The American Board of Precision Medicine, Inc. (“ABOPM”) makes available on this website, www.theabopm.org, information, documents, communications, educational content, hypertext, links, and other resources, as well as certain functionality and services, including Certification Program and Membership for eligible physicians and medical students.

Your access to or use of this Site constitutes your acceptance of these Terms of Use. In these Terms, “you” refers to the person using or accessing the Site.

ABOPM reserves the right to change or modify these Terms of Use from time to time at its sole discretion, without advance notice. Your use of the Site will be subject to the most current version posted on the Site at the time of use.

When using particular Services or Content on this Site, you may also be subject to any posted rules, guidelines, or additional conditions applicable to those materials or services. Those rules are incorporated by reference into these Terms of Use.

If you breach any of the Terms of Use, your authorization to use this Site terminates and you must immediately destroy any Content downloaded or printed from the Site.

You agree that all information you provide is true, accurate, and complete. In order to access your Certification Program or Membership on the Site, you are required to use the assigned User ID and the Password you have chosen.

You are responsible for maintaining the confidentiality and security of your User ID and Password and are fully responsible for all activities that occur under your credentials.

You agree to immediately notify ABOPM of any unauthorized use of your User ID or Password or any other breach of security, and to exit from your account at the end of each session.

You agree that ABOPM cannot and will not be liable for any loss or damage arising from your failure to maintain confidentiality of your credentials or from your failure to exit or log out from your account. For more information on security, see ABOPM’s Privacy Policy.

The content of the Site, including but not limited to text, graphics, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, practice examinations, literature, technical information, advertisements and other materials (collectively, the “Content”) is owned by ABOPM or third parties with all rights reserved unless otherwise noted.

All Content and Services on the Site, including the organization and layout of the Site, are owned and copyrighted or licensed by ABOPM, its affiliates, or its third-party vendors.

You may download or copy information from the Site for your personal use only as permitted below, provided that each copy includes any copyright, trademark notice, or attribution appearing on the copied material. Except as expressly permitted in these Terms, the Content may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create derivative works, or otherwise used for public or commercial purposes without ABOPM’s express written permission.

You may not use any Content in any manner that may give a false or misleading impression or statement. Nothing on the Site confers any license to intellectual property rights by estoppel, implication, or otherwise. Any unauthorized use or modification of the Content constitutes infringement of ABOPM’s copyrights and other proprietary rights.

The Site also displays ABOPM trademarks, service marks, and registered marks. ABOPM’s name, imprimatur, design marks, and slogans are the trademarks or service marks of ABOPM. You are not authorized to use any ABOPM name or mark in advertising, publicity, or any commercial or other manner except as permitted by ABOPM policy or with ABOPM’s express prior written consent.

Any software and accompanying documentation made available to download from this Site is copyrighted and/or protected work that is owned or licensed by ABOPM.

Use of such software is governed by the terms of the end-user license agreement that accompanies or is included with that software. If you do not agree to those terms, you may not download, install, or use the software.

You are not authorized to decompile, reverse engineer, or otherwise attempt to discover the source code of any software available on this Site or on any other sites to which this Site may link or refer you.

Except as otherwise indicated, you may view, download, and print documents, information, and other Content available on this Site subject to these conditions:

• The Content may be used solely for personal, professional, informational, internal, and non-commercial purposes.
• Diplomates of ABOPM, or applicants for certification by ABOPM, may also use such documents, information, and Content for purposes of applying for any examination or certification for which they may be eligible.
• The Content may not be modified or altered in any way.
• You may not remove any copyright, trademark, or other proprietary notices contained in the Content.
• The rights granted constitute a limited license and not a transfer of ownership or title.
• You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Content, use of the Content, or access to the Content.

The rights to view, download, and print Content do not apply to the design and layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

You further agree not to:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works based upon, frame in another webpage, use on another website, transfer, or sell any information, software, lists of users, databases, products, or services provided through or obtained from the Site.
• Engage in screen scraping, indexing, database scraping, use of robot or spider software, or any similar practice intended to obtain users or other information from the Site without ABOPM’s express written permission.
• Damage, disable, overburden, or impair the Site or interfere with any other party’s use or enjoyment of the Site.
• Obtain or attempt to obtain materials or information through means not made readily accessible by ABOPM through the Site.
• Access or attempt to access password-protected, secure, or non-public areas of the Site other than your own Physician Portfolio.

You agree that ABOPM may at any time terminate your access to and use of the Site, or any part of it, with or without notice, based on ABOPM’s sole and absolute discretion that you have violated these Terms of Use or that other conduct or circumstances warrant such action.

Use of the Site, Services, and access to Content shall be immediately terminated if you violate these Terms. ABOPM also reserves the right, in its sole discretion, to modify or discontinue the Services or access to Content, or any portion thereof, with or without notice and without liability to you.

ABOPM grants a limited, non-exclusive license to access a limited subset of Certification Data through the Site and the “Find a Physician” service solely for personal and consumer purposes, such as verifying the credentials of your own physician or locating a certified precision medicine physician you may wish to visit.

“Certification Data” means information from the ABOPM database relating to physicians who have been certified in Precision Medicine. Use of Certification Data for any other purpose is strictly prohibited.

ABOPM also grants a third-party credentialing organization a limited, non-exclusive license to access a limited subset of Certification Data through the Site and the “Online Verification System” solely to verify the credentials of a physician. Use for any other purpose is strictly prohibited.

By creating a link to the Site, you agree that:

• You will not employ any technology that places Content from the Site in a frame, reduced pop-up window, or any other display mechanism that changes the appearance of the Site from how it would appear if a user typed the URL into a browser.
• Your website will not display content or link to other websites that contain illegal, obscene, indecent, disparaging, discriminatory, or otherwise offensive content.
• You have duly registered your domain name and possess all rights necessary to use it.
• You shall not access, collect, store, disclose, transfer, or use information obtained or derived from a user’s access to or use of the Site.

ABOPM reserves the right to revoke permission to create a link at any time in its sole discretion, and if requested by ABOPM, you must immediately remove and cease using the link.

You understand and agree that your use of, and reliance upon, any and all of the Site, Services, or Content is at your sole risk and is made available on an “as is” and “as available” basis.

ABOPM makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of the Site, Services, or Content.

ABOPM expressly disclaims, and you release, all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event shall ABOPM be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, the delay or inability to access or use the Site or related services, the provision of or failure to provide services, or for any content, software, products, and services made available or obtained through the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if ABOPM has been advised of the possibility of such damages.

Any Services or Content made available or obtained through the use of the Site, and all other use of the Site, is done at your own discretion and risk. If you are dissatisfied with any portion of the Site or these Terms, your sole and exclusive remedy is to discontinue use of the Site.

The Site may contain links to third-party websites that are not under ABOPM’s control. When you access a non-ABOPM website, you do so at your own risk.

ABOPM is not responsible for the accuracy, reliability, statements, materials, products, or services available on such sites. These links are provided merely as a convenience and courtesy, and their inclusion does not imply endorsement or acceptance of responsibility by ABOPM.

You agree to indemnify and hold ABOPM, its affiliates, directors, officers, employees, agents, third-party vendors, and contractors harmless from any and all claims, demands, and damages, including reasonable attorneys’ fees and litigation expenses, made by any third party due to or arising out of:

• Any data or content submitted, posted, or otherwise provided by you to the Site or to ABOPM
• Any breach by you or your affiliates, employees, agents, or representatives of these Terms of Use
• Your use of the Site

This Site, excluding linked sites, is controlled by ABOPM from its executives within Delaware in the United States of America.

By accessing this Site, you and ABOPM agree that all matters relating to access to or use of the Site shall be governed by the laws of Delaware, without regard to conflicts of laws principles. You and ABOPM also agree and submit to the exclusive personal jurisdiction and venue of the state Circuit Court of Fayette County, Kentucky, and the United States District Court for the Eastern District of Kentucky at Lexington, Kentucky with respect to such matters.

ABOPM makes no representation that the Content and Services available on this Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and peril and are responsible for compliance with local laws.

In the event of any dispute between you and ABOPM relating to these Terms, use of the Site, downloaded materials, applications, requests for information, or other communications, you and ABOPM expressly waive any rights to a trial by jury for all issues arising in any action or proceeding.

You agree that ABOPM may seek injunctive relief as a remedy for any breach of these Terms of Use, infringement, or other violation of ABOPM’s rights, in addition to any other legal or equitable remedies available.

Any claim, dispute, or controversy by you or ABOPM against the other shall be resolved in an appropriate court of law located in Fayette County, Kentucky, as described above.

For information regarding ABOPM’s practices for safeguarding and disclosing personal information, see ABOPM’s Privacy Policy.

When you engage in certain activities on this Site, such as downloading software or Content, ABOPM or other linked sites may ask you to provide certain information by filling out and submitting an online form.

It is optional for you to engage in these activities. If you do, ABOPM may require personal information such as your name, mailing address, email address, and other identifying information. When you submit such information, you understand and agree that ABOPM and its agents may transfer, store, and process your personal information in their files.

Third parties linked to this Site may also do the same, and ABOPM makes no representation about any third party’s use of personal information you furnish to them. You will be required to address such third party’s own privacy policy, if one exists.

When you visit the Site, ABOPM may use cookies to track your visit. A cookie is a small amount of data transferred to your browser by a web server and can only be read by the server that issued it. It functions as an identification card and may record passwords and preferences.

Most browsers are initially set to accept cookies, and you may set your browser to notify you when you receive a cookie so you can decide whether to accept it.

For some pages requiring authorization, cookies are not optional. Users choosing not to accept cookies may not be able to access those pages. You should be aware of the use of cookies and make a decision on that basis.

Notifications of claimed copyright infringement and counter-notices must be sent to ABOPM’s designated agent:

ABOPM’s designated agent will respond expeditiously to claims of copyright infringement reported in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or other applicable laws. Notices for services hosted in the United States must include the information required under the DMCA.

If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable under present or future law, that provision will be fully severable. These Terms will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised part of them, and the remaining provisions will remain in full force and effect.

In place of such invalid provision, there will automatically be added a provision as similar in terms as possible that is legal, valid, and enforceable.

Any failure by ABOPM to strictly enforce any provision of these Terms of Use shall not be considered a waiver of that provision. Likewise, any waiver by ABOPM of any breach of these Terms shall not operate as a waiver of any succeeding breach.