Terms And Conditions

Terms And Conditions

The NCDR™ Web Site is owned and operated by the American College of Cardiology Foundation ("ACCF"). The following terms and conditions govern the use of the NCDR™ Site by visitors to this site. By accessing or using the Site, you agree to be bound by these terms and conditions and by any amendments in effect at the time of your visit. In addition, registered users must affirmatively agree to the terms and conditions contained in the Registered User Agreement.

These terms and conditions expressly incorporate by reference and include the NCDR™ Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific Web Pages, or on notices that are sent to you.

ACCF may modify any part of the Terms and Conditions, and may discontinue or revise any or all aspects of the NCDR™ Site at its sole discretion and without prior notice.

Trademarks

ACCF's Web Site contains many valuable trademarks owned and used by ACCF or the American College of Cardiology ("ACC"). ACCF and ACC use these trademarks to distinguish its goods and services from those of others. ACCF's Web Site may also contain references to other entities' trademarks and service marks. Such references are for identification purposes only, and neither ACCF nor ACC claim ownership in, or any affiliation with, any third party trademarks or service marks appearing in its Site.

NCDR™, AMERICAN COLLEGE OF CARDIOLOGY™, AMERICAN COLLEGE OF CARDIOLOGY & Design™, AMERICAN COLLEGE OF CARDIOLOGY FOUNDATION™, and AMERICAN COLLEGE OF CARDIOLOGY FOUNDATION & Design™ are trademarks of American College of Cardiology ("ACC"). ACC®, and ACCEL®, are registered trademarks of ACC, and ACCARDIO®, is a registered trademark of ACCF.

Copyrights and Limitation on Use

The information, images, programs, and services available through the NCDR™ Site (collectively, the "Content") are the property of the ACCF and are protected by copyright and other intellectual property laws.

Except as expressly set forth in these terms and conditions, you acquire no right, title or license in the Content or data provided to you through the NCDR™ Site.

Content provided on or through the NCDR™ may not be reproduced, retransmitted, stored, distributed, disseminated, sold, published, broadcast or circulated in any medium to anyone, including but not limited to others in the same company or organization, without the express prior written permission of the ACCF, except as otherwise expressly permitted under fair use provisions of U.S. and international Copyright Law. Fair use provisions of U.S. Copyright Law permit reproduction of single copies of copyrighted material for your personal, non-commercial and private use. In the event of any permitted use of copyrighted material, no modifications to content or in author attribution or copyright notice shall be made without written authorization from the ACCF. Users are not permitted to download excessive portions of Content or information from the NCDR™ Site. The use of robots and all automated downloading programs are prohibited. The ACCF shall take all reasonable steps to cease such excessive and unauthorized activity and to prevent any recurrence thereof, including terminating your access to the NCDR™. Any questions about whether a particular use is authorized and any requests for permission to otherwise reproduce, distribute, display or make derivative works from the Content may be sent to: NCDR™ Customer Services, 9111 Old Georgetown Road, Bethesda, MD 20814.

You may not use the NCDR™ to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which would be abusive, profane, pornographic, or sexually offensive to an average person, or which contains errors. The ACCF may at any time exercise editorial control over the content of any information which is distributed through its facilities and/or services. You may not, without the approval of the ACCF, use its facilities and/or services to publish or distribute any advertising, promotional material, or solicitation to other subscribers to use any goods or services. For example, you may not use the NCDR™ facilities and/or Site to conduct any business, to solicit the performance of any activity which is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the NCDR™ facilities and/or Site to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.

Disclaimer of Warranties and Liability

Access to this Site is provided on an "as is" basis with no warranties whatsoever.

The Content on the NCDR™ Site is presented as a general educational service. While the Content on the NCDR™ Site is about specific medical and healthcare issues, the Content is not a substitute for or replacement of personalized medical advice and is not intended to be used as the sole basis for making individualized medical or health-related decisions.

Certain Content on this Site may include information or discussion about drugs or devices, or uses of drugs or devices that have not been approved by the Food and Drug Administration (FDA) or have been approved by the FDA for specific uses only. The FDA has stated that it is the responsibility of the physician to determine the FDA clearance status of each drug or device he or she wishes to use in clinical practice. The inclusion of any Content about such devices, drugs or uses of same does not imply an endorsement by the ACCF of the uses, products or techniques presented.

The ACCF assumes no responsibility for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use of operation of any methods, products, instructions or ideas contained in the Site. No suggested test or procedure should be carried out unless, in the reader's judgment, its risk is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses and drug dosages should be made. Discussions, views, and recommendations as to medical procedures, products, choice of drugs, and drug dosages are the responsibility of the authors.

Although all advertising material on the Site is expected to conform to ethical and medical standards, inclusion on this Site does not constitute a guarantee or endorsement by the publisher of the quality or value of such product or of the claim made of it by its manufacturer.

The ACCF endeavors to select credible medical material for inclusion in the NCDR™ services. The editors consult sources they believe to be reliable and competent. However, in view of the possibility of human error by others, editors or publishers of works contained in the NCDR™ services, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information. This information is not intended to replace medical advice offered by physicians.

The ACCF does not assume any responsibility for the content of this Site nor for any errors or omissions contained in the displayed search results or this web Site. The ACCF does not and cannot guarantee that the service will be uninterrupted. The use of this web Site and any download is at your sole risk.

The NCDR™ Site may include facts, views, opinions and recommendations of individuals and organizations deemed of interest to our participants. The ACCF does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these view, opinions or recommendations.

NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY, THE ACCF NOR ANY OF ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF INFORMATION AVAILABLE THROUGH THE NCDR™ SITE. NEITHER THE ACCF NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THE NCDR™ SITE. IN NO EVENT WILL THE ACCF, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. THE ACCF AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF ACCF, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE INFORMATION PROVIDED BY ACCF SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCF FOR THE INFORMATION.

The ACCF neither endorses nor takes responsibility for any products, goods or services offered by outside vendors through our services or advertised on our system.

Systems Reliability

The ACCF aims to keep the NCDR™ services available 24 hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. The ACCF shall not be liable for lost information or non-availability of the services.

Indemnification

You hereby agree to indemnify, defend and hold the ACCF and its collaborators harmless from and against any and all liability and costs incurred by the ACCF or its collaborators in connection with any claim arising from your use of the NCDR™ Site, services or Content, including, without limitation, reasonable attorneys' fees.

Links to Other Sites

The NCDR™ Site may contain links to other Sites which are provided solely as a convenience to you. ACCF is not responsible for the availability of external Sites or resources linked to the Site, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of the ACCF. Because the ACCF is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions of these linked Sites, as their policies may differ from ours.

Jurisdiction

This Agreement will be governed by and construed under the laws of the courts, state and federal located in Montgomery County, Maryland, without regard to its conflicts of law principles and, to the extent applicable, the federal laws of the United States. Customer hereby submits to and agrees that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the Maryland state courts and U.S. federal courts located in Montgomery County, Maryland.

REGISTERED USER AGREEMENT

The following provisions govern the use of the NCDR™ services by registered users of the NCDR™ Site. These terms and conditions expressly incorporate by reference and include the general Terms and Conditions for the NCDR™ Site, the NCDR™ Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific Web Pages, or on notices that are sent to you. In order to access the NCDR™ services, the user must register and agree to the following terms and conditions:

Binding Terms and Changes

The NCDR™ Web Site is made available to registered users for which a Participant Agreement has been executed. By becoming an NCDR™ Web Site user, you are indicating that you agree to be bound by all of the terms in this Registered User Agreement.

The ACCF may change the terms in this Registered User Agreement. When the terms are changed, the ACCF will notify you by e-mail or online postings. Your continued use of the services shall be construed as your acceptance of the updated agreement terms

Password Use and Security

By entering into this Agreement, you acknowledge that the NCDR™ services are for your exclusive use only. Use or sharing of passwords by non-registered users is prohibited. Failure to comply will result in immediate suspension of your account.

You are solely responsible for maintaining the confidentiality of your User Name and Password, and for all activities that occur under your User Name and Password. You agree to immediately notify the ACCF at ncdr@acc.org if you become aware of or have reason to believe that there is any unauthorized use of your account or any other breach of security. The ACCF is in no way liable for any claims related to the use or misuse of your User Name and Password due to the activities of third-parties outside of the ACCF’s control or due to your failure to maintain their confidentiality and security.

Use of Registered User Information

By entering into this Registered User Agreement, you also are agreeing to the terms of the NCDR™ Privacy Policy

Termination and General Provisions

A Participant Agreement in the NCDR™ is renewed on a yearly basis. If the Participant Agreement has expired and a new agreement has not been executed, access to the NCDR™ Web Site for all institutional users will be terminated.

Users who use foul language, communicate inappropriately, download material for any use other than personal, attempt to subvert the NCDR™ system and/or services, or otherwise violate these terms and conditions shall have their user accounts terminated.

Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.

If any provision in this Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Maryland, without regards to conflicts of law principles, as if the Agreement was a contract wholly entered into and wholly performed within Maryland. Customer hereby submits to and agrees that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the Maryland state courts and U.S. federal courts located in Maryland. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

I HAVE READ AND UNDERSTAND THIS REGISTERED USER AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS.