The contents of this web site may not be transferred or duplicated in any form or by any means. The American College of Physicians disclaims all liability for damages or expenses incurred by users as a result of their use or reliance upon the content of PIER.
PLEASE READ THIS ENTIRE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THIS SITE. This Agreement is a binding legal contract between ACP ("we", "us" or "our") and you ("you" or "your") that governs your use of the PIER site including, without limitation, all content such as text, information, images, applications and audio (collectively, "Content") (this Site and the Content are collectively referred to herein as the "Site").
Using this Site in any manner whatsoever, you indicate your conclusive acceptance of this Agreement. If you do not agree to this Agreement, do not click on "Accept" or access or use this Site in any manner whatsoever.
Your access to and use of this Site is subject to the terms and conditions of the terms and conditions of this Agreement. You may only use the Site for your professional use. Access to and use of the Site for any other purpose is strictly prohibited. By using this site, you certify that your access to and use of the Site is in accordance with the terms and conditions of this Agreement. We reserve the right to terminate your User ID and Password if we at any time discover any error or omission in the information that you provide to us.
User ID and Password
ACP requires each user to have a User ID and Password to access and use the Site. You are responsible for maintaining the strict confidentiality of your ID and Password and for any damages, or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your ID and Password, your disclosure of your ID and Password, or your authorization to allow another person to access and use the Site using your ID and Password. You agree to immediately notify us if you become aware of any unauthorized use of your ID and Password or other need to deactivate an ID and Password due to security concerns.
Use of Content
The Content includes copyrighted works proprietary to ACP or to third parties who have provided us with Content ("Content Providers"). ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER APPLICABLE LAWS AND TREATIES.
Intellectual Property Owner
ACP (or our Content Providers) owns all worldwide rights, titles and interests in and to the Site and all intellectual property rights therein. You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without our prior knowledge or written approval. All rights not expressly granted in this Agreement are reserved to ACP. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement.
The Content is for informational and educational purposes only and is not a substitute for the professional judgment of any health care professional in diagnosing and treating patients. We do not give medical advice, nor do we provide medical or diagnostic services. YOUR RELIANCE UPON CONTENT OBTAINED BY YOU ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
Advertisements and Links
The Site may contain advertisements and other types of links to third party web sites (e.g., co-branding, links, links to services, reference links in Content). These third party web sites are not under our control and we are not responsible for any linked third party web sites or for the content, products and/or services they provide. YOUR USE OF LINKED THIRD PARTY WEB SITES IS AT YOUR RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES. UNLESS EXPRESSLY STATED BY US, WE DO NOT RECOMMEND OR ENDORSE THE CONTENT, PARTICULAR PRODUCTS, SERVICES OR WEB SITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH CONTENT, PRODUCT, SERVICE, OR WEB SITE MAY BE ACCURATE, NECESSARY OR APPROPRIATE FOR YOU OR FOR YOUR USE IN RENDERING CARE TO PATIENTS.
The data and other information that are available through the Site may also be supplied by third party sources. WE DO NOT ASSUME ANY REPSONSIBILITY FOR, ENDORSE, WARRANT, GUARANTEE OR VERIFY THE ACCURACY OR RELIABILITY OF THE DATA. Your reliance upon the Data obtained by you through the Site is solely at your own risk.
You shall not use the site to transmit, store, or receive confidential patient information ("Patient Information").
Compliance with Laws; Other Obligations
You are responsible for ensuring that your use of the Site, complies with all laws directly or indirectly applicable to you, including without limitation, federal or state anti-kickback laws or regulations or federal or state laws governing the submission of claims for reimbursement of medical services. None of the information provided to you through the Site is intended in any way to influence your choice of third party service provider or your diagnoses. It is your responsibility to exercise your independent medical knowledge and judgment in providing what you consider to be best for your patients.
WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE SITE IN WAYS THAT DO NOT COMPLY WITH ANY LAW.
Outside the United States; Jurisdiction
Our corporate headquarters are in Philadelphia, PA. We make no claims that the Site is appropriate for access or use outside the U.S. Your access and/or use of this Site outside the U.S. is at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
THE SITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF ACP AND ITS SUPPLIERS. ACCORDINGLY, ACP 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 SITE.
Exclusion of Damages
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE GREATER OF $500 OR THE FEES YOU PAID US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE TO YOU.
Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. We may terminate this Agreement and your right to access and use the Site, or any part thereof, at any time, with or without cause. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Site. The following sections of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever: Intellectual Property Ownership, Medical Disclaimers, Data Disclaimer, Patient Confidentiality, Compliance with Laws; Outside the United States/Jurisdiction, General Disclaimers, Exclusion of Damages, Limitation of Liability, Entire Agreement, Termination, and Other. We reserve the right to discontinue or make changes to the Site at any time.
We may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without our prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.