EFFECTIVE DATE: September 5, 2023
PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE, PORTAL, OR OTHER DIGITAL SERVICE OPERATED AND MAINTAINED BY THE AMERICAN BOARD OF NEUROSURGEONS (“ABNS”).
THE WORDS “US,” “WE” AND “OUR” REFER TO ABNS. THE WORDS “YOU” AND “YOUR” REFER TO YOU, THE USER OF THE SERVICES. THE WORD “SERVICES” REFERS TO THIS WEB SITE AND ANY SERVICES OFFERED THROUGH THE WEBSITE OR OTHER DIGITAL SERVICE OPERATED AND MAINTAINED BY ABNS AND LINKING TO THIS AGREEMENT. FOR PURPOSES OF THIS AGREEMENT, REFERENCES TO THE SERVICES ALSO INCLUDE ANY AND ALL MIRROR, EQUIVALENT, COMPARABLE, REPLACEMENT, SUBSTITUTE OR BACKUP WEBSITES, WEB PAGES, RESOURCES, FACILITIES OR OTHER MEANS WE MAKE AVAILABLE TO YOU IN DIGITAL OR ELECTRONIC FORM.
THE WORD “KEY” REFERS TO AN ALPHANUMERIC CODE WHICH IS REQUIRED IN ORDER TO REGISTER FOR AND ACCESS COURSES PROVIDED VIA THE SERVICES. THE TERM “USE” REFERS TO DIRECT OR INDIRECT ACCESS, USE, DISPLAY, VIEWING, EXCHANGE, COMMUNICATION, REPRODUCTION, TRANSMISSION OR RECEIPT OF INFORMATION, EITHER WITH OR WITHOUT THE AID OF A MACHINE OR DEVICE, TO, FROM OR THROUGH THE SERVICES, OR ANY ACTION THAT CAUSES THE PERFORMANCE OF FUNCTIONS, ACTIVITIES OR OTHERWISE PROVIDES OR OBTAINS SERVICES, CONTENT, INFORMATION, REPORTS, MATERIALS OR DATA IN CONNECTION WITH THE SERVICES.
BY ACCESSING OR BROWSING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN, WITHOUT LIMITATION OR QUALIFICATION. THE ABNS MAY AMEND OR CHANGE THESE TERMS AND CONDITIONS, AT ANY TIME, WITHOUT NOTICE TO YOU. THEREFORE, YOU MUST CONSULT THE MOST RECENT VERSION OF THIS AGREEMENT (AND NOT AN OLDER CACHED VERSION) EACH TIME YOU VISIT THE WEB SITE. USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS AND CONDITIONS, IN THEIR CURRENT FORM OR AS MODIFIED, JUST AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS WEBSITE.
Enrollment in one of our online courses: When enrolling in one of our online courses and to receive a course completion card, you will be asked to provide the ABNS with your name, contact details, professional category and specialty, and course in which you are enrolling. This personal data is processed for managing our training courses and to provide you with the appropriate training material and course completion certificate.
You acknowledge and agree as follows:
We reserve the right to approve or reject any user or revoke and restrict your right to use the Services or accept your Key, at any time and for any reason in our sole and absolute discretion.
Upon activating your Key or to access certain Services, you will be required to create your own unique user name and password. You acknowledge that you are responsible for maintaining the confidentiality of Your password and user name. You agree to immediately notify ABNS of any unauthorized use of your password, user name, or Key. ABNS cannot and will not be held liable for any loss or damage arising from your failure to comply with this Section.
ABNS does not recognize the transfer of an activated Key and any unauthorized transfer of an activated Key will result in the permanent deletion of your registration on the Website such that any course completions cannot be verified. You may not offer any previously activated Key for sale or trade, and any such offer is in violation of this Agreement and may result in the deletion of your registration and account from the Web Site.
