- Our Intellectual Property Rights
The Sites constitute our exclusive property. The Sites, and all content (other than Your Content (as defined below) and other users’ content) included on the Sites, such as text, graphics, logos, names, designations, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software, is the exclusive property of ACMA and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Sites, which right is conditioned on your compliance with the Terms.
You may not access or use any content on the Sites for commercial, competitive, or any other purposes. You may not modify, republish, post, transmit or distribute any content on the Sites without the express written consent of ACMA. All rights not expressly granted in the Terms are reserved to ACMA and its licensors, and may not be exploited by you without our prior written consent.
- User Content
ACMA may, at its discretion, allow you and other users to submit your content to one or more of the Sites for viewing and access by other users (such as in chat rooms or message boards). By making your content accessible to other users (as individuals and as a group), you agree in perpetuity to allow any users, free of charge and for personal use: (a) to view your content on or through the Sites and other electronic communication media (e.g. mobile phones) for the entire period in which your content is hosted on the Sites; and (b) to download and view your content on other media. If you wish to use another user’s content for any other purpose, in particular for commercial use, you are responsible for obtaining the necessary advance authorization.
In addition, you authorize ACMA to reproduce and display your content via the features that enable the Sites to be accessed both on the Internet and through other electronic communication media, and to adjust your content’s format as necessary for the purposes of reproduction and display. Please note that due to the nature of the Internet and digital media, data transmitted – including your content – cannot be protected against the risks of misappropriation and/or piracy, for which ACMA shall not be liable. You are responsible for taking all appropriate steps to protect your content, where applicable.
The Sites may include bulletin boards, blogs, chat rooms and other pages that allow you and other users to post information and materials, provide feedback or comments to ACMA and/or its Sites, and interact in real-time with other users or the Sites. You agree that ACMA and its licensees may reproduce, distribute, publish, display, edit, modify, create derivative works and compilations and otherwise use all information, text, messages, photographs, videos, member or display name and other materials posted by you (“Your Content”) for any purpose in any form and on any media. You grant ACMA a non-exclusive, worldwide, perpetual, royalty-free right and sublicensable license to reproduce and create derivative works and compilations of Your Content, in whole or in part, and to display, perform, distribute and transmit the same in any form and on any media, including via the features that enable the Sites to be accessed both on the Internet and through any other electronic communication media or technology, now known or later developed, and to adjust the format or Your Content as necessary for the purposes of reproduction, display and transmission.
By using the Sites, you agree and grant ACMA the non-exclusive, royalty-free right and sublicensable license to display, distribute and transmit third-party advertisements in connection with Your Content.
- Our Obligation and Liability as Host
We are under no legal obligation to monitor content transmitted via or stored on the Sites by you or other users. Although ACMA and its affiliates may, from time to time, monitor, review and/or delete discussions, articles, chats, postings, transmissions, bulletin boards, photographs, videos and other user and member generated content on the Sites, neither ACMA nor its affiliates is under any obligation to do so. You acknowledge and agree that any discussions, articles, chats, postings, transmissions, bulletin boards, photographs, videos, opinions, advice, statements, services, offers or other user and member generated content on the Sites are those of their respective authors who are solely liable for their content. ACMA and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any content submitted to or posted on the Sites.
Our only obligation as host concerns responding to certain content that has been brought to our attention.
YOU AGREE THAT YOUR USE OF THE SITES SHALL BE AT YOUR SOLE RISK AND LIABILITY. EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY. ACMA, ITS AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS (THE “ACMA PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. ACMA PARTIES ALSO DISCLAIM ALL WARRANTIES, TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR THE CONTENT PRESENT ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON THE SITES. ACMA PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE SITES OR ITS SERVICES OR TECHNOLOGY, IN WHOLE OR IN PART, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, INCLUDING WITH RESPECT TO THE DELIVERY OF YOUR CONTENT AND/OR ANY LIMITATIONS ON YOUR OR ANY OTHER USERS’ ABILITY TO ACCESS, VIEW OR USE YOUR CONTENT OR ANY OTHER CONTENT, OR THAT ANY INFORMATION OBTAINED FROM THE SITES WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT NO ACMA PARTY SHALL BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITES, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL ANY ACMA PARTY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, REGARDLESS OF WHETHER ANY SUCH ACMA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THESE TERMS.
