This website and its contents are the property of the American College of Veterinary Surgeons (“ACVS”). This web page states the “Terms and Conditions” for the use of ACVS’s website, www.acvs.org, the ACVS Foundation’s website, www.acvsfoundation.org, and partner sites cert.acvs.org, online.acvs.org, and https://acvs.learningbuilder.com (collectively referred to as the “Site”). By using the Site, you agree to be bound by these Terms and Conditions. ACVS may revise these Terms and Conditions at any time by updating this posting. The terms “You” and “User” are used to refer to anyone who is accessing the Site. If you are using the Site on behalf of a company or other legal entity, such entity may have a separate agreement with ACVS, but you are nevertheless individually bound by these Terms and Conditions.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
Ownership of Copyrights, Trademarks and Other Intellectual Property
The entire contents of the Site, including the text, graphics, images, logos, button icons, HTML code, and other “material” are copyrighted by ACVS under the copyright laws of the United States. User agrees not to remove or obscure copyright notices appearing on the Site. ACVS grants no copyright or ownership interests to User for any of the material and proprietary information referred to herein belonging to ACVS; limited use of the materials is permitted only as expressly stated in the terms below. Permission to use or reproduce the Site content may be granted in special circumstances on a case-by-case basis. Please direct any request to use content to acvs@acvs.org.
Permitted Uses of Materials
Below are selected permitted and prohibited uses of ACVS materials that are posted on the Site.
- Anyone who is doing personal, noncommercial research may view, print material, and temporarily store materials from the Site, provided that ACVS’s copyright notices are not removed and that the reuse of material does not conflict with any of the prohibited uses below.
- Any use other than as described in paragraph 1 above requires prior written permission from ACVS. Please direct any request to acvs@acvs.org.
- User may link or post the link of this Site to any document or location. ACVS does not have any control over link(s) made by other users to any document or location at the Site and is not responsible for any of the content linking to the Site.
Prohibited Uses of Materials
- Except for the permitted uses above, User agrees not to reproduce, distribute, transmit (via print, fax, electronic, or other means), modify, alter, or create derivative works of the materials contained in the Site without prior written permission from ACVS.
- User agrees that materials may not be commercially exploited or sold to third parties without prior written authorization from ACVS.
- User agrees that materials may not be systematically stored on a server so as to substitute for the purchase of a subscription and/or license agreement to/for the materials.
Name and Logo
All uses of ACVS trademark and logos must be authorized by ACVS and may be subject to restrictions in accordance with ACVS’s trademark/logo use policy. User agrees not to use the name, trademark, and logos of American College of Veterinary Surgeons, ACVS, and the ACVS Foundation for any purposes without the prior written authorization of ACVS.
Site Security
Interference with Site operation: User agrees to not access or use the Site in any manner that could damage, disable, impair, or cause undue burden on the Site and/or its host, servers, network, systems, or other users. User agrees to not attempt to interfere in any way with the operation of the Site, that User will not transmit any virus or worm to the Site, that User will not use any spider, robot, or any other automated mechanism to access the Site and/or its servers or systems, and that User will not engage in flooding, spamming, mail-bombing, crashing, or otherwise sending unsolicited and improper emails to other users of the Site that are irrelevant to the ACVS community. User further agrees that User will not attempt to access portions of the Site that are not intended for User’s use, that User will not attempt to log on to a server or account that User is not authorized to access, and that User will not probe, scan, or test the vulnerability of any system or network related in any way to the Site without authorization.
Alteration of Site content: None of the material contained on the Site (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of ACVS.
Violation of Site security: Users are prohibited from violating or attempting to violate the security of the Site. The Site has security measures in place to protect the loss, misuse, and alteration of the information under ACVS’s control. Please see our Privacy Policy for further details concerning the Site’s privacy practices.
Compliance: User agrees to comply with all applicable laws, as well as with these Terms and Conditions. User agrees not to engage in any unlawful or commercial activity on the Site.
Registration and Password
Users are responsible for maintaining the confidentiality of their information and password. User is responsible for all use associated with User’s registration and the compliance with all Terms and Conditions. User agrees to immediately notify ACVS of any unauthorized use of your password or account or any other breach of security.
Terms of Use for Member Directory
By using ACVS’s Find a Veterinary Surgeon directory (“member directory”) via the Site, you hereby accept and agree to be bound by the following terms and conditions: The ACVS member directory and all content are proprietary to ACVS. The content of the directory may not, in whole or in part, be reproduced, republished, duplicated, disseminated, downloaded, entered into a computer database, used as part of or in connection with the preparation, revision, or confirmation of a commercial mailing, database, telephone, fax, email, or other marketing list, or otherwise utilized, in any form or manner or by any means, except for the User’s individual personal or professional use, or upon prior written permission by ACVS on a limited case-by-case basis. The presence of information about ACVS members in this directory represents only that these individuals are members in good standing of ACVS; it does not represent their consent to allow any commercial use of the directory information by third parties and marketing firms, or to receive any marketing or related communications. The member directory may be utilized by potential clients and the public to contact ACVS members concerning their professional services, or to exchange information relevant to the ACVS membership community.
Termination of Account
ACVS reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to immediate termination of User’s registration with the Site or ability to access the Site and/or any other service provided to User by ACVS, upon any breach by User of these Terms and Conditions or if ACVS is unable to verify or authenticate any information User submits to the Site for registration. ACVS shall not be liable to User nor any third party for any termination of User’s account or access to the Site.
Waiver of Liability
ACVS does not screen or censor User-generated content made available on the Site. ACVS is NOT LIABLE for any User-generated content posted on the Site. User assumes all risks associated with dealing with other users with whom User comes in contact through the Site. Should a dispute arise between User and another user, User hereby agrees to release ACVS from all claims, demand, and damages associated with such a dispute.
IN NO EVENT SHALL ACVS OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACVS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Warranties
THE CONTENT THAT IS POSTED ON THE SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. ACVS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, THE MATERIAL OR OTHER POSTED CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACVS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF COPYRIGHT TO THE FULLEST EXTENT PERMITTED BY LAW.
ACVS DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ACVS IS NOT RESPONSIBLE FOR THOSE COSTS.
Links to Other Sites
The Site may contain links to third-party websites. These links are provided solely as a convenience to User and not as an endorsement by ACVS of the third-party or the contents of such third-party websites. Because we do not have any control over such third-party websites, ACVS is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. Linking to third-party websites is performed at User’s own risk.
Indemnity
User agrees to defend, indemnify, and hold harmless ACVS, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal fees, resulting from your use of the Site or your breach of the Terms of Use, including, without limitation, your submission of content that violates third party rights or applicable law. ACVS shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit, or proceeding.
Foreign Access
If User accesses this Site from outside the United States, User does so at User’s own risk. User agrees to comply with all applicable local rules and laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Governing Law
These Terms and Conditions are governed by laws of the state of Maryland. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state or federal courts within the state of Maryland. If any provisions of these Terms and Conditions are 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 these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
Effective Date: May 2018