You may not use any of ABNS’s proprietary logos, marks or other distinctive information found on the Website in your links, without ABNS’s express written permission, which ABNS may withhold in its discretion. You many not link in any manner reasonably likely to a) imply affiliation with or endorsement or sponsorship by ABNS or any of ABNS’s officials, staff or other member of ABNS; b) cause confusion, mistake, or deception; c) dilute ABNS’s trademarks or service marks; or d) otherwise violate applicable laws. You acknowledge that You do not acquire any ownership rights in any information by downloading any information, in whole or in part, from the Website.
Courses may be accessed only through a Key purchased from ABNS or a company authorized by ABNS to distribute Keys, or through an LMS Provider. You are solely responsible for maintaining the confidentiality of your Key, and for all activities, charges or liabilities incurred through use of the Services. Once you have redeemed a Key or received access to a Course you may not transfer your Key or access to a Course to another user.
A Key entitles you to register in only one Course. In order to take a different Course, or to repeat a Course, you will need to obtain a new Key for that Course.
Some Courses may entitle you to receive credits or course completion documentation; some Courses will require a skills assessment or additional instruction from a Training Entity; and some Courses will not entitle you to any credits or course completion documentation. It is your responsibility to consult the Course description and determine whether credits or Course completion documentation are offered and whether you qualify for them, or whether additional assessment or instruction is required. The fee for a Key does not include any fees that may be charged by Training Entities for additional training or skills assessment. It is your responsibility to locate a Training Entity that can provide you with the necessary additional assessment or instruction and to obtain any available Course credit or documentation.
Third Parties and Third Party Sites
The Website may contain references or links to other websites, web pages, materials, information and resources (“Third Party Sites”). We are not responsible for and have no control over the accessibility via the Internet of any Third Party Sites. Furthermore, you understand, acknowledge and agree that we do not endorse nor are we otherwise responsible for or associated with any Third Party Sites and you should not assume or rely upon any information or content as having originated with or been approved by us or even that we are aware of the specific content, information, features or capabilities available in connection with such Third Party Sites. We are not responsible or liable, in any manner whatsoever, for, in connection with, or as a consequence of your use of any Third Party Site, even if we are advised of the possibility that damages may result.
You may have reached this Website through an LMS Provider. An LMS Provider is also a Third Party Site, and we are not responsible for and have no control over any services or products offered by the LMS Provider. We are not responsible or liable in any manner whatsoever, for, in connection with, or as a consequence of your use of any LMS Provider, even if we are advised of the possibility that damages may result.
You may have received your Key from a Training Entity, LMS Provider, distributor, or other third party (“Third Party”). ABNS is not responsible or liable in any manner whatsoever, for, in connection with, or as a consequence of any representations, actions or omissions of any Third Party, even if we are advised of the possibility that damages may result.
Intellectual Property Rights
Notwithstanding any license granted in this Agreement, the Services, Information and all text, graphics, images, logos, icons, programs, software, code, data, schema, content, information, reports and materials made available to you in connection with your Use of the Services, whether tangible or intangible, in any form and on or in any media, and all intellectual property rights in and to the same (hereinafter the “Intellectual Property”), are proprietary to us or are owned by us or our licensors or suppliers. You may not use the Intellectual Property, except as specifically permitted under this Agreement. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works from, reverse engineer or distribute the Intellectual Property in any way. Any and all rights not expressly granted by this Agreement, whether existing now or arising in the future, are hereby expressly reserved by us.
We reserve the unconditional right (but not the obligation) to remove, move or edit any information, data, text, graphics, content or other materials which we consider to be in violation of any of the terms of this Agreement. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of any such activities.
All information associated with the Services is copyrighted by ABNS or its licensors. All Rights Reserved. The Services and Information is the valuable, exclusive property of ABNS or its licensors and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as permitted in this Agreement, You may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without ABNS’s prior written consent. You may not remove, alter, or obscure any copyright, legal or proprietary notices in or on any portions of the Information. ABNS, and its associated logos, and all page headers, custom graphics, buttons and other icons are service marks, trademarks, registered service marks, or registered trademarks of ABNS, or its affiliates. All other product names and company logos mentioned in the Services or Information are trademarks of their respective owners. Images of people or places displayed on the Website are either the property of, or used with permission by ABNS. The use of these images by You, or anyone else authorized by You, is prohibited unless specifically permitted by this Agreement. Any unauthorized use of the images may violate copyright, trademark, privacy, publicity, or communication laws, regulations, or statutes.
