AMERICAN BOARD OF INTERNAL MEDICINE
TEAM: TEAMWORK EFFECTIVENESS ASSESSMENT MODULE
TERMS OF SERVICE
Last revised: June 13, 2012
Welcome! This document is important—please read it carefully before using the American Board of Internal Medicine’s TEAM: Teamwork Effectiveness Assessment Module.
Your access to and use of this TEAM: Teamwork Effectiveness Assessment Module (the “Module”) is subject to the provisions contained in this legal agreement (the “Agreement”). By accessing or using the Module, you agree to all of these provisions and enter into a legally binding agreement with the American Board of Internal Medicine (“ABIM”) (which for purposes of this agreement includes d’Vinci Interactive, the Module’s website host, and their respective affiliates) to abide by the provisions in this Agreement. The terms of this Agreement apply to the Module, and to any ABIM updates, supplements, internet-based services, and support services for the Module, unless other terms accompany those items. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU SHOULD NOT ACCESS OR USE THE MODULE.
ABIM reserves the right to modify this agreement by posting such modifications to this website. Your continued access to or use of the Module after such posting will signify your agreement to such modifications, if any. This Agreement does not replace or supersede any HIPAA, Business Associate or other agreement between you and ABIM, but is the legal agreement governing your use of the Module.
Your Use of the Module
Content and Other Information: The information accessible on or through the Module, including for example the educational materials, scientific content, graphic designs, video, audio, photographic or literary content (together, the “Module Information”), is owned, controlled, and/or or licensed by ABIM and protected by copyright, trademark, trade dress, and/or other intellectual property laws. The Module Information is provided to you solely for your personal use. You agree that you will not access or use this Information for commercial, competitive, or any other purposes. You further agree that you will not republish, post, transmit, distribute, or make any adaptations of the Module Information in any manner or assist someone else in doing so without the express written consent of ABIM. You may copy the Module Information only to the extent necessary to complete the module and for your personal use. ABIM expressly retains all right, title and interest in and to any Module Information. Failure to adhere to these provisions could subject you to serious penalties under federal copyright law.
The Module is designed for adult users from the United States. When you provide personal information through the Module or when registering for the Module, the information is transmitted to a server located in the United States and owned by ABIM’s service provider d’Vinci Interactive. If you are a resident of a country outside the United States, then by your submission of information to us, you understand, acknowledge and agree that your information will be transferred to databases maintained in the United States, which databases are subject to United States law and may provide different levels of data protection than countries outside the United States.
Password and Security: You are solely responsible for maintaining the confidentiality of any user name and password you use to access the Module and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify ABIM of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you properly log out of your account at the end of each session. ABIM cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Links to Other Websites: The Module may provide links to the websites or services of others (“Third-Party Sites”). Links to such Third-Party Sites does not constitute an endorsement by ABIM of such Third-Party Sites, or the products, content, materials or information presented or made available by such sites. You acknowledge and agree that ABIM is not responsible for any damages or losses caused or alleged to have been caused by your use of Third-Party Sites, or from the products, content, material or information presented by or available through those sites.
Disclosure of Affiliations: ABIM works with a variety of third parties to provide the services and information available through the Module. These third parties include, for example, accrediting bodies, content providers, technology providers, and suppliers of medical information and services. These entities may provide information through the Module, and, solely in the case of accrediting bodies, may set standards applicable to certain content, but they do not control the content or the operation of this Module.
When you register for and participate in the Module, we collect certain personal information about you. ABIM wants you to understand what information we collect, and how we use it.
Your participation in the Module requires that you create or utilize an existing log-in account, for which ABIM requires detailed, personal information from physicians who seek Certification or participate in Maintenance of Certification (“MOC”). The types of information are identified in detail at the time the information is collected from you. In general, ABIM uses your information to provide and improve our products and services, including for ABIM research purposes aimed at improving our products and services. ABIM also uses your information to communicate with you on matters relating to the Module and your account.
ABIM maintains personal information and any other information submitted by or about a physician indefinitely. ABIM maintains the confidentiality of this information in accordance with the ABIM Confidentiality Policy. As described in the ABIM Confidentiality Policy, ABIM publicly discloses the Certification status of physicians, discloses to training program directors a physician’s prior training and examination performance, and discloses and uses de-identified information for research. Information is not disclosed to other third parties without the physician’s consent, except as may be required by subpoena or as specifically necessary for ABIM to carry out its certification and evaluation functions or to investigate possible violations of ABIM rules.
Please read the Confidentiality Policy for additional details.
If you register for the Module through another medical specialty board (such as the American Board of Family Medicine or the American Board of Pediatrics) (“Medical Specialty Board”), or if you elect to obtain MOC credits from another Medical Subspecialty Board for your completion of the Module, your personal information may be disclosed to and used by that Medical Specialty Board. Your information will then be subject to such boards’ own privacy policies, and we encourage you to review those policies in full.
ABIM takes appropriate physical, electronic and managerial precautions to secure against unauthorized access and use of information sent to ABIM. For example, social security numbers and credit card information are maintained in encrypted form.
As with its rules concerning Certification, ABIM will modify this policy from time to time as may be required by changes in its processes and services. Such modifications will be effective upon posting on ABIM’s website.
Your rights: You may at any time print, download, or request a printed copy of this Agreement including these privacy terms. You may at any time request access to the personal information we have collected about you by contacting us at the address below, and may request corrections or updates to that information. ABIM will make reasonable efforts to respond promptly to all such requests, but reserves the right to limit such requests to two per year per individual.
Attention: Erik Sciortino
American Board of Internal Medicine
510 Walnut Street, Suite 1700
Philadelphia, PA 19106
If you have any questions that are not answered elsewhere on this site, if you would like to review the personal information we have collected about you, or if you believe that this policy has been violated, please contact us at email@example.com. Our response to such inquiries may be limited to information under our direct control.
Opt-Out Policy: If you do not wish to receive certain communications from ABIM you may opt out by declining the service offered or informing us, by emailing us at firstname.lastname@example.org, that you no longer wish to receive such communications. We will comply with your request unless such communications are necessary for the administration of your account or to resolve disputes, required by law or necessary to protect our rights. At times, ABIM may review the information of multiple users to identify problems or to resolve disputes.
Your California Privacy Rights: Under California law, if you are a resident of California, you may make a written request to ABIM about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. In response to your written request, ABIM will identify the categories of information shared, if any, and will include a list of any third parties with which it was shared during the immediately preceding calendar year, along with their names and address. Please submit a written request to the following address: Attention: Erik Sciortino, American Board of Internal Medicine, 510 Walnut Street, Suite 1700, Philadelphia, PA 19106. Please allow thirty (30) days for a response. This request may be made no more than once per calendar year.
General Terms and Conditions
Accreditation: ABIM IS NOT RESPONSIBLE FOR: ENSURING THE VALIDITY OF ANY CONTINUING EDUCATION OR MAINTENANCE OF CERTIFICATION CREDITS; ISSUING NOTIFICATION OF CREDITS OR CERTIFICATION; ENSURING THE SUFFICIENCY OF CREDITS FOR LICENSE RENEWAL; ENSURING THE SUFFICIENCY OF CREDITS FOR MAINTENANCE OF CERTIFICATION; ENSURING PROGRAM CONTENT IS SUFFICIENT TO EARN CONTINUING EDUCATION CREDIT; OR ENSURING THE ACCURACY OR COMPLETENESS OF PERSONAL TRANSCRIPTS.
No Medical Advice: THE INFORMATION MADE AVAILABLE THROUGH THIS MODULE IS INTENDED FOR USE AS CONTINUING EDUCATION ONLY AND SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE. SUCH INFORMATION SHOULD NOT BE USED IN PLACE OF SEEKING PROFESSIONAL OPINIONS BY LICENSED PRACTITIONERS. ABIM DOES NOT PRACTICE MEDICINE OR LAW, AND DOES NOT OFFER ANY OTHER PROFESSIONAL ADVICE OR SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR APPROPRIATE USE OF THE INFORMATION AVAILABLE THROUGH THIS MODULE.
Disclaimer of Warranty: THIS MODULE AND ALL SERVICES AND INFORMATION MADE AVAILABLE ON OR THROUGH THIS MODULE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY OF INFORMATIONAL CONTENT.
ABIM DOES NOT WARRANT THAT THIS MODULE OR ANY SERVICES OR INFORMATION MADE AVAILABLE ON OR THROUGH THIS MODULE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THIS MODULE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS MODULE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR USE OF THE INFORMATION AND FOR ANY RESULTS OR LACK OF RESULTS FROM THE USE OF SUCH DATA.
Limitation of Liability: IN NO EVENT SHALL ABIM BE LIABLE FOR ANY CLAIMS OR LOSSES WHATSOEVER OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AND WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT, OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THIS MODULE OR ANY SERVICES OR INFORMATION MADE AVAILABLE ON OR THROUGH THIS MODULE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ABIM SHALL NOT BE LIABLE FOR ANY CLAIMS OR LOSSES IN CONNECTION WITH ERRORS, OMISSIONS, OR INACCURACIES OF INFORMATIONAL CONTENT, OR ANY DECISION MADE IN RELIANCE ON THE INFORMATION CONTAINED ON OR ACCESSIBLE THROUGH THE MODULE.
YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THIS MODULE IS TO DISCONTINUE USING THIS MODULE AND THE RELATED CONTENT AND SERVICES. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ABIM FROM ANY AND ALL CLAIMS OR LOSSES ARISING FROM YOUR USE OF OR RELIANCE ON THIS MODULE OR ANY SERVICES OR INFORMATION MADE AVAILABLE ON OR THROUGH THIS MODULE.
Choice of Law: This Agreement shall be governed by and interpreted in accordance with laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of laws provisions. The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in Philadelphia County, Pennsylvania.
Amendment: ABIM will occasionally update this Agreement from time to time as may be required by changes in its processes and services. When ABIM posts changes to this Agreement, such modifications will be effective upon posting it here. ABIM encourages you to periodically review this page to be informed of how we are protecting your information.
Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
Waiver: The failure of ABIM to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
Survival: The provisions of this Agreement which by their nature would continue beyond termination or expiration of this Agreement shall survive such termination or expiration.