ACC has no obligation to monitor the Communication Services. However, ACC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ACC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ACC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ACC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ACC does not control or endorse the content, messages or information found in any Communication Service and, therefore, ACC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ACC spokespersons, and their views do not necessarily reflect those of ACC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ACC OR POSTED AT ANY D2B SITE
D2B does not claim ownership of the materials you provide to ACC (including feedback and suggestions) or post, upload, input or submit to any D2B Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ACC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, create derivatives, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ACC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ACC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to copy, distribute, transmit, publicly display, publicly perform, reproduce, create derivatives, translate and reformat your Submission.
DISCLAIMER OF WARRANTIES
THE USE OF THE D2B SITE IS SOLELY AT YOUR OWN RISK. THE D2B SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE D2B SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ACC MAKES NO WARRANTY THAT THE D2B SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE D2B SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE D2B SITE IS TO CEASE USING THE D2B SITE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF ACC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE D2B SITE, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE D2B SITE, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE D2B SITE.
You agree to defend, indemnify and hold ACC, its subsidiaries, affiliates, officers, directors, employees and agents harmless from and against any third party claim, action or demand ("Claim") and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the D2B Site. ACC shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
Service Contact: firstname.lastname@example.org
ACC reserves the right, in its sole discretion, to terminate your access to the D2B Site and the related services or any portion thereof at any time, without notice.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the D2B Site are: Copyright 2006-2009 American College of Cardiology and/or its suppliers. All rights reserved.
D2BTM, D2B: AN ALLIANCE FOR QUALITYTM, D2B ALLIANCETM, and the D2B design are trademarks of the American College of Cardiology ("ACC"). Other trademarks are owned by ACC or its affiliated entities or are used with the permission of their respective owners You agree not to use or display trademarks without the prior written consent of ACC or the owner of such mark.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
ACC reserves the right to terminate this Agreement in appropriate circumstances if you infringe upon the intellectual property rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), ACC's designated agent for notice of alleged copyright infringement in connection with the Website is:
Director of Online Services
To file a notice of infringement with D2B, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ACC as a result of this Agreement or use of the D2B Site. ACC's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of ACC's right to comply with governmental, court or law enforcement requests or requirements relating to your use of the D2B Site or information provided to or gathered by ACC with respect to such use.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
You understand and agree that ACC may from time to time establish and revise practices and limitations concerning the D2B Site and your use of the D2B Site. You agree that ACC shall have no liability for the deletion or failure to store any messages and other Communications Services and Submissions maintained on the D2B Site or transmitted using the D2B Site.
This Agreement constitutes the entire Agreement between you and ACC and governs your use of the D2B Site. You also may be subject to additional terms and conditions that may apply when you use the third party content or site available through the D2B Site.
You and ACC and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement and the relationship between you and ACC will be governed by the laws of the District of Columbia, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and ACC will rest exclusively in the state and federal courts located in the District of Columbia. The failure of ACC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the D2B Site or this Agreement must be filed within one year after such claim or cause of action arose. ACC may provide notice to you by email or regular mail.
The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.