We may terminate this Agreement and/or otherwise restrict, suspend or terminate your use of the Services, in whole or in part, at any time in our sole and absolute discretion, immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us or which may be available to you under any separate written agreements you may have entered into with us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use the Services.
ABNS may, at its sole discretion, elect to provide, or not provide, refunds or other accommodations to purchasers of Keys. However, in most cases the ABNS will gladly accept and credit the purchase price for course keys purchased at our site if returned in unused condition within 30 days of purchase. All key returns are subject to a 15% restocking fee.
Termination or cancellation of this Agreement shall not affect any right or relief to which ABNS may be entitled, at law or in equity. Upon termination of this Agreement, all licensing and intellectual property rights granted to you will terminate and revert to ABNS. Upon deletion of your personal data by ABNS, all privacy and data protection rights granted to you will terminate.
Limitation of Liability: Termination is your sole right and exclusive remedy for any claims or cause of action arising from the Courses, the Services, the Web Site or your use thereof. Upon termination by you or by us, your right to use the Services shall immediately cease.
UNDER NO CIRCUMSTANCES WILL THE ABNS, ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEB SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT (STRICT LIABILITY OR OTHERWISE), INCLUDING WITHOUT LIMITATION: LOSS OF VALUE, LOSS OF USE, LOST ANTICIPATED PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF GOODWILL OR OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NEITHER THE ABNS, NOR ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS, SHALL BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR KEYS WITHIN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY CLAIM AROSE. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT AND YOUR USE OF THE SITE OR THE SERVICES. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
No Warranties; Disclaimer: THE SERVICES AND THE COURSES ARE MADE AVAILABLE FOR YOUR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE OR OTHERWISE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEB SITE, COURSES OR SERVICES, ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY FOR USE OR RELIANCE BY YOU OR ANY OTHER PARTY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Delays in Services. Force Majure. ABNS shall have no responsibility to provide you access to the Services. Furthermore, any delays in or failure of performance by ABNS, the Training Entities, or any of ABNS’s service providers (including its and their officers, directors, employees, affiliates, agents representatives, and subcontractors) shall not give rise to any claims or damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond the control of ABNS, including but not limited to, acts of governmental authority, weather, fire, floods, explosions, act of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. ABNS shall have no responsibility to provide you with access to the Website while interruption due to any such or similar cause shall continue.
Indemnification: YOU AGREE TO RELEASE AND TO INDEMNIFY, DEFEND AND HOLD HARMLESS ABNS, ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS R VOLUNTEERS (THE “INDEMNITEES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, FEES AND COSTS, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COURT COSTS, WHICH MAY ARISE OR ARE INCURRED BY THE INDEMNITEES IN CONNECTION WITH ANY LIABILITY, DAMAGES, CLAIMS OR ACTIONS ARISING FROM YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ADVERTISING, STATEMENT, REPRESENTATION OR WARRANTIES POSTED BY ABNS OR ANY USER ON THE WEBSITE, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES. NO SETTLEMENT OR COMPROMISE WHICH MAY ADVERSELY AFFECT THE INDEMNITEE’S RIGHTS OR LEGALLY OBLIGATE AN INDEMNITEE SHALL BE MADE OR ENTERED INTO BY YOU WITHOUT THE INDEMNITEE’S PRIOR WRITTEN APPROVAL.
General Information. This Agreement, together with the Privacy Notice posted on the Services and specific consents provided by you on the Web Site, constitute the entire agreement between you and ABNS and govern your Use of the Services , superseding any prior agreements between you and ABNS. The failure of ABNS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement should remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
MyABNS allows Diplomates to designate other users (Delegate) to act on their behalf within MyABNS. The Delegate has limited access to information and activities in the Diplomates account. It is the sole responsibility of the Diplomate to ensure that all information entered into MyABNS (whether by the Diplomate or by his or her Delegate) is accurate. ABNS keeps an audit log of all activity within MyABNS.