Legal Notice/Terms of Website Use

Acceptance of Terms

 

The American Board of Obstetrics and Gynecology, Inc. ("ABOG") makes available for your use on this website (the "Site") information, documents, bulletins, hypertext and other links (collectively the "Materials") subject to the terms and conditions set forth in this document. By accessing or using this Site you agree to these Terms of Use.ABOG reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Materials that may contain terms and conditions in addition to those in the Terms of Use.All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

 

Copyright, Limited License

 

• The Materials and links on this Site may be protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials at this Site may violate such laws.Except as expressly provided herein, ABOG and its suppliers or other persons furnishing links to this Site or from which links to this Site are directed do not grant any expressed or implied right to you under any patents, copyrights, trademarks, or trade secret information they may have, respectively, with respect to the materials or any links.Except as specifically permitted herein, or on any terms of use contained on any links to other sites referred to on our web pages, no portion of the information or documents on this Site or any linked site may be reproduced in any form or by any means without the prior written permission of the owner of the site from which any documents or materials are attempted to be reproduced from or downloaded.

 

Use of Software

 

• Any software and accompanying documentation that is made available to download from this Site are the copyrighted or other protected work of the owner of such site.Use of any such software is governed by the terms of the end-user license agreement that accompanies or is included with such software.You will not be able to download or install any software that is accompanied by or includes an end-user license agreement unless you agree to the terms of such end-user license agreement. If you do not agree to such terms, you will not be able to use the software.You are advised that you are not authorized to decompile, reverse engineer or otherwise attempt to discover the source code of any software available on this Site or any other sites to which this Site may refer you to.

 

Use of site information

 

• Except as otherwise indicated elsewhere on this Site, you may view, download and print the documents and information available on this Site, subject to the following terms and conditions:
  1. The documents and information may be used solely for personal, informational, internal, non-commercial purposes.Members of the ABOG, or applicants for membership in the ABOG, may also use such documents, information and Material for purposes of applying for any examination or certification to which they may be eligible.
  2. The documents and information may not be modified or altered in any way.
  3. The documents and information on the Site may not be distributed except, and to the extent, that any such distribution is made to other members of the ABOG or to individuals applying for membership in ABOG.
  4. You may not remove any copyright or other proprietary notices contained in the documents and information.
  5. ABOG reserves the right to revoke your authorization to view, download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from ABOG.
  6. The rights granted to you constitute a license and not a transfer of title.
• The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design and layout of this Site.Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

 

WARRANTIES AND DISCLAIMERS

 

• EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND ABOG, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

 

• WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ABOG MAKES NO WARRANTY THAT:
  1. (1) THE SERVICES AND MATERIALS WILL MEET WITH YOUR REQUIREMENTS;
  2. (2) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  3. (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
  4. (4) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS;
  5. (5) ANY ERRORS IN SOFTWARE OBTAINED FROM THIS SITE OR ANY LINK REFERRED TO OR APPENDED TO THIS SITE WILL BE CORRECTED;
  6. (6) THE INFORMATION AND MATERIALS ON THIS SITE ARE UP-TO- DATE.
• IF, AND TO THE EXTENT THAT, SOME OTHER STATE'S OR JURISDICTION'S LAW WILL APPLY TO YOUR USE OF THIS WEBSITE, OTHER THAN THOSE EXISTING IN THE STATE OF TEXAS, AND THAT OTHER STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST SO THAT IN THAT EVENT, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT PERMISSIBLE UNDER ANY SUCH LAWS, ANY IMPLIED WARRANTIES ARE LIMITED TO THE SHORTEST PERIOD OF TIME AVAILABLE UNDER SUCH OTHER STATE'S OR JURISDICTION'S LAWS.

 

• OTHERWISE, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT MAY EXIST UNDER TEXAS, OR UNDER ANY OTHER LAW, ARE LIMITED TO THIRTY (30) DAYS.

 

• This site could include technical or other mistakes, inaccuracies or typographical errors.
• ABOG may make changes to the materials and documents at this site at any time without notice.The materials and documents at this site may be out of date and ABOG makes no commitment to update such materials or services.

 

• ABOG ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE AND MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.

 

• REFERENCES TO OTHER CORPORATIONS OR ORGANIZATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

• IN NO EVENT SHALL ABOG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DAMAGES OR PROFITS, WHETHER OR NOT ABOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU, AND ON OR UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO THIS SITE.

 

• AGAIN, SOME JURISDICTIONS MAY PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT THE LAWS OF STATES OR JURISDICTIONS OTHER THAN THE STATE OF TEXAS AND THE UNITED STATES MAY APPLY TO YOU.

 

• THE USE OF THE MATERIALS AND INFORMATION OR THE DOWNLOADING OR THE ACQUISITION OF ANY MATERIALS OR INFORMATION THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR FOR ANY LOSS OF DATA, THAT RESULTS FROM SUCH ACTIVITIES.

 

• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ABOG OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

 

• BY USING THIS SITE YOU AGREE TO RELEASE, INDEMNIFY AND HOLD THE ABOG AND ITS MEMBERS, OFFICERS, AGENTS AND DIRECTORS HARMLESS AND FREE FROM ANY CLAIMS FOR LIABILITY OR DAMAGES OF WHATEVER KIND OR CHARACTER WHATSOEVER.