Your Responsibility as User
As a supplier of content to the Sites, including but not limited to Your Content, videos, photographs, comments, or articles, you are required to comply with any laws and regulations in force. You are thus responsible for ensuring that Your Content:
By uploading or disseminating images to or through the Sites, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s).
- does not violate the intellectual property rights of third parties (including video clips, photographs, television shows, animated and unanimated short, medium and/or feature-length films, and advertisements that you have not personally created or for which you have not obtained the necessary authorizations from third parties who hold the rights to them);
- does not cause personal injury (including defamation, insults, abuse, etc.) or constitute an invasion of privacy;
- is not contrary to public policy, child protection and privacy laws, or accepted moral standards;
- contains no child pornography, dangerous or illegal acts (including, but not limited to, incitement to violence, animal abuse or drug abuse);
- contains no sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, sexually explicit depiction of male or female genitalia);
- is not per se illegal;
- does not contain or constitute unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- does not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- does not interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites; and
- does not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to § 219 of the Immigration and Nationality Act.
You also agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethically or otherwise objectionable content of any kind, including but not limited to, any content which encourages conduct that would constitute a criminal offense, violate the copyrights, trademarks, services marks or similar intellectual property rights or other rights, including invasion of privacy or rights of publicity, of others. To be clear, ACMA neither wants nor tolerates such content. If Your Content contains such material, do not upload it to the Sites.
Failure to comply with these provisions will result in Your Content being removed and/or your account being deactivated without prior notice. In addition, ACMA reserves the right to report any violation of these provisions to applicable legal authorities and you may be personally liable to criminal sanctions applicable to the content in question (fines and/or imprisonment), in addition to any applicable civil damages.
ACMA does not tolerate copyright infringing activities and infringement of intellectual property rights on its Sites, and will remove content uploaded by users (including Your Content) if properly notified that such content infringes on another’s intellectual property rights. ACMA reserves the right also to terminate a user’s account, if a user is determined to be a repeat infringer.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ACMA’s copyright agent the written information specified below:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- A description of all of the copyrighted works that you claim have been infringed upon;
- A description of where the material that you claim is infringing is located on the Site, including, if possible, a URL of the specific location of the infringing material;
- Information sufficient to allow us to contact you including, at a minimum, your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ACMA’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
- Minimum Age; Entity Users
Children under the age of 18 are not permitted to register with ACMA. It is ACMA’s policy not to collect any information from anyone under the age of 18.
IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE OR ACCESS THE SITES AT ANY TIME OR IN ANY MANNER.
If you are the parent or legal guardian of a child under 18, and that child has somehow registered with any of the Sites, please send an email to firstname.lastname@example.org to cancel your child’s registration. In the email message, please provide your full name and address, your child’s full name and address, your relationship to the child, your daytime and evening telephone numbers, your email address and a copy of your child’s birth certificate or a signed statement that you are the child’s parent or legal guardian. ACMA reserves the right to seek additional information to verify your identity and status in relation to the child. ACMA will use this information only to verify that you are the child’s parent or legal guardian and for no other purposes.
If you are not an individual, you warrant that you have all necessary corporate or equivalent authority and power to agree to the Terms, which you agree shall be binding on the corporation, partnership, association or other entity in whose name you are registering as a user and establishing an account.
As a convenience to you, the Sites may contain links to websites operated by other entities (a “Linked Site”). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. ACMA has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by ACMA. Links from our Sites to any Linked Site do not constitute an endorsement by ACMA of a Linked Site, or the products, content, materials or information presented or made available by such sites. You acknowledge and agree that ACMA is not responsible for any damages or losses of you or any other person caused or alleged to have been caused by your use of any Linked Site, or from the products, content, material or information presented by or available through those sites.
You agree to indemnify and hold harmless ACMA, its officers, directors, employees and agents against any claim, action and/or complaint by any third party to which we may be exposed and you agree, in this regard, to accept exclusive liability for any sums, damages, costs, lawyers’ fees and court costs for which we may be held liable arising from your submission of material to the Sites or your violation of these Terms.
