data from the Web Site; and (c) acknowledge and agree that ABPS shall not be liable to You or any third party for any termination of your access to your password or account. If you provide any information that is untrue, inaccurate, not current or incomplete, ABPS has the right to suspend or terminate Your access to the Website and refuse to confirm your Assessment completion.

5.4 We reserve the right to approve or reject any user or revoke and restrict your right to use the Services or accept your Key, at any time and for any reason in our sole and absolute discretion.

5.5 Upon activating your Key, you will be required to create your own unique user name and password. You acknowledge that you are responsible for maintaining the confidentiality of Your password and user name. You agree to immediately notify ABPS of any unauthorized use of your password, user name, or Key. ABPS cannot and will not be held liable for any loss or damage arising from your failure to comply with this Section.

5.6 ABPS does not recognize the transfer of an activated Key and any unauthorized transfer of an activated Key will result in the permanent deletion of your registration on the Web Site such that any assessment completions cannot be verified. You may not offer any previously activated Key for sale or trade, and any such offer is in violation of this Agreement and may result in the deletion of your registration and account from the Web Site.

6. You may not use any of ABPS’s proprietary logos, marks or other distinctive information found on the Web Site in your links, without ABPS’s express written permission, which ABPS may withhold in its discretion. You many not link in any manner reasonably likely to a) imply affiliation with or endorsement or sponsorship by ABPS or any of ABPS’s officials, staff or other member of ABPS; b) cause confusion, mistake, or deception; c) dilute ABPS’s trademarks or service marks; or d) otherwise violate applicable laws. You acknowledge that You do not acquire any ownership rights in any information by downloading any information, in whole or in part, from the Web Site.

7. Your Information and Privacy

7.1. ABPS has an International ABPS Online Portal Privacy Notice (the “Privacy Notice”) disclosing the information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. Click <href=”/privacy-policy”>here to view the Privacy Notice, which is incorporated by reference, as if set forth fully herein. You consent to the processing, including the use and disclosure, of your personal information as described in the Privacy Notice. You acknowledge that the processing of your personal information will be performed in the United States of America.

7.2 When you visit the Web Site and Use the Services, we may collect information about you, such as your name, address, contact information, and other information which identifies you, as well as your responses to Assessment questions and other information you transmit in taking Assessments or Using the Services. You acknowledge and also consent to our gathering this information and to our tracking your activities and Use of the Services for purposes which include, but are not limited to, tracking orders and reports, administering the Web Site, confirming Assessment completion, maintaining quality control and contacting you concerning the Services should it be necessary or appropriate to do so. You specifically consent to the aggregation of your non-identifying information with like information from other individuals, and consent to the release of such aggregated information to other parties, including, but not limited to, any sponsors, research organizations, or other contractors of ABPS.

7.3 Disclosure to LMS Providers: In addition to our use of your information as described above and in the Privacy Notice, if you received your Key from a third party that operates a learning management system (“LMS Provider”) and you reached this Web Site through the LMS Provider’s system, you agree that we may share your information with the LMS Provider for purposes of administration of Web Site and Assessment and for confirmation of Assessment completion. If you have instructed ABPS not to share your information with an LMS Provider, you acknowledge and agree that you may not be permitted to take an assessment or receive an assessment card or documentation showing your completion of an assessment.

7.4. You acknowledge and agree that we may use your email address and other contact information to send you administrative messages and status reports.

7.5. We reserve the right to disclose all information, including personal information, when required by law, court order or subpoena.

8. ABPS Assessments

8.1. Assessments may be accessed only through a Key purchased from ABPS or a company authorized by ABPS to distribute Keys, or through an LMS Provider. You are solely responsible for maintaining the confidentiality of your Key, and for all activities, charges or liabilities incurred through use of the Services. Once you have redeemed a Key or received access to an assessment you may not transfer your Key or access to an assessment to another user.

8.2. A Key entitles you to register in only one Assessment. In order to take a different Assessment, or to repeat an assessment, you will need to obtain a new Key for that Assessment.

9. Third Parties and Third Party Sites

9.1. The Web Site may contain references or links to other web sites, web pages, materials, information and resources (“Third Party Sites”). We are not responsible for and have no control over the accessibility via the Internet of any Third Party Sites. Furthermore, you understand, acknowledge and agree that we do not endorse nor are we otherwise responsible for or associated with any Third Party Sites and you should not assume or rely upon any information or content as having originated with or been approved by us or even that we are aware of the specific content, information, features or capabilities available in connection with such Third Party Sites. We are not responsible or liable, in any manner whatsoever, for, in connection with, or as a consequence of your use of any Third Party Site, even if we are advised of the possibility that damages may result.

9.2. You may have reached this Web Site through an LMS Provider. An LMS Provider is also a Third Party Site, and we are not responsible for and have no control over any services or products offered by the LMS Provider. We are not responsible or liable in any manner whatsoever, for, in connection with, or as a consequence of your use of any LMS Provider, even if we are advised of the possibility that damages may result.

10. Intellectual Property Rights

10.1. Notwithstanding any license granted in this Agreement, the Services, Information and all text, graphics, images, logos, icons, programs, software, code, data, schema, content, information, reports and materials made available to you in connection with your Use of the Services, whether tangible or intangible, in any form and on or in any media, and all intellectual property rights in and to the same (hereinafter the “Intellectual Property”), are proprietary to us or are owned by us or our licensors or suppliers. You may not use the Intellectual Property, except as specifically permitted under this Agreement. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works from, reverse engineer or distribute the Intellectual Property in any way. Any and all rights not expressly granted by this Agreement, whether existing now or arising in the future, are hereby expressly reserved by us.

10.2. We reserve the unconditional right (but not the obligation) to remove, move or edit any information, data, text, graphics, content or other materials which we consider to be in violation of any of the terms of this Agreement. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of any such activities.

10.3 All information associated with this Web Site is copyrighted by American Board of Plastic Surgery. All Rights Reserved. The Web Site and Information is the valuable, exclusive property of ABPS or its licensors and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as permitted in this Agreement, You may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without ABPS’s prior written consent. You may not remove, alter, or obscure any copyright, legal or proprietary notices in or on any portions of the Information. American Board of Plastic Surgery, and its associated logos, and all page headers, custom graphics, buttons and other icons are service marks, trademarks, registered service marks, or registered trademarks of ABPS, or its affiliates. All other product names and company logos mentioned on the Web Site or Information are trademarks of their respective owners. Images of people or places displayed on the Web Site are either the property of, or used with permission by, ABPS. The use of these images by You, or anyone else authorized by You, is prohibited unless specifically permitted by this Agreement. Any unauthorized use of the images may violate copyright, trademark, privacy, publicity, or communication laws, regulations, or statutes.

11. Termination
11.1. We may terminate this Agreement and/or otherwise restrict, suspend or terminate your use of the Services, in whole or in part, at any time in our sole and absolute discretion, immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us or which may be available to you under any separate written agreements you may have entered into with us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use the Services.

11.2 Termination or cancellation of this Agreement shall not affect any right or relief to which ABPS may be entitled, at law or in equity. Upon termination of this Agreement, all licensing and intellectual property rights granted to you will terminate and revert to ABPS. Upon deletion of your personal data by ABPS, all privacy and data protection rights granted to you will terminate.

12. General

12.1. Limitation of Liability: Termination is your sole right and exclusive remedy for any claims or cause of action arising from the Assessments, the Services, the Web Site or your use thereof. Upon termination by you or by us, your right to use the Services shall immediately cease.

12.2. UNDER NO CIRCUMSTANCES WILL THE ABPS_, ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEB SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT (STRICT LIABILITY OR OTHERWISE), INCLUDING WITHOUT LIMITATION: LOSS OF VALUE, LOSS OF USE, LOST ANTICIPATED PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF GOODWILL OR OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NEITHER THE ABPS_SHORTNAME, NOR ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS, SHALL BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR KEYS WITHIN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY CLAIM AROSE. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT AND YOUR USE OF THE SITE OR THE SERVICES. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

12.3. No Warranties; Disclaimer: THE WEB SITE, THE ASSESSMENTS AND THE SERVICES ARE MADE AVAILABLE FOR YOUR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING BY ASSESSMENT OF DEALING OR CUSTOM OF TRADE OR OTHERWISE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEB SITE, ASSESSMENTS OR SERVICES, ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY FOR USE OR RELIANCE BY YOU OR ANY OTHER PARTY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12.4 Delays in Services. . ABPS shall have no responsibility to provide you access to the Web Site. Furthermore, any delays in or failure of performance by ABPS, the Training Entities, or any of ABPS’s service providers (including its and their officers, directors, employees, affiliates, agents representatives, and subcontractors) shall not give rise to any claims or damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond the control of ABPS, including but not limited to, acts of governmental authority, weather, fire, floods, explosions, act of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. ABPS shall have no responsibility to provide you with access to the Website while interruption due to any such or similar cause shall continue.

12.5. Governing Law and Choice of Forum: This Agreement is governed by and construed in accordance with the substantive internal laws of the State of Pennsylvania, United States of America, without reference to its conflicts of laws principles. Suit may only be brought in the First Judicial District of Pennsylvania, Court of Common Pleas of Philadelphia County—Commerce Program.

12.6. Indemnification: YOU AGREE TO RELEASE AND TO INDEMNIFY, DEFEND AND HOLD HARMLESS ABPS, ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS (THE “INDEMNITEES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, FEES AND COSTS, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COURT COSTS, WHICH MAY ARISE OR ARE INCURRED BY THE INDEMNITEES IN CONNECTION WITH ANY LIABILITY, DAMAGES, CLAIMS OR ACTIONS ARISING FROM YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ADVERTISING, STATEMENT, REPRESENTATION OR WARRANTIES POSTED BY ABPS OR ANY USER ON THE WEBSITE, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES. NO SETTLEMENT OR COMPROMISE WHICH MAY ADVERSELY AFFECT THE INDEMNITEE’S RIGHTS OR LEGALLY OBLIGATE AN INDEMNITEE SHALL BE MADE OR ENTERED INTO BY YOU WITHOUT THE INDEMNITEE’S PRIOR WRITTEN APPROVAL.

12.7 General Information. This Agreement, together with the Privacy Notice posted on the Website and specific consents provided by you on the Web Site, constitute the entire agreement between you and ABPS and govern your Use of the Web Site, superseding any prior agreements between you and ABPS. The failure of ABPS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement should remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Revised Effective July 24, 2018.

ABPS INTERNATIONAL PRIVACY POLICY AND USER AGREEMENT

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