 

• As described above, this Site may contain links to third-party web sites that are not under the control of ABOG. ABOG makes no representation whatsoever about any other web site to which you may have access through this Site.

 

• When you access a non-ABOG website, you do so at your own risk and ABOG is not responsible for the accuracy or the reliability of any information, data, opinions, advice, statements, materials or quality made on these sites or for the quality of any products or services available on such sites.

 

• ABOG provides these links merely as a convenience and courtesy to you and the inclusion of such links does not imply that ABOG endorses or accepts any responsibility for the content or uses of such websites.

 

INDEMNITY

 

• YOU AGREE TO INDEMNIFY AND HOLD ABOG AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD- PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, PLACE TO OR TRANSMIT THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, USER SUPPLIED INFORMATION, MATERIALS OR COMMUNICATIONS (COLLECTIVELY REFERRED TO HEREIN AS "USER CONTENT"), YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY OF THE RIGHTS OF ANOTHER PERSON OR ENTITY WITH REGARD TO USER CONTENT THAT YOU MAY USE, OR OTHERWISE.

 

Governing law and jurisdiction

 

• This Site (excluding linked sites) is controlled by ABOG from its offices within the State of Texas, United States of America.

 

• By accessing this Site, you and ABOG agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws and principles thereof.

 

• You and ABOG also agree and hereby submit to the exclusive personal jurisdiction and venue of a State District Court of Dallas County, Texas, and the United States District Court for the Northern District of Texas with respect to such matters.

 

• ABOG makes no representation that the Materials, information or documents available on this Site are appropriate or available for use in other locations, and accessing them from territories where the contents are illegal or otherwise impermissible is prohibited.

 

• Those who choose to access this Site from other locations do so on their own initiative and peril and are responsible for compliance with local laws.

 

Adjudication of disputes, Forum: waiver of Right to Jury Trial

 

• In the event that any dispute arises between you and the ABOG whether under the terms hereof or as a result of any action taken by the ABOG or you as a result or consequence of your submitting this Application, your use of the ABOG website or any documents or materials you downloaded, viewed or referred to on the ABOG's website, or by reason of any Application, request for information or other contact between you or a representative of yours and the ABOG or any representative of the ABOG, you and the ABOG expressly agree to waive and hereby waive any rights you each may have to a trial by jury of any and all issues arising in any action or proceeding between you and the ABOG or their respective successors, representatives, or heirs.In addition, any claim, dispute, or controversy ('claim') by you or the ABOG against the other shall be resolved in an appropriate court of law located in Dallas County, Texas, as described above. Nothing herein is designed to create or grant you or the ABOG any rights that you or the ABOG may not already have.

 

Trademark Information

 

• The trademarks, logos and service marks ("Marks") displayed on this Site are the property of ABOG or other third parties. You are not permitted to use the Marks without the prior written consent of ABOG or such third party which may own the Marks.

 

Collection of personal information

 

• When you engage in certain activities on this Site, such as downloading software or Materials, ABOG, or other sites which are linked to this site, may ask you to provide certain information about yourself by filling out and submitting an online form.

 

It is completely optional for you to engage in these activities. If you would like to engage in these activities ABOG may require you to provide it personal information, such as your name, mailing address, e-mail address, and possibly other personal identifying information. When you submit such personal information to ABOG you understand and agree that ABOG and its agents may transfer, store and process your personal information in its files. Likewise, such other third parties linked to this Site may do the same.

 

• With regard to ABOG's use of such information, if you do not want the information you provide to ABOG to be used to inform you of other services, materials, or documents that may be offered or available from ABOG and you indicate this preference when you provide the information to ABOG, ABOG will honor your preference.

 

• ABOG makes no representation whatsoever about any third party's use of any personal information that you may furnish to any such third party and, you will be required to deal with such third party's online privacy policy, if, and to the extent, that any such third party has such a policy.

 

Use of cookies

 

• When you visit the ABOG Site, we may use "cookies" to track your visit. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card, recording your passwords and preferences.Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages. You need to be aware of the use of cookies and make a decision available to you on that basis.

 

Status verification

 

• As described on the Homepage of this Site, Status Verifications are not conducted online.Status Verifications may be obtained by fax or mail using a Status Verification Request form addressed to the ABOG at the address listed on this Site. It is important to note that in most cases, there will be a charge for Status Verification services. Please contact the ABOG office for a current list of fees.

 

Responsibility for treatment decisions

 

• THIS SITE IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY BY VISITORS TO AND MEMBERS OF THE ABOG.

 

• THE ABOG DOES NOT LICENSE MEDICAL DOCTORS. LICENSING OF MEDICAL DOCTORS IS DONE BY THE RESPECTIVE JURISDICTIONS IN WHICH SUCH DOCTORS PRACTICE.

 

• THE ABOG IS NOT RESPONSIBLE FOR ANY MEDICAL DECISIONS MADE OR TAKEN BY ANY MEDICAL PRACTITIONER WHO MAY BE A MEMBER OF THE ABOG. THOSE DECISIONS ARE THE RESPONSIBILITY OF THE TREATING PHYSICIAN AND HIS OR HER PATIENT.