- Choice of Venue/Law; Waiver of Jury Trial
You agree that ACMA shall be deemed to be a passive website that is based solely in New York and over which personal jurisdiction cannot be obtained, either specific or general, in any jurisdiction other than state or federal court in New York.
You agree that any dispute between you and ACMA arising out of or relating in any way to these Terms or your use of the Sites shall be interpreted in accordance with the laws of the State of New York without reference to its conflicts of laws and shall in all respects be governed, construed, applied, and enforced in accordance with the laws of New York. You also agree that any claim or dispute between you and ACMA shall be decided exclusively by a court of competent jurisdiction located in New York.
- Electronic Signatures
You agree to be bound by any affirmation, assent, communication or agreement you transmit through the Sites, including but not limited to any consent you give to receive communications from ACMA solely through electronic transmission. You agree that, when in the future you click on “I agree,” “I consent,” “Submit,” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
ACMA may amend or revise the Terms or any other policy of ACMA at any time and you agree to be bound by such revised Terms or policy. Any such amendment or revisions will become effective upon the date it is first posted to this site. It is your responsibility to return to the Sites from time to time to review the most current Terms and other ACMA policies. ACMA does not and will not assume any obligation to notify you of changes to the Terms or any other policy of ACMA.
- Entire Agreement
If, for any reason, a court of competent jurisdiction finds any provision of the Terms or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Please read the following carefully.
TERMS OF PURCHASE FOR ALL PRODUCTS AND SERVICES
Refund & Cancellation Policy:
The ACMA offers the Board Certified Medical Affairs Specialist Program (BCMAS) and the Medical Affairs Competency Certificate Program (MACC). When applying to either of these programs, your credit card, check, or paypal account will be debited the entire amount for the program. If you are not accepted into the program, you will be refunded the entire amount minus the application fee for $49 which is non-refundable. Once you have gained access to the learning management system (LMS) there are no refunds or cancellations allowed except under rare circumstances which need to be received in writing within 30 days from the date of the first communication to the ACMA that you wish to cancel your admission into the course/program. The ACMA reserves the right to alter this program without prior notice.
All fees must be paid prior to accessing any of our products or services. ACMA reserves the right to adjust fees without any prior notice in accordance with business needs. All discounted rates are subject to review and approval. If payment is made via check and the check is refunded for any reason, including insufficient funds, a $35 fee will be assessed. Late payments will incur a fee of $199 plus any applicable refund fees.
PLEASE BE ADVISED: all payments are processed in U.S. Dollars. International currencies are converted to U.S. Dollars on the date of payment. We make every effort to process the most accurate currency exchange. However, all international payments are subject to fluctuation in currency exchange rates.
Intellectual Property Policy:
Unauthorized sharing of content via Internet access through the sharing of user names and passwords or the Flash Drive is restricted by law and may subject the copyright infringer to civil action. ACMA will pursue copyright infringers.
General Terms and Conditions and Other Disclaimers:
The curriculum, program, and module content is subject to change as we continue to strive to improve our program content. An executed application form where the applicant is accepted constitutes a binding agreement between the ACMA and the user. The materials, including advertisement and any other information you find about ACMA programs are provided “as is,” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the ACMA and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy, or non-infringement. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that ACMA is not liable for any defamatory, offensive, infringing or illegal materials or conduct, or that of third parties contained on the ACMA website, and the ACMA reserves the right to remove such materials from the ACMA website without liability. Completion of any of our educational programs does not guarantee job placement nor does it imply that recognition of our programs will result in employment of any kind. By enrolling in the ACMA educational programs, you use the program at your own risk and agree that it is for educational purposes only. The ACMA reserves the right to update its policies at any time. All individuals presented on our website are fictitious characters. Names and identifying details have been changed to protect the privacy of individuals. Please visit this page often to obtain the updated version.
For Further Information please contact us at:
The Accreditation Council for Medical Affairs
1345 Avenue of the Americas, 2nd floor
New York, NY 10105 or
E-mail to email@